By: Murr H.B. No. 3666
A BILL TO BE ENTITLED
AN ACT
relating to the effect and disregard of declarations for mental
health treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 137.008(a) and (b), Civil Practice and
Remedies Code, are amended to read as follows:
(a) A physician or other health care provider may subject
the principal to mental health treatment in a manner contrary to the
principal's wishes as expressed in a declaration for mental health
treatment only after a judicial determination that the principal
was mentally incompetent at the time the principal executed the
declaration for mental health treatment[:
[(1) if the principal is under an order for temporary
or extended mental health services under Section 574.034 or
574.035, Health and Safety Code, and treatment is authorized in
compliance with Section 574.106, Health and Safety Code; or
[(2) in case of an emergency when the principal's
instructions have not been effective in reducing the severity of
the behavior that has caused the emergency].
(b) A declaration for mental health treatment does not limit
any authority to arrest or prosecute a person for violation of a law
[provided by Chapter 573 or 574, Health and Safety Code:
[(1) to take a person into custody; or
[(2) to admit or retain a person in a mental health
treatment facility].
SECTION 2. Section 137.008(c), Civil Practice and Remedies
Code, is repealed.
SECTION 3. This Act takes effect September 1, 2019.