83R24675 EES-F
By: Coleman H.B. No. 3731
Substitute the following for H.B. No. 3731:
By: Kolkhorst C.S.H.B. No. 3731
A BILL TO BE ENTITLED
AN ACT
relating to the date of a hearing on an application for an order to
authorize psychoactive medication for a person receiving inpatient
mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 574.104, Health and Safety Code, is
amended by amending Subsections (d) and (e) and adding Subsections
(d-1) and (f) to read as follows:
(d) The hearing on an [the] application for an order to
authorize psychoactive medication shall [may] be held:
(1) if the patient is under a court order for inpatient
mental health services under this chapter or other law, not later
than five business days after the filing of the application for an
order to authorize psychoactive medication; or
(2) if an application for court-ordered mental health
services under Section 574.034 or 574.035 has been filed for the
patient:
(A) on the date of a hearing on that [an]
application; or
(B) on a showing of good cause why the hearing
cannot or should not be held on the date prescribed by Paragraph
(A), [for court-ordered mental health services under Section
574.034 or 574.035 but shall be held] not later than five business
[30] days after the filing of the application for the order to
authorize psychoactive medication.
(d-1) If the hearing is not held on the same day as the
application for court-ordered mental health services under Section
574.034 or 574.035 and the patient is transferred to a mental health
facility in another county, the court may transfer the application
for an order to authorize psychoactive medication to the county
where the patient has been transferred.
(e) Subject to the requirement in Subsection (d) that the
hearing shall be held on the date of a hearing on an application for
court-ordered mental health services under Section 574.034 or
574.035 or not later than five business [30] days after the filing
of the application for an order to authorize psychoactive
medication, the court may grant one continuance on a party's motion
or [and] for good cause shown. The court may grant more than one
continuance only with the agreement of the parties.
(f) Nothing in this section shall be construed to require a
physician to file an application for an order to authorize
psychoactive medication for a patient for whom an application for
court-ordered mental health services under Section 574.034 or
574.035 has been filed.
SECTION 2. The changes in law made by this Act to Section
574.104, Health and Safety Code, apply only to an application to
authorize the administration of certain medication that is filed on
or after the effective date of this Act. An application to
authorize the administration of certain medication that is filed
before the effective date of this Act is governed by the law in
effect on the date on which the application was filed, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.