88R7941 MPF-D
By: Guillen H.B. No. 1857
A BILL TO BE ENTITLED
AN ACT
relating to the duration of court-ordered treatment for a person
with a chemical dependency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Anell Borrego Act.
SECTION 2. Section 462.069(a), Health and Safety Code, is
amended to read as follows:
(a) The court shall commit the proposed patient to a
treatment facility approved by the department to accept court
commitments for at least 60 days but not more than 90 days if:
(1) the proposed patient admits the allegations of the
application; or
(2) at the hearing on the merits, the court or jury
finds that the material allegations in the application have been
proved by clear and convincing evidence.
SECTION 3. Section 462.075(f), Health and Safety Code, is
amended to read as follows:
(f) The court shall commit the proposed patient to a
treatment facility approved by the department to accept commitments
for at least 60 days but not more than 90 days if:
(1) the proposed patient admits the allegations of the
application; or
(2) at the hearing on the merits, the court or jury
finds that the material allegations in the application have been
proved by clear and convincing evidence.
SECTION 4. Sections 462.081(a) and (d), Health and Safety
Code, are amended to read as follows:
(a) The judge of a court with jurisdiction of misdemeanor
cases may remand the defendant to a treatment facility approved by
the department to accept court commitments for care and treatment
for at least 60 days but not more than 90 days, instead of
incarceration or fine, if:
(1) the court or a jury has found the defendant guilty
of an offense classified as a Class A or B misdemeanor;
(2) the court finds that the offense resulted from or
was related to the defendant's chemical dependency;
(3) a treatment facility approved by the department is
available to treat the defendant; and
(4) the treatment facility agrees in writing to admit
the defendant under this section.
(d) A juvenile court may remand a child to a treatment
facility for care and treatment for at least 60 days but not more
than 90 days after the date on which the child is remanded if:
(1) the court finds that the child has engaged in
delinquent conduct or conduct indicating a need for supervision and
that the conduct resulted from or was related to the child's
chemical dependency;
(2) a treatment facility approved by the department to
accept court commitments is available to treat the child; and
(3) the facility agrees in writing to receive the
child under this section.
SECTION 5. The changes in law made by this Act apply only to
an application for court-ordered treatment for chemical dependency
that is filed on or after the effective date of this Act. An
application that is filed before the effective date of this Act is
governed by the law as it existed immediately before that date, and
that law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2023.