Texas 2015 - 84th Regular

Texas Senate Bill SB355 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R5076 SCL-D
2	2	By: Nelson S.B. No. 355
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to control measures for an individual exposed to a
8	8	communicable disease.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 81.083(e) and (m), Health and Safety
11	11	Code, are amended to read as follows:
12	12	(e) An individual may be subject to detention under Section
13	13	81.0891 and court orders under Subchapter G if the individual is
14	14	infected or is reasonably suspected of being exposed to or infected
15	15	with a communicable disease that presents an immediate threat to
16	16	the public health and:
17	17	(1) the individual, or the individual's parent, legal
18	18	guardian, or managing conservator if the individual is a minor,
19	19	does not comply with the written orders of the department or a
20	20	health authority under this section; or
21	21	(2) a public health disaster exists, regardless of
22	22	whether the department or health authority has issued a written
23	23	order and the individual has indicated that the individual will not
24	24	voluntarily comply with control measures.
25	25	(m) A peace officer, including a sheriff or constable, may
26	26	use reasonable force to:
27	27	(1) secure an individual subject to an order issued
28	28	under Subsection (b) or the members of a group subject to an order
29	29	issued under Subsection (k); and
30	30	(2) except as directed by the department or health
31	31	authority, prevent:
32	32	(A) an individual subject to an order issued
33	33	under this section from leaving a facility or location designated
34	34	in the order; or
35	35	(B) the members of a group subject to an order
36	36	issued under Subsection (k) from leaving the group or other
37	37	individuals from joining the group.
38	38	SECTION 2. Subchapter E, Chapter 81, Health and Safety
39	39	Code, is amended by adding Sections 81.0891, 81.0892, 81.0893,
40	40	81.0894, and 81.0895 to read as follows:
41	41	Sec. 81.0891. APPREHENSION BY PEACE OFFICER WITHOUT
42	42	WARRANT. (a) A peace officer, without a warrant, may take an
43	43	individual who is the subject of a control order issued under
44	44	Section 81.083 into custody if the officer has reason to believe and
45	45	does believe that:
46	46	(1) the individual, or for a minor individual the
47	47	individual's parent, legal guardian, or managing conservator, is
48	48	not complying with the written orders of the department or a health
49	49	authority under Section 81.083;
50	50	(2) the individual has or has been exposed to a
51	51	communicable disease; and
52	52	(3) as a result of that communicable disease, there is
53	53	a substantial risk of serious harm to others unless the individual
54	54	is immediately detained.
55	55	(b) A substantial risk of serious harm to others under
56	56	Subsection (a)(3) may be demonstrated by:
57	57	(1) the individual's violation of a control order
58	58	issued under Section 81.083, including a failure to remain at a
59	59	facility or location designated in the order;
60	60	(2) evidence of illness and deterioration of the
61	61	individual's physical condition to the extent that the individual
62	62	cannot remain at liberty; or
63	63	(3) information provided to the peace officer by the
64	64	department or a health authority that issued a control order under
65	65	Section 81.083.
66	66	(c) A peace officer may form the belief that an individual
67	67	meets the criteria described by Subsection (a):
68	68	(1) on information and belief from a credible person,
69	69	including the department or a health authority that issued a
70	70	control order under Section 81.083;
71	71	(2) through observation of the individual's conduct;
72	72	or
73	73	(3) by the circumstances under which the individual is
74	74	apprehended.
75	75	(d) A peace officer who takes an individual into custody
76	76	under Subsection (a) shall immediately transport the individual to:
77	77	(1) the nearest appropriate health facility; or
78	78	(2) a location considered suitable by the department
79	79	or health authority that issued a control order under Section
80	80	81.083.
81	81	(e) A nonmedical facility used to detain individuals who are
82	82	charged with or convicted of a crime may be considered suitable
83	83	under Subsection (d)(2) only if no other appropriate facility is
84	84	available. If an individual is detained in a jail or a similar
85	85	detention facility under this subsection, the detained individual
86	86	must be isolated from any individual who is charged with or
87	87	convicted of a crime. The department or a health authority that
88	88	issued a control order under Section 81.083 shall ensure that
89	89	proper isolation methods are used and medical care is made
90	90	available to the individual.
91	91	(f) A peace officer who takes an individual into custody
92	92	under Subsection (a) shall immediately inform the individual orally
93	93	in simple, nontechnical terms:
94	94	(1) of the reason for the detention; and
95	95	(2) that not later than the 24th hour after the time
96	96	the person is apprehended under this section, the individual will
97	97	be informed of the individual's rights under Section 81.0895 by a
98	98	staff member of:
99	99	(A) the health facility where the individual is
100	100	detained; or
101	101	(B) the department or a health authority that
102	102	issued a control order under Section 81.083 for an individual
103	103	detained at a location designated by the department or health
104	104	authority.
105	105	Sec. 81.0892. PEACE OFFICER'S NOTIFICATION OF DETENTION.
106	106	(a) After transporting an individual to a facility or location, a
107	107	peace officer shall immediately file a notification of detention
108	108	described by this section with:
109	109	(1) a health facility and the department or health
110	110	authority that issued a control order under Section 81.083 for an
111	111	individual detained in the health facility; or
112	112	(2) the department or health authority that issued a
113	113	control order under Section 81.083 for an individual detained in a
114	114	location designated by the department or health authority.
115	115	(b) The notification of detention must contain:
116	116	(1) a statement that the peace officer has reason to
117	117	believe and does believe that the individual is the subject of a
118	118	control order under Section 81.083;
119	119	(2) a statement that the peace officer has reason to
120	120	believe and does believe that the individual poses a substantial
121	121	risk of serious harm to others;
122	122	(3) a specific description of the risk of harm;
123	123	(4) a statement that the peace officer has reason to
124	124	believe and does believe that the risk of harm is imminent unless
125	125	the individual is immediately detained;
126	126	(5) a statement that the peace officer's beliefs are
127	127	derived from specific recent behavior, overt acts, attempts,
128	128	statements, or threats that were observed by or reliably reported
129	129	to the officer;
130	130	(6) a detailed description of the specific behavior,
131	131	acts, attempts, statements, or threats; and
132	132	(7) the name of the person who reported or observed the
133	133	behavior, acts, attempts, statements, or threats.
134	134	(c) If an individual is detained at a health facility, the
135	135	facility shall include in the individual's file the notification of
136	136	detention described by this section.
137	137	(d) A peace officer shall give the notification of detention
138	138	described by this section on the following form:
139	139	Notification-Communicable Disease Emergency Detention
140	140	NO. ____________________
141	141	DATE:_______________ TIME:_______________
142	142	THE STATE OF TEXAS
143	143	FOR THE BEST INTEREST AND PROTECTION OF:
144	144	______________________________________
145	145	NOTIFICATION OF COMMUNICABLE DISEASE EMERGENCY DETENTION
146	146	Now comes _____________________________, a peace officer with
147	147	_____________________________ (name of agency), of the State of
148	148	Texas, and states as follows:
149	149	1. I have reason to believe and do believe that
150	150	__________________________ (name of person to be detained) is the
151	151	subject of a control order issued under Section 81.083, Health and
152	152	Safety Code, and has either been exposed to a communicable disease
153	153	or evidences symptoms reasonably believed to be a communicable
154	154	disease.
155	155	2. I have reason to believe and do believe that the above-named
156	156	person evidences a substantial risk of serious harm to others based
157	157	on the following:
158	158	________________________________________________________________
159	159	________________________________________________________________
160	160	________________________________________________________________
161	161	________________________________________________________________
162	162	3. I have reason to believe and do believe that the above risk of
163	163	harm is imminent unless the above-named person is immediately
164	164	detained.
165	165	4. My beliefs are based on the following recent behavior, overt
166	166	acts, attempts, statements, or threats observed by me or reliably
167	167	reported to me:
168	168	________________________________________________________________
169	169	________________________________________________________________
170	170	________________________________________________________________
171	171	________________________________________________________________
172	172	5. The names and addresses of the persons who reported or observed
173	173	recent behavior, acts, attempts, statements, or threats of the
174	174	above-named person are (if applicable):
175	175	________________________________________________________________
176	176	________________________________________________________________
177	177	________________________________________________________________
178	178	________________________________________________________________
179	179	For the above reasons, I present this notification to
180	180	_________________________ (name of facility, health authority, or
181	181	department) for the detention of __________________________ (name
182	182	of person to be detained).
183	183	6. Was the person restrained in any way? Yes □ No □
184	184	_________________________ BADGE NO. _____________________
185	185	PEACE OFFICER'S SIGNATURE
186	186	Address: _________________________ Zip Code:____________________
187	187	Telephone: ______________________
188	188	The Department of State Health Services, a health authority,
189	189	or a health or detention facility may not require a peace officer to
190	190	execute any form other than this form as a requirement to accept for
191	191	temporary admission a person detained under Section 81.0891, Health
192	192	and Safety Code.
193	193	(e) The department, a health authority, a health facility,
194	194	or the owner or person in control of a location designated by the
195	195	department or health authority may not require a peace officer to
196	196	execute any form other than the form provided by Subsection (d) as a
197	197	requirement to accept for temporary admission an individual
198	198	detained under Section 81.0891.
199	199	Sec. 81.0893. ACCEPTANCE OF INDIVIDUAL. A health facility
200	200	or a person who owns or is in control of a location designated by the
201	201	department or health authority that issued a control order under
202	202	Section 81.083 shall accept an individual for whom a peace officer
203	203	files a notification of detention under Section 81.0892 until the
204	204	individual is required to be released under Section 81.0894.
205	205	Sec. 81.0894. RELEASE FROM TEMPORARY DETENTION. (a) An
206	206	individual apprehended under Section 81.0891 may be detained for a
207	207	period not to exceed 48 hours from the time the individual is
208	208	transported to a facility or location required under Section
209	209	81.0891(d) unless a written order for further custody or detention
210	210	is obtained under Subchapter G.
211	211	(b) If the 48-hour period described by Subsection (a) ends
212	212	on a Saturday, Sunday, or legal holiday, the individual may be
213	213	detained until the first succeeding business day. If the 48-hour
214	214	period ends at any other time, the individual may be detained only
215	215	until the day the 48-hour period ends.
216	216	(c) If extremely hazardous weather conditions exist or a
217	217	disaster occurs, the judge or magistrate of a court in which an
218	218	application for a court order for management of the individual is
219	219	filed may, by written order made each day, extend by an additional
220	220	24 hours the period during which the individual may be detained.
221	221	The written order must declare that an emergency exists because of
222	222	the weather or the occurrence of a disaster.
223	223	(d) An individual must be released in the manner provided by
224	224	Section 81.168(b).
225	225	Sec. 81.0895. RIGHTS OF DETAINED INDIVIDUALS. (a) An
226	226	individual apprehended or detained under this chapter has the right
227	227	to:
228	228	(1) be advised of the detention location, of the
229	229	reasons for the detention, and that the detention could result in a
230	230	longer period of court-ordered management;
231	231	(2) a reasonable opportunity to communicate with and
232	232	retain an attorney;
233	233	(3) be released from a facility as provided by Section
234	234	81.0894;
235	235	(4) be advised that communications with the
236	236	department, a health authority, or a health professional may be
237	237	used in proceedings for further detention; and
238	238	(5) a reasonable opportunity to communicate with a
239	239	relative or other responsible individual who has a proper interest
240	240	in the detained individual's welfare.
241	241	(b) Not later than the 24th hour after the time an
242	242	individual is admitted to or detained in a facility or a location
243	243	designated by the department or a health authority that issued a
244	244	control order under Section 81.083, the individual must be informed
245	245	of the rights provided by this subchapter:
246	246	(1) orally in simple, nontechnical terms, and in
247	247	writing that, if possible, is in the individual's primary language;
248	248	or
249	249	(2) through the use of a means reasonably calculated
250	250	to communicate with a hearing or visually impaired person, if
251	251	applicable.
252	252	(c) The executive commissioner of the Health and Human
253	253	Services Commission by rule shall prescribe the manner in which an
254	254	individual is informed of the individual's rights under this
255	255	subchapter.
256	256	SECTION 3. The heading to Subchapter G, Chapter 81, Health
257	257	and Safety Code, is amended to read as follows:
258	258	SUBCHAPTER G. COURT ORDERS FOR MANAGEMENT OF PERSONS EXPOSED TO OR
259	259	INFECTED WITH COMMUNICABLE DISEASES
260	260	SECTION 4. Section 81.151(e), Health and Safety Code, is
261	261	amended to read as follows:
262	262	(e) A single application may be filed for a group if:
263	263	(1) the department or health authority reasonably
264	264	suspects that a group of five or more persons has been exposed to or
265	265	infected with a communicable disease; and
266	266	(2) each person in the group meets the criteria of this
267	267	chapter for court orders for the management of a person exposed to
268	268	or infected with a communicable disease.
269	269	SECTION 5. Sections 81.152(a), (b), and (c), Health and
270	270	Safety Code, are amended to read as follows:
271	271	(a) An application for a court order for the management of a
272	272	person exposed to or infected with a communicable disease must be
273	273	styled using the person's initials and not the person's full name.
274	274	(b) The application must state whether the application is
275	275	for temporary or extended management of a person with or exposed to
276	276	a communicable disease.
277	277	(c) Any application must contain the following information
278	278	according to the applicant's information and belief:
279	279	(1) the person's name and address;
280	280	(2) the person's county of residence in this state;
281	281	(3) a statement that the person is infected with or is
282	282	reasonably suspected of having been exposed to or [being] infected
283	283	with a communicable disease that presents a threat to public health
284	284	and that the person meets the criteria of this chapter for court
285	285	orders for the management of a person with a communicable disease;
286	286	and
287	287	(4) a statement, to be included only in an application
288	288	for inpatient treatment, that the person fails or refuses to comply
289	289	with written orders of the department or health authority under
290	290	Section 81.083, if applicable.
291	291	SECTION 6. Section 81.153(a), Health and Safety Code, is
292	292	amended to read as follows:
293	293	(a) The judge shall appoint an attorney to represent a
294	294	person not later than the 24th hour after the time an application
295	295	for a court order for the management of a person exposed to or
296	296	infected with a communicable disease is filed if the person does not
297	297	have an attorney. The judge shall also appoint a language or sign
298	298	interpreter if necessary to ensure effective communication with the
299	299	attorney in the person's primary language.
300	300	SECTION 7. Section 81.158(a), Health and Safety Code, is
301	301	amended to read as follows:
302	302	(a) An affidavit of medical evaluation must be dated and
303	303	signed by the commissioner or the commissioner's designee, or by a
304	304	health authority with the concurrence of the commissioner or the
305	305	commissioner's designee. The certificate must include:
306	306	(1) the name and address of the examining physician,
307	307	if applicable;
308	308	(2) the name and address of the person examined or to
309	309	be examined;
310	310	(3) the date and place of the examination, if
311	311	applicable;
312	312	(4) a brief diagnosis of the examined person's
313	313	physical and mental condition, if applicable;
314	314	(5) the period, if any, during which the examined
315	315	person has been under the care of the examining physician;
316	316	(6) an accurate description of the health treatment,
317	317	if any, given by or administered under the direction of the
318	318	examining physician; and
319	319	(7) the opinion of the health authority or department
320	320	and the reason for that opinion, including laboratory reports,
321	321	that:
322	322	(A) the examined person is infected with or is
323	323	reasonably suspected of having been exposed to or [being] infected
324	324	with a communicable disease that presents a threat to public
325	325	health; and
326	326	(B) as a result of that communicable disease the
327	327	examined person:
328	328	(i) is likely to cause serious harm to self
329	329	[himself]; or
330	330	(ii) will, if not examined, observed, or
331	331	treated, continue to endanger public health.
332	332	SECTION 8. Section 81.159(a), Health and Safety Code, is
333	333	amended to read as follows:
334	334	(a) The commissioner shall designate health care facilities
335	335	throughout the state that are capable of providing services for the
336	336	examination, observation, isolation, or treatment of persons
337	337	having or suspected of being exposed to or having a communicable
338	338	disease. However, the commissioner may not designate:
339	339	(1) a nursing home or custodial care home required to
340	340	be licensed under Chapter 242; or
341	341	(2) an intermediate care facility for persons with an
342	342	intellectual or developmental disability [the mentally retarded]
343	343	required to be licensed under Chapter 252.
344	344	SECTION 9. Section 81.161(a), Health and Safety Code, is
345	345	amended to read as follows:
346	346	(a) A motion for an order of protective custody may be filed
347	347	only in the court in which an application for a court order for the
348	348	management of a person exposed to or infected with a communicable
349	349	disease is pending.
350	350	SECTION 10. Sections 81.162(a) and (f), Health and Safety
351	351	Code, are amended to read as follows:
352	352	(a) The judge or designated magistrate may issue a
353	353	protective custody order if the judge or magistrate determines:
354	354	(1) that the health authority or department has stated
355	355	its opinion and the detailed basis for its opinion that the person
356	356	is infected with or is reasonably suspected of having been exposed
357	357	to or [being] infected with a communicable disease that presents an
358	358	immediate threat to the public health; and
359	359	(2) that the person fails or refuses to comply with the
360	360	written orders of the health authority or the department under
361	361	Section 81.083, if applicable.
362	362	(f) Notwithstanding Section 81.161 or Subsection (c), a
363	363	judge or magistrate may issue a temporary protective custody order
364	364	before the filing of an application for a court order for the
365	365	management of a person exposed to or infected with a communicable
366	366	disease under Section 81.151 if:
367	367	(1) the judge or magistrate takes testimony that an
368	368	application under Section 81.151, together with a motion for
369	369	protective custody under Section 81.161, will be filed with the
370	370	court on the next business day; and
371	371	(2) the judge or magistrate determines based on
372	372	evidence taken under Subsection (d) that there is probable cause to
373	373	believe that the person presents a substantial risk of serious harm
374	374	to self [himself] or others to the extent that the person cannot be
375	375	at liberty pending the filing of the application and motion.
376	376	SECTION 11. Section 81.165(a), Health and Safety Code, is
377	377	amended to read as follows:
378	378	(a) A hearing must be held to determine if:
379	379	(1) there is probable cause to believe that a person
380	380	under a protective custody order presents a substantial risk of
381	381	serious harm to self [himself] or others to the extent that the
382	382	person cannot be at liberty pending the hearing on a court order for
383	383	the management of a person exposed to or infected with a
384	384	communicable disease; and
385	385	(2) the health authority or department has stated its
386	386	opinion and the detailed basis for its opinion that the person is
387	387	infected with or is reasonably suspected of being exposed to or
388	388	infected with a communicable disease that presents an immediate
389	389	threat to public health.
390	390	SECTION 12. Section 81.166(d), Health and Safety Code, is
391	391	amended to read as follows:
392	392	(d) The notification of probable cause hearing shall read as
393	393	follows:
394	394	(Style of Case)
395	395	NOTIFICATION OF PROBABLE CAUSE HEARING
396	396	On this the _____ day of _________________, 20__ [19__], the
397	397	undersigned hearing officer heard evidence concerning the need for
398	398	protective custody of ___________ (hereinafter referred to as
399	399	proposed patient). The proposed patient was given the opportunity
400	400	to challenge the allegations that (s)he presents a substantial risk
401	401	of serious harm to self or others.
402	402	The proposed patient and his or her attorney
403	403	_________________________ have been given written notice that the
404	404	proposed patient was placed under an order of protective custody
405	405	and the reasons for such order on ___________ (date of notice).
406	406	I have examined the affidavit of medical evaluation and
407	407	________________ (other evidence considered). Based on this
408	408	evidence, I find that there is probable cause to believe that the
409	409	proposed patient presents a substantial risk of serious harm to
410	410	himself or herself (yes ____ or no ____) or others (yes ____ or no
411	411	____) such that (s)he cannot be at liberty pending final hearing
412	412	because (s)he is infected with or is reasonably suspected of being
413	413	exposed to or infected with a communicable disease that presents an
414	414	immediate threat to the public health and (s)he has failed or
415	415	refused to comply with the orders of the health authority or the
416	416	[Texas] Department of State Health Services delivered on __________
417	417	(date of service) ____________.
418	418	SECTION 13. Section 81.167(a), Health and Safety Code, is
419	419	amended to read as follows:
420	420	(a) The head of a facility or the facility head's designee
421	421	shall detain a person under a protective custody order in the
422	422	facility pending a court order for the management of a person
423	423	exposed to or infected with a communicable disease or until the
424	424	person is released or discharged under Section 81.168.
425	425	SECTION 14. Section 81.168(c), Health and Safety Code, is
426	426	amended to read as follows:
427	427	(c) The head of a facility shall discharge a person held
428	428	under a protective custody order if:
429	429	(1) the head of the facility does not receive notice
430	430	within 72 hours after detention begins, excluding Saturdays,
431	431	Sundays, legal holidays, the period prescribed by Section 81.165(b)
432	432	for an extreme weather emergency, and the duration of a public
433	433	health disaster, that a probable cause hearing was held and the
434	434	person's continued detention was authorized;
435	435	(2) a final court order for the management of a person
436	436	exposed to or infected with a communicable disease has not been
437	437	entered within the time prescribed by Section 81.154; or
438	438	(3) the health authority or commissioner determines
439	439	that the person no longer meets the criteria for protective custody
440	440	prescribed by Section 81.162.
441	441	SECTION 15. Section 81.169(a), Health and Safety Code, is
442	442	amended to read as follows:
443	443	(a) Except as provided by Subsection (b), the judge may hold
444	444	a hearing on an application for a court order for the management of
445	445	a person exposed to or infected with a communicable disease at any
446	446	suitable location in the county. The hearing should be held in a
447	447	physical setting that is not likely to have a harmful effect on the
448	448	public or the person.
449	449	SECTION 16. Section 81.170(f), Health and Safety Code, is
450	450	amended to read as follows:
451	451	(f) The jury shall determine if the person is infected with
452	452	or is reasonably suspected of being exposed to or infected with a
453	453	communicable disease that presents a threat to the public health
454	454	and, if the application is for inpatient treatment, has refused or
455	455	failed to follow the orders of the health authority. The jury may
456	456	not make a finding about the type of services to be provided to the
457	457	person.
458	458	SECTION 17. Section 81.171(a), Health and Safety Code, is
459	459	amended to read as follows:
460	460	(a) The court shall enter an order denying an application
461	461	for a court order for temporary or extended management if after a
462	462	hearing the judge or jury fails to find, from clear and convincing
463	463	evidence, that the person:
464	464	(1) is infected with or is reasonably suspected of
465	465	being exposed to or infected with a communicable disease that
466	466	presents a threat to the public health;
467	467	(2) has refused or failed to follow the orders of the
468	468	health authority if the application is for inpatient treatment; and
469	469	(3) meets the applicable criteria for orders for the
470	470	management of a person exposed to or infected with a communicable
471	471	disease.
472	472	SECTION 18. Section 81.172(a), Health and Safety Code, is
473	473	amended to read as follows:
474	474	(a) The judge or jury may determine that a person requires
475	475	court-ordered examination, observation, isolation, or treatment
476	476	only if the judge or jury finds, from clear and convincing evidence,
477	477	that:
478	478	(1) the person is infected with or is reasonably
479	479	suspected of being exposed to or infected with a communicable
480	480	disease that presents a threat to the public health and, if the
481	481	application is for inpatient treatment, has failed or refused to
482	482	follow the orders of the health authority or department; and
483	483	(2) as a result of the communicable disease the
484	484	person:
485	485	(A) is likely to cause serious harm to self
486	486	[himself]; or
487	487	(B) will, if not examined, observed, isolated, or
488	488	treated, continue to endanger public health.
489	489	SECTION 19. Section 81.174(a), Health and Safety Code, is
490	490	amended to read as follows:
491	491	(a) The judge shall dismiss the jury, if any, after a
492	492	hearing in which a person is found:
493	493	(1) to be infected with or reasonably suspected of
494	494	being exposed to or infected with a communicable disease;
495	495	(2) to have failed or refused to follow the orders of a
496	496	health authority or the department if the application is for
497	497	inpatient treatment; and
498	498	(3) to meet the criteria for orders for the management
499	499	of a patient exposed to or infected with a communicable disease.
500	500	SECTION 20. Section 81.176, Health and Safety Code, is
501	501	amended to read as follows:
502	502	Sec. 81.176. DESIGNATION OF FACILITY. In a court order for
503	503	the temporary or extended management of a person exposed to or
504	504	infected with a communicable disease specifying inpatient care, the
505	505	court shall commit the person to a health care facility designated
506	506	by the commissioner or a health authority in accordance with
507	507	Section 81.159.
508	508	SECTION 21. Section 81.183(b), Health and Safety Code, is
509	509	amended to read as follows:
510	510	(b) The court shall appoint an attorney to represent the
511	511	person if a hearing is scheduled. The person shall be given notice
512	512	of the matters to be considered at the hearing. The notice must
513	513	comply with the requirements of Section 81.155 for notice before a
514	514	hearing on an application for court orders for the management of a
515	515	person exposed to or infected with a communicable disease.
516	516	SECTION 22. Section 81.186(a), Health and Safety Code, is
517	517	amended to read as follows:
518	518	(a) The court may modify an order for outpatient services at
519	519	the modification hearing if the court determines that the person
520	520	continues to meet the applicable criteria for court orders for the
521	521	management of a person exposed to or infected with a communicable
522	522	disease and that:
523	523	(1) the person has not complied with the court's order;
524	524	or
525	525	(2) the person's condition has deteriorated to the
526	526	extent that outpatient services are no longer appropriate.
527	527	SECTION 23. Section 81.188(a), Health and Safety Code, is
528	528	amended to read as follows:
529	529	(a) The court may set aside an order for the management of a
530	530	person exposed to or infected with a communicable disease and grant
531	531	a motion for rehearing for good cause shown.
532	532	SECTION 24. Section 81.190(d), Health and Safety Code, is
533	533	amended to read as follows:
534	534	(d) The hearing is held before the court and without a jury.
535	535	The hearing must be held in accordance with the requirements for a
536	536	hearing on an application for a court order for the management of a
537	537	person exposed to or infected with a communicable disease.
538	538	SECTION 25. Section 81.191(a), Health and Safety Code, is
539	539	amended to read as follows:
540	540	(a) An appeal from an order for the management of a person
541	541	exposed to or infected with a communicable disease, or from a
542	542	renewal or modification of an order, must be filed in the court of
543	543	appeals for the county in which the order is entered.
544	544	SECTION 26. Section 81.193(a), Health and Safety Code, is
545	545	amended to read as follows:
546	546	(a) The head of a facility may permit a person admitted to
547	547	the facility under order for extended inpatient management of a
548	548	person exposed to or infected with a communicable disease to leave
549	549	the facility under a pass.
550	550	SECTION 27. This Act takes effect September 1, 2015.