83R8271 EES-F
By: Burkett H.B. No. 3118
A BILL TO BE ENTITLED
AN ACT
relating to court-ordered outpatient mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 574.037, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsections (c-1) and
(c-2) to read as follows:
(b) The person responsible for the services shall submit to
the court within two weeks after the court enters the order a
general program of the treatment to be provided. The program must
include care coordination services and any other services or
treatment a treating physician considers clinically appropriate to
treat the patient's mental illness and assist the patient in
functioning safely in the community. The program must be
incorporated into the court order.
(c-1) A court that receives information under Subsection
(c)(1) that a patient is not complying with the program
incorporated into the court's order may:
(1) set a modification hearing under Section 574.062;
and
(2) issue an order for temporary detention under
Section 574.063(c).
(c-2) The failure of a patient to comply with the program
incorporated into a court order is not grounds for:
(1) punishment for contempt of court under Section
21.002, Government Code;
(2) issuance of an order authorizing administration of
psychoactive medication regardless of the patient's refusal; or
(3) commitment to an inpatient mental health facility,
provided that this subsection does not prevent a court from
ordering that commitment under Section 574.065(d)(2).
SECTION 2. Section 574.063(b), Health and Safety Code, is
amended to read as follows:
(b) The application must state the applicant's opinion and
detail the reasons for the applicant's opinion that:
(1) the patient meets the criteria for court-ordered
inpatient mental health services prescribed by Section 574.034(a)
or 574.035(a) [described by Section 574.065(a)]; and
(2) detention in an inpatient mental health facility
is necessary to evaluate the appropriate setting for continued
court-ordered services.
SECTION 3. Sections 574.064(b) and (d), Health and Safety
Code, are amended to read as follows:
(b) A patient may be detained under a temporary detention
order for more than 72 hours, excluding Saturdays, Sundays, legal
holidays, and the period prescribed by Section 574.025(b) for an
extreme emergency only if, after a hearing held before the
expiration of that period, the court, a magistrate, or a designated
associate judge finds that there is probable cause to believe that:
(1) the patient meets the criteria for court-ordered
inpatient mental health services prescribed by Section 574.034(a)
or 574.035(a) [described by Section 574.065(a)]; and
(2) detention in an inpatient mental health facility
is necessary to evaluate the appropriate setting for continued
court-ordered services.
(d) A facility administrator shall immediately release a
patient held under a temporary detention order if:
(1) at any time during the detention the examining
physician determines that the patient does not meet the criteria
for court-ordered inpatient mental health services prescribed by
Section 574.034(a) or 574.035(a); or
(2) the facility administrator does not receive notice
that the patient's continued detention is authorized:
(A) [(1)] after a probable cause hearing held
within 72 hours after the patient's detention begins; or
(B) [(2)] after a modification hearing held
within the period prescribed by Section 574.062.
SECTION 4. Sections 574.034(i) and 574.035(j), Health and
Safety Code, are repealed.
SECTION 5. This Act takes effect September 1, 2013.