| 1 | 1 | | H.B. No. 4085 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the payment by the state or a county of costs for |
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| 6 | 6 | | certain mental health hearings or proceedings. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Sections 571.018(h) and (j), Health and Safety |
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| 9 | 9 | | Code, are amended to read as follows: |
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| 10 | 10 | | (h) The state or a county may not pay any costs for a patient |
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| 11 | 11 | | committed to a private mental hospital, other than a filing fee or |
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| 12 | 12 | | other cost associated with a hearing or proceeding under this |
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| 13 | 13 | | subtitle, unless: |
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| 14 | 14 | | (1) a public facility is not available; and |
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| 15 | 15 | | (2) the commissioners court of the county authorizes |
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| 16 | 16 | | the payment, if appropriate. |
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| 17 | 17 | | (j) The judge of a court conducting a hearing or proceeding |
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| 18 | 18 | | under this subtitle shall order the clerk of the court to refund |
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| 19 | 19 | | court costs paid or advanced for a person by [When] an inpatient |
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| 20 | 20 | | mental health facility as defined under Section 571.003(9)(A), (B), |
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| 21 | 21 | | (D), or (E) on the filing of [571.003(9)(B) or (E) files] an |
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| 22 | 22 | | affidavit with the clerk of the court certifying that: |
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| 23 | 23 | | (1) the facility has received no compensation or |
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| 24 | 24 | | reimbursement for the treatment of the person; |
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| 25 | 25 | | (2) the facility provided treatment for the person |
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| 26 | 26 | | under a contract with a local mental health authority; or |
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| 27 | 27 | | (3) the facility provided treatment for the person and |
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| 28 | 28 | | only received reimbursement under Medicaid [it has received no |
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| 29 | 29 | | compensation or reimbursement for the treatment of a person for |
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| 30 | 30 | | whom court costs have been paid or advanced, the judge of the |
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| 31 | 31 | | probate court shall order the clerk of the court to refund the |
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| 32 | 32 | | costs]. |
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| 33 | 33 | | SECTION 2. This Act takes effect September 1, 2023. |
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| 34 | 34 | | ______________________________ ______________________________ |
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| 35 | 35 | | President of the Senate Speaker of the House |
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| 36 | 36 | | I certify that H.B. No. 4085 was passed by the House on May 3, |
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| 37 | 37 | | 2023, by the following vote: Yeas 145, Nays 0, 1 present, not |
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| 38 | 38 | | voting. |
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| 39 | 39 | | ______________________________ |
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| 40 | 40 | | Chief Clerk of the House |
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| 41 | 41 | | I certify that H.B. No. 4085 was passed by the Senate on May |
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| 42 | 42 | | 21, 2023, by the following vote: Yeas 28, Nays 3. |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Secretary of the Senate |
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| 45 | 45 | | APPROVED: _____________________ |
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| 46 | 46 | | Date |
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| 47 | 47 | | _____________________ |
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| 48 | 48 | | Governor |
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