Texas House Bill HB5088 Introduced / Bill

                    88R9141 LHC/EAS/CJD-D
 By: Moody H.B. No. 5088


 A BILL TO BE ENTITLED
 AN ACT
 relating to procedures regarding certain persons who are or may be
 persons with a mental illness or intellectual disability.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 14, Code of Criminal Procedure, is
 amended by adding Article 14.036 to read as follows:
 Art. 14.036.  DEFERRAL OF ARREST FOR NONVIOLENT OFFENDERS
 RECEIVING EMERGENCY MENTAL HEALTH SERVICES. (a)  Except as
 provided by Subsection (e), this article applies only to a person
 who is detained in a facility under Chapter 573, Health and Safety
 Code, or Subchapter B, Chapter 574, Health and Safety Code, for the
 purpose of receiving emergency mental health services.
 (b)  A peace officer who has probable cause to arrest,
 without a warrant, a person described by Subsection (a) for conduct
 constituting an offense committed at the applicable facility shall
 defer the arrest of the person until the person has completed the
 emergency mental health services, unless exigent circumstances
 require an immediate arrest.
 (c)  A peace officer who defers the arrest of a person under
 Subsection (b) may not subsequently arrest the person for the same
 conduct unless a warrant has been issued.
 (d)  The facility in which the conduct constituting the
 offense occurred shall notify the law enforcement agency that
 sought the arrest of the person at least 12 hours before releasing
 the person and shall provide the address where the person will be
 released.
 (e)  This article does not apply with respect to a person
 accused of committing a violent offense, as defined by Article
 17.032, or an offense under Section 28.03, Penal Code, that is
 punishable as a felony.
 (f)  This article does not limit the lawful disposition of
 the criminal charge for the offense for which an arrest was
 deferred.
 SECTION 2.  Articles 16.22(a), (b-2), and (d), Code of
 Criminal Procedure, are amended to read as follows:
 (a)(1)  Not later than 12 hours after the sheriff or
 municipal jailer having custody of a defendant [for an offense
 punishable as a Class B misdemeanor or any higher category of
 offense] receives credible information that may establish
 reasonable cause to believe that the defendant has a mental illness
 or is a person with an intellectual disability, the sheriff or
 municipal jailer shall provide written or electronic notice to the
 magistrate.  The notice must include any information related to the
 sheriff's or municipal jailer's determination, such as information
 regarding the defendant's behavior immediately before, during, and
 after the defendant's arrest and, if applicable, the results of any
 previous assessment of the defendant.  On a determination that
 there is reasonable cause to believe that the defendant has a mental
 illness or is a person with an intellectual disability, the
 magistrate, except as provided by Subdivision (2), shall order the
 service provider that contracts with the jail to provide mental
 health or intellectual and developmental disability services, the
 local mental health authority, the local intellectual and
 developmental disability authority, or another qualified mental
 health or intellectual and developmental disability expert to:
 (A)  interview the defendant if the defendant has
 not previously been interviewed by a qualified mental health or
 intellectual and developmental disability expert on or after the
 date the defendant was arrested for the offense for which the
 defendant is in custody and otherwise collect information regarding
 whether the defendant has a mental illness as defined by Section
 571.003, Health and Safety Code, or is a person with an intellectual
 disability as defined by Section 591.003, Health and Safety Code,
 including, if applicable, information obtained from any previous
 assessment of the defendant and information regarding any
 previously recommended treatment or service; and
 (B)  provide to the magistrate a written report of
 an interview described by Paragraph (A) and the other information
 collected under that paragraph on the form approved by the Texas
 Correctional Office on Offenders with Medical or Mental Impairments
 under Section 614.0032(c), Health and Safety Code.
 (2)  The magistrate is not required to order the
 interview and collection of other information under Subdivision (1)
 if the defendant:
 (A)  is no longer in custody;
 (B)  [or if the defendant] in the year preceding
 the defendant's applicable date of arrest has been determined to
 have a mental illness or to be a person with an intellectual
 disability by the service provider that contracts with the jail to
 provide mental health or intellectual and developmental disability
 services, the local mental health authority, the local intellectual
 and developmental disability authority, or another mental health or
 intellectual and developmental disability expert described by
 Subdivision (1); or
 (C)  was only arrested or charged with an offense
 punishable as a Class C misdemeanor.
 (3)  A court that elects to use the results of a [that
 previous] determination described by Subdivision (2)(B) may
 proceed under Subsection (c).
 (4) [(3)]  If the defendant fails or refuses to submit
 to the interview and collection of other information regarding the
 defendant as required under Subdivision (1), the magistrate may
 order the defendant to submit to an examination in a jail, or in
 another place determined to be appropriate by the local mental
 health authority or local intellectual and developmental
 disability authority, for a reasonable period not to exceed 72
 hours.  If applicable, the county in which the committing court is
 located shall reimburse the local mental health authority or local
 intellectual and developmental disability authority for the
 mileage and per diem expenses of the personnel required to
 transport the defendant, calculated in accordance with the state
 travel regulations in effect at the time.
 (b-2)  The written report must include a description of the
 procedures used in the interview and collection of other
 information under Subsection (a)(1)(A) and the applicable expert's
 observations and findings pertaining to:
 (1)  whether the defendant is a person who has a mental
 illness or is a person with an intellectual disability;
 (2)  subject to Article 46B.002, whether there is
 clinical evidence to support a belief that the defendant may be
 incompetent to stand trial and should undergo a complete competency
 examination under Subchapter B, Chapter 46B; and
 (3)  any appropriate or recommended treatment or
 service.
 (d)  This article does not prevent the applicable court from,
 before, during, or after the interview and collection of other
 information regarding the defendant as described by this article:
 (1)  releasing a defendant who has a mental illness or
 is a person with an intellectual disability from custody on
 personal or surety bond, including imposing as a condition of
 release that the defendant submit to an examination or other
 assessment; or
 (2)  subject to Article 46B.002, ordering an
 examination regarding the defendant's competency to stand trial.
 SECTION 3.  Article 17.03(b-2), Code of Criminal Procedure,
 is amended to read as follows:
 (b-2)  Except as provided by Articles 15.21, 17.032, 17.033,
 and 17.151, a defendant may not be released on personal bond if the
 defendant:
 (1)  is charged with an offense involving violence; or
 (2)  while released on bail or community supervision
 for an offense involving violence, is charged with committing:
 (A)  any offense punishable as a felony; or
 (B)  an offense under the following provisions of
 the Penal Code:
 (i)  Section 22.01(a)(1) (assault);
 (ii)  Section 22.05 (deadly conduct);
 (iii)  Section 22.07 (terroristic threat);
 or
 (iv)  Section 42.01(a)(7) or (8) (disorderly
 conduct involving firearm).
 SECTION 4.  Articles 18.191(a), (b), (f), (g), and (h), Code
 of Criminal Procedure, are amended to read as follows:
 (a)  A law enforcement officer who seizes a firearm from a
 person taken into custody under Section 573.001 or 573.012, Health
 and Safety Code, and not in connection with an offense involving the
 use of a weapon or an offense under Chapter 46, Penal Code, shall
 immediately provide the person a written copy of the receipt for the
 firearm and a written notice of the procedure for the return of a
 firearm under this article.
 (b)  The law enforcement agency holding a firearm subject to
 disposition under this article shall, as soon as possible, but not
 later than the 15th day after the date the person is taken into
 custody under Section 573.001 or 573.012, Health and Safety Code,
 provide written notice of the procedure for the return of a firearm
 under this article to the last known address of the person's closest
 immediate family member as identified by the person or reasonably
 identifiable by the law enforcement agency, sent by certified mail,
 return receipt requested.  The written notice must state the date
 by which a request for the return of the firearm must be submitted
 to the law enforcement agency as provided by Subsection (h).
 (f)  A person who receives notice under Subsection (e) may
 dispose of the person's firearm by:
 (1)  releasing the firearm to the person's designee,
 if:
 (A)  the law enforcement agency holding the
 firearm conducts a check of state and national criminal history
 record information and verifies that the designee may lawfully
 possess a firearm under 18 U.S.C. Section 922(g);
 (B)  the person provides to the law enforcement
 agency a copy of a notarized statement releasing the firearm to the
 designee; and
 (C)  the designee provides to the law enforcement
 agency an affidavit confirming that the designee:
 (i)  will not allow access to the firearm by
 the person who was taken into custody under Section 573.001 or
 573.012, Health and Safety Code, at any time during which the person
 may not lawfully possess a firearm under 18 U.S.C. Section 922(g);
 and
 (ii)  acknowledges the responsibility of the
 designee and no other person to verify whether the person has
 reestablished the person's eligibility to lawfully possess a
 firearm under 18 U.S.C. Section 922(g); or
 (2)  releasing the firearm to the law enforcement
 agency holding the firearm, for disposition under Subsection (h).
 (g)  If a firearm subject to disposition under this article
 is wholly or partly owned by a person other than the person taken
 into custody under Section 573.001 or 573.012, Health and Safety
 Code, the law enforcement agency holding the firearm shall release
 the firearm to the person claiming a right to or interest in the
 firearm after:
 (1)  the person provides an affidavit confirming that
 the person:
 (A)  wholly or partly owns the firearm;
 (B)  will not allow access to the firearm by the
 person who was taken into custody under Section 573.001 or 573.012,
 Health and Safety Code, at any time during which that person may not
 lawfully possess a firearm under 18 U.S.C. Section 922(g); and
 (C)  acknowledges the responsibility of the
 person and no other person to verify whether the person who was
 taken into custody under Section 573.001 or 573.012, Health and
 Safety Code, has reestablished the person's eligibility to lawfully
 possess a firearm under 18 U.S.C. Section 922(g); and
 (2)  the law enforcement agency holding the firearm
 conducts a check of state and national criminal history record
 information and verifies that the person claiming a right to or
 interest in the firearm may lawfully possess a firearm under 18
 U.S.C. Section 922(g).
 (h)  If a person to whom written notice is provided under
 Subsection (b) or another lawful owner of a firearm subject to
 disposition under this article does not submit a written request to
 the law enforcement agency for the return of the firearm before the
 121st day after the date the law enforcement agency holding the
 firearm provides written notice under Subsection (b), the law
 enforcement agency may have the firearm sold by a person who is a
 licensed firearms dealer under 18 U.S.C. Section 923. The proceeds
 from the sale of a firearm under this subsection shall be given to
 the owner of the seized firearm, less the cost of administering this
 subsection. An unclaimed firearm that was seized from a person
 taken into custody under Section 573.001 or 573.012, Health and
 Safety Code, may not be destroyed or forfeited to the state.
 SECTION 5.  Subchapter B, Chapter 45, Code of Criminal
 Procedure, is amended by adding Article 45.0214 to read as follows:
 Art. 45.0214.  DISMISSAL BASED ON DEFENDANT'S LACK OF
 CAPACITY. (a) On motion by the state, the defendant, or a person
 standing in parental relation to the defendant, or on the court's
 own motion, a justice or judge shall determine whether probable
 cause exists to believe that a defendant, including a defendant who
 is a child as defined by Article 45.058(h) and a defendant with a
 mental illness or developmental disability, lacks the capacity to
 understand the proceedings in criminal court or to assist in the
 defendant's own defense and is unfit to proceed.
 (b)  If the justice or judge determines that probable cause
 exists for a finding under Subsection (a), after providing notice
 to the state, the justice or judge may dismiss the complaint.
 (c)  A dismissal of a complaint under Subsection (b) may be
 appealed as provided by Article 44.01.
 SECTION 6.  Article 46B.009, Code of Criminal Procedure, is
 amended to read as follows:
 Art. 46B.009.  TIME CREDITS.  (a) A court sentencing a
 person convicted of a criminal offense shall credit to the term of
 the person's sentence each of the following periods for which the
 person may be confined in a mental health facility, residential
 care facility, or jail:
 (1)  any period of confinement that occurs pending a
 determination under Subchapter C as to the defendant's competency
 to stand trial; and
 (2)  any period of confinement that occurs between the
 date of any initial determination of the defendant's incompetency
 under that subchapter and the date the person is transported to jail
 following a final judicial determination that the person has been
 restored to competency.
 (b)  A court sentencing a person convicted of a criminal
 offense shall credit to the term of the person's sentence any period
 that the person was ordered to and participated in, or was committed
 to and attended, an outpatient competency restoration program.
 SECTION 7.  Article 46B.025(b), Code of Criminal Procedure,
 is amended to read as follows:
 (b)  If in the opinion of an expert appointed under Article
 46B.021 the defendant is incompetent to proceed, the expert shall
 state in the report:
 (1)  the symptoms, exact nature, severity, and expected
 duration of the deficits resulting from the defendant's mental
 illness or intellectual disability, if any, and the impact of the
 identified condition on the factors listed in Article 46B.024;
 (2)  an estimate of the period needed to restore the
 defendant's competency;
 (3)  [, including] whether the defendant is likely to
 be restored to competency in the initial restoration period
 authorized under Subchapter D, including any possible extension
 under Article 46B.080 [foreseeable future]; and
 (4) [(3)]  prospective treatment options, if any,
 appropriate for the defendant.
 SECTION 8.  Article 46B.055, Code of Criminal Procedure, is
 amended to read as follows:
 Art. 46B.055.  PROCEDURE AFTER FINDING OF INCOMPETENCY. If
 the defendant is found incompetent to stand trial, the court shall:
 (1)  proceed under Subchapter D if the report under
 Article 46B.025 states that the defendant is likely to be restored
 to competency in the initial restoration period authorized under
 that subchapter; or
 (2)  for a defendant unlikely to be restored to
 competency as described by Subdivision (1):
 (A)  proceed under Subchapter E or F; or
 (B)  release the defendant on bail as permitted
 under Chapter 17.
 SECTION 9.  Article 46B.071(a), Code of Criminal Procedure,
 is amended to read as follows:
 (a)  On [Except as provided by Subsection (b), on] a
 determination under Article 46B.055(1) that a defendant is
 incompetent to stand trial and is likely to be restored to
 competency in the period authorized under this subchapter including
 any possible extension under Article 46B.080, the court shall:
 (1)  if the defendant is charged with an offense
 punishable as a Class B misdemeanor, or is charged with an offense
 punishable as a Class A misdemeanor that did not result in bodily
 injury to another person and the defendant has not been convicted in
 the preceding two years of an offense that resulted in bodily injury
 to another person:
 (A)  release the defendant on bail under Article
 46B.0711; or
 (B)  if an outpatient competency restoration
 program is unavailable or the defendant cannot be placed in an
 outpatient competency restoration program before the 14th day after
 the date of the court's order:
 (i)  on the motion of the attorney
 representing the state, dismiss the charge and proceed under
 Subchapter F; or
 (ii)  on the motion of the attorney
 representing the defendant and notice to the attorney representing
 the state:
 (a)  set the matter to be heard not
 later than the 10th day after the date of filing of the motion; and
 (b)  dismiss the charge and proceed
 under Subchapter F on a finding that an outpatient competency
 restoration program is unavailable or that the defendant cannot be
 placed in an outpatient competency restoration program before the
 14th day after the date of the court's order; or
 [(B)  commit the defendant to:
 [(i)  a jail-based competency restoration
 program under Article 46B.073(e); or
 [(ii)  a mental health facility or
 residential care facility under Article 46B.073(f); or]
 (2)  if the defendant is charged with an offense
 punishable as a Class A misdemeanor that resulted in bodily injury
 to another person or any higher category of offense or if the
 defendant is charged with an offense punishable as a Class A
 misdemeanor that did not result in bodily injury to another person
 and the defendant has been convicted in the preceding two years of
 an offense that resulted in bodily injury to another person:
 (A)  release the defendant on bail under Article
 46B.072; or
 (B)  commit the defendant to a facility or a
 jail-based competency restoration program under Article 46B.073(c)
 or (d).
 SECTION 10.  The heading to Article 46B.0711, Code of
 Criminal Procedure, is amended to read as follows:
 Art. 46B.0711.  RELEASE ON BAIL: CERTAIN OFFENSES NOT
 INVOLVING BODILY INJURY [FOR CLASS B MISDEMEANOR].
 SECTION 11.  Article 46B.0711(b), Code of Criminal
 Procedure, is amended to read as follows:
 (b)  Subject to conditions reasonably related to ensuring
 public safety and the effectiveness of the defendant's treatment,
 if the court determines that a defendant charged with an offense
 punishable as a Class B misdemeanor, or charged under the
 circumstances described by Article 46B.071(a)(1) with an offense
 punishable as a Class A misdemeanor, and found incompetent to stand
 trial is not a danger to others and may be safely treated on an
 outpatient basis with the specific objective of attaining
 competency to stand trial, and an appropriate outpatient competency
 restoration program is available for the defendant, the court
 shall:
 (1)  release the defendant on bail or continue the
 defendant's release on bail; and
 (2)  order the defendant to participate in an
 outpatient competency restoration program for a period not to
 exceed 60 days.
 SECTION 12.  The heading to Article 46B.072, Code of
 Criminal Procedure, is amended to read as follows:
 Art. 46B.072.  RELEASE ON BAIL: FELONIES; CERTAIN OFFENSES
 INVOLVING BODILY INJURY [FOR FELONY OR CLASS A MISDEMEANOR].
 SECTION 13.  Article 46B.072(a-1), Code of Criminal
 Procedure, is amended to read as follows:
 (a-1)  Subject to conditions reasonably related to ensuring
 public safety and the effectiveness of the defendant's treatment,
 [if] the court may release on bail, or continue the release on bail
 of, [determines that] a defendant charged with an offense
 punishable as a felony, or charged under the circumstances
 described by Article 46B.071(a)(2) with an offense punishable as
 [or] a Class A misdemeanor and found incompetent to stand trial if
 the court determines the defendant is not a danger to others and may
 be safely treated on an outpatient basis with the specific
 objective of attaining competency to stand trial, and an
 appropriate outpatient competency restoration program is available
 for the defendant[, the court:
 [(1)  may release on bail a defendant found incompetent
 to stand trial with respect to an offense punishable as a felony or
 may continue the defendant's release on bail; and
 [(2)  shall release on bail a defendant found
 incompetent to stand trial with respect to an offense punishable as
 a Class A misdemeanor or shall continue the defendant's release on
 bail].
 SECTION 14.  Articles 46B.073(a), (b), and (d), Code of
 Criminal Procedure, are amended to read as follows:
 (a)  This article applies only to a defendant not released on
 bail who is subject to an initial restoration period based on
 Article 46B.071(a)(2)(B) [46B.071].
 (b)  For purposes of further examination and competency
 restoration services with the specific objective of the defendant
 attaining competency to stand trial, the court shall commit a
 defendant described by Subsection (a) to a mental health facility,
 residential care facility, or jail-based competency restoration
 program for the applicable period as follows:
 (1)  a period of not more than 60 days, if the defendant
 is charged with an offense punishable as a Class A misdemeanor; or
 (2)  a period of not more than 120 days, if the
 defendant is charged with an offense punishable as a felony.
 (d)  If the defendant is not charged with an offense
 described by Subsection (c) and the indictment does not allege an
 affirmative finding under Article 42A.054(c) or (d), the court
 shall enter an order committing the defendant to a mental health
 facility or residential care facility determined to be appropriate
 by the commission [local mental health authority or local
 intellectual and developmental disability authority] or to a
 jail-based competency restoration program.  The court may enter an
 order committing the defendant [A defendant may be committed] to a
 jail-based competency restoration program only if the program
 provider has informed the court that [determines] the defendant
 will begin to receive competency restoration services not later
 than the third business day after the date of the order [within 72
 hours of arriving at the program].
 SECTION 15.  Article 46B.077(a), Code of Criminal Procedure,
 is amended to read as follows:
 (a)  The facility or jail-based competency restoration
 program to which the defendant is committed or the outpatient
 competency restoration program to which the defendant is released
 on bail shall:
 (1)  develop an individual program of treatment;
 (2)  assess and evaluate whether the defendant is
 likely to be restored to competency in the period authorized under
 this subchapter, including any possible extension under Article
 46B.080 [foreseeable future]; and
 (3)  report to the court and to the local mental health
 authority or to the local intellectual and developmental disability
 authority on the defendant's progress toward achieving competency.
 SECTION 16.  Articles 46B.079(b) and (b-1), Code of Criminal
 Procedure, are amended to read as follows:
 (b)  The head of the facility or jail-based competency
 restoration program provider shall promptly notify the court when
 the head of the facility or program provider believes that:
 (1)  the defendant is clinically ready and can be
 safely transferred to a competency restoration program for
 education services but has not yet attained competency to stand
 trial;
 (2)  the defendant has attained competency to stand
 trial; or
 (3)  the defendant is not likely to attain competency
 in the period authorized under this subchapter, including any
 possible extension under Article 46B.080 [foreseeable future].
 (b-1)  The outpatient competency restoration program
 provider shall promptly notify the court when the program provider
 believes that:
 (1)  the defendant has attained competency to stand
 trial; or
 (2)  the defendant is not likely to attain competency
 in the period authorized under this subchapter, including any
 possible extension under Article 46B.080 [foreseeable future].
 SECTION 17.  Articles 46B.084(a-1) and (b), Code of Criminal
 Procedure, are amended to read as follows:
 (a-1)(1)  Following the defendant's return to the court, the
 court shall make a determination with regard to the defendant's
 competency to stand trial. The court may make the determination
 based only on the most recent report that is filed under Article
 46B.079(c) and based on notice under that article, other than
 notice under Subsection (b)(1) of that article, and on other
 medical information or personal history information relating to the
 defendant. A party may object in writing or in open court to the
 findings of the most recent report not later than the 15th day after
 the date on which the court received the applicable notice under
 Article 46B.079. If no party objects to the findings of the most
 recent report within that period, the [The] court shall make the
 determination not later than the 20th day after the date on which
 the court received the applicable notice under Article 46B.079, or
 not later than the fifth day after the date of the defendant's
 return to court, whichever occurs first [, regardless of whether a
 party objects to the report as described by this subsection and the
 issue is set for hearing under Subsection (b)].
 (2)  Notwithstanding Subdivision (1), in a county with
 a population of less than one million or in a county with a
 population of four million or more, if no party objects to the
 findings of the most recent report within the period specified by
 that subdivision, the court shall make the determination described
 by that subdivision not later than the 20th day after the date on
 which the court received notification under Article 46B.079 [,
 regardless of whether a party objects to the report as described by
 that subdivision and the issue is set for a hearing under Subsection
 (b)].
 (b)  If a party objects as provided by [under] Subsection
 (a-1) and raises a suggestion that the defendant may no longer be
 competent to stand trial, the court shall determine, by informal
 inquiry not later than the fifth day after the date of the
 objection, whether there exists any evidence from a credible source
 that the defendant may no longer be competent. If, after an
 informal inquiry, the court determines that evidence from a
 credible source exists to support a finding of incompetency, the
 court shall order a further examination under Subchapter B to
 determine whether the defendant is incompetent to stand trial.
 Following receipt of the expert's report under that subchapter, the
 issue shall be set for a hearing not later than the 10th day after
 the date the report is received by the court.  The hearing is before
 the court, except that on motion by the defendant, the defense
 counsel, the prosecuting attorney, or the court, the hearing shall
 be held before a jury.
 SECTION 18.  Subchapter D, Chapter 46B, Code of Criminal
 Procedure, is amended by adding Article 46B.0855 to read as
 follows:
 Art. 46B.0855.  RAISING ISSUE OF INCOMPETENCY WHEN CRIMINAL
 PROCEEDINGS ARE NOT TIMELY RESUMED.  If the court has found the
 defendant competent to stand trial under Article 46B.084, but the
 criminal proceedings against the defendant were not resumed within
 the period specified by Subsection (d) of that article, the court
 shall, on motion of either party suggesting that the defendant may
 no longer be competent to stand trial, follow the procedures
 provided under Subchapters A and B, except any subsequent court
 orders for treatment must be issued under Subchapter E or F.  If,
 following the end of the period specified by Article 46B.084(d),
 the court suspects that the defendant may no longer be competent to
 stand trial, the court may make that suggestion under this article
 on its own motion.
 SECTION 19.  Article 46B.091(i), Code of Criminal Procedure,
 is amended to read as follows:
 (i)  If at any time during a defendant's commitment to a
 program implemented under this article the psychiatrist or
 psychologist for the provider determines that the defendant's
 competency to stand trial is unlikely to be restored to competency
 in the period authorized under this subchapter, including any
 possible extension under Article 46B.080 [foreseeable future]:
 (1)  the psychiatrist or psychologist for the provider
 shall promptly issue and send to the court a report demonstrating
 that fact; and
 (2)  the court shall:
 (A)  proceed under Subchapter E or F and order the
 transfer of the defendant, without unnecessary delay, to the first
 available facility that is appropriate for that defendant, as
 provided under Subchapter E or F, as applicable; or
 (B)  release the defendant on bail as permitted
 under Chapter 17.
 SECTION 20.  Article 46B.101, Code of Criminal Procedure, is
 amended to read as follows:
 Art. 46B.101.  APPLICABILITY.  This subchapter applies to a
 defendant against whom a court is required to proceed according to
 Article 46B.084(e) or 46B.0855 or according to the court's
 appropriate determination under Article 46B.055(2) [46B.071].
 SECTION 21.  Article 46B.104, Code of Criminal Procedure, is
 amended to read as follows:
 Art. 46B.104.  CIVIL COMMITMENT PLACEMENT: FINDING OF
 VIOLENCE. (a) A defendant committed to a facility as a result of
 proceedings initiated under this chapter shall be committed to the
 facility designated by the commission if:
 (1)  the defendant is charged with an offense listed in
 Article 17.032(a); or
 (2)  the indictment charging the offense alleges an
 affirmative finding under Article 42A.054(c) or (d).
 (b)  The court shall send a copy of the order of commitment to
 the applicable facility.
 (c)  For a defendant whose initial commitment is under this
 subchapter as provided by Article 46B.055(2), the court shall:
 (1)  provide to the facility copies of the following
 items made available to the court during the incompetency trial:
 (A)  reports of each expert;
 (B)  psychiatric, psychological, or social work
 reports that relate to the current mental condition of the
 defendant;
 (C)  documents provided by the attorney
 representing the state or the defendant's attorney that relate to
 the defendant's current or past mental condition;
 (D)  copies of the indictment or information and
 any supporting documents used to establish probable cause in the
 case;
 (E)  the defendant's criminal history record
 information; and
 (F)  the addresses of the attorney representing
 the state and the defendant's attorney; and
 (2)  direct the court reporter to promptly prepare and
 provide to the facility transcripts of all medical testimony
 received by the jury or court.
 SECTION 22.  Article 46B.109(b), Code of Criminal Procedure,
 is amended to read as follows:
 (b)  The head of the facility or outpatient treatment
 provider shall provide with the request a written statement that in
 their opinion the defendant is competent to stand trial and shall
 file with the court as provided by Article 46B.025 a report stating
 the reason why the facility or provider believes the defendant has
 been restored to competency.  The head of the facility or outpatient
 treatment provider must include with the report a list of the types
 and dosages of medications prescribed for the defendant while the
 defendant was receiving services in the facility or through the
 outpatient treatment program. The court shall provide copies of
 the written statement and report to the attorney representing the
 state and the defendant's attorney.  Either party may object to the
 findings in the written statement or report as provided by Article
 46B.1115.
 SECTION 23.  Subchapter E, Chapter 46B, Code of Criminal
 Procedure, is amended by adding Article 46B.1115 to read as
 follows:
 Art. 46B.1115.  PROCEEDINGS TO DETERMINE RESTORATION OF
 COMPETENCY. The periods for objecting to the written statement and
 report filed under Article 46B.109(b) and for conducting a hearing
 on the defendant's competency under this subchapter are the same as
 those specified under Article 46B.084.
 SECTION 24.  Article 46B.114, Code of Criminal Procedure, is
 amended to read as follows:
 Art. 46B.114.  TRANSPORTATION OF DEFENDANT TO COURT. (a) If
 the hearing is not conducted at the facility to which the defendant
 has been committed under this chapter or conducted by means of an
 electronic broadcast system as described by this subchapter, an
 order setting a hearing to determine whether the defendant has been
 restored to competency shall direct that [, as soon as practicable
 but not earlier than 72 hours before the date the hearing is
 scheduled,] the defendant be placed in the custody of the sheriff of
 the county in which the committing court is located or the sheriff's
 designee for prompt transportation to the court.  [The sheriff or
 the sheriff's designee may not take custody of the defendant under
 this article until 72 hours before the date the hearing is
 scheduled.]
 (b)  If before the 15th day after the date on which the court
 received notification under Article 46B.109 that a defendant
 committed to a facility or ordered to participate in an outpatient
 treatment program has not been transported to the court that issued
 the order under this subchapter, the head of the facility or
 outpatient treatment provider shall cause the defendant to be
 promptly transported to the court and placed in the custody of the
 sheriff of the county in which the court is located. The county in
 which the court is located shall reimburse the commission or
 outpatient treatment provider, as appropriate, for the mileage and
 per diem expenses of the personnel required to transport the
 defendant, calculated in accordance with rates provided in the
 General Appropriations Act for state employees.
 SECTION 25.  Article 46B.151(a), Code of Criminal Procedure,
 is amended to read as follows:
 (a)  If a court is required by Article 46B.084(f) or 46B.0855
 or by its appropriate determination under Article 46B.055(2)
 [46B.071] to proceed under this subchapter, or if the court is
 permitted by Article 46B.004(e) to proceed under this subchapter,
 the court shall determine whether there is evidence to support a
 finding that the defendant is either a person with mental illness or
 a person with an intellectual disability.
 SECTION 26.  Sections 51.20(a), (b), (c), and (d), Family
 Code, are amended to read as follows:
 (a)  At any stage of the proceedings under this title,
 including when a child is initially detained in a pre-adjudication
 secure detention facility or a post-adjudication secure
 correctional facility, the juvenile court may, at its discretion or
 at the request of the child's parent or guardian, order a child who
 is referred to the juvenile court or who is alleged by a petition or
 found to have engaged in delinquent conduct or conduct indicating a
 need for supervision to be examined by a disinterested expert,
 including a physician, psychiatrist, or psychologist, qualified by
 education and clinical training in mental health or intellectual
 disability [mental retardation] and experienced in forensic
 evaluation, to determine whether the child has a mental illness as
 defined by Section 571.003, Health and Safety Code, is a person with
 an intellectual disability [mental retardation] as defined by
 Section 591.003, Health and Safety Code, or suffers from chemical
 dependency as defined by Section 464.001, Health and Safety
 Code.  [If the examination is to include a determination of the
 child's fitness to proceed, an expert may be appointed to conduct
 the examination only if the expert is qualified under Subchapter B,
 Chapter 46B, Code of Criminal Procedure, to examine a defendant in a
 criminal case, and the examination and the report resulting from an
 examination under this subsection must comply with the requirements
 under Subchapter B, Chapter 46B, Code of Criminal Procedure, for
 the examination and resulting report of a defendant in a criminal
 case.]
 (b)  If, after conducting an examination of a child ordered
 under Subsection (a) and reviewing any other relevant information,
 there is reason to believe that the child has a mental illness or
 intellectual disability [mental retardation] or suffers from
 chemical dependency, the probation department shall refer the child
 to the local mental health [or mental retardation] authority, to
 the local intellectual and developmental disability authority, or
 to another appropriate and legally authorized agency or provider
 for evaluation and services, unless the prosecuting attorney has
 filed a petition under Section 53.04.
 (c)  If, while a child is under deferred prosecution
 supervision or court-ordered probation, a qualified professional
 determines that the child has a mental illness or intellectual
 disability [mental retardation] or suffers from chemical
 dependency and the child is not currently receiving treatment
 services for the mental illness, intellectual disability [mental
 retardation], or chemical dependency, the probation department
 shall refer the child to the local mental health [or mental
 retardation] authority, to the local intellectual and
 developmental disability authority, or to another appropriate and
 legally authorized agency or provider for evaluation and services.
 (d)  A probation department shall report each referral of a
 child to a local mental health [or mental retardation] authority,
 to a local intellectual and developmental disability authority, or
 to another agency or provider made under Subsection (b) or (c) to
 the Texas Juvenile Justice Department in a format specified by the
 department.
 SECTION 27.  Subchapter A, Chapter 55, Family Code, is
 amended to read as follows:
 SUBCHAPTER A.  GENERAL PROVISIONS
 Sec. 55.01.  DEFINITIONS [MEANING OF "HAVING A MENTAL
 ILLNESS"]. In [For purposes of] this chapter:
 (1)  "Adaptive behavior" and "intellectual disability"
 have the meanings assigned by Section 591.003, Health and Safety
 Code.
 (2)  "Child with an intellectual disability" means a
 child determined by a physician or psychologist licensed in this
 state to have subaverage general intellectual functioning with
 deficits in adaptive behavior.
 (3)  "Child with mental illness" [, a child who is
 described as having a mental illness] means a child determined by a
 physician or psychologist licensed in this state to have [with] a
 mental illness.
 (4)  "Interdisciplinary team" means a group of
 intellectual disability professionals and paraprofessionals who
 assess the treatment, training, and habilitation needs of a person
 with an intellectual disability and make recommendations for
 services for that person.
 (5)  "Least restrictive appropriate setting" means the
 treatment or service setting closest to the child's home that
 provides the child with the greatest probability of improvement and
 is no more restrictive of the child's physical or social liberties
 than is necessary to provide the child with the most effective
 treatment or services and to protect adequately against any danger
 the child poses to self or others.
 (6)  "Mental illness" has the meaning assigned by
 Section 571.003, Health and Safety Code.
 (7)  "Restoration classes" means curriculum-based
 educational sessions a child attends to assist in restoring the
 child's fitness to proceed, including the child's capacity to
 understand the proceedings in juvenile court and to assist in the
 child's own defense.
 (8)  "Subaverage general intellectual functioning"
 means intelligence that is measured on standardized psychometric
 instruments of two or more standard deviations below the age-group
 mean for the instruments used [as defined by Section 571.003,
 Health and Safety Code].
 Sec. 55.02.  MENTAL HEALTH AND INTELLECTUAL DISABILITY
 JURISDICTION. For the purpose of initiating proceedings to order
 mental health or intellectual disability services for a child [or
 for commitment of a child] as provided by this chapter, the juvenile
 court has jurisdiction of proceedings under Subtitle C or D, Title
 7, Health and Safety Code.
 Sec. 55.03.  STANDARDS OF CARE. (a) Except as provided by
 this chapter, a child for whom inpatient or outpatient mental
 health services are [is] ordered by a court under this chapter shall
 be cared for as provided by Subtitle C, Title 7, Health and Safety
 Code.
 (b)  Except as provided by this chapter, a child who is
 ordered [committed] by a court to receive services at a residential
 care facility or to participate in services on an outpatient basis
 due to an intellectual disability shall be cared for as provided by
 Subtitle D, Title 7, Health and Safety Code.
 Sec. 55.04.  FORENSIC MENTAL EXAMINATION. (a) In this
 section, "forensic mental examination" means an examination by a
 disinterested physician or psychologist to determine if a child who
 is alleged by petition or found to have engaged in delinquent
 conduct or conduct indicating a need for supervision is a child with
 mental illness, is unfit to proceed in juvenile court due to mental
 illness or an intellectual disability, or lacks responsibility for
 conduct due to mental illness or an intellectual disability.
 (b)  A juvenile court may order a forensic mental examination
 if the court determines that probable cause exists to believe that a
 child who is alleged by petition or found to have engaged in
 delinquent conduct or conduct indicating a need for supervision is
 a child with mental illness, is unfit to proceed in juvenile court
 due to mental illness or an intellectual disability, or lacks
 responsibility for conduct due to mental illness or an intellectual
 disability.
 (c)  To qualify for appointment as an expert under this
 chapter, a physician or psychologist must:
 (1)  as appropriate, be a physician licensed in this
 state or be a psychologist licensed in this state who has a doctoral
 degree in psychology; and
 (2)  have the following certification or training:
 (A)  as appropriate, certification by:
 (i)  the American Board of Psychiatry and
 Neurology with added or special qualifications in forensic
 psychiatry; or
 (ii)  the American Board of Professional
 Psychology in forensic psychology; or
 (B)  training consisting of:
 (i)  at least 24 hours of specialized
 forensic training relating to incompetency, fitness to proceed,
 lack of responsibility for conduct, or insanity evaluations; and
 (ii)  at least eight hours of continuing
 education relating to forensic evaluations, completed in the 12
 months preceding the date of the appointment.
 (d)  In addition to meeting the qualifications required by
 Subsection (c), to be appointed as an expert, a physician or
 psychologist must have completed six hours of required continuing
 education in courses in forensic psychiatry or psychology, as
 appropriate, in the 24 months preceding the appointment.
 (e)  A court may appoint as an expert a physician or
 psychologist who does not meet the requirements of Subsections (c)
 and (d) only if the court determines that exigent circumstances
 require the court to appoint an expert with specialized expertise
 to examine the child that is not ordinarily possessed by a physician
 or psychologist who meets the requirements of Subsections (c) and
 (d).
 Sec. 55.05.  CRITERIA FOR COURT-ORDERED MENTAL HEALTH
 SERVICES FOR CHILD. (a) A juvenile court may order a child who is
 subject to the jurisdiction of the juvenile court to receive
 temporary inpatient mental health services only if the court finds,
 from clear and convincing evidence, that:
 (1)  the child is a child with mental illness; and
 (2)  as a result of that mental illness, the child:
 (A)  is likely to cause serious harm to the
 child's self;
 (B)  is likely to cause serious harm to others; or
 (C)  is:
 (i)  suffering severe and abnormal mental,
 emotional, or physical distress;
 (ii)  experiencing substantial mental or
 physical deterioration of the child's ability to function
 independently; and
 (iii)  unable to make a rational and
 informed decision as to whether to submit to treatment or is
 unwilling to submit to treatment.
 (b)  A juvenile court may order a child who is subject to the
 jurisdiction of the juvenile court to receive temporary outpatient
 mental health services only if the court finds:
 (1)  that appropriate mental health services are
 available to the child; and
 (2)  clear and convincing evidence that:
 (A)  the child is a child with severe and
 persistent mental illness;
 (B)  as a result of the mental illness, the child
 will, if not treated, experience deterioration of the ability to
 function independently to the extent that the child will be unable
 to live safely in the community without court-ordered outpatient
 mental health services;
 (C)  outpatient mental health services are needed
 to prevent a relapse that would likely result in serious harm to the
 child or others; and
 (D)  the child has an inability to effectively and
 voluntarily participate in outpatient treatment services,
 demonstrated by:
 (i)  any of the child's actions occurring
 within the two-year period preceding the date of the hearing; or
 (ii)  specific characteristics of the
 child's clinical condition that significantly impair the child's
 ability to make a rational and informed decision as to whether to
 submit to voluntary outpatient treatment.
 (c)  A juvenile court may order a child who is subject to the
 jurisdiction of the juvenile court to receive extended inpatient
 mental health services only if the court finds, from clear and
 convincing evidence, that, in addition to the findings in
 Subsection (a):
 (1)  the child's condition is expected to continue for
 more than 90 days; and
 (2)  the child has received court-ordered inpatient
 mental health services under this chapter or under Chapter 574,
 Health and Safety Code, for at least 60 consecutive days during the
 preceding 12 months.
 (d)  A juvenile court may order a child who is subject to the
 jurisdiction of the juvenile court to receive extended outpatient
 mental health services only if, in addition to the findings in
 Subsection (b):
 (1)  the child's condition is expected to continue for
 more than 90 days; and
 (2)  the child has received:
 (A)  court-ordered inpatient mental health
 services under this chapter or under Chapter 574, Health and Safety
 Code, for at least 60 consecutive days during the preceding 12
 months; or
 (B)  court-ordered outpatient mental health
 services under this chapter or under Chapter 574, Health and Safety
 Code, during the preceding 60 days.
 Sec. 55.06.  CRITERIA FOR COURT-ORDERED RESIDENTIAL
 INTELLECTUAL DISABILITY SERVICES FOR CHILD. A child may not be
 court-ordered to receive services at a residential care facility
 unless:
 (1)  the child is a child with an intellectual
 disability;
 (2)  evidence is presented showing that because of the
 child's intellectual disability, the child:
 (A)  represents a substantial risk of physical
 impairment or injury to the child or others; or
 (B)  is unable to provide for and is not providing
 for the child's most basic personal physical needs;
 (3)  the child cannot be adequately and appropriately
 habilitated in an available, less restrictive setting;
 (4)  the residential care facility provides
 habilitative services, care, training, and treatment appropriate
 to the child's needs; and
 (5)  an interdisciplinary team recommends placement in
 the residential care facility.
 SECTION 28.  The heading to Subchapter B, Chapter 55, Family
 Code, is amended to read as follows:
 SUBCHAPTER B. COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD WITH
 MENTAL ILLNESS
 SECTION 29.  Sections 55.11(b) and (c), Family Code, are
 amended to read as follows:
 (b)  If the court determines that probable cause exists to
 believe that the child is a child with [has a] mental illness, the
 court shall temporarily stay the juvenile court proceedings and
 immediately order the child to be examined under Section 55.04
 [51.20]. The information obtained from the examination must
 include expert opinion as to:
 (1)  whether the child is a child with [has a] mental
 illness; [and]
 (2)  whether the child meets the [commitment] criteria
 for court-ordered mental health services under Section 55.05 for:
 (A)  temporary inpatient mental health services;
 (B)  temporary outpatient mental health services;
 (C)  extended inpatient mental health services;
 or
 (D)  extended outpatient mental health services;
 and
 (3)  if applicable, the specific criteria the child
 meets under Subdivision (2) [under Subtitle C, Title 7, Health and
 Safety Code. If ordered by the court, the information must also
 include expert opinion as to whether the child is unfit to proceed
 with the juvenile court proceedings].
 (c)  After considering all relevant information, including
 information obtained from an examination under Section 55.04
 [51.20], the court shall:
 (1)  proceed under Section 55.12 if the court
 determines that evidence exists to support a finding that the child
 is a child with [has a] mental illness and that the child meets the
 [commitment] criteria for court-ordered mental health services
 under Section 55.05 [Subtitle C, Title 7, Health and Safety Code,
 proceed under Section 55.12]; or
 (2)  dissolve the stay and continue the juvenile court
 proceedings if the court determines that evidence does not exist to
 support a finding that the child is a child with [has a] mental
 illness or that the child meets the [commitment] criteria for
 court-ordered mental health services under Section 55.05 [Subtitle
 C, Title 7, Health and Safety Code, dissolve the stay and continue
 the juvenile court proceedings].
 SECTION 30.  Sections 55.12, 55.15, 55.16, 55.17, 55.18, and
 55.19, Family Code, are amended to read as follows:
 Sec. 55.12.  INITIATION OF [COMMITMENT] PROCEEDINGS FOR
 COURT-ORDERED MENTAL HEALTH SERVICES. If, after considering all
 relevant information, the juvenile court determines that evidence
 exists to support a finding that a child is a child with [has a]
 mental illness and that the child meets the [commitment] criteria
 for court-ordered mental health services under Section 55.05 [under
 Subtitle C, Title 7, Health and Safety Code], the court shall:
 (1)  initiate proceedings as provided by Section 55.65
 [55.13] to order temporary or extended mental health services, as
 provided in this chapter and Subchapter C, Chapter 574, Health and
 Safety Code; or
 (2)  refer the child's case as provided by Section 55.68
 [55.14] to the appropriate court for the initiation of proceedings
 in that court to order temporary or extended mental health services
 for [commitment of] the child under this chapter and Subchapter C,
 Chapter 574, Health and Safety Code.
 Sec. 55.15.  STANDARDS OF CARE; EXPIRATION OF COURT ORDER
 FOR MENTAL HEALTH SERVICES. Treatment ordered under this
 subchapter for a child with mental illness must focus on the
 stabilization of the child's mental illness and on meeting the
 child's psychiatric needs in the least restrictive appropriate
 setting. If the juvenile court or a court to which the child's case
 is referred under Section 55.12(2) orders mental health services
 for the child, the child shall be transported, cared for, treated,
 and released in conformity to Subtitle C, Title 7, Health and Safety
 Code, except:
 (1)  a court order for mental health services for a
 child automatically expires on the 120th day after the date the
 child becomes 18 years of age; and
 (2)  the administrator of a mental health facility
 shall notify, in writing, by certified mail, return receipt
 requested, the juvenile court that ordered mental health services
 or the juvenile court that referred the case to a court that ordered
 the mental health services of the intent to discharge the child at
 least 10 days prior to discharge.
 Sec. 55.16.  ORDER FOR MENTAL HEALTH SERVICES; STAY OF
 PROCEEDINGS. (a) If the court to which the child's case is
 referred under Section 55.12(2) orders temporary or extended
 [inpatient] mental health services for the child, the court shall
 immediately notify in writing the referring juvenile court of the
 court's order for mental health services.
 (b)  If the juvenile court orders temporary or extended
 [inpatient] mental health services for the child or if the juvenile
 court receives notice under Subsection (a) from the court to which
 the child's case is referred, the proceedings under this title then
 pending in juvenile court shall be stayed.
 Sec. 55.17.  MENTAL HEALTH SERVICES NOT ORDERED;
 DISSOLUTION OF STAY. (a) If the court to which a child's case is
 referred under Section 55.12(2) does not order temporary or
 extended [inpatient] mental health services for the child, the
 court shall immediately notify in writing the referring juvenile
 court of the court's decision.
 (b)  If the juvenile court does not order temporary or
 extended [inpatient] mental health services for the child or if the
 juvenile court receives notice under Subsection (a) from the court
 to which the child's case is referred, the juvenile court shall
 dissolve the stay and continue the juvenile court proceedings.
 Sec. 55.18.  DISCHARGE FROM COURT-ORDERED INPATIENT OR
 OUTPATIENT MENTAL HEALTH SERVICES [FACILITY] BEFORE REACHING 18
 YEARS OF AGE. If the child is discharged from the mental health
 facility or from outpatient treatment services before reaching 18
 years of age, the juvenile court may:
 (1)  dismiss the juvenile court proceedings with
 prejudice; or
 (2)  dissolve the stay and continue with proceedings
 under this title as though no order of mental health services had
 been made.
 Sec. 55.19.  DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
 18TH BIRTHDAY. (a) The juvenile court may waive its exclusive
 original jurisdiction and [shall] transfer all pending proceedings
 from the juvenile court to a criminal court on or after the 18th
 birthday of a child for whom the juvenile court or a court to which
 the child's case was [is] referred under Section 55.12(2) [has]
 ordered inpatient mental health services if:
 (1)  the child is not discharged or furloughed from the
 inpatient mental health facility before reaching 18 years of age;
 and
 (2)  the child is alleged to have engaged in delinquent
 conduct that included a violation of a penal law listed in Section
 53.045 and no adjudication concerning the alleged conduct has been
 made.
 (b)  A court conducting a waiver of jurisdiction and
 discretionary transfer hearing under this section shall conduct the
 hearing according to Sections 54.02(j), (k), and (l).
 (c)  If after the hearing the juvenile court waives its
 jurisdiction and transfers the person to criminal court, the [The]
 juvenile court shall send notification of the transfer of a child
 under Subsection (a) to the inpatient mental health facility. The
 criminal court shall, within 90 days of the transfer, institute
 proceedings under Chapter 46B, Code of Criminal Procedure. If
 those or any subsequent proceedings result in a determination that
 the defendant is competent to stand trial, the defendant may not
 receive a punishment for the delinquent conduct described by
 Subsection (a)(2) that results in confinement for a period longer
 than the maximum period of confinement the defendant could have
 received if the defendant had been adjudicated for the delinquent
 conduct while still a child and within the jurisdiction of the
 juvenile court.
 SECTION 31.  Section 55.31, Family Code, is amended by
 amending Subsections (c) and (d) and adding Subsections (e) and (f)
 to read as follows:
 (c)  If the court determines that probable cause exists to
 believe that the child is unfit to proceed, the court shall
 temporarily stay the juvenile court proceedings and immediately
 order the child to be examined under Section 55.04 [51.20. The
 information obtained from the examination must include expert
 opinion as to whether the child is unfit to proceed as a result of
 mental illness or an intellectual disability].
 (d)  During an examination ordered under this section, and in
 any report based on that examination, an expert shall consider, in
 addition to other issues determined relevant by the expert:
 (1)  whether the child, as supported by current
 indications and the child's personal history:
 (A)  is a child with mental illness; or
 (B)  is a child with an intellectual disability;
 (2)  the child's capacity to:
 (A)  appreciate the allegations against the
 child;
 (B)  appreciate the range and nature of allowable
 dispositions that may be imposed in the proceedings against the
 child;
 (C)  understand the roles of the participants and
 the adversarial nature of the legal process;
 (D)  display appropriate courtroom behavior; and
 (E)  testify relevantly; and
 (3)  the degree of impairment resulting from the
 child's mental illness or intellectual disability and the specific
 impact on the child's capacity to engage with counsel in a
 reasonable and rational manner.
 (e)  An expert's report to the court must state an opinion on
 the child's fitness to proceed or explain why the expert is unable
 to state that opinion and include:
 (1)  the child's history and current status regarding
 any possible mental illness or intellectual disability;
 (2)  the child's developmental history as it relates to
 any possible mental illness or intellectual disability;
 (3)  the child's functional abilities related to
 fitness to stand trial;
 (4)  the relationship between deficits in the child's
 functional abilities related to fitness to proceed and any mental
 illness or intellectual disability; and
 (5)  if the expert believes the child is in need of
 remediation or restoration services, a discussion of:
 (A)  whether the child's abilities are likely to
 be remediated or restored within the period described by Section
 55.33(a)(1), (2), or (3);
 (B)  whether the child may be adequately treated
 in an alternative setting;
 (C)  any recommended interventions to aid in the
 remediation or restoration of the child's fitness;
 (D)  whether the child meets criteria for
 court-ordered treatment or services under Section 55.05 or 55.06;
 and
 (E)  if applicable, the specific criteria the
 child meets under Paragraph (D).
 (f) [(d)]  After considering all relevant information,
 including information obtained from an examination under Section
 55.04 [51.20], the court shall:
 (1)  if the court determines that evidence exists to
 support a finding that the child is unfit to proceed, proceed under
 Section 55.32; or
 (2)  if the court determines that evidence does not
 exist to support a finding that the child is unfit to proceed,
 dissolve the stay and continue the juvenile court proceedings.
 SECTION 32.  Sections 55.33 and 55.35, Family Code, are
 amended to read as follows:
 Sec. 55.33.  PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
 PROCEED. (a)  If the juvenile court or jury determines under
 Section 55.32 that a child is unfit as a result of mental illness or
 an intellectual disability to proceed with the juvenile court
 proceedings for delinquent conduct, the court shall:
 (1)  provided that the child meets the inpatient mental
 health services or residential intellectual disability services
 [commitment] criteria under Section 55.05 or 55.06 [Subtitle C or
 D, Title 7, Health and Safety Code], order the child placed with the
 Health and Human Services Commission [Department of State Health
 Services or the Department of Aging and Disability Services, as
 appropriate,] for a period of not more than 90 days, which order may
 not specify a shorter period, for placement in a facility
 designated by the commission [department];
 (2)  on application by the child's parent, guardian, or
 guardian ad litem, order the child placed in a private psychiatric
 inpatient facility or residential care facility for a period of not
 more than 90 days, which order may not specify a shorter period, but
 only if:
 (A)  the unfitness to proceed is a result of
 mental illness or an intellectual disability; and
 (B)  the placement is agreed to in writing by the
 administrator of the facility; or
 (3)  subject to Subsection (d) [(c)], if the court
 determines that the child may be adequately treated or served in an
 alternative setting and finds that the child does not meet criteria
 for court-ordered inpatient mental health services or residential
 intellectual disability services under Section 55.05 or 55.06,
 order the child to receive treatment for mental illness or services
 for the child's intellectual disability, as appropriate, on an
 outpatient basis for a period of [not more than] 90 days, with the
 possibility of extension as ordered by the court [which order may
 not specify a shorter period].
 (b)  If a child receives treatment for mental illness or
 services for the child's intellectual disability on an outpatient
 basis in an alternative setting under Subsection (a)(3), juvenile
 probation departments may provide restoration classes in
 collaboration with the outpatient alternative setting.
 (c)  If the court orders a child placed in a private
 psychiatric inpatient facility or residential care facility under
 Subsection (a)(2) or in an alternative setting under Subsection
 (a)(3), the state or a political subdivision of the state may be
 ordered to pay any costs associated with the ordered services
 [child's placement], subject to an express appropriation of funds
 for the purpose.
 (d) [(c)]  Before issuing an order described by Subsection
 (a)(3), the court shall consult with the local juvenile probation
 department, [and] with local treatment or service providers, with
 the local mental health authority, and with the local intellectual
 and developmental disability authority to determine the
 appropriate treatment or services and restoration classes for the
 child.
 Sec. 55.35.  INFORMATION REQUIRED TO BE SENT TO FACILITY OR
 ALTERNATIVE SETTING; REPORT TO COURT. (a)  If the juvenile court
 issues an [a placement] order under Section 55.33(a), the court
 shall order the probation department to send copies of any
 information in the possession of the department and relevant to the
 issue of the child's mental illness or intellectual disability to
 the public or private facility or outpatient alternative setting
 [center], as appropriate.
 (b)  Not later than the 75th day after the date the court
 issues an [a placement] order under Section 55.33(a), the public or
 private facility or outpatient alternative setting [center], as
 appropriate, shall submit to the court a report that:
 (1)  describes the treatment or services provided to
 the child by the facility or alternative setting [center]; and
 (2)  states the opinion of the director of the facility
 or alternative setting [center] as to whether the child is fit or
 unfit to proceed.
 (c)  If the report under Subsection (b) states that the child
 is unfit to proceed, the report must also include an opinion and the
 reasons for that opinion as to whether the child meets the criteria
 for court-ordered mental health services or court-ordered
 intellectual disability services under Section 55.05 or 55.06.
 (d)  The report of an outpatient alternative setting
 collaborating with a juvenile probation department to provide
 restoration classes must include any information provided by the
 juvenile probation department regarding the child's assessment at
 the conclusion of the restoration classes.
 (e)  The court shall provide a copy of the report submitted
 under Subsection (b) to the prosecuting attorney and the attorney
 for the child.
 SECTION 33.  Section 55.36(d), Family Code, is amended to
 read as follows:
 (d)  If, after a hearing, the court or jury finds that the
 child is unfit to proceed, the court shall proceed under Section
 55.37 or 55.40, as appropriate.
 SECTION 34.  Sections 55.37 and 55.40, Family Code, are
 amended to read as follows:
 Sec. 55.37.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A
 RESULT OF MENTAL ILLNESS; INITIATION OF [COMMITMENT] PROCEEDINGS
 FOR COURT-ORDERED MENTAL HEALTH SERVICES. If a report submitted
 under Section 55.35(b) states that a child is unfit to proceed as a
 result of mental illness and that the child meets the [commitment]
 criteria for court-ordered mental health services under Section
 55.05 [civil commitment under Subtitle C, Title 7, Health and
 Safety Code], the director of the public or private facility or
 outpatient alternative setting [center], as appropriate, shall
 submit to the court two certificates of medical examination for
 mental illness, as described by Subchapter A, Chapter 574, Health
 and Safety Code. On receipt of the certificates, the court shall:
 (1)  initiate proceedings as provided by Section 55.66
 for temporary or extended mental health services, as provided by
 this chapter and Subchapter C, Chapter 574, [55.38 in the juvenile
 court for commitment of the child under Subtitle C, Title 7,] Health
 and Safety Code; or
 (2)  refer the child's case as provided by Section 55.68
 [55.39] to the appropriate court for the initiation of proceedings
 in that court for temporary or extended mental health services for
 [commitment of] the child under this chapter and Subchapter C,
 Chapter 574, [Subtitle C, Title 7,] Health and Safety Code.
 Sec. 55.40.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A
 RESULT OF INTELLECTUAL DISABILITY.  If a report submitted under
 Section 55.35(b) states that a child is unfit to proceed as a result
 of an intellectual disability and that the child meets the
 [commitment] criteria for court-ordered residential intellectual
 disability services under Section 55.06 [civil commitment under
 Subtitle D, Title 7, Health and Safety Code], the director of the
 residential care facility or alternative setting shall submit to
 the court an affidavit stating the conclusions reached as a result
 of the diagnosis.  On receipt of the affidavit, the court shall:
 (1)  initiate proceedings as provided by Section 55.67
 [55.41] in the juvenile court for court-ordered residential
 intellectual disability services for [commitment of] the child
 under Subtitle D, Title 7, Health and Safety Code; or
 (2)  refer the child's case as provided by Section 55.68
 [55.42] to the appropriate court for the initiation of proceedings
 in that court for court-ordered residential intellectual
 disability services for [commitment of] the child under Subtitle D,
 Title 7, Health and Safety Code.
 SECTION 35.  Section 55.43(a), Family Code, is amended to
 read as follows:
 (a)  The prosecuting attorney may file with the juvenile
 court a motion for a restoration hearing concerning a child if:
 (1)  the child is found unfit to proceed as a result of
 mental illness or an intellectual disability; and
 (2)  the child:
 (A)  is not:
 (i)  ordered by a court to receive inpatient
 mental health or intellectual disability services;
 (ii)  ordered [committed] by a court to
 receive services at a residential care facility; or
 (iii)  ordered by a court to receive
 treatment or services on an outpatient basis; or
 (B)  is discharged or currently on furlough from a
 mental health facility or discharged from an alternative setting
 [outpatient center] before the child reaches 18 years of age.
 SECTION 36.  Section 55.44, Family Code, is amended to read
 as follows:
 Sec. 55.44.  DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
 18TH BIRTHDAY OF CHILD. (a)  The juvenile court may waive its
 exclusive original jurisdiction and [shall] transfer all pending
 proceedings from the juvenile court to a criminal court on or after
 the 18th birthday of a child for whom the juvenile court or a court
 to which the child's case is referred has ordered inpatient mental
 health services or residential care for persons with an
 intellectual disability if:
 (1)  the child is not discharged or currently on
 furlough from the facility before reaching 18 years of age; and
 (2)  the child is alleged to have engaged in delinquent
 conduct that included a violation of a penal law listed in Section
 53.045 and no adjudication concerning the alleged conduct has been
 made.
 (b)  A court conducting a waiver of jurisdiction and
 discretionary transfer hearing under this section shall conduct the
 hearing according to Sections 54.02(j), (k), and (l).
 (c)  If after the hearing the juvenile court waives its
 jurisdiction and transfers the case to criminal court, the [The]
 juvenile court shall send notification of the transfer of a child
 under Subsection (a) to the facility. The criminal court shall,
 before the 91st day after the date of the transfer, institute
 proceedings under Chapter 46B, Code of Criminal Procedure. If
 those or any subsequent proceedings result in a determination that
 the defendant is competent to stand trial, the defendant may not
 receive a punishment for the delinquent conduct described by
 Subsection (a)(2) that results in confinement for a period longer
 than the maximum period of confinement the defendant could have
 received if the defendant had been adjudicated for the delinquent
 conduct while still a child and within the jurisdiction of the
 juvenile court.
 SECTION 37.  Sections 55.45(b) and (c), Family Code, are
 amended to read as follows:
 (b)  If the juvenile court or a court to which the child's
 case is referred under Section 55.40(2) orders the intellectual
 disability services for [commitment of] the child to be provided at
 [to] a residential care facility, the child shall be cared for,
 treated, and released in accordance with Subtitle D, Title 7,
 Health and Safety Code, except that the administrator of the
 residential care facility shall notify, in writing, by certified
 mail, return receipt requested, the juvenile court that ordered
 intellectual disability services for [commitment of] the child or
 that referred the case to a court that ordered intellectual
 disability services for [commitment of] the child of the intent to
 discharge or furlough the child on or before the 20th day before the
 date of discharge or furlough.
 (c)  If the referred child, as described in Subsection (b),
 is alleged to have committed an offense listed in Article 42A.054,
 Code of Criminal Procedure, the administrator of the residential
 care facility shall apply, in writing, by certified mail, return
 receipt requested, to the juvenile court that ordered services for
 [commitment of] the child or that referred the case to a court that
 ordered services for [commitment of] the child and show good cause
 for any release of the child from the facility for more than 48
 hours.  Notice of this request must be provided to the prosecuting
 attorney responsible for the case.  The prosecuting attorney, the
 juvenile, or the administrator may apply for a hearing on this
 application.  If no one applies for a hearing, the trial court shall
 resolve the application on the written submission.  The rules of
 evidence do not apply to this hearing.  An appeal of the trial
 court's ruling on the application is not allowed.  The release of a
 child described in this subsection without the express approval of
 the trial court is punishable by contempt.
 SECTION 38.  Section 55.51(b), Family Code, is amended to
 read as follows:
 (b)  On a motion by a party in which it is alleged that a
 child may not be responsible as a result of mental illness or an
 intellectual disability for the child's conduct, the court shall
 order the child to be examined under Section 55.04 [51.20].  The
 information obtained from the examinations must include expert
 opinion as to:
 (1)  whether the child is a child with mental illness or
 an intellectual disability;
 (2)  whether the child is not responsible for the
 child's conduct as a result of mental illness or an intellectual
 disability;
 (3)  whether the child meets criteria for court-ordered
 mental health or intellectual disability services under Section
 55.05 or 55.06; and
 (4)  if applicable, the specific criteria the child
 meets under Subdivision (3).
 SECTION 39.  Sections 55.52 and 55.54, Family Code, are
 amended to read as follows:
 Sec. 55.52.  PROCEEDINGS FOLLOWING FINDING OF LACK OF
 RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a
 child is not responsible for the child's conduct under Section
 55.51 as a result of mental illness or an intellectual disability,
 the court shall:
 (1)  provided that the child meets the inpatient mental
 health services or residential intellectual disability services
 [commitment] criteria under Section 55.05 or 55.06 [Subtitle C or
 D, Title 7, Health and Safety Code], order the child placed with the
 Health and Human Services Commission [Department of State Health
 Services or the Department of Aging and Disability Services, as
 appropriate,] for a period of not more than 90 days, which order may
 not specify a shorter period, for placement in a facility
 designated by the commission [department];
 (2)  on application by the child's parent, guardian, or
 guardian ad litem, order the child placed in a private psychiatric
 inpatient facility or residential care facility for a period of not
 more than 90 days, which order may not specify a shorter period, but
 only if:
 (A)  the child's lack of responsibility is a
 result of mental illness or an intellectual disability; and
 (B)  the placement is agreed to in writing by the
 administrator of the facility; or
 (3)  subject to Subsection (c), if the court determines
 that the child may be adequately treated or served in an alternative
 setting and finds that the child does not meet criteria for
 court-ordered inpatient mental health services or residential
 intellectual disability services under Section 55.05 or 55.06,
 order the child to receive treatment for mental illness or services
 for the child's intellectual disability, as appropriate, on an
 outpatient basis for a period of [not more than] 90 days, with the
 possibility of extension as ordered by the court [which order may
 not specify a shorter period].
 (b)  If the court orders a child placed in a private
 psychiatric inpatient facility or residential care facility under
 Subsection (a)(2) or in an alternative setting under Subsection
 (a)(3), the state or a political subdivision of the state may be
 ordered to pay any costs associated with the ordered services
 [child's placement], subject to an express appropriation of funds
 for the purpose.
 (c)  Before issuing an order described by Subsection (a)(3),
 the court shall consult with the local juvenile probation
 department, [and] with local treatment or service providers, with
 the local mental health authority, and with the local intellectual
 and developmental disability authority to determine the
 appropriate treatment or services for the child.
 Sec. 55.54.  INFORMATION REQUIRED TO BE SENT TO FACILITY OR
 ALTERNATIVE SETTING; REPORT TO COURT. (a)  If the juvenile court
 issues an [a placement] order under Section 55.52(a), the court
 shall order the probation department to send copies of any
 information in the possession of the department and relevant to the
 issue of the child's mental illness or intellectual disability to
 the public or private facility or alternative setting [outpatient
 center], as appropriate.
 (b)  Not later than the 75th day after the date the court
 issues an [a placement] order under Section 55.52(a), the public or
 private facility or alternative setting [outpatient center], as
 appropriate, shall submit to the court a report that:
 (1)  describes the treatment or services provided to
 the child by the facility or alternative setting [center]; and
 (2)  states the opinion of the director of the facility
 or alternative setting [center] as to whether the child is a child
 with [has a] mental illness or an intellectual disability.
 (c)  If the report under Subsection (b) states that the child
 is a child with mental illness or an intellectual disability, the
 report must include an opinion as to whether the child meets
 criteria for court-ordered mental health services or court-ordered
 intellectual disability services under Section 55.05 or 55.06.
 (d) [(c)]  The court shall send a copy of the report
 submitted under Subsection (b) to the prosecuting attorney and the
 attorney for the child.
 SECTION 40.  Sections 55.55(b), (c), (d), and (e), Family
 Code, are amended to read as follows:
 (b)  On objection by the prosecuting attorney under
 Subsection (a), the juvenile court shall hold a hearing without a
 jury to determine whether the child is a child with [has a] mental
 illness or an intellectual disability and whether the child meets
 the [commitment] criteria for court-ordered mental health services
 or court-ordered intellectual disability services [civil
 commitment] under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
 Health and Safety Code].
 (c)  At the hearing, the burden is on the state to prove by
 clear and convincing evidence that the child is a child with [has a]
 mental illness or an intellectual disability and that the child
 meets the [commitment] criteria for court-ordered mental health
 services or court-ordered intellectual disability services [civil
 commitment] under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
 Health and Safety Code].
 (d)  If, after a hearing, the court finds that the child does
 not have a mental illness or an intellectual disability and that the
 child does not meet the [commitment] criteria for court-ordered
 treatment services under Section 55.05 or 55.06 [Subtitle C or D,
 Title 7, Health and Safety Code], the court shall discharge the
 child.
 (e)  If, after a hearing, the court finds that the child has a
 mental illness or an intellectual disability and that the child
 meets the [commitment] criteria for court-ordered treatment
 services under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
 Health and Safety Code], the court shall issue an appropriate
 [commitment] order for court-ordered mental health services or
 court-ordered intellectual disability services.
 SECTION 41.  Section 55.56, Family Code, is amended to read
 as follows:
 Sec. 55.56.  REPORT THAT CHILD HAS MENTAL ILLNESS;
 INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED MENTAL
 HEALTH SERVICES. If a report submitted under Section 55.54(b)
 states that a child is a child with [has a] mental illness and that
 the child meets the [commitment] criteria for court-ordered mental
 health services [civil commitment] under Section 55.05 [Subtitle C,
 Title 7, Health and Safety Code], the director of the public or
 private facility or alternative setting [outpatient center], as
 appropriate, shall submit to the court two certificates of medical
 examination for mental illness, as described by Subchapter A,
 Chapter 574, Health and Safety Code. On receipt of the
 certificates, the court shall:
 (1)  initiate proceedings as provided by Section 55.66
 [55.57] in the juvenile court for court-ordered mental health
 services for [commitment of] the child under Subtitle C, Title 7,
 Health and Safety Code; or
 (2)  refer the child's case as provided by Section 55.68
 [55.58] to the appropriate court for the initiation of proceedings
 in that court for court-ordered mental health services for
 [commitment of] the child under Subtitle C, Title 7, Health and
 Safety Code.
 SECTION 42.  Section 55.59, Family Code, is amended to read
 as follows:
 Sec. 55.59.  REPORT THAT CHILD HAS INTELLECTUAL DISABILITY;
 INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED
 RESIDENTIAL INTELLECTUAL DISABILITY SERVICES.  If a report
 submitted under Section 55.54(b) states that a child is a child with
 [has] an intellectual disability and that the child meets the
 [commitment] criteria for court-ordered residential intellectual
 disability services under Section 55.06 [civil commitment under
 Subtitle D, Title 7, Health and Safety Code], the director of the
 residential care facility or alternative setting shall submit to
 the court an affidavit stating the conclusions reached as a result
 of the diagnosis.  On receipt of an affidavit, the juvenile court
 shall:
 (1)  initiate proceedings in the juvenile court as
 provided by Section 55.67 [55.60] for court-ordered residential
 intellectual disability services for [commitment of] the child
 under Subtitle D, Title 7, Health and Safety Code; or
 (2)  refer the child's case to the appropriate court as
 provided by Section 55.68 [55.61] for the initiation of proceedings
 in that court for court-ordered residential intellectual
 disability services for [commitment of] the child under Subtitle D,
 Title 7, Health and Safety Code.
 SECTION 43.  Chapter 55, Family Code, is amended by adding
 Subchapter E, and a heading is added to that subchapter to read as
 follows:
 SUBCHAPTER E. PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH OR
 RESIDENTIAL INTELLECTUAL DISABILITY SERVICES
 SECTION 44.  Sections 55.13 and 55.14, Family Code, are
 transferred to Subchapter E, Chapter 55, Family Code, as added by
 this Act, redesignated as Sections 55.65 and 55.68, Family Code,
 respectively, and amended to read as follows:
 Sec. 55.65  [55.13]. [COMMITMENT] PROCEEDINGS IN JUVENILE
 COURT FOR CHILD WITH MENTAL ILLNESS. (a) If the juvenile court
 initiates proceedings for temporary or extended mental health
 services under Section 55.12(1), the prosecuting attorney or the
 attorney for the child may file with the juvenile court an
 application for court-ordered mental health services under
 Sections [Section] 574.001 and 574.002, Health and Safety Code.
 The juvenile court shall:
 (1)  set a date for a hearing and provide notice as
 required by Sections 574.005 and 574.006, Health and Safety Code;
 [and]
 (2)  direct the local mental health authority to file,
 before the date set for the hearing, its recommendation for the
 child's proposed treatment, as required by Section 574.012, Health
 and Safety Code;
 (3)  identify the person responsible for court-ordered
 outpatient mental health services not later than the third day
 before the date set for a hearing that may result in the court
 ordering the child to receive court-ordered outpatient mental
 health services, as required by Section 574.0125, Health and Safety
 Code;
 (4)  appoint physicians necessary to examine the child
 and to complete the certificates of medical examination for mental
 illness required under Section 574.009, Health and Safety Code; and
 (5)  conduct the hearing in accordance with Subchapter
 C, Chapter 574, Health and Safety Code.
 (b)  The burden of proof at the hearing is on the party who
 filed the application.
 (c)  [The juvenile court shall appoint the number of
 physicians necessary to examine the child and to complete the
 certificates of medical examination for mental illness required
 under Section 574.009, Health and Safety Code.
 [(d)]  After conducting a hearing on an application under
 this section and with consideration given to the least restrictive
 appropriate setting for treatment of the child and to the parent's,
 managing conservator's, or guardian's availability and willingness
 to participate in the treatment of the child, the juvenile court
 shall:
 (1)  if the criteria under Section 55.05(a) or (b)
 [574.034 or 574.0345, Health and Safety Code,] are satisfied, order
 temporary inpatient or outpatient mental health services for the
 child under Chapter 574, Health and Safety Code; or
 (2)  if the criteria under Section 55.05(c) or (d)
 [574.035 or 574.0355, Health and Safety Code,] are satisfied, order
 extended inpatient or outpatient mental health services for the
 child under Chapter 574, Health and Safety Code.
 (d)  On receipt of the court's order for inpatient mental
 health services, the Health and Human Services Commission shall
 identify a facility and admit the child to the identified facility.
 (e)  If the child is currently detained in a juvenile
 detention facility, the juvenile court shall:
 (1)  order the child released from detention to the
 child's home or another appropriate place;
 (2)  order the child detained or placed in an
 appropriate facility other than a juvenile detention facility; or
 (3)  conduct a detention hearing and, if the court
 makes findings under Section 54.01 to support further detention of
 the child, order the child to remain in the juvenile detention
 facility subject to further detention orders of the court.
 Sec. 55.68 [55.14].  REFERRAL FOR [COMMITMENT] PROCEEDINGS
 FOR CHILD WITH MENTAL ILLNESS OR CHILD FOUND UNFIT TO PROCEED OR
 LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS OR
 INTELLECTUAL DISABILITY.  (a) If the juvenile court refers the
 child's case to an [the] appropriate court for the initiation of
 [commitment] proceedings for court-ordered treatment services
 under Section 55.12(2), 55.37(2), 55.40(2), 55.56(2), or 55.59(2),
 the juvenile court shall:
 (1)  send to the clerk of the court to which the case is
 referred all papers, including evaluations, examination reports,
 court findings, orders, verdicts, judgments, and reports from
 facilities and alternative settings, relating to:
 (A)  the child's mental illness or intellectual
 disability;
 (B)  the child's unfitness to proceed, if
 applicable; and
 (C)  the finding that the child was not
 responsible for the child's conduct, if applicable [to the clerk of
 the court to which the case is referred]; and
 (2)  send to the office of the appropriate county
 attorney or, if a county attorney is not available, to the office of
 the appropriate district attorney, copies of all papers sent to the
 clerk of the court under Subdivision (1) [; and
 [(3)  if the child is in detention:
 [(A)  order the child released from detention to
 the child's home or another appropriate place;
 [(B)  order the child detained in an appropriate
 place other than a juvenile detention facility; or
 [(C)  if an appropriate place to release or detain
 the child as described by Paragraph (A) or (B) is not available,
 order the child to remain in the juvenile detention facility
 subject to further detention orders of the court].
 (b)  The papers sent to the clerk of a court under Subsection
 (a)(1) constitute an application for court-ordered mental health
 services under Section 574.001, Health and Safety Code, or an
 application for placement under Section 593.041, Health and Safety
 Code, as applicable.
 (c)  If the child is currently detained in a juvenile
 detention facility, the juvenile court shall:
 (1)  order the child released from detention to the
 child's home or another appropriate place;
 (2)  order the child detained or placed in an
 appropriate facility other than a juvenile detention facility; or
 (3)  conduct a detention hearing and, if the court
 makes findings under Section 54.01 to support further detention of
 the child, order the child to remain in the juvenile detention
 facility subject to further detention orders of the court.
 SECTION 45.  Sections 55.38 and 55.41, Family Code, are
 transferred to Subchapter E, Chapter 55, Family Code, as added by
 this Act, redesignated as Sections 55.66 and 55.67, Family Code,
 respectively, and amended to read as follows:
 Sec. 55.66 [55.38]. [COMMITMENT] PROCEEDINGS IN JUVENILE
 COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY
 FOR CONDUCT DUE TO MENTAL ILLNESS. (a) If the juvenile court
 initiates [commitment] proceedings for court-ordered mental health
 services under Section 55.37(1) or 55.56(1), the prosecuting
 attorney may file with the juvenile court an application for
 court-ordered mental health services under Sections [Section]
 574.001 and 574.002, Health and Safety Code. The juvenile court
 shall:
 (1)  set a date for a hearing and provide notice as
 required by Sections 574.005 and 574.006, Health and Safety Code;
 [and]
 (2)  direct the local mental health authority to file,
 before the date set for the hearing, its recommendation for the
 child's proposed treatment, as required by Section 574.012, Health
 and Safety Code;
 (3)  identify the person responsible for court-ordered
 outpatient mental health services at least three days before the
 date of a hearing that may result in the court ordering the child to
 receive court-ordered outpatient mental health services, as
 required by Section 574.012, Health and Safety Code; and
 (4)  conduct the hearing in accordance with Subchapter
 C, Chapter 574, Health and Safety Code.
 (b)  After conducting a hearing under this section and with
 consideration given to the least restrictive appropriate setting
 for treatment of the child and to the parent's, managing
 conservator's, or guardian's availability and willingness to
 participate in the treatment of the child [Subsection (a)(2)], the
 juvenile court shall:
 (1)  if the criteria for court-ordered mental health
 services under Section 55.05(a) or (b) [574.034 or 574.0345, Health
 and Safety Code,] are satisfied, order temporary inpatient or
 outpatient mental health services; or
 (2)  if the criteria for court-ordered mental health
 services under Section 55.05(c) or (d) [574.035 or 574.0355, Health
 and Safety Code,] are satisfied, order extended inpatient or
 outpatient mental health services.
 (c)  On receipt of the court's order for inpatient mental
 health services, the Health and Human Services Commission shall
 identify a facility and admit the child to the identified facility.
 (d)  If the child is currently detained in a juvenile
 detention facility, the juvenile court shall:
 (1)  order the child released from detention to the
 child's home or another appropriate place;
 (2)  order the child detained or placed in an
 appropriate facility other than a juvenile detention facility; or
 (3)  conduct a detention hearing and, if the court
 makes findings under Section 54.01 to support further detention of
 the child, order the child to remain in the juvenile detention
 facility subject to further detention orders of the court.
 Sec. 55.67 [55.41]. [COMMITMENT] PROCEEDINGS IN JUVENILE
 COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY
 FOR CONDUCT DUE TO [CHILDREN WITH] INTELLECTUAL DISABILITY.  (a) If
 the juvenile court initiates [commitment] proceedings under
 Section 55.40(1) or 55.59(1), the prosecuting attorney may file
 with the juvenile court an application for an interdisciplinary
 team report and recommendation that the child is in need of
 long-term placement in a residential care facility, under Section
 593.041, Health and Safety Code. The juvenile court shall:
 (1)  set a date for a hearing and provide notice as
 required by Sections 593.047 and 593.048, Health and Safety Code;
 and
 (2)  conduct the hearing in accordance with Sections
 593.049-593.056, Health and Safety Code.
 (b)  After conducting a hearing under this section and with
 consideration given to the least restrictive appropriate setting
 for services for the child and to the parent's, managing
 conservator's, or guardian's availability and willingness to
 participate in the services for the child [Subsection (a)(2)], the
 juvenile court may order residential intellectual disability
 services for the child if the [commitment of the child to a
 residential care facility if the commitment] criteria under Section
 55.06 [593.052, Health and Safety Code,] are satisfied.
 (c)  On receipt of the court's order, the Health and Human
 Services Commission [Department of Aging and Disability Services or
 the appropriate community center] shall identify a residential care
 facility and admit the child to the identified [a residential care]
 facility.
 (d)  If the child is currently detained in a juvenile
 detention facility, the juvenile court shall:
 (1)  order the child released from detention to the
 child's home or another appropriate place;
 (2)  order the child detained or placed in an
 appropriate facility other than a juvenile detention facility; or
 (3)  conduct a detention hearing and, if the court
 makes findings under Section 54.01 to support further detention of
 the child, order the child to remain in the juvenile detention
 facility subject to further detention orders of the court.
 SECTION 46.  Section 573.012, Health and Safety Code, is
 amended by adding Subsections (d-1) and (d-2) and amending
 Subsection (h) to read as follows:
 (d-1)  A peace officer who apprehends a person under this
 section may immediately seize any firearm found in the person's
 possession. A peace officer who seizes a firearm under this
 subsection must comply with the requirements of Article 18.191,
 Code of Criminal Procedure.
 (d-2)  A peace officer who transports an apprehended person
 to a facility in accordance with this section:
 (1)  is not required to remain at the facility while the
 person is medically screened or treated or while the person's
 insurance coverage is verified; and
 (2)  may leave the facility immediately after:
 (A)  the person is taken into custody by
 appropriate facility staff; and
 (B)  the peace officer provides to the facility
 the required documentation.
 (h)  A judge or magistrate may permit an applicant who is a
 physician or a licensed mental health professional employed by a
 local mental health authority to present an application by:
 (1)  e-mail with the application attached as a secure
 document in a portable document format (PDF); or
 (2)  secure electronic means, including:
 (A)  satellite transmission;
 (B)  closed-circuit television transmission; or
 (C)  any other method of two-way electronic
 communication that:
 (i)  is secure;
 (ii)  is available to the judge or
 magistrate; and
 (iii)  provides for a simultaneous,
 compressed full-motion video and interactive communication of
 image and sound between the judge or magistrate and the applicant.
 SECTION 47.  Section 574.106, Health and Safety Code, is
 amended by adding Subsection (m) to read as follows:
 (m)  An order issued under this section authorizes the taking
 of a patient's blood sample to conduct reasonable and medically
 necessary evaluations and laboratory tests to safely administer a
 psychoactive medication authorized by the order.
 SECTION 48.  The following provisions are repealed:
 (1)  Sections 55.39, 55.42, 55.57, 55.58, 55.60, and
 55.61, Family Code;
 (2)  Article 46B.071(b), Code of Criminal Procedure;
 (3)  Articles 46B.073(e) and (f), Code of Criminal
 Procedure; and
 (4)  Sections 574.035(d) and 574.0355(b), Health and
 Safety Code.
 SECTION 49.  Chapters 51 and 55, Family Code, as amended by
 this Act, apply only to a juvenile court hearing or proceeding that
 commences on or after the effective date of this Act.  A juvenile
 court hearing or proceeding that commences before the effective
 date of this Act is governed by the law in effect on the date the
 hearing or proceeding commenced, and the former law is continued in
 effect for that purpose.
 SECTION 50.  This Act takes effect September 1, 2023.