Texas House Bill HB2938

Texas 2019 - 86th Regular

Caption

Relating to the authority of the commissioners court of a county to employ attorneys as mental health public defenders and to the reimbursement of an attorney who represents an indigent proposed patient in certain mental health proceedings.

Impact

The implementation of HB 2938 is poised to directly impact the state of mental health laws within Texas by creating a framework whereby counties can employ specialized attorneys to represent individuals in critical mental health legal situations. This change will likely facilitate a more robust legal defense for those facing involuntary commitment or other serious legal actions under mental health laws. As a result, the bill aims to alleviate the burden on the judicial system by introducing appointed legal help that reflects the complexities of mental health cases.

Summary

House Bill 2938 focuses on enhancing legal representation for individuals undergoing mental health proceedings in Texas. Specifically, it grants the authority to the commissioners court of a county to employ attorneys as mental health public defenders. This measure aims to improve the legal support available to proposed patients who may require representation in mental health cases, particularly those deemed indigent. The bill seeks to ensure that these individuals receive adequate legal rights and support during mental health interventions, emphasizing the importance of legal representation in safeguarding vulnerable populations.

Contention

While HB 2938 is generally seen as a positive step towards better legal support for indigent individuals in mental health scenarios, some concerns have been raised regarding funding and resource allocation. Critics may argue about the financial implications for counties tasked with hiring public defenders, and whether this burden might strain local budgets. Moreover, the effectiveness of this legal representation in actually improving outcomes for patients remains to be fully assessed and might lead to discussions on the adequacy of training and support for these public defenders.