S.B. No. 1912
AN ACT
relating to certain notice requirements and filing requirements in
court proceedings involving persons with mental illness and
representation of proposed patients in proceedings for
court-ordered mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 571.013, Health and Safety Code, is
amended to read as follows:
Sec. 571.013. METHOD OF GIVING NOTICE. Except as otherwise
provided by this subtitle, notice required under this subtitle may
be given by:
(1) personal delivery of [delivering] a copy of the
notice or document by a constable or sheriff of the county; [in
person] or
(2) [in] another manner directed by the court that is
reasonably calculated to give actual notice.
SECTION 2. Section 571.014(c), Health and Safety Code, is
amended to read as follows:
(c) A person may [initially] file a paper with the county
clerk by the use of reproduced, photocopied, or electronically
transmitted paper copies of [if the person files] the original
signed copies of the paper. A person who files a reproduced,
photocopied, or electronically transmitted paper must maintain
possession of the original signed copies of the paper and shall make
the original paper available for inspection on request by the
parties or the court [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].
SECTION 3. Chapter 571, Health and Safety Code, is amended
by adding Sections 571.0168 and 571.0169 to read as follows:
Sec. 571.0168. MENTAL HEALTH PUBLIC DEFENDER OFFICE. A
court, with the permission of the commissioners court of the county
in which the court is located, may establish a mental health public
defender office to provide proposed patients with legal
representation provided by attorneys associated with that office.
Sec. 571.0169. REPRESENTATION OF PROPOSED PATIENT. The
court shall appoint an attorney associated with a mental health
public defender office described by Section 571.0168, a public
defender other than a mental health public defender, or a private
attorney to represent a proposed patient in any proceeding under
Chapter 574.
SECTION 4. Section 574.010(b), Health and Safety Code, is
amended to read as follows:
(b) If the court determines that the proposed patient is
indigent, the court may authorize reimbursement to the attorney
representing the proposed patient [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 5. Section 571.014(d), Health and Safety Code, is
repealed.
SECTION 6. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1912 passed the Senate on
May 4, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1912 passed the House on
May 23, 2017, by the following vote: Yeas 128, Nays 17, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor