Texas 2019 - 86th Regular

Texas House Bill HB4119 Latest Draft

Bill / Introduced Version Filed 03/07/2019

                            86R6241 JG-D
 By: Murr H.B. No. 4119


 A BILL TO BE ENTITLED
 AN ACT
 relating to the administration of psychoactive medication to
 certain persons in the custody of a crisis stabilization unit.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter B, Chapter 574, Health and Safety
 Code, is amended by adding Section 574.029 to read as follows:
 Sec. 574.029.  ADMINISTRATION OF PSYCHOACTIVE MEDICATION TO
 CERTAIN PERSONS IN CUSTODY OF CRISIS STABILIZATION UNIT. (a) In
 this section:
 (1)  "Medication-related emergency" and "psychoactive
 medication" have the meanings assigned by Section 574.101.
 (2)  "Ward" has the meaning assigned by Section
 1002.030, Estates Code.
 (b)  If a person for whom a motion for court-ordered
 inpatient mental health services is granted remains in the custody
 of a crisis stabilization unit, as defined by rule by the executive
 commissioner, following the expiration of a protective custody
 order due to a lack of space at a mental hospital, the crisis
 stabilization unit may administer a psychoactive medication to the
 person only if the person refuses to take the medication and:
 (1)  the person is having a medication-related
 emergency;
 (2)  the person is under an order issued under Section
 574.106 authorizing the administration of the medication
 regardless of the person's refusal; or
 (3)  the person is a ward who is 18 years of age or older
 and the guardian of the person of the ward consents to the
 administration of psychoactive medication regardless of the ward's
 expressed preferences regarding treatment with psychoactive
 medication.
 SECTION 2.  Section 574.029, Health and Safety Code, as
 added by this Act, applies only to a person for whom a motion for
 court-ordered inpatient mental health services is granted on or
 after the effective date of this Act.
 SECTION 3.  This Act takes effect September 1, 2019.