86R12000 EAS-F
By: Hinojosa H.B. No. 2938
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 DEFENDERS. The
commissioners court of a county may employ attorneys as mental
health public defenders to provide proposed patients with legal
representation in a proceeding under Chapter 574.
Sec. 571.0169. REPRESENTATION OF PROPOSED PATIENT. The
court may appoint a mental health public defender 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 2. 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 3. This Act takes effect September 1, 2019.