| 12 | | - | SECTION 1. Section 571.018(j), Health and Safety Code, is |
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| 13 | | - | amended to read as follows: |
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| 14 | | - | (j) The judge of a probate court shall order the clerk of the |
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| 15 | | - | court to refund court costs paid or advanced for a person by [When] |
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| 16 | | - | an inpatient mental health facility as defined under Section |
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| 17 | | - | 571.003(9)(B) or (E) on the filing of [files] an affidavit with the |
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| 18 | | - | clerk of the court certifying that: |
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| 19 | | - | (1) the facility has received no compensation or |
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| 20 | | - | reimbursement for the treatment of the person; |
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| 21 | | - | (2) the facility provided treatment for the person |
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| 22 | | - | under a contract with a local mental health authority; or |
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| 23 | | - | (3) the facility provided treatment for the person and |
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| 24 | | - | the person is eligible for Medicaid benefits [it has received no |
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| 25 | | - | compensation or reimbursement for the treatment of a person for |
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| 26 | | - | whom court costs have been paid or advanced, the judge of the |
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| 27 | | - | probate court shall order the clerk of the court to refund the |
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| 28 | | - | costs]. |
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| 11 | + | SECTION 1. Sections 571.018(d) and (i), Health and Safety |
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| 12 | + | Code, are amended to read as follows: |
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| 13 | + | (d) A county is entitled to reimbursement for costs actually |
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| 14 | + | paid by the county from[: |
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| 15 | + | [(1) the patient; or |
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| 16 | + | [(2)] a person or estate liable for the patient's |
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| 17 | + | support in a department mental health facility. |
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| 18 | + | (i) The county may not require a person [other than the |
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| 19 | + | patient] to pay any costs associated with a hearing or proceeding |
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| 20 | + | under this subtitle, including a filing fee or other court costs |
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| 21 | + | imposed under Chapter 118, Local Government Code, Chapter 51, |
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| 22 | + | Government Code, or other law, unless the county first determines |
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| 23 | + | that[: |
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| 24 | + | [(1) the costs relate to services provided or to be |
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| 25 | + | provided in a private mental hospital; or |
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| 26 | + | [(2)] the person charged with the costs is a person or |
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| 27 | + | estate liable for the patient's support in a department mental |
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| 28 | + | health facility. |
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