By: Coleman (Senate Sponsor - Schwertner) H.B. No. 3474
(In the Senate - Received from the House May 6, 2015;
May 7, 2015, read first time and referred to Committee on Health
and Human Services; May 22, 2015, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 8,
Nays 1; May 22, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3474 By: Kolkhorst
A BILL TO BE ENTITLED
AN ACT
relating to issues affecting counties and other governmental
entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Effective September 1, 2015, Article 55.01(a),
Code of Criminal Procedure, is amended to read as follows:
(a) A person who has been placed under a custodial or
noncustodial arrest for commission of either a felony or
misdemeanor is entitled to have all records and files relating to
the arrest expunged if:
(1) the person is tried for the offense for which the
person was arrested and is:
(A) acquitted by the trial court, except as
provided by Subsection (c); or
(B) convicted and subsequently:
(i) pardoned for a reason other than that
described by Subparagraph (ii); or
(ii) pardoned or otherwise granted relief
on the basis of actual innocence with respect to that offense, if
the applicable pardon or court order clearly indicates on its face
that the pardon or order was granted or rendered on the basis of the
person's actual innocence; or
(2) the person has been released and the charge, if
any, has not resulted in a final conviction and is no longer pending
and there was no court-ordered community supervision under Article
42.12 for the offense, unless the offense is a Class C misdemeanor,
provided that:
(A) regardless of whether any statute of
limitations exists for the offense and whether any limitations
period for the offense has expired, an indictment or information
charging the person with the commission of a misdemeanor offense
based on the person's arrest or charging the person with the
commission of any felony offense arising out of the same
transaction for which the person was arrested:
(i) has not been presented against the
person at any time following the arrest, and:
(a) at least 180 days have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a Class C misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(b) at least one year has elapsed from
the date of arrest if the arrest for which the expunction was sought
was for an offense punishable as a Class B or A misdemeanor and if
there was no felony charge arising out of the same transaction for
which the person was arrested;
(c) at least three years have elapsed
from the date of arrest if the arrest for which the expunction was
sought was for an offense punishable as a felony or if there was a
felony charge arising out of the same transaction for which the
person was arrested; or
(d) the attorney representing the
state certifies that the applicable arrest records and files are
not needed for use in any criminal investigation or prosecution,
including an investigation or prosecution of another person; or
(ii) if presented at any time following the
arrest, was dismissed or quashed, and the court finds that the
indictment or information was dismissed or quashed because:
(a) the person was arrested for a
Class B or Class C misdemeanor and subsequently completed a
veterans treatment court program under Chapter 124, Government
Code, or former law;
(b) the person completed a pretrial
intervention program authorized under Section 76.011, Government
Code, or, if the person was arrested for an offense punishable as a
Class A misdemeanor or any higher category of offense, a veterans
treatment court program under Chapter 124, Government Code, or
former law;
(c) [because] the presentment had
been made because of mistake, false information, or other similar
reason indicating absence of probable cause at the time of the
dismissal to believe the person committed the offense; or
(d) [, or because] the indictment or
information was void; or
(B) prosecution of the person for the offense for
which the person was arrested is no longer possible because the
limitations period has expired.
SECTION 2. Effective September 1, 2015, Section 1a, Article
55.02, Code of Criminal Procedure, is amended by adding Subsection
(a-1) to read as follows:
(a-1) A trial court dismissing a case of a person arrested
for a Class B or Class C misdemeanor, following the person's
successful completion of a veterans treatment court program created
under Chapter 124, Government Code, or former law, if the trial
court is a district court, or a district court in the county in
which the trial court is located shall enter an order of expunction
for a person entitled to expunction under Article
55.01(a)(2)(A)(ii)(a) not later than the 30th day after the date
the court dismisses the case or receives the information regarding
that dismissal, as applicable.
SECTION 3. Effective September 1, 2015, Section 2(a),
Article 55.02, Code of Criminal Procedure, is amended to read as
follows:
(a) A person who is entitled to expunction of records and
files under Article 55.01(a)(1)(B)(i) or under Article
55.01(a)(2), other than Article 55.01(a)(2)(A)(ii)(a), or a person
who is eligible for expunction of records and files under Article
55.01(b) may file an ex parte petition for expunction in a district
court for the county in which:
(1) the petitioner was arrested; or
(2) the offense was alleged to have occurred.
SECTION 4. Effective September 1, 2015, Section
21.044(c-1), Education Code, is amended to read as follows:
(c-1) Any minimum academic qualifications for a certificate
specified under Subsection (a) that require a person to possess a
bachelor's degree must also require that the person receive, as
part of the training required to obtain that certificate,
instruction regarding mental health, substance abuse, and youth
suicide. The instruction required must:
(1) be provided through a program selected from the
list of recommended best practice-based programs established under
Section 161.325, Health and Safety Code; and
(2) include effective strategies for teaching and
intervening with students with mental or emotional disorders,
including de-escalation techniques and positive behavioral
interventions and supports [in detection of students with mental or
emotional disorders].
SECTION 5. Effective September 1, 2015, Section 54.976(a),
Government Code, is amended to read as follows:
(a) A judge may refer to a magistrate any criminal case or
matter relating to a criminal case for proceedings involving:
(1) a negotiated plea of guilty or no contest and
sentencing;
(2) a pretrial motion;
(3) an examining trial;
(4) a writ of habeas corpus;
(5) a bond forfeiture suit;
(6) issuance of search warrants;
(7) setting, setting conditions, modifying, revoking,
and surrendering of bonds, including surety bonds;
(8) arraignment of defendants;
(9) a motion to increase or decrease a bond;
(10) a motion to revoke community supervision or to
proceed to an adjudication;
(11) an issue of competency or a civil commitment
under Chapter 46, 46B, or 46C, Code of Criminal Procedure, with or
without a jury;
(12) a motion to modify community supervision;
(13) specialty court proceedings, including drug
court proceedings, veterans treatment [veteran's] court
proceedings, and driving while intoxicated court proceedings;
(14) an expunction or a petition for nondisclosure;
(15) an occupational driver's license;
(16) a waiver of extradition;
(17) the issuance of subpoenas and orders requiring
the production of medical records, including records relating to
mental health or substance abuse treatment; and
(18) any other matter the judge considers necessary
and proper.
SECTION 6. Effective September 1, 2015, Section 103.0271,
Government Code, is amended to read as follows:
Sec. 103.0271. ADDITIONAL MISCELLANEOUS FEES AND COSTS:
GOVERNMENT CODE. Fees and costs shall be paid or collected under
the Government Code as follows:
(1) a program fee for a drug court program (Sec.
123.004, Government Code) . . . not to exceed $1,000;
(2) an alcohol or controlled substance testing,
counseling, and treatment fee (Sec. 123.004, Government
Code) . . . the amount necessary to cover the costs of testing,
counseling, and treatment;
(3) a reasonable program fee for a veterans treatment
court program (Sec. 124.005, Government Code) . . . not to exceed
$500 [$1,000]; and
(4) a testing, counseling, and treatment fee for
testing, counseling, or treatment performed or provided under a
veterans treatment court program (Sec. 124.005, Government
Code) . . . the amount necessary to cover the costs of testing,
counseling, or treatment.
SECTION 7. Effective September 1, 2015, the heading to
Chapter 124, Government Code, is amended to read as follows:
CHAPTER 124. VETERANS TREATMENT COURT PROGRAM
SECTION 8. Effective September 1, 2015, Section 124.001,
Government Code, is amended to read as follows:
Sec. 124.001. VETERANS TREATMENT COURT PROGRAM DEFINED;
PROCEDURES FOR CERTAIN DEFENDANTS. (a) In this chapter, "veterans
treatment court program" means a program that has the following
essential characteristics:
(1) the integration of services in the processing of
cases in the judicial system;
(2) the use of a nonadversarial approach involving
prosecutors and defense attorneys to promote public safety and to
protect the due process rights of program participants;
(3) early identification and prompt placement of
eligible participants in the program;
(4) access to a continuum of alcohol, controlled
substance, mental health, and other related treatment and
rehabilitative services;
(5) careful monitoring of treatment and services
provided to program participants;
(6) a coordinated strategy to govern program responses
to participants' compliance;
(7) ongoing judicial interaction with program
participants;
(8) monitoring and evaluation of program goals and
effectiveness;
(9) continuing interdisciplinary education to promote
effective program planning, implementation, and operations; and
(10) development of partnerships with public agencies
and community organizations, including the United States
Department of Veterans Affairs.
(b) If a defendant who was arrested for or charged with, but
not convicted of or placed on deferred adjudication community
supervision for, an offense successfully completes a veterans
treatment court program [as authorized under Section 76.011], after
notice to the attorney representing the state and a hearing in the
veterans treatment court at which that court determines that a
dismissal is in the best interest of justice, the veterans
treatment court shall provide its findings with respect to the
dismissal to the court in which the criminal case is pending and
shall include, for a defendant entitled to expunction, all of the
information required for a petition under Section 2(b), Article
55.02, Code of Criminal Procedure. If the veterans treatment court
determines that a dismissal is in the best interest of justice for a
program participant, the court in which the criminal case is
pending shall dismiss the case [criminal action] against the
participant. For a participant who is entitled to an automatic
order of expunction under Section 1a(a-1), Article 55.02, Code of
Criminal Procedure, the court in which the criminal case is pending
shall:
(1) enter the order on behalf of the participant, if
that court is a district court; or
(2) if that court is not a district court, forward the
appropriate dismissal and expunction information to a district
court with jurisdiction to enter the order on behalf of the
participant [defendant].
(c) Regardless of whether the defendant was convicted of the
offense for which the defendant entered the veterans treatment
court program or whether the applicable court with jurisdiction
over the criminal case deferred further proceedings without
entering an adjudication of guilt, if a defendant successfully
completes a veterans treatment court program and the case was not
dismissed under Subsection (b), after notice to the state and a
hearing on whether the defendant is otherwise entitled to the
petition and whether issuance of the order is in the best interest
of justice, the court shall enter an order of nondisclosure under
Section 411.081 as if the defendant had received a discharge and
dismissal under Section 5(c), Article 42.12, Code of Criminal
Procedure, with respect to all records and files related to the
defendant's arrest for the offense for which the defendant entered
the program if the defendant entered the program based on an offense
punishable as a misdemeanor and:
(1) has not been previously convicted of an offense
listed in Section 3g, Article 42.12, Code of Criminal Procedure, or
a sexually violent offense, as defined by Article 62.001, Code of
Criminal Procedure; and
(2) is not convicted for any felony offense between
the date on which the defendant successfully completed the program
and the second anniversary of that date.
(d) Notwithstanding Subsection (c), a defendant is not
entitled to petition the court for an order of nondisclosure
following successful completion of a veterans treatment court
program if the defendant's entry into the program arose as the
result of a conviction for an offense involving the operation of a
motor vehicle while intoxicated and it was shown on the trial of the
offense that the defendant's operation of a motor vehicle while
intoxicated caused bodily injury to another. In this subsection,
"bodily injury" has the meaning assigned by Section 1.07, Penal
Code.
SECTION 9. Effective September 1, 2015, Section 124.002,
Government Code, is amended to read as follows:
Sec. 124.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
(a) The commissioners court of a county may establish a veterans
treatment court program for persons arrested for, [or] charged
with, convicted of, or placed on deferred adjudication community
supervision for any misdemeanor or felony offense. A defendant is
eligible to participate in a veterans treatment court program
established under this chapter only if the attorney representing
the state consents to the defendant's participation in the program
and if the court in which the criminal case is pending or in which
the defendant was convicted or placed on deferred adjudication
community supervision, as applicable, finds that:
(1) the defendant:
(A) [(1)] is a veteran or current member of the
United States armed forces, including a member of the reserves,
national guard, or state guard; and
(B) [(2)] suffers from a brain injury, mental
illness, or mental disorder, including post-traumatic stress
disorder, or was a victim of military sexual trauma if the injury,
illness, disorder, or trauma [that]:
(i) occurred during or [(A)] resulted from
the defendant's military service [in a combat zone or other similar
hazardous duty area]; and
(ii) [(B) materially] affected the
defendant's criminal conduct at issue in the case; or
(2) considering the circumstances of the defendant's
conduct, personal and social background, and criminal history, the
defendant's participation in a veterans treatment court program is
likely to achieve the objective of ensuring public safety through
rehabilitation of the veteran in the manner provided by Section
1.02(1), Penal Code.
(b) The court in which the criminal case is pending shall
allow an eligible defendant to choose whether to proceed through
the veterans treatment court program or otherwise through the
criminal justice system.
(c) Proof of matters described by Subsection (a) may be
submitted to the applicable criminal court [in which the criminal
case is pending] in any form the court determines to be appropriate,
including military service and medical records, previous
determinations of a disability by a veteran's organization or by
the United States Department of Veterans Affairs, testimony or
affidavits of other veterans or service members, and prior
determinations of eligibility for benefits by any state or county
veterans office. The court's findings must accompany any docketed
case.
(d) In this section, "military sexual trauma" means any
sexual assault or sexual harassment that occurs while the victim is
a member of the United States armed forces performing the person's
regular duties.
SECTION 10. Effective September 1, 2015, the heading to
Section 124.003, Government Code, is amended to read as follows:
Sec. 124.003. DUTIES OF VETERANS TREATMENT COURT PROGRAM.
SECTION 11. Effective September 1, 2015, Section 124.003,
Government Code, is amended by amending Subsections (a) and (b) and
adding Subsection (b-1) to read as follows:
(a) A veterans treatment court program established under
this chapter must:
(1) if there has not yet been a disposition in the
criminal case, ensure that a person eligible for the program is
provided legal counsel before volunteering to proceed through the
program and while participating in the program;
(2) allow a participant arrested for or charged with
an offense to withdraw from the program at any time before a trial
on the merits has been initiated;
(3) provide a participant with a court-ordered
individualized treatment plan indicating the services that will be
provided to the participant; and
(4) ensure that the jurisdiction of the veterans
treatment court continues for a period of not less than six months
but does not continue beyond the period of community supervision
for the offense charged.
(b) A veterans treatment court program established under
this chapter shall make, establish, and publish local procedures to
ensure maximum participation of eligible defendants in the county
or counties in which those defendants reside.
(b-1) A veterans treatment court program may allow a
participant to comply with the participant's court-ordered
individualized treatment plan or to fulfill certain other court
obligations through the use of videoconferencing software or other
Internet-based communications.
SECTION 12. Effective September 1, 2015, Section 124.004,
Government Code, is amended to read as follows:
Sec. 124.004. ESTABLISHMENT OF REGIONAL PROGRAM. (a) The
commissioners courts of two or more counties may elect to establish
a regional veterans treatment court program under this chapter for
the participating counties.
(b) For purposes of this chapter, each county that elects to
establish a regional veterans treatment court program under this
section is considered to have established the program and is
entitled to retain fees under Article 102.0178, Code of Criminal
Procedure, in the same manner as if the county had established a
veterans treatment court program without participating in a
regional program.
SECTION 13. Effective September 1, 2015, Section
124.005(a), Government Code, is amended to read as follows:
(a) A veterans treatment court program established under
this chapter may collect from a participant in the program:
(1) a reasonable program fee not to exceed $500
[$1,000]; and
(2) a testing, counseling, and treatment fee in an
amount necessary to cover the costs of any testing, counseling, or
treatment performed or provided under the program.
SECTION 14. Effective September 1, 2015, Chapter 124,
Government Code, is amended by adding Section 124.006 to read as
follows:
Sec. 124.006. COURTESY SUPERVISION. (a) A veterans
treatment court program that accepts placement of a defendant may
transfer responsibility for supervising the defendant's
participation in the program to another veterans treatment court
program that is located in the county where the defendant works or
resides. The defendant's supervision may be transferred under this
section only with the consent of both veterans treatment court
programs and the defendant.
(b) A defendant that consents to the transfer of the
defendant's supervision must agree to abide by all rules,
requirements, and instructions of the veterans treatment court
program that accepts the transfer.
(c) If a defendant whose supervision is transferred under
this section does not successfully complete the program, the
veterans treatment court program supervising the defendant shall
return the responsibility for the defendant's supervision to the
veterans treatment court program that initiated the transfer.
(d) If a defendant is charged with an offense in a county
that does not operate a veterans treatment court program, the court
in which the criminal case is pending may place the defendant in a
veterans treatment court program located in the county where the
defendant works or resides, provided that a program is operated in
that county and the defendant agrees to the placement. A defendant
placed in a veterans treatment court program in accordance with
this subsection must agree to abide by all rules, requirements, and
instructions of the program.
SECTION 15. Effective September 1, 2015, Section
772.0061(a)(2), Government Code, as amended by Chapters 747 (S.B.
462) and 1167 (S.B. 484), Acts of the 83rd Legislature, Regular
Session, 2013, is reenacted and amended to read as follows:
(2) "Specialty court" means:
(A) a prostitution prevention program
established under Chapter 169A, Health and Safety Code;
(B) a family drug court program established under
Chapter 122 or former law;
(C) [(B)] a drug court program established under
Chapter 123 or former law;
(D) [(C)] a veterans treatment court program
established under Chapter 124 or former law; and
(E) [(D)] a mental health court program
established under Chapter 125 or former law.
SECTION 16. Chapter 772, Government Code, is amended by
adding Section 772.0072 to read as follows:
Sec. 772.0072. GRANT PROGRAM FOR MONITORING DEFENDANTS AND
VICTIMS IN FAMILY VIOLENCE CASES. (a) In this section:
(1) "Criminal justice division" means the criminal
justice division established under Section 772.006.
(2) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(b) If funds are appropriated for the purposes of this
section, the criminal justice division, in consultation with the
Texas Council on Family Violence, shall establish and administer a
grant program to reimburse counties for all or part of the costs
incurred by counties as a result of monitoring in cases involving
family violence defendants and victims who participate in a global
positioning monitoring system under Article 17.292 or 17.49, Code
of Criminal Procedure.
(c) The criminal justice division, in consultation with the
Texas Council on Family Violence, shall establish:
(1) additional eligibility criteria for grant
applicants;
(2) grant application procedures;
(3) guidelines relating to grant amounts;
(4) procedures for evaluating grant applications; and
(5) procedures for monitoring the use of a grant
awarded under the program and ensuring compliance with any
conditions of a grant.
(d) The criminal justice division shall include in the
biennial report required by Section 772.006(a)(9) a detailed
reporting of the results and performance of the grant program
administered under this section.
(e) The criminal justice division may use all revenue
available for purposes of this section other than funding received
under the Victims of Crime Act of 1984 (Title II,
Pub. L. No. 98-473), the Violence Against Women Act of 1994 (Title
IV, Pub. L. No. 103-322), or the Violence Against Women Act of 2000
(Division B, Pub. L. No. 106-386).
SECTION 17. Section 81.008, Health and Safety Code, as
amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2015, is amended to read as follows:
Sec. 81.008. COMMUNICABLE DISEASE IN ANIMALS; EXCHANGE OF
INFORMATION. (a) If the department or a local health authority
has reasonable cause to believe that an animal has been infected
with, has been exposed to, or is the carrier of a communicable
disease, the department, local health authority, or Texas Animal
Health Commission may obtain a sample of the animal's blood or other
bodily fluid to perform a test for an infectious disease without:
(1) the permission of the animal's owner; or
(2) a control order under Section 81.084.
(b) The Texas Animal Health Commission and the Texas A&M
[University] Veterinary Medical Diagnostic Laboratory shall each
adopt by rule a memorandum of understanding, adopted also by rule by
the executive commissioner, governing the exchange of information
on communicable diseases in animals between the department and
those entities.
SECTION 18. Section 81.046, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (f-1) to
read as follows:
(b) Reports, records, and information relating to cases or
suspected cases of diseases or health conditions are not public
information under Chapter 552, Government Code, and may not be
released or made public on subpoena or otherwise except as provided
by Subsections (c), (d), [and] (f), and (f-1).
(f-1) The department may release to a first responder, as
defined by Section 421.095, Government Code, or a local health
authority a person's name and the address of the person's current
location if:
(1) the department reasonably believes that the person
is infected with, has been exposed to, or is the carrier of a
communicable disease; and
(2) the communicable disease poses a serious health
risk to first responders that do not wear the appropriate personal
protective equipment.
SECTION 19. Section 81.083, Health and Safety Code, is
amended by amending Subsections (a), (b), and (e) and adding
Subsection (d-1) to read as follows:
(a) Any person, including a physician, who examines or
treats an individual who has a communicable disease, or the
department or a local health authority, shall instruct the
individual about:
(1) measures for preventing reinfection and spread of
the disease; and
(2) the necessity for treatment until the individual
is cured or free from the infection.
(b) If the department or a health authority has reasonable
cause to believe that an individual is infected [ill] with, has been
exposed to, or is the carrier of a communicable disease, the
department or health authority may order the individual, or the
individual's parent, legal guardian, or managing conservator if the
individual is a minor, to implement control measures that are
reasonable and necessary to prevent the introduction,
transmission, and spread of the disease in this state. The order
may require the individual to remain in a health care facility or
other location, including the individual's home.
(d-1) A peace officer, including a sheriff or constable, may
use reasonable force to:
(1) secure an individual subject to an order issued
under Subsection (b); and
(2) except as directed by the department or the health
authority, prevent the individual from leaving the facility or
other location designated in the order.
(e) An individual may be subject to emergency detention
under Section 81.0891 or court orders under Subchapter G if the
individual is infected with, has been exposed to, or is the carrier
of or is reasonably suspected of being infected with, having been
exposed to, or being the carrier of a communicable disease that
presents an immediate threat to the public health and:
(1) the individual, or the individual's parent, legal
guardian, or managing conservator if the individual is a minor,
does not comply with the written orders of the department or a
health authority under this section; or
(2) a public health disaster exists, regardless of
whether the department or health authority has issued a written
order and the individual has indicated that the individual will not
voluntarily comply with control measures.
SECTION 20. Section 81.084(j), Health and Safety Code, is
amended to read as follows:
(j) In this section, "property" means:
(1) an object;
(2) a parcel of land; [or]
(3) an animal; or
(4) a structure[, animal,] or other property on a
parcel of land.
SECTION 21. Sections 81.086(b), (c), and (i), Health and
Safety Code, are amended to read as follows:
(b) If the department or health authority has reasonable
cause to believe that a carrier or conveyance has departed from or
traveled through an area infected or contaminated with a
communicable disease or that an individual transported by the
carrier or conveyance is infected with, has been exposed to, or is
the carrier of a communicable disease, the department or health
authority may order the owner, operator, or authorized agent in
control of the carrier or conveyance to:
(1) stop the carrier or conveyance at a port of entry
or place of first landing or first arrival in this state; and
(2) provide information on passengers and cargo
manifests that includes the details of:
(A) any illness suspected of being communicable
that occurred during the journey;
(B) any condition on board the carrier or
conveyance during the journey that may lead to the spread of
disease; and
(C) any control measures imposed on the carrier
or conveyance, its passengers or crew, or its cargo or any other
object on board during the journey.
(c) The department or health authority may impose necessary
technically feasible control measures under Section 81.083 or
81.084 to prevent the introduction and spread of communicable
disease in this state if the department or health authority, after
inspection, has reasonable cause to believe that a carrier or
conveyance:
(1) [that] has departed from or traveled through an
infected or contaminated area and:
(A) [(1)] is or may be infected or contaminated
with a communicable disease; or
(B) [(2)] has cargo or an object on board that is
or may be infected or contaminated with a communicable disease; or
(2) [(3)] has an individual on board who is infected
with, has been exposed to, or is the carrier of[,] a communicable
disease.
(i) The department or health authority may require an
individual transported by carrier or conveyance who the department
or health authority has reasonable cause to believe is infected
with, has been exposed to, or is the carrier of a communicable
disease to be isolated from other travelers and to disembark with
the individual's personal effects and baggage at the first location
equipped with adequate investigative and disease control
facilities, whether the person is in transit through this state or
to an intermediate or ultimate destination in this state. The
department or health authority may investigate and, if necessary,
isolate or involuntarily hospitalize the individual until the
department or health authority approves the discharge as authorized
by Section 81.083.
SECTION 22. Subchapter E, Chapter 81, Health and Safety
Code, is amended by adding Sections 81.0891, 81.0892, 81.0893,
81.0894, and 81.0895 to read as follows:
Sec. 81.0891. EMERGENCY DETENTION OF INDIVIDUAL SUBJECT TO
CONTROL ORDER. (a) A peace officer, without a warrant, may take an
individual into custody if the officer has reason to believe and
does believe that:
(1) the individual is subject to a written control
order under Section 81.083 issued in response to a communicable
disease that the commissioner of state health services has
determined poses a serious and imminent risk to health and safety
because the disease:
(A) has resulted or is likely to result in severe
or life-threatening illness or death for those infected with the
disease; and
(B) is not contained by current public health and
medical interventions and is resulting in a high rate of morbidity
or mortality;
(2) the individual, or the individual's parent, legal
guardian, or managing conservator if the individual is a minor, is
not complying with or does not intend to comply with the control
order; and
(3) there is a substantial risk of serious harm to
others unless the individual is immediately detained.
(b) A substantial risk of serious harm to others under
Subsection (a)(3) may be demonstrated by:
(1) a violation of a control order issued in response
to a communicable disease described by Subsection (a)(1) by the
individual or, if the individual is a minor, the individual's
parent, legal guardian, or managing conservator;
(2) evidence of signs or symptoms of illness
consistent with the signs or symptoms of a communicable disease
described by Subsection (a)(1), to the extent that the person
cannot remain at liberty; or
(3) information provided to the peace officer by the
local health authority that issued the control order or the
department.
(c) The peace officer may form the belief that the
individual may be subject to emergency detention under this
section:
(1) on information and belief from the local health
authority that issued the control order or the department; or
(2) on the basis of the condition of the individual or
the circumstances under which the individual is found.
(d) A peace officer who takes an individual into custody
under Subsection (a) shall immediately transport or, if the
individual's suspected illness may pose a serious health risk to
the peace officer, arrange for transportation of the individual to:
(1) the nearest appropriate health facility, as
determined by the department; or
(2) a location considered suitable by the department
or local health authority, including the individual's home.
(e) In determining whether a health facility or location is
appropriate for detention of a particular individual under
Subsection (d), the department or local health authority shall, to
the extent possible while still protecting the public health,
attempt to keep family units together.
(f) In determining whether a health facility is appropriate
for the detention of a person under Subsection (d)(1), the
department shall consider the facility's capacity and resources and
whether the facility is designated as a facility for containment
and treatment of communicable diseases.
(g) A peace officer who takes an individual into custody
under Subsection (a) shall immediately inform the individual orally
in simple, nontechnical terms:
(1) of the reason for the detention;
(2) of the individual's rights under Section 81.0895;
and
(3) that a staff member of the health facility, or the
department or local health authority if the individual is detained
at a location under Subsection (d)(2), will inform the individual
of the individual's rights under Section 81.0895 not later than 24
hours after the time the individual is admitted to the facility or
detained at the other location, as applicable.
Sec. 81.0892. PEACE OFFICER'S NOTIFICATION OF DETENTION.
(a) A peace officer shall immediately file with a health facility,
or the local health authority or the department if the individual is
detained at a location under Section 81.0891(d)(2), a notification
of detention after transporting an individual to that facility or
location under Section 81.0891.
(b) The notification of detention must contain:
(1) a statement that the officer has reason to believe
and does believe that:
(A) the individual is the subject of a
communicable disease control order under Section 81.083 in response
to a communicable disease described by Section 81.0891(a)(1);
(B) the individual, or the individual's parent,
legal guardian, or managing conservator if the individual is a
minor, is not complying with or does not intend to comply with the
control order;
(C) the individual evidences a substantial risk
of serious harm to others; and
(D) the risk of harm is imminent unless the
person is immediately detained;
(2) a statement that the officer's beliefs are based on
specific recent behavior, overt acts, attempts, statements, or
threats that were observed by or reliably reported to the officer;
and
(3) a detailed description of the specific behavior,
overt acts, attempts, statements, or threats and, if applicable,
the name of the person who reported or observed the behavior, acts,
attempts, statements, or threats.
(c) If the individual is detained at a health facility under
Section 81.0891(d)(1), the facility in which the individual is
detained shall include in the detained individual's file the
notification of detention described by this section.
(d) The peace officer shall give the notification of
detention on the following form:
Notification--Communicable Disease Emergency Detention
NO. ____________________
DATE:_______________TIME:_______________
THE STATE OF TEXAS
FOR THE BEST INTEREST AND PROTECTION OF:
______________________________________
NOTIFICATION OF COMMUNICABLE DISEASE EMERGENCY DETENTION
Now comes _____________________________, a peace officer with
(name of agency) _____________________________, of the State of
Texas, and states as follows:
1. I have reason to believe and do believe that (name of individual
to be detained) __________________________ is the subject of a
control order under Section 81.083, Health and Safety Code, issued
in response to a communicable disease determined by the
commissioner of state health services to pose a serious and
imminent risk to health and safety.
2. I have reason to believe and do believe that the above-named
individual (or, if applicable, the minor individual's parent, legal
guardian, or managing conservator) is not complying with or does
not intend to comply with the control order based on the following:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
3. I have reason to believe and do believe that the above-named
individual evidences a substantial risk of serious harm to others
based on the following:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
4. I have reason to believe and do believe that the risk of harm is
imminent unless the above-named individual is immediately
detained.
5. My beliefs are based on the following recent behavior, overt
acts, attempts, statements, or threats observed by me or reliably
reported to me:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
6. The names and addresses of those persons who reported or
observed recent behavior, overt acts, attempts, statements, or
threats of the above-named person are (if applicable):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
For the above reasons, I present this notification to (name of
health facility or local health authority or department)
_________________________ for the detention of (name of individual
to be detained) __________________________.
7. Was the individual restrained in any way? Yes □ No □
_________________________BADGE NO. _____________________
PEACE OFFICER'S SIGNATURE
Address: _________________________ Zip Code: ____________________
Telephone: ______________________
(e) A health facility, local health authority, or the
department may not require a peace officer to execute any form other
than the form provided by Subsection (d) as a condition of accepting
for temporary admission an individual detained under Section
81.0891.
Sec. 81.0893. ACCEPTANCE OF PERSON. A health facility
shall temporarily accept an individual for whom a peace officer
files a notification of detention under Section 81.0892(a).
Sec. 81.0894. RELEASE FROM DETENTION. (a) An individual
detained under Section 81.0891 may be detained in custody for not
longer than 48 hours after the time the individual is presented to
the health facility or location unless a written order for further
custody or detention is obtained under Subchapter G.
(b) If the 48-hour period ends on a Saturday, Sunday, legal
holiday, or before 4 p.m. on the first succeeding business day, the
individual may be detained until 4 p.m. on the first succeeding
business day. If the 48-hour period ends at a different time, the
individual may be detained only until 4 p.m. on the day the 48-hour
period ends.
(c) If extremely hazardous weather conditions exist or a
disaster occurs, the presiding judge or magistrate may, by written
order made each day, extend by an additional 24 hours the period
during which the individual may be detained. The written order must
declare that an emergency exists because of the weather or the
occurrence of a disaster.
Sec. 81.0895. RIGHTS OF INDIVIDUALS DETAINED. (a) An
individual subject to emergency detention under Section 81.0891 has
the right:
(1) to be advised of the location of detention, the
reasons for the detention, and the fact that the detention could
result in a longer period of court-ordered management;
(2) to a reasonable opportunity to communicate with
and retain an attorney;
(3) to be released from a health facility as provided
by Section 81.0894;
(4) to be advised that communications with a health
professional, local health authority, or the department may be used
in proceedings for further detention; and
(5) to a reasonable opportunity to communicate with a
relative or other responsible person who has a proper interest in
the individual's welfare.
(b) An individual detained under Section 81.0891 must:
(1) immediately be informed, orally in simple,
nontechnical terms, of the individual's rights under this section
by the peace officer at the time the peace officer takes the
individual into custody under Section 81.0891; and
(2) not later than 24 hours after the time the
individual is admitted to a health facility or detained in another
location, as applicable, be informed of the rights provided by this
section and this subchapter:
(A) orally in simple, nontechnical terms and in
writing in the person's primary language, if possible; or
(B) through the use of a means reasonably
calculated to communicate with a hearing or visually impaired
individual, if applicable.
(c) The executive commissioner of the Health and Human
Services Commission by rule shall prescribe the manner in which the
individual is informed of the individual's rights under this
subchapter.
SECTION 23. The heading to Subchapter G, Chapter 81, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER G. COURT ORDERS FOR MANAGEMENT OF PERSONS WHO ARE
INFECTED WITH, EXPOSED TO, OR CARRIERS OF COMMUNICABLE DISEASES
SECTION 24. Section 81.151(e), Health and Safety Code, is
amended to read as follows:
(e) A single application may be filed for a group if:
(1) the department or health authority reasonably
suspects that a group of five or more persons are infected with,
have been [has been] exposed to, or are carriers of [infected with]
a communicable disease; and
(2) each person in the group meets the criteria of this
chapter for court orders for the management of a person who is
infected with, has been exposed to, or is a carrier of a
communicable disease.
SECTION 25. Section 81.1511, Health and Safety Code, is
amended to read as follows:
Sec. 81.1511. APPLICABILITY OF SUBCHAPTER TO GROUP. To the
extent possible, and except as otherwise provided, if a group
application is filed under Section 81.151(e), the provisions of
this subchapter apply to the group in the same manner as they apply
to an individual, except that:
(1) except as provided by Subdivision (2), any
statement or determination regarding the condition [conduct] or
status of a person must be made in regard to the majority of the
members of the group;
(2) any finding or statement related to compliance
with orders under Section 81.083 must be made for the entire group;
(3) any notice required to be provided to a person
must:
(A) in addition to being sent to each individual
in the group for whom the department or health authority has an
address, be published in a newspaper of general circulation in the
county that includes the area of the suspected contamination and
any other county in which the department or health authority
suspects a member of the group resides;
(B) state that the group is appointed an attorney
but that a member of the group is entitled to the member's own
attorney on request; and
(C) include instructions for any person who
reasonably suspects that the person was at the place of the
suspected exposure at the time of the suspected exposure to provide
the person's name, address, and county of residence to the
department or health authority; and
(4) an affidavit of medical evaluation for the group
may be based on evaluation of one or more members of the group if the
physician reasonably believes that the condition of the individual
or individuals represents the condition of the majority of the
members of the group.
SECTION 26. Section 81.152, Health and Safety Code, is
amended to read as follows:
Sec. 81.152. FORM OF APPLICATION. (a) An application for
a court order for the management of a person who is infected with,
has been exposed to, or is a carrier of a communicable disease must
be styled using the person's initials and not the person's full
name.
(b) The application must state whether the application is
for temporary or extended management of a person who is infected
with, has been exposed to, or is a carrier of a communicable
disease.
(c) Any application must contain the following information
according to the applicant's information and belief:
(1) the person's name and address;
(2) the person's county of residence in this state;
(3) a statement that the person is infected with, has
been exposed to, or is the carrier of or is reasonably suspected of
being infected with, having been exposed to, or being the carrier of
a communicable disease that presents a threat to public health and
that the person meets the criteria of this chapter for court orders
for the management of a person with a communicable disease; and
(4) a statement, to be included only in an application
for inpatient treatment, that the person fails or refuses to comply
with written orders of the department or health authority under
Section 81.083, if applicable.
(d) A group application must contain the following
information according to the applicant's information and belief:
(1) a description of the group and the location where
the members of the group may be found;
(2) a narrative of how the members of the group have
become infected with, were [has been] exposed to, or became
carriers of the communicable disease [infected];
(3) an estimate of how many persons are included in the
group;
(4) to the extent known, a list containing the name,
address, and county of residence in this state of each member of the
group;
(5) if the applicant is unable to obtain the name and
address of each member of the group:
(A) a statement that the applicant has sought
each of the unknown names and addresses; and
(B) the reason that the names and addresses are
unavailable; and
(6) a statement, to be included only in an application
for inpatient treatment, that the members of the group fail or
refuse to comply with written orders of the department or health
authority under Section 81.083, if applicable.
SECTION 27. Section 81.153(a), Health and Safety Code, is
amended to read as follows:
(a) The judge shall appoint an attorney to represent a
person not later than the 24th hour after the time an application
for a court order for the management of a person who is infected
with, has been exposed to, or is the carrier of a communicable
disease is filed if the person does not have an attorney. The judge
shall also appoint a language or sign interpreter if necessary to
ensure effective communication with the attorney in the person's
primary language.
SECTION 28. Section 81.158(a), Health and Safety Code, is
amended to read as follows:
(a) An affidavit of medical evaluation must be dated and
signed by the commissioner or the commissioner's designee, or by a
health authority with the concurrence of the commissioner or the
commissioner's designee. The certificate must include:
(1) the name and address of the examining physician,
if applicable;
(2) the name and address of the person examined or to
be examined;
(3) the date and place of the examination, if
applicable;
(4) a brief diagnosis of the examined person's
physical and mental condition, if applicable;
(5) the period, if any, during which the examined
person has been under the care of the examining physician;
(6) an accurate description of the health treatment,
if any, given by or administered under the direction of the
examining physician; and
(7) the opinion of the health authority or department
and the reason for that opinion, including laboratory reports,
that:
(A) the examined person is infected with, has
been exposed to, or is the carrier of or is reasonably suspected of
being infected with, having been exposed to, or being the carrier of
a communicable disease that presents a threat to public health; and
(B) as a result of that communicable disease the
examined person:
(i) is likely to cause serious harm to self
[himself]; or
(ii) will, if not examined, observed, or
treated, continue to endanger public health.
SECTION 29. Section 81.159(a), Health and Safety Code, as
amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2015, is amended to read as follows:
(a) The commissioner shall designate health care facilities
throughout the state that are capable of providing services for the
examination, observation, isolation, or treatment of persons
having or suspected of being infected with, having been exposed to,
or being a carrier of [having] a communicable disease. However, the
commissioner may not designate:
(1) a nursing facility or custodial care home required
to be licensed under Chapter 242; or
(2) an ICF-IID required to be licensed under Chapter
252.
SECTION 30. Sections 81.161(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) A motion for an order of protective custody may be filed
only in the court in which an application for a court order for the
management of a person who is infected with, has been exposed to, or
is the carrier of a communicable disease is pending.
(c) The motion must state that:
(1) the department or health authority has reason to
believe and does believe that the person meets the criteria
authorizing the court to order protective custody; and
(2) the belief is derived from:
(A) the representations of a credible person;
(B) the condition [conduct] of the person who is
the subject of the motion; or
(C) the circumstances under which the person is
found.
SECTION 31. Sections 81.162(a) and (f), Health and Safety
Code, are amended to read as follows:
(a) The judge or designated magistrate may issue a
protective custody order if the judge or magistrate determines:
(1) that the health authority or department has stated
its opinion and the detailed basis for its opinion that the person
is infected with, has been exposed to, or is the carrier of or is
reasonably suspected of being infected with, having been exposed
to, or being the carrier of a communicable disease that presents an
immediate threat to the public health; and
(2) that the person fails or refuses to comply with the
written orders of the health authority or the department under
Section 81.083, if applicable.
(f) Notwithstanding Section 81.161 or Subsection (c), a
judge or magistrate may issue a temporary protective custody order
before the filing of an application for a court order for the
management of a person who is infected with, has been exposed to, or
is a carrier of a communicable disease under Section 81.151 if:
(1) the judge or magistrate takes testimony that an
application under Section 81.151, together with a motion for
protective custody under Section 81.161, will be filed with the
court on the next business day; and
(2) the judge or magistrate determines based on
evidence taken under Subsection (d) that there is probable cause to
believe that the person presents a substantial risk of serious harm
to self [himself] or others to the extent that the person cannot be
at liberty pending the filing of the application and motion.
SECTION 32. Section 81.165(a), Health and Safety Code, is
amended to read as follows:
(a) A hearing must be held to determine if:
(1) there is probable cause to believe that a person
under a protective custody order presents a substantial risk of
serious harm to the person [himself] or others to the extent that
the person cannot be at liberty pending the hearing on a court order
for the management of a person with a communicable disease; and
(2) the health authority or department has stated its
opinion and the detailed basis for its opinion that the person is
infected with, has been exposed to, or is the carrier of or is
reasonably suspected of being infected with, having been exposed
to, or being the carrier of a communicable disease that presents an
immediate threat to public health.
SECTION 33. Section 81.166(d), Health and Safety Code, as
amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
2015, is amended to read as follows:
(d) The notification of probable cause hearing shall read as
follows:
(Style of Case)
NOTIFICATION OF PROBABLE CAUSE HEARING
On this the _____ day of _________________, 20__, the
undersigned hearing officer heard evidence concerning the need for
protective custody of ___________ (hereinafter referred to as
proposed patient). The proposed patient was given the opportunity
to challenge the allegations that the proposed patient presents a
substantial risk of serious harm to self or others.
The proposed patient and the proposed patient's attorney
_________________________ have been given written notice that the
proposed patient was placed under an order of protective custody
and the reasons for such order on ___________ (date of notice).
I have examined the affidavit of medical evaluation and
________________ (other evidence considered). Based on this
evidence, I find that there is probable cause to believe that the
proposed patient presents a substantial risk of serious harm to
self (yes ____ or no ____) or others (yes ____ or no ____) such that
the proposed patient cannot be at liberty pending final hearing
because the proposed patient is infected with, has been exposed to,
or is the carrier of or is reasonably suspected of being infected
with, having been exposed to, or being the carrier of a communicable
disease that presents an immediate threat to the public health and
the proposed patient has failed or refused to comply with the orders
of the health authority or the Department of State Health Services
delivered on __________ (date of service) ____________.
SECTION 34. Section 81.167(a), Health and Safety Code, is
amended to read as follows:
(a) The head of a facility or the facility head's designee
shall detain a person under a protective custody order in the
facility pending a court order for the management of a person who is
infected with, has been exposed to, or is a carrier of a
communicable disease or until the person is released or discharged
under Section 81.168.
SECTION 35. Section 81.168(c), Health and Safety Code, is
amended to read as follows:
(c) The head of a facility shall discharge a person held
under a protective custody order if:
(1) the head of the facility does not receive notice
within 72 hours after detention begins, excluding Saturdays,
Sundays, legal holidays, the period prescribed by Section 81.165(b)
for an extreme weather emergency, and the duration of a public
health disaster, that a probable cause hearing was held and the
person's continued detention was authorized;
(2) a final court order for the management of a person
who is infected with, has been exposed to, or is a carrier of a
communicable disease has not been entered within the time
prescribed by Section 81.154; or
(3) the health authority or commissioner determines
that the person no longer meets the criteria for protective custody
prescribed by Section 81.162.
SECTION 36. Section 81.169(a), Health and Safety Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), the judge may hold
a hearing on an application for a court order for the management of
a person who is infected with, has been exposed to, or is a carrier
of a communicable disease at any suitable location in the county.
The hearing should be held in a physical setting that is not likely
to have a harmful effect on the public or the person.
SECTION 37. Section 81.170(f), Health and Safety Code, is
amended to read as follows:
(f) The jury shall determine if the person is infected with,
has been exposed to, or is the carrier of or is reasonably suspected
of being infected with, having been exposed to, or being the carrier
of a communicable disease that presents a threat to the public
health and, if the application is for inpatient treatment, has
refused or failed to follow the orders of the health authority. The
jury may not make a finding about the type of services to be
provided to the person.
SECTION 38. Section 81.171(a), Health and Safety Code, is
amended to read as follows:
(a) The court shall enter an order denying an application
for a court order for temporary or extended management if after a
hearing the judge or jury fails to find, from clear and convincing
evidence, that the person:
(1) is infected with, has been exposed to, or is the
carrier of or is reasonably suspected of being infected with,
having been exposed to, or being the carrier of a communicable
disease that presents a threat to the public health;
(2) has refused or failed to follow the orders of the
health authority if the application is for inpatient treatment; and
(3) meets the applicable criteria for orders for the
management of a person who is infected with, has been exposed to, or
is a carrier of a communicable disease.
SECTION 39. Section 81.172(a), Health and Safety Code, is
amended to read as follows:
(a) The judge or jury may determine that a person requires
court-ordered examination, observation, isolation, or treatment
only if the judge or jury finds, from clear and convincing evidence,
that:
(1) the person is infected with, has been exposed to,
or is the carrier of or is reasonably suspected of being infected
with, having been exposed to, or being the carrier of a communicable
disease that presents a threat to the public health and, if the
application is for inpatient treatment, has failed or refused to
follow the orders of the health authority or department; and
(2) as a result of the communicable disease the
person:
(A) is likely to cause serious harm to self
[himself]; or
(B) will, if not examined, observed, isolated, or
treated, continue to endanger public health.
SECTION 40. Section 81.174(a), Health and Safety Code, is
amended to read as follows:
(a) The judge shall dismiss the jury, if any, after a
hearing in which a person is found:
(1) to be infected with, to have been exposed to, or to
be the carrier of or to be reasonably suspected of being infected
with, having been exposed to, or being a carrier of a communicable
disease;
(2) to have failed or refused to follow the orders of a
health authority or the department if the application is for
inpatient treatment; and
(3) to meet the criteria for orders for the management
of a patient who is infected with, has been exposed to, or is a
carrier of a communicable disease.
SECTION 41. Section 81.176, Health and Safety Code, is
amended to read as follows:
Sec. 81.176. DESIGNATION OF FACILITY. In a court order for
the temporary or extended management of a person who is infected
with, has been exposed to, or is a carrier of a communicable disease
specifying inpatient care, the court shall commit the person to a
health care facility designated by the commissioner or a health
authority in accordance with Section 81.159.
SECTION 42. Section 81.183(b), Health and Safety Code, is
amended to read as follows:
(b) The court shall appoint an attorney to represent the
person if a hearing is scheduled. The person shall be given notice
of the matters to be considered at the hearing. The notice must
comply with the requirements of Section 81.155 for notice before a
hearing on an application for court orders for the management of a
person who is infected with, has been exposed to, or is a carrier of
a communicable disease.
SECTION 43. Section 81.186(a), Health and Safety Code, is
amended to read as follows:
(a) The court may modify an order for outpatient services at
the modification hearing if the court determines that the person
continues to meet the applicable criteria for court orders for the
management of a person who is infected with, has been exposed to, or
is a carrier of a communicable disease and that:
(1) the person has not complied with the court's order;
or
(2) the person's condition has deteriorated to the
extent that outpatient services are no longer appropriate.
SECTION 44. Section 81.188(a), Health and Safety Code, is
amended to read as follows:
(a) The court may set aside an order for the management of a
person who is infected with, has been exposed to, or is a carrier of
a communicable disease and grant a motion for rehearing for good
cause shown.
SECTION 45. Section 81.190(d), Health and Safety Code, is
amended to read as follows:
(d) The hearing is held before the court and without a jury.
The hearing must be held in accordance with the requirements for a
hearing on an application for a court order for the management of a
person who is infected with, has been exposed to, or is a carrier of
a communicable disease.
SECTION 46. Section 81.191(a), Health and Safety Code, is
amended to read as follows:
(a) An appeal from an order for the management of a person
who is infected with, has been exposed to, or is a carrier of a
communicable disease, or from a renewal or modification of an
order, must be filed in the court of appeals for the county in which
the order is entered.
SECTION 47. Section 81.193(a), Health and Safety Code, is
amended to read as follows:
(a) The head of a facility may permit a person admitted to
the facility under order for extended inpatient management of a
person who is infected with, has been exposed to, or is a carrier of
a communicable disease to leave the facility under a pass.
SECTION 48. Chapter 81, Health and Safety Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. STATEWIDE INFECTIOUS DISEASE CONTROL MEASURES;
PREPARATION
Sec. 81.401. PERSONAL PROTECTIVE EQUIPMENT. (a) In this
section, "personal protective equipment" means specialized
clothing or equipment worn for protection against infectious
materials.
(b) The department shall establish a stockpile, or regional
stockpiles, of personal protective equipment to support responses
to infectious disease emergencies in the state, if funds are
appropriated for the purposes of this section.
SECTION 49. Effective September 1, 2015, Section 1001.201,
Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts
of the 83rd Legislature, Regular Session, 2013, is amended by
adding Subdivisions (4) and (5) to read as follows:
(4) "School district employee" means a person employed
by a school district who regularly interacts with students through
the course of the person's duties, including an educator, a
secretary, a school bus driver, or a cafeteria worker.
(5) "School resource officer" has the meaning assigned
by Section 1701.601, Occupations Code.
SECTION 50. Effective September 1, 2015, Subchapter H,
Chapter 1001, Health and Safety Code, as added by Chapter 1306 (H.B.
3793), Acts of the 83rd Legislature, Regular Session, 2013, is
amended by adding Section 1001.2015 to read as follows:
Sec. 1001.2015. LIMITATION ON GRANTS. For each state
fiscal year, the department may give to a local mental health
authority in the form of grants under Sections 1001.202 and
1001.203 an amount that may not exceed the lesser of:
(1) three percent of the total amount appropriated to
the department for making grants under those sections; or
(2) $70,000.
SECTION 51. Effective September 1, 2015, Section
1001.202(b), Health and Safety Code, as added by Chapter 1306 (H.B.
3793), Acts of the 83rd Legislature, Regular Session, 2013, is
amended to read as follows:
(b) The [Except as provided by Subsection (c), the]
department shall make each grant to a local mental health authority
under this section in an amount equal to $1,000 times the number of
employees or contractors of the authority whose training as mental
health first aid trainers will be paid by the grant.
SECTION 52. Effective September 1, 2015, Sections
1001.203(a) and (c), Health and Safety Code, as added by Chapter
1306 (H.B. 3793), Acts of the 83rd Legislature, Regular Session,
2013, are amended to read as follows:
(a) To the extent funds are appropriated to the department
for that purpose, the department shall make grants to local mental
health authorities to provide an approved mental health first aid
training program, administered by mental health first aid trainers,
at no cost to school district employees and school resource
officers [educators].
(c) The [Subject to the limit provided by Subsection (b),
out of the funds appropriated to the department for making grants
under this section, the] department shall grant $100 to a local
mental health authority for each school district employee or school
resource officer [educator] who successfully completes a mental
health first aid training program provided by the authority under
this section.
SECTION 53. Effective September 1, 2015, Subchapter H,
Chapter 1001, Health and Safety Code, as added by Chapter 1306 (H.B.
3793), Acts of the 83rd Legislature, Regular Session, 2013, is
amended by adding Section 1001.2031 to read as follows:
Sec. 1001.2031. SUPPLEMENTAL GRANTS FOR TRAINING CERTAIN
EDUCATORS IN MENTAL HEALTH FIRST AID. For each state fiscal year,
the department may allocate any unobligated money appropriated for
making grants under Sections 1001.202 and 1001.203 for supplemental
grants. The department may give a supplemental grant to a local
mental health authority that submits to the department a revised
plan as provided under Section 1001.204 that demonstrates how the
additional grant money would be used if made available to the
authority.
SECTION 54. Effective September 1, 2015, Section
1001.204(a), Health and Safety Code, as added by Chapter 1306 (H.B.
3793), Acts of the 83rd Legislature, Regular Session, 2013, is
amended to read as follows:
(a) Not later than July [October] 1 of each state fiscal
year for which a local mental health authority will seek a grant
from the department under Section 1001.203, the authority shall
submit to the department a plan demonstrating the manner in which
grants made to the authority under that section will be used:
(1) to train individuals in mental health first aid
throughout the authority's local service area to maximize the
number of children who have direct contact with an individual who
has successfully completed a mental health first aid training
program provided by the authority;
(2) to meet the greatest needs of the authority's local
service area, as identified by the authority; and
(3) to complement existing resources and not duplicate
established mental health first aid training efforts.
SECTION 55. Effective September 1, 2015, Section 1001.205,
Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts
of the 83rd Legislature, Regular Session, 2013, is amended to read
as follows:
Sec. 1001.205. REPORTS. (a) Not later than September 30
[July 1] of each year, a local mental health authority shall provide
to the department the number of:
(1) employees and contractors of the authority who
were trained as mental health first aid trainers under Section
1001.202 during the preceding fiscal year;
(2) educators, school district employees other than
educators, and school resource officers who completed a mental
health first aid training program offered by the authority under
Section 1001.203 during the preceding fiscal [calendar] year; and
(3) individuals who are not school district employees
or school resource officers [educators] who completed a mental
health first aid training program offered by the authority during
the preceding fiscal [calendar] year.
(b) Not later than December 1 [August 1] of each year, the
department shall compile the information submitted by local mental
health authorities as required by Subsection (a) and submit a
report to the legislature containing the number of:
(1) authority employees and contractors trained as
mental health first aid trainers during the preceding fiscal year;
(2) educators, school district employees other than
educators, and school resource officers who completed a mental
health first aid training program provided by an authority during
the preceding fiscal [calendar] year; and
(3) individuals who are not school district employees
or school resource officers [educators] who completed a mental
health first aid training program provided by an authority during
the preceding fiscal [calendar] year.
SECTION 56. Effective January 1, 2016, Section 11.1825, Tax
Code, is amended by amending Subsections (s) and (v) and adding
Subsection (z) to read as follows:
(s) Unless otherwise provided by the governing body of a
taxing unit any part of which is located in a county with a
population of at least 1.8 million under Subsection (x) or as
provided by Subsection (z), for property described by Subsection
(f)(1), the amount of the exemption under this section from
taxation is 50 percent of the appraised value of the property.
(v) Except as provided by Subsection (z), notwithstanding
[Notwithstanding] any other provision of this section, an
organization may not receive an exemption from taxation of property
described by Subsection (f)(1) by a taxing unit any part of which is
located in a county with a population of at least 1.8 million unless
the exemption is approved by the governing body of the taxing unit
in the manner provided by law for official action.
(z) Notwithstanding any other provision of this section, an
owner of real property described by Subsection (f)(1) or (2) is
entitled to an exemption under this section from taxation of 100
percent of the appraised value of the property regardless of
whether the owner meets the requirements of Subsection (b) or of
Subsections (c) and (d) if:
(1) the owner is exempt from federal income taxation
under Section 501(a), Internal Revenue Code of 1986, as amended, by
being listed as an exempt entity under Section 501(c)(3) of that
code and the owner otherwise qualifies for an exemption for the
property under this section;
(2) the property was previously owned by a local
government corporation created by a municipality under Chapter 431,
Transportation Code, or Chapter 394, Local Government Code, or a
predecessor statute for purposes that include promoting,
developing, encouraging, and maintaining affordable housing in a
tax increment financing reinvestment zone created by the
municipality under Chapter 311, Tax Code; and
(3) the property is located in a county with a
population of at least four million.
SECTION 57. (a) In this section, "task force" means the Task
Force to Study Population Growth in Texas established under this
section.
(b) The Task Force to Study Population Growth in Texas is
established for the purposes of assessing the effects of population
growth on counties in this state relating to:
(1) housing;
(2) businesses;
(3) available land resources;
(4) the state's economy;
(5) health care services; and
(6) county jails.
(c) The task force is composed of the following nine
members:
(1) three state or local officials appointed by the
governor;
(2) three state or local officials appointed by the
lieutenant governor; and
(3) three state or local officials appointed by the
speaker of the house of representatives.
(d) The members of the task force shall elect a presiding
officer from among the membership.
(e) The offices of the governor, lieutenant governor, and
speaker of the house of representatives shall provide staff support
to the task force.
(f) The task force shall hold public hearings to achieve the
purposes described by Subsection (b) of this section.
(g) A member of the task force is not entitled to receive
compensation for service on the task force but is entitled to
reimbursement of the travel expenses incurred by the member while
conducting the business of the task force.
(h) The task force may accept gifts and grants from any
source to be used to carry out a function of the task force.
(i) Not later than November 1, 2016, the task force shall
submit a final report to the governor, the lieutenant governor, the
speaker of the house of representatives, and the appropriate
standing committees of the legislature. The report shall include a
summary and analysis of:
(1) hearings and studies conducted by the task force;
(2) legislation proposed by the task force; and
(3) other findings and recommendations made by the
task force.
(j) Not later than December 1, 2015, the governor, the
lieutenant governor, and the speaker of the house of
representatives shall make the appointments to the task force as
described under Subsection (c) of this section.
(k) The task force is abolished and this section expires
August 31, 2017.
SECTION 58. The changes in law made by this Act in amending
Chapter 55, Code of Criminal Procedure, and in amending Section
124.001(b), Government Code, apply to the expunction of arrest
records and files for an arrested person who successfully completes
a veterans treatment court program under Chapter 124, Government
Code, or former law, before, on, or after September 1, 2015,
regardless of when the underlying arrest occurred.
SECTION 59. For a person who is arrested for a Class B or
Class C misdemeanor and who is entitled to expunction under Article
55.01(a)(2)(A)(ii)(a), Code of Criminal Procedure, as added by this
Act, based on a successful completion of a veterans treatment court
program under Chapter 124, Government Code, or former law, before
the effective date of this Act, notwithstanding the 30-day time
limit provided for the court to enter an automatic order of
expunction under Section 1a(a-1), Article 55.02, Code of Criminal
Procedure, as added by this Act, the court shall enter an order of
expunction for the person as soon as practicable after the court
receives written notice from any party to the case about the
person's entitlement to the expunction.
SECTION 60. The change in law made by this Act by adding
Sections 124.001(c) and (d), Government Code, and amending Section
124.002, Government Code, applies to a person who, on or after
September 1, 2015, enters a veterans treatment court program under
Chapter 124, Government Code, regardless of whether the person
committed the offense for which the person enters the program
before, on, or after the effective date of this Act.
SECTION 61. The change in law made by this Act in adding
Section 124.006, Government Code, applies to a person who, on or
after September 1, 2015, is under the supervision of a veterans
treatment court program.
SECTION 62. Section 11.1825, Tax Code, as amended by this
Act, applies only to ad valorem taxes imposed for a tax year
beginning on or after January 1, 2016.
SECTION 63. Effective September 1, 2015, the following are
repealed:
(1) Section 21.044(c-2), Education Code;
(2) Section 1001.202(c), Health and Safety Code, as
added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature,
Regular Session, 2013;
(3) Section 1001.203(b), Health and Safety Code, as
added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature,
Regular Session, 2013; and
(4) Section 250.006(b), Local Government Code.
SECTION 64. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 65. Except as otherwise provided by this Act, this
Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the
vote necessary for immediate effect, this Act takes effect
September 1, 2015.
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