Texas 2023 - 88th Regular

Texas House Bill HB1857 Compare Versions

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Version 2 (New)

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1	1	88R20436 MPF-D
2	2	By: Guillen, Davis H.B. No. 1857
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the certificate of medical examination for chemical
8	8	dependency and the duration of court-ordered treatment for a person
9	9	with a chemical dependency.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act may be cited as the Anell Borrego Act.
12	12	SECTION 2. Section 462.064(c), Health and Safety Code, is
13	13	amended to read as follows:
14	14	(c) A certificate must be dated and signed by the examining
15	15	physician. The certificate must include:
16	16	(1) the name and address of the examining physician;
17	17	(2) the name and address of the proposed patient;
18	18	(3) the date and place of the examination;
19	19	(4) the period, if any, during which the proposed
20	20	patient has been under the care of the examining physician;
21	21	(5) an accurate description of the treatment, if any,
22	22	given by or administered under the direction of the examining
23	23	physician; and
24	24	(6) the examining physician's opinion that [opinions
25	25	whether] the proposed patient is a person with a chemical
26	26	dependency and that, as a result of that chemical dependency:
27	27	(A) is likely to cause serious harm to the
28	28	person;
29	29	(B) is likely to cause serious harm to others; or
30	30	(C) will continue to suffer abnormal mental,
31	31	emotional, or physical distress and to deteriorate in ability to
32	32	function independently if not treated and is unable to make a
33	33	rational and informed choice as to whether or not to submit to
34	34	treatment.
35	35	SECTION 3. Section 462.069(a), Health and Safety Code, is
36	36	amended to read as follows:
37	37	(a) Except as provided by Section 462.080(b), the [The]
38	38	court shall commit the proposed patient to a treatment facility
39	39	approved by the commission [department] to accept court commitments
40	40	for at least 60 days but not more than 90 days if:
41	41	(1) the proposed patient admits the allegations of the
42	42	application; or
43	43	(2) at the hearing on the merits, the court or jury
44	44	finds that the material allegations in the application have been
45	45	proved by clear and convincing evidence.
46	46	SECTION 4. Section 462.075(f), Health and Safety Code, is
47	47	amended to read as follows:
48	48	(f) Except as provided by Section 462.080(b), the [The]
49	49	court shall commit the proposed patient to a treatment facility
50	50	approved by the commission [department] to accept commitments for
51	51	at least 60 days but not more than 90 days if:
52	52	(1) the proposed patient admits the allegations of the
53	53	application; or
54	54	(2) at the hearing on the merits, the court or jury
55	55	finds that the material allegations in the application have been
56	56	proved by clear and convincing evidence.
57	57	SECTION 5. Section 462.080(b), Health and Safety Code, is
58	58	amended to read as follows:
59	59	(b) The administrator may discharge a patient before the
60	60	court order expires if the administrator or physician treating the
61	61	patient determines that the patient no longer meets the criteria
62	62	for court-ordered treatment.
63	63	SECTION 6. Sections 462.081(a) and (d), Health and Safety
64	64	Code, are amended to read as follows:
65	65	(a) Except as provided by Section 462.080(b), the [The]
66	66	judge of a court with jurisdiction of misdemeanor cases may remand
67	67	the defendant to a treatment facility approved by the commission
68	68	[department] to accept court commitments for care and treatment for
69	69	at least 60 days but not more than 90 days, instead of incarceration
70	70	or fine, if:
71	71	(1) the court or a jury has found the defendant guilty
72	72	of an offense classified as a Class A or B misdemeanor;
73	73	(2) the court finds that the offense resulted from or
74	74	was related to the defendant's chemical dependency;
75	75	(3) a treatment facility approved by the commission
76	76	[department] is available to treat the defendant; and
77	77	(4) the treatment facility agrees in writing to admit
78	78	the defendant under this section.
79	79	(d) Except as provided by Section 462.080(b), a [A] juvenile
80	80	court may remand a child to a treatment facility for care and
81	81	treatment for at least 60 days but not more than 90 days after the
82	82	date on which the child is remanded if:
83	83	(1) the court finds that the child has engaged in
84	84	delinquent conduct or conduct indicating a need for supervision and
85	85	that the conduct resulted from or was related to the child's
86	86	chemical dependency;
87	87	(2) a treatment facility approved by the commission
88	88	[department] to accept court commitments is available to treat the
89	89	child; and
90	90	(3) the facility agrees in writing to receive the
91	91	child under this section.
92	92	SECTION 7. The changes in law made by this Act apply only to
93	93	an application for court-ordered treatment for chemical dependency
94	94	that is filed on or after the effective date of this Act. An
95	95	application that is filed before the effective date of this Act is
96	96	governed by the law as it existed immediately before that date, and
97	97	that law is continued in effect for that purpose.
98	98	SECTION 8. This Act takes effect September 1, 2023.