| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to certain notice requirements and filing requirements in |
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| 6 | 8 | | court proceedings involving persons with mental illness and |
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| 7 | 9 | | representation of proposed patients in proceedings for |
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| 8 | 10 | | court-ordered mental health services. |
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| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 12 | | SECTION 1. Section 571.013, Health and Safety Code, is |
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| 11 | 13 | | amended to read as follows: |
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| 12 | 14 | | Sec. 571.013. METHOD OF GIVING NOTICE. Except as otherwise |
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| 13 | 15 | | provided by this subtitle, notice required under this subtitle may |
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| 14 | 16 | | be given by: |
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| 15 | 17 | | (1) personal delivery of [delivering] a copy of the |
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| 16 | 18 | | notice or document by a constable or sheriff of the county; [in |
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| 17 | 19 | | person] or |
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| 18 | 20 | | (2) [in] another manner directed by the court that is |
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| 19 | 21 | | reasonably calculated to give actual notice. |
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| 20 | 22 | | SECTION 2. Section 571.014(c), Health and Safety Code, is |
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| 21 | 23 | | amended to read as follows: |
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| 22 | 24 | | (c) A person may [initially] file a paper with the county |
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| 23 | 25 | | clerk by the use of reproduced, photocopied, or electronically |
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| 24 | 26 | | transmitted paper copies of [if the person files] the original |
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| 25 | 27 | | signed copies of the paper. A person who files a reproduced, |
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| 26 | 28 | | photocopied, or electronically transmitted paper must maintain |
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| 27 | 29 | | possession of the original signed copies of the paper and shall make |
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| 28 | 30 | | the original paper available for inspection on request by the |
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| 29 | 31 | | parties or the court [with the clerk not later than the 72nd hour |
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| 30 | 32 | | after the hour on which the initial filing is made. If the 72-hour |
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| 31 | 33 | | period ends on a Saturday, Sunday, or legal holiday, the filing |
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| 32 | 34 | | period is extended until 4 p.m. on the first succeeding business |
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| 33 | 35 | | day. If extremely hazardous weather conditions exist or a disaster |
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| 34 | 36 | | occurs, the presiding judge or magistrate may by written order made |
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| 35 | 37 | | each day extend the filing period until 4 p.m. on the first |
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| 36 | 38 | | succeeding business day. The written order must declare that an |
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| 37 | 39 | | emergency exists because of the weather or the occurrence of a |
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| 38 | 40 | | disaster. If a person detained under this subtitle would otherwise |
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| 39 | 41 | | be released because the original signed copy of a paper is not filed |
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| 40 | 42 | | within the 72-hour period but for the extension of the filing period |
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| 41 | 43 | | under this section, the person may be detained until the expiration |
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| 42 | 44 | | of the extended filing period. This subsection does not affect |
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| 43 | 45 | | another provision of this subtitle requiring the release or |
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| 44 | 46 | | discharge of a person]. |
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| 45 | 47 | | SECTION 3. Chapter 571, Health and Safety Code, is amended |
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| 46 | 48 | | by adding Sections 571.0168 and 571.0169 to read as follows: |
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| 47 | 49 | | Sec. 571.0168. MENTAL HEALTH PUBLIC DEFENDER OFFICE. A |
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| 48 | 50 | | court, with the permission of the commissioners court of the county |
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| 49 | 51 | | in which the court is located, may establish a mental health public |
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| 50 | 52 | | defender office to provide proposed patients with legal |
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| 51 | 53 | | representation provided by attorneys associated with that office. |
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| 52 | 54 | | Sec. 571.0169. REPRESENTATION OF PROPOSED PATIENT. The |
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| 53 | 55 | | court shall appoint an attorney associated with a mental health |
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| 54 | 56 | | public defender office described by Section 571.0168, a public |
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| 55 | 57 | | defender other than a mental health public defender, or a private |
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| 56 | 58 | | attorney to represent a proposed patient in any proceeding under |
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| 57 | 59 | | Chapter 574. |
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| 58 | 60 | | SECTION 4. Section 574.010(b), Health and Safety Code, is |
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| 59 | 61 | | amended to read as follows: |
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| 60 | 62 | | (b) If the court determines that the proposed patient is |
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| 61 | 63 | | indigent, the court may authorize reimbursement to the attorney |
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| 62 | 64 | | representing the proposed patient [ad litem] for court-approved |
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| 63 | 65 | | expenses incurred in obtaining expert testimony and may order the |
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| 64 | 66 | | proposed patient's county of residence to pay the expenses. |
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| 65 | 67 | | SECTION 5. Section 571.014(d), Health and Safety Code, is |
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| 66 | 68 | | repealed. |
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| 67 | 69 | | SECTION 6. This Act takes effect September 1, 2017. |
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