| 1 | 1 | | 85R8752 JG-F |
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| 2 | 2 | | By: Uresti S.B. No. 1039 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the filing requirements for certain documents in mental |
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| 8 | 8 | | health cases. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 571.014(c), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (c) A person may [initially] file a paper with the county |
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| 13 | 13 | | clerk by the use of reproduced, photocopied, or electronically |
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| 14 | 14 | | transmitted paper [if the person files the original signed copies |
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| 15 | 15 | | of the paper with the clerk not later than the 72nd hour after the |
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| 16 | 16 | | hour on which the initial filing is made. If the 72-hour period |
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| 17 | 17 | | ends on a Saturday, Sunday, or legal holiday, the filing period is |
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| 18 | 18 | | extended until 4 p.m. on the first succeeding business day. If |
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| 19 | 19 | | extremely hazardous weather conditions exist or a disaster occurs, |
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| 20 | 20 | | the presiding judge or magistrate may by written order made each day |
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| 21 | 21 | | extend the filing period until 4 p.m. on the first succeeding |
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| 22 | 22 | | business day. The written order must declare that an emergency |
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| 23 | 23 | | exists because of the weather or the occurrence of a disaster. If a |
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| 24 | 24 | | person detained under this subtitle would otherwise be released |
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| 25 | 25 | | because the original signed copy of a paper is not filed within the |
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| 26 | 26 | | 72-hour period but for the extension of the filing period under this |
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| 27 | 27 | | section, the person may be detained until the expiration of the |
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| 28 | 28 | | extended filing period. This subsection does not affect another |
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| 29 | 29 | | provision of this subtitle requiring the release or discharge of a |
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| 30 | 30 | | person]. If the paper is filed with the county clerk by the use of |
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| 31 | 31 | | reproduced, photocopied, or electronically transmitted paper, the |
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| 32 | 32 | | person filing the paper shall: |
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| 33 | 33 | | (1) maintain the original signed copies of the paper; |
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| 34 | 34 | | and |
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| 35 | 35 | | (2) on request of a party or the court, file the |
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| 36 | 36 | | original signed copies of the paper with the clerk. |
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| 37 | 37 | | SECTION 2. Section 571.014(d), Health and Safety Code, is |
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| 38 | 38 | | repealed. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2017. |
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