Texas 2013 - 83rd Regular

Texas House Bill HB3731 Compare Versions

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Old	New	Differences
1	1	83R24675 EES-F
2	2	By: Coleman H.B. No. 3731
3	3	Substitute the following for H.B. No. 3731:
4	4	By: Kolkhorst C.S.H.B. No. 3731
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the date of a hearing on an application for an order to
10	10	authorize psychoactive medication for a person receiving inpatient
11	11	mental health services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 574.104, Health and Safety Code, is
14	14	amended by amending Subsections (d) and (e) and adding Subsections
15	15	(d-1) and (f) to read as follows:
16	16	(d) The hearing on an [the] application for an order to
17	17	authorize psychoactive medication shall [may] be held:
18	18	(1) if the patient is under a court order for inpatient
19	19	mental health services under this chapter or other law, not later
20	20	than five business days after the filing of the application for an
21	21	order to authorize psychoactive medication; or
22	22	(2) if an application for court-ordered mental health
23	23	services under Section 574.034 or 574.035 has been filed for the
24	24	patient:
25	25	(A) on the date of a hearing on that [an]
26	26	application; or
27	27	(B) on a showing of good cause why the hearing
28	28	cannot or should not be held on the date prescribed by Paragraph
29	29	(A), [for court-ordered mental health services under Section
30	30	574.034 or 574.035 but shall be held] not later than five business
31	31	[30] days after the filing of the application for the order to
32	32	authorize psychoactive medication.
33	33	(d-1) If the hearing is not held on the same day as the
34	34	application for court-ordered mental health services under Section
35	35	574.034 or 574.035 and the patient is transferred to a mental health
36	36	facility in another county, the court may transfer the application
37	37	for an order to authorize psychoactive medication to the county
38	38	where the patient has been transferred.
39	39	(e) Subject to the requirement in Subsection (d) that the
40	40	hearing shall be held on the date of a hearing on an application for
41	41	court-ordered mental health services under Section 574.034 or
42	42	574.035 or not later than five business [30] days after the filing
43	43	of the application for an order to authorize psychoactive
44	44	medication, the court may grant one continuance on a party's motion
45	45	or [and] for good cause shown. The court may grant more than one
46	46	continuance only with the agreement of the parties.
47	47	(f) Nothing in this section shall be construed to require a
48	48	physician to file an application for an order to authorize
49	49	psychoactive medication for a patient for whom an application for
50	50	court-ordered mental health services under Section 574.034 or
51	51	574.035 has been filed.
52	52	SECTION 2. The changes in law made by this Act to Section
53	53	574.104, Health and Safety Code, apply only to an application to
54	54	authorize the administration of certain medication that is filed on
55	55	or after the effective date of this Act. An application to
56	56	authorize the administration of certain medication that is filed
57	57	before the effective date of this Act is governed by the law in
58	58	effect on the date on which the application was filed, and the
59	59	former law is continued in effect for that purpose.
60	60	SECTION 3. This Act takes effect September 1, 2013.