Texas 2017 - 85th Regular

Texas House Bill HB3658 Compare Versions

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

Old	New	Differences
1	1	By: Hinojosa H.B. No. 3658
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to procedures in mental health cases.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 571.013, Health and Safety Code, is
9	9	amended to read as follows:
10	10	Section 571.013. METHOD OF GIVING NOTICE. Except as
11	11	otherwise provided by this subtitle, notice required under this
12	12	subtitle may be given by [a constable or sheriff] delivering a copy
13	13	of the notice or document in person or in another manner directed by
14	14	the court that is reasonably calculated to give actual notice.
15	15	SECTION 1. Section 571.014, Health and Safety Code, is
16	16	amended to read as follows:
17	17	Sec. 571.014. FILING REQUIREMENTS. (a) Each application,
18	18	petition, certificate, or other paper permitted or required to be
19	19	filed in a probate court or court having probate jurisdiction under
20	20	this subtitle must be filed with the county clerk of the proper
21	21	county.
22	22	(b) The county clerk shall file each paper after endorsing
23	23	on it:
24	24	(1) the date on which the paper is filed;
25	25	(2) the docket number; and
26	26	(3) the clerk's official signature.
27	27	(c) A person may [initially] file a paper with the county
28	28	clerk by the use of reproduced, photocopied, or electronically
29	29	transmitted paper [if the person files the original signed copies
30	30	of the paper with the clerk not later than the 72nd hour after the
31	31	hour on which the initial filing is made. If the 72-
32	32	hour period ends
33	33	on a Saturday, Sunday, or legal holiday, the filing period is
34	34	extended until 4 p.m. on the first succeeding business day. If
35	35	extremely hazardous weather conditions exist or a disaster occurs,
36	36	the presiding judge or magistrate may by written order made each day
37	37	extend the filing period until 4 p.m. on the first succeeding
38	38	business day. The written order must declare that an emergency
39	39	exists because of the weather or the occurrence of a disaster. If a
40	40	person detained under this subtitle would otherwise be released
41	41	because the original signed copy of a paper is not filed within the
42	42	72-hour period but for the extension of the filing period under this
43	43	section, the person may be detained until the expiration of the
44	44	extended filing period. This subsection does not affect another
45	45	provision of this subtitle requiring the release or discharge of a
46	46	person.] If the paper is filed by the use of reproduced,
47	47	photocopied, or electronically transmitted paper, the person shall
48	48	maintain the original paper and shall provide it to the parties or
49	49	the court upon request.
50	50	[(d) If the clerk does not receive the original signed copy
51	51	of a paper within the period prescribed by this section, the judge
52	52	may dismiss the proceeding on the court's own motion or on the
53	53	motion of a party and, if the proceeding is dismissed, shall order
54	54	the immediate release of a proposed patient who is not at liberty.]
55	55	SECTION 3. Section 571.017, Health and Safety Code, is
56	56	amended to read as follows:
57	57	Section 571.017. [COMPENSATION OF COURT-APPOINTED PERSONNEL.
58	58	REPRESENTATION OF PROPOSED PATIENT. (a) [The court shall order the
59	59	payment of reasonable compensation to attorneys, physicians,
60	60	language interpreters, sign interpreters, and associate judges
61	61	appointed under this subtitle. The court shall appoint a private
62	62	attorney or public defender to represent a proposed patient under
63	63	any proceeding under this subtitle.
64	64	(b) [The compensation shall be taxed as costs in the case.]
65	65	A court may with permission of the commissioners court create a
66	66	mental health public defenders office. A mental health public
67	67	defender of such office may be appointed by the court in lieu of a
68	68	private attorney.
69	69	SECTION 4. A new Section 571.0175, Health and Safety Code,
70	70	is added to read as follows:
71	71	Section 571.0175. COMPENSATION OF COURT-APPOINTED
72	72	PERSONNEL. (a) The court shall order the payment of reasonable
73	73	compensation to attorneys, physicians, language interpreters, sign
74	74	interpreters, and associate judges appointed under this subtitle.
75	75	(b) The compensation shall be taxed as costs in the case.
76	76	SECTION 5. Section 574.010, Health and Safety Code, is
77	77	amended to read as follows:
78	78	Section 574.010. INDEPENDENT PSYCHIATRIC EVALUATION AND
79	79	EXPERT TESTIMONY. (a) The court may order an independent
80	80	evaluation of the proposed patient by a psychiatrist chose by the
81	81	proposed patient if the court determines that the evaluation will
82	82	assist the finder of fact. The psychiatrist may testify on behalf of
83	83	the proposed patient. (b) If the court determines that that the
84	84	proposed patient is indigent, the court may authorize reimbursement
85	85	to the attorney [ad litem] for court-approved expenses incurred in
86	86	obtaining expert testimony and may order the proposed patient's
87	87	county of residence to pay the expenses.
88	88	SECTION 16. This Act takes effect September 1, 2017.