83R3243 AED-D
By: Burkett H.B. No. 1947
A BILL TO BE ENTITLED
AN ACT
relating to the criteria for commitment of a person with mental
illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 571.003, Health and Safety Code, is
amended by adding Subdivision (7-a) to read as follows:
(7-a) "Gravely disabled" means a person who, as a
result of mental illness, is:
(A) suffering severe and ongoing mental,
emotional, or physical distress;
(B) in danger of serious physical harm or serious
illness due to the person's inability to function independently,
which is exhibited by the person's inability due to mental illness,
except for reasons of indigence, to provide for the person's basic
needs, including food, clothing, shelter, medical care, health, or
safety; and
(C) unable to make a rational and informed
decision as to whether to submit to treatment.
SECTION 2. Section 574.034(a), Health and Safety Code, is
amended to read as follows:
(a) The judge may order a proposed patient to receive
court-ordered temporary inpatient mental health services only if
the judge or jury finds, from clear and convincing evidence, that:
(1) the proposed patient is mentally ill; and
(2) as a result of that mental illness the proposed
patient:
(A) is likely to cause serious harm to himself;
(B) is likely to cause serious harm to others; or
(C) is gravely disabled [:
[(i) suffering severe and abnormal mental,
emotional, or physical distress;
[(ii) experiencing substantial mental or
physical deterioration of the proposed patient's ability to
function independently, which is exhibited by the proposed
patient's inability, except for reasons of indigence, to provide
for the proposed patient's basic needs, including food, clothing,
health, or safety; and
[(iii) unable to make a rational and
informed decision as to whether or not to submit to treatment].
SECTION 3. Section 574.035(a), Health and Safety Code, is
amended to read as follows:
(a) The judge may order a proposed patient to receive
court-ordered extended inpatient mental health services only if the
jury, or the judge if the right to a jury is waived, finds, from
clear and convincing evidence, that:
(1) the proposed patient is mentally ill;
(2) as a result of that mental illness the proposed
patient:
(A) is likely to cause serious harm to himself;
(B) is likely to cause serious harm to others; or
(C) is gravely disabled [:
[(i) suffering severe and abnormal mental,
emotional, or physical distress;
[(ii) experiencing substantial mental or
physical deterioration of the proposed patient's ability to
function independently, which is exhibited by the proposed
patient's inability, except for reasons of indigence, to provide
for the proposed patient's basic needs, including food, clothing,
health, or safety; and
[(iii) unable to make a rational and
informed decision as to whether or not to submit to treatment];
(3) the proposed patient's condition is expected to
continue for more than 90 days; and
(4) the proposed patient has received court-ordered
inpatient mental health services under this subtitle or under
Chapter 46B, Code of Criminal Procedure, for at least 60
consecutive days during the preceding 12 months.
SECTION 4. This Act takes effect September 1, 2013.