By: Zaffirini S.B. No. 1912
A BILL TO BE ENTITLED
AN ACT
relating to procedures in mental health cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 571.013, Health and Safety Code, is
amended as follows:
Section 571.013. METHOD OF GIVING NOTICE. Except as
otherwise provided by this subtitle, notice required under this
subtitle may be given by a constable or sheriff delivering a copy of
the notice or document in person or in another manner directed by
the court that is reasonably calculated to give actual notice.
SECTION 2.Section 571.014, Health and Safety Code, is amended
as follows:
Sec. 571.014. FILING REQUIREMENTS. (a) Each application,
petition, certificate, or other paper permitted or required to be
filed in a probate court or court having probate jurisdiction under
this subtitle must be filed with the county clerk of the proper
county.
(b) The county clerk shall file each paper after endorsing
on it:
(1) the date on which the paper is filed;
(2) the docket number; and
(3) the clerk's official signature.
(c) A person may initially file a paper with the county
clerk by the use of reproduced, photocopied, or electronically
transmitted paper if the person files the original signed copies of
the paper with the clerk not later than the 72nd hour after the hour
on which the initial filing is made. If the 72-hour period ends on a
Saturday, Sunday, or legal holiday, the filing period is extended
until 4 p.m. on the first succeeding business day. If extremely
hazardous weather conditions exist or a disaster occurs, the
presiding judge or magistrate may by written order made each day
extend the filing period until 4 p.m. on the first succeeding
business day. The written order must declare that an emergency
exists because of the weather or the occurrence of a disaster. If a
person detained under this subtitle would otherwise be released
because the original signed copy of a paper is not filed within the
72-hour period but for the extension of the filing period under this
section, the person may be detained until the expiration of the
extended filing period. This subsection does not affect another
provision of this subtitle requiring the release or discharge of a
person. If the paper is filed by the use of reproduced,
photocopied, or electronically transmitted paper, the person shall
maintain the original paper and shall provide it to the parties or
the court upon request.
(d) If the clerk does not receive the original signed copy
of a paper within the period prescribed by this section, the judge
may dismiss the proceeding on the court's own motion or on the
motion of a party and, if the proceeding is dismissed, shall order
the immediate release of a proposed patient who is not at liberty.
SECTION 3. Section 571.017, Health and Safety Code, is
amended as follows:
Section 571.017. COMPENSATION OF COURT-APPOINTED
PERSONNEL. REPRESENTATION OF PROPOSED PATIENT. (a) The court
shall order the payment of reasonable compensation to attorneys,
physicians, language interpreters, sign interpreters, and
associate judges appointed under this subtitle. The court shall
appoint a private attorney or public defender to represent a
proposed patient under any proceeding under this subtitle.
(b) The compensation shall be taxed as costs in the case. A
court may with permission of the commissioners court create a
mental health public defenders office. A mental health public
defender of such office may be appointed by the court in lieu of a
private attorney.
SECTION 4. A new Section 571.0175, Health and Safety Code,
is added as follows:
Section 571.0175. COMPENSATION OF COURT-APPOINTED
PERSONNEL. (a) The court shall order the payment of reasonable
compensation to attorneys, physicians, language interpreters, sign
interpreters, and associate judges appointed under this subtitle.
(b) The compensation shall be taxed as costs in the case.
SECTION 5. Section 574.010, Health and Safety Code, is
amended as follows:
Section 574.010. INDEPENDENT PSYCHIATRIC EVALUATION AND
EXPERT TESTIMONY. (a) The court may order an independent
evaluation of the proposed patient by a psychiatrist chose by the
proposed patient if the court determines that the evaluation will
assist the finder of fact. The psychiatrist may testify on behalf of
the proposed patient. (b) If the court determines that that the
proposed patient is indigent, the court may authorize reimbursement
to the attorney ad litem for court-approved expenses incurred in
obtaining expert testimony and may order the proposed patient's
county of residence to pay the expenses.
SECTION 6. This Act takes effect September 1, 2017.