BILL ANALYSIS Senate Research Center H.B. 2096 82R4502 AJZ-D By: Thompson (Ellis) Criminal Justice 5/19/2011 Engrossed
BILL ANALYSIS
Senate Research Center H.B. 2096
82R4502 AJZ-D By: Thompson (Ellis)
Criminal Justice
5/19/2011
Engrossed
Senate Research Center
H.B. 2096
82R4502 AJZ-D
By: Thompson (Ellis)
Criminal Justice
5/19/2011
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Currently, the Health and Safety Code does not name a court of competent jurisdiction to receive and rule upon a writ of habeas corpus in mental health cases. H.B. 2096 exclusively grants the Court of Appeals, in the county in which the order is entered, jurisdiction to receive and rule upon such cases. This bill does not limit the rights of any party to appeal from a ruling of the Court of Appeals to a higher court. H.B. 2096 amends current law relating to the filing of writs of habeas corpus in mental health cases. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 576.003, Health and Safety Code, as follows: Sec. 576.003. WRIT OF HABEAS CORPUS. Requires that a petition for a writ of habeas corpus be filed in the court of appeals for the county in which the order is entered. Deletes existing text providing that this subtitle does not limit a person's right to obtain a writ of habeas corpus. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: upon passage or September 1, 2011.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Currently, the Health and Safety Code does not name a court of competent jurisdiction to receive and rule upon a writ of habeas corpus in mental health cases. H.B. 2096 exclusively grants the Court of Appeals, in the county in which the order is entered, jurisdiction to receive and rule upon such cases. This bill does not limit the rights of any party to appeal from a ruling of the Court of Appeals to a higher court.
H.B. 2096 amends current law relating to the filing of writs of habeas corpus in mental health cases.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 576.003, Health and Safety Code, as follows:
Sec. 576.003. WRIT OF HABEAS CORPUS. Requires that a petition for a writ of habeas corpus be filed in the court of appeals for the county in which the order is entered. Deletes existing text providing that this subtitle does not limit a person's right to obtain a writ of habeas corpus.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: upon passage or September 1, 2011.