| 1 | 1 | | 84R8459 LEH-F |
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| 2 | 2 | | By: Murr H.B. No. 2101 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the effect and disregard of declarations for mental |
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| 8 | 8 | | health treatment. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 137.008(a) and (b), Civil Practice and |
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| 11 | 11 | | Remedies Code, are amended to read as follows: |
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| 12 | 12 | | (a) A physician or other health care provider may subject |
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| 13 | 13 | | the principal to mental health treatment in a manner contrary to the |
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| 14 | 14 | | principal's wishes as expressed in a declaration for mental health |
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| 15 | 15 | | treatment only after a judicial determination that the principal |
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| 16 | 16 | | was mentally incompetent at the time the principal executed the |
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| 17 | 17 | | declaration for mental health treatment[: |
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| 18 | 18 | | [(1) if the principal is under an order for temporary |
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| 19 | 19 | | or extended mental health services under Section 574.034 or |
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| 20 | 20 | | 574.035, Health and Safety Code, and treatment is authorized in |
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| 21 | 21 | | compliance with Section 574.106, Health and Safety Code; or |
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| 22 | 22 | | [(2) in case of an emergency when the principal's |
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| 23 | 23 | | instructions have not been effective in reducing the severity of |
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| 24 | 24 | | the behavior that has caused the emergency]. |
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| 25 | 25 | | (b) A declaration for mental health treatment does not limit |
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| 26 | 26 | | any authority to arrest or prosecute a person for violation of a law |
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| 27 | 27 | | [provided by Chapter 573 or 574, Health and Safety Code: |
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| 28 | 28 | | [(1) to take a person into custody; or |
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| 29 | 29 | | [(2) to admit or retain a person in a mental health |
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| 30 | 30 | | treatment facility]. |
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| 31 | 31 | | SECTION 2. Section 137.008(c), Civil Practice and Remedies |
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| 32 | 32 | | Code, is repealed. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2015. |
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