Texas 2023 - 88th Regular

Texas Senate Bill SB1179 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	S.B. No. 1179
2	2
3	3
4	4	AN ACT
5	5	relating to sexually violent predators and the prosecution of
6	6	certain offenses involving prohibited items at correctional or
7	7	civil commitment facilities; creating a criminal offense.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 20.02(c), Penal Code, is amended to read
10	10	as follows:
11	11	(c) An offense under this section is a Class A misdemeanor,
12	12	except that the offense is:
13	13	(1) a state jail felony if the person restrained was a
14	14	child younger than 17 years of age;
15	15	(2) a felony of the third degree if:
16	16	(A) the actor recklessly exposes the victim to a
17	17	substantial risk of serious bodily injury;
18	18	(B) the actor restrains an individual the actor
19	19	knows is a public servant while the public servant is lawfully
20	20	discharging an official duty or in retaliation or on account of an
21	21	exercise of official power or performance of an official duty as a
22	22	public servant; or
23	23	(C) the actor, while in custody or committed to a
24	24	civil commitment facility, restrains any other person; or
25	25	(3) notwithstanding Subdivision (2)(B), a felony of
26	26	the second degree if the actor restrains an individual the actor
27	27	knows is a peace officer or judge while the officer or judge is
28	28	lawfully discharging an official duty or in retaliation or on
29	29	account of an exercise of official power or performance of an
30	30	official duty as a peace officer or judge.
31	31	SECTION 2. Section 21.07(b), Penal Code, is amended to read
32	32	as follows:
33	33	(b) An offense under this section is a Class A misdemeanor,
34	34	except that the offense is a felony of the third degree if the actor
35	35	is civilly committed as a sexually violent predator under Chapter
36	36	841, Health and Safety Code.
37	37	SECTION 3. Section 21.08(b), Penal Code, is amended to read
38	38	as follows:
39	39	(b) An offense under this section is a Class B misdemeanor,
40	40	except that the offense is a felony of the third degree if the actor
41	41	is civilly committed as a sexually violent predator under Chapter
42	42	841, Health and Safety Code.
43	43	SECTION 4. Section 22.01(b-1), Penal Code, is amended to
44	44	read as follows:
45	45	(b-1) Notwithstanding Subsections [Subsection] (b) and (c),
46	46	an offense under Subsection (a) [(a)(1)] is a felony of the third
47	47	degree if the offense is committed:
48	48	(1) by an [while the] actor who is committed to a civil
49	49	commitment facility; and
50	50	(2) against:
51	51	(A) a person the actor knows is an officer or
52	52	employee of the Texas Civil Commitment Office:
53	53	(i) while the officer or employee is
54	54	lawfully discharging an official duty [at a civil commitment
55	55	facility]; or
56	56	(ii) in retaliation for or on account of an
57	57	exercise of official power or performance of an official duty by the
58	58	officer or employee; or
59	59	(B) a person the actor knows is contracting [who
60	60	contracts] with the state to perform a service in a civil commitment
61	61	facility or an employee of that person:
62	62	(i) while the person or employee is engaged
63	63	in performing a service within the scope of the contract[, if the
64	64	actor knows the person or employee is authorized by the state to
65	65	provide the service]; or
66	66	(ii) in retaliation for or on account of the
67	67	person's or employee's performance of a service within the scope of
68	68	the contract.
69	69	SECTION 5. Section 38.11, Penal Code, is amended by
70	70	amending Subsections (a), (d), and (k) and adding Subsection (j-1)
71	71	to read as follows:
72	72	(a) A person commits an offense if the person provides, or
73	73	possesses with the intent to provide:
74	74	(1) an alcoholic beverage, controlled substance, or
75	75	dangerous drug to a person in the custody of a correctional facility
76	76	or residing in a civil commitment facility, except on the
77	77	prescription of a practitioner;
78	78	(2) a deadly weapon to a person in the custody of a
79	79	correctional facility or residing in a civil commitment facility;
80	80	(3) a cellular telephone or other wireless
81	81	communications device or a component of one of those devices to a
82	82	person in the custody of a correctional facility;
83	83	(4) money to a person confined in a correctional
84	84	facility; or
85	85	(5) a cigarette or tobacco product to a person
86	86	confined in a correctional facility, except that if the facility is
87	87	a local jail regulated by the Commission on Jail Standards, the
88	88	person commits an offense only if providing the cigarette or
89	89	tobacco product violates a rule or regulation adopted by the
90	90	sheriff or jail administrator that:
91	91	(A) prohibits the possession of a cigarette or
92	92	tobacco product by a person confined in the jail; or
93	93	(B) places restrictions on:
94	94	(i) the possession of a cigarette or
95	95	tobacco product by a person confined in the jail; or
96	96	(ii) the manner in which a cigarette or
97	97	tobacco product may be provided to a person confined in the jail.
98	98	(d) A person commits an offense if the person:
99	99	(1) possesses an alcoholic beverage, [a] controlled
100	100	substance, or dangerous drug while in a correctional facility or
101	101	civil commitment facility or on property owned, used, or controlled
102	102	by a correctional facility or civil commitment facility; or
103	103	(2) possesses a deadly weapon while in a correctional
104	104	facility or civil commitment facility.
105	105	(j-1) A person commits an offense if the person, while
106	106	residing in a civil commitment facility, possesses a cellular
107	107	telephone or other wireless communications device or a component of
108	108	one of those devices unless the device or component is authorized by
109	109	the Texas Civil Commitment Office.
110	110	(k) A person commits an offense if, with the intent to
111	111	provide to or make a cellular telephone or other wireless
112	112	communications device or a component of one of those devices
113	113	available for use by a person in the custody of a correctional
114	114	facility or residing in a civil commitment facility, the person:
115	115	(1) acquires a cellular telephone or other wireless
116	116	communications device or a component of one of those devices to be
117	117	delivered to the person in custody or residing in the facility;
118	118	(2) provides a cellular telephone or other wireless
119	119	communications device or a component of one of those devices to
120	120	another person for delivery to the person in custody or residing in
121	121	the facility; or
122	122	(3) makes a payment to a communication common carrier,
123	123	as defined by Article 18A.001, Code of Criminal Procedure, or to any
124	124	communication service that provides to its users the ability to
125	125	send or receive wire or electronic communications.
126	126	SECTION 6. Chapter 39, Penal Code, is amended by adding
127	127	Section 39.041 to read as follows:
128	128	Sec. 39.041. IMPROPER SEXUAL ACTIVITY WITH COMMITTED
129	129	PERSON. (a) In this section, "deviate sexual intercourse,"
130	130	"sexual contact," and "sexual intercourse" have the meanings
131	131	assigned by Section 21.01.
132	132	(b) An officer or employee of the Texas Civil Commitment
133	133	Office, a person who contracts with this state to perform a service
134	134	in a civil commitment facility or an employee of that person, or a
135	135	volunteer at a civil commitment facility commits an offense if the
136	136	person intentionally engages in deviate sexual intercourse, sexual
137	137	contact, or sexual intercourse with a person committed to a civil
138	138	commitment facility.
139	139	(c) An offense under this section is a felony of the third
140	140	degree.
141	141	(d) It is an affirmative defense to prosecution under this
142	142	section that, at the time of the offense, the actor was the spouse
143	143	of the person committed to the civil commitment facility.
144	144	(e) If conduct that constitutes an offense under this
145	145	section also constitutes an offense under any other law, the actor
146	146	may be prosecuted under this section, the other law, or both.
147	147	SECTION 7. Article 13.315, Code of Criminal Procedure, is
148	148	amended to read as follows:
149	149	Art. 13.315. FELONY OFFENSE COMMITTED BY CIVILLY COMMITTED
150	150	[FAILURE TO COMPLY WITH] SEXUALLY VIOLENT PREDATOR [CIVIL
151	151	COMMITMENT REQUIREMENT]. A felony [An] offense committed by a
152	152	person civilly committed under Chapter 841 [Section 841.085],
153	153	Health and Safety Code, may be prosecuted in the county in which any
154	154	element of the offense occurs or in the court that retains
155	155	jurisdiction over the civil commitment proceeding under Section
156	156	841.082, Health and Safety Code.
157	157	SECTION 8. Article 62.005(j), Code of Criminal Procedure,
158	158	is amended to read as follows:
159	159	(j) The department, for law enforcement purposes or for
160	160	supervision and treatment purposes, shall release all relevant
161	161	information described by Subsection (a), including information
162	162	that is not public information under Subsection (b), to a peace
163	163	officer, an employee of a local law enforcement authority, the
164	164	Texas Civil Commitment Office, or the attorney general on the
165	165	request of the applicable person or entity.
166	166	SECTION 9. Article 62.051, Code of Criminal Procedure, is
167	167	amended by amending Subsections (b), (e), and (f) and adding
168	168	Subsection (e-1) to read as follows:
169	169	(b) The department shall provide the Texas Department of
170	170	Criminal Justice, the Texas Juvenile Justice Department, the Texas
171	171	Civil Commitment Office, and each local law enforcement authority,
172	172	authority for campus security, county jail, and court with a form
173	173	for registering persons required by this chapter to register.
174	174	(e) Not later than the third day after the registration of a
175	175	person [a person's registering], the local law enforcement
176	176	authority with whom the person is registered shall send a copy of
177	177	the registration form to the department and, if the person resides
178	178	on the campus of a public or private institution of higher
179	179	education, to any authority for campus security for that
180	180	institution.
181	181	(e-1) The Texas Civil Commitment Office shall register with
182	182	the applicable local law enforcement authority on behalf of a
183	183	person who is civilly committed as a sexually violent predator
184	184	under Chapter 841, Health and Safety Code, and required to reside in
185	185	a civil commitment center. A person for whom registration is
186	186	completed under this subsection is not required to verify the
187	187	registration until the person is authorized to reside outside of
188	188	the civil commitment center.
189	189	(f) Not later than the seventh day after the date on which
190	190	the person is released or, for a person who is civilly committed as
191	191	a sexually violent predator under Chapter 841, Health and Safety
192	192	Code, authorized to reside outside of the civil commitment center,
193	193	a person for whom registration is completed under this chapter
194	194	shall report to the applicable local law enforcement authority to
195	195	verify the information in the registration form received by the
196	196	authority under this chapter. The authority shall require the
197	197	person to produce proof of the person's identity and residence
198	198	before the authority gives the registration form to the person for
199	199	verification. If the information in the registration form is
200	200	complete and accurate, the person shall verify registration by
201	201	signing the form. If the information is not complete or not
202	202	accurate, the person shall make any necessary additions or
203	203	corrections before signing the form.
204	204	SECTION 10. Subtitle A, Title 2, Civil Practice and
205	205	Remedies Code, is amended by adding Chapter 14A to read as follows:
206	206	CHAPTER 14A. LITIGATION BY CIVILLY COMMITTED INDIVIDUAL
207	207	SUBCHAPTER A. GENERAL PROVISIONS
208	208	Sec. 14A.001. DEFINITIONS. In this chapter:
209	209	(1) "Civilly committed individual" means a sexually
210	210	violent predator as described by Section 841.003, Health and Safety
211	211	Code, who has been committed to a facility operated by or under
212	212	contract with the office.
213	213	(2) "Claim" means a cause of action governed by this
214	214	chapter.
215	215	(3) "Office" means the Texas Civil Commitment Office.
216	216	(4) "Trust account" means a civilly committed
217	217	individual's trust account administered by the office or by a
218	218	facility under contract with the office.
219	219	(5) "Unsworn declaration" means a document executed in
220	220	accordance with Chapter 132.
221	221	Sec. 14A.002. SCOPE OF CHAPTER. (a) This chapter applies
222	222	only to an action, including an appeal or original proceeding,
223	223	brought by a civilly committed individual in a district, county, or
224	224	justice court or an appellate court, including the supreme court or
225	225	the court of criminal appeals, in which an affidavit or unsworn
226	226	declaration of inability to pay costs is filed by the civilly
227	227	committed individual.
228	228	(b) This chapter does not apply to an action brought under
229	229	the Family Code.
230	230	SUBCHAPTER B. DISMISSAL OF AND REQUIREMENTS FOR CLAIM
231	231	Sec. 14A.051. DISMISSAL OF FALSE, FRIVOLOUS, OR MALICIOUS
232	232	CLAIM. (a) A court may dismiss a claim, either before or after
233	233	service of process, if the court finds that:
234	234	(1) the allegation of poverty in the affidavit or
235	235	unsworn declaration is false;
236	236	(2) the claim is frivolous or malicious; or
237	237	(3) the civilly committed individual filed an
238	238	affidavit or unsworn declaration required by this chapter that the
239	239	individual knew was false.
240	240	(b) In determining whether a claim is frivolous or
241	241	malicious, the court may consider whether:
242	242	(1) the claim's realistic chance of ultimate success
243	243	is slight;
244	244	(2) the claim has no arguable basis in law or in fact;
245	245	(3) it is clear that the civilly committed individual
246	246	cannot prove the facts in support of the claim; or
247	247	(4) the claim is substantially similar to a previous
248	248	claim filed by the civilly committed individual because the claim
249	249	arises from the same operative facts.
250	250	(c) In determining whether Subsection (a) applies, the
251	251	court may hold a hearing. The hearing may be held before or after
252	252	service of process, and it may be held on motion of the court, a
253	253	party, or the court clerk.
254	254	(d) On the filing of a motion under Subsection (c), the
255	255	court shall suspend discovery relating to the claim pending the
256	256	hearing.
257	257	(e) A court that dismisses a claim brought by a civilly
258	258	committed individual housed in a facility operated by or under
259	259	contract with the office may notify the office of the dismissal and,
260	260	on the court's own motion or the motion of any party or the court
261	261	clerk, may advise the office that a mental health evaluation of the
262	262	individual may be appropriate.
263	263	Sec. 14A.052. AFFIDAVIT RELATING TO PREVIOUS FILINGS. (a)
264	264	A civilly committed individual who files an affidavit or unsworn
265	265	declaration of inability to pay costs shall file a separate
266	266	affidavit or declaration:
267	267	(1) identifying the court that ordered the
268	268	individual's civil commitment under Chapter 841, Health and Safety
269	269	Code;
270	270	(2) indicating whether any cause of action or
271	271	allegation contained in the petition has previously been filed in
272	272	any other court, and if so, stating the cause of action or
273	273	allegation previously filed and complying with Subdivision (6) and
274	274	Subsection (b);
275	275	(3) identifying each action, other than an action
276	276	under the Family Code, previously brought by the individual in
277	277	which the individual was not represented by an attorney, without
278	278	regard to whether the individual was civilly committed at the time
279	279	the action was brought;
280	280	(4) certifying that all grievance processes
281	281	applicable to the matter that is the basis of the claim, if any,
282	282	have been exhausted;
283	283	(5) certifying that no court has found the individual
284	284	to be a vexatious litigant under Chapter 11; and
285	285	(6) describing each action that was previously brought
286	286	by:
287	287	(A) stating the operative facts for which relief
288	288	was sought;
289	289	(B) listing the case name, the cause number, and
290	290	the court in which the action was brought;
291	291	(C) identifying each party named in the action;
292	292	and
293	293	(D) stating the result of the action, including
294	294	whether the action or a claim that was a basis for the action was
295	295	dismissed as frivolous or malicious under Section 13.001, 14.003,
296	296	or 14A.051 or otherwise.
297	297	(b) If the affidavit or unsworn declaration filed under this
298	298	section states that a previous action or claim was dismissed as
299	299	frivolous or malicious, the affidavit or unsworn declaration must
300	300	state the date of the final order affirming the dismissal.
301	301	(c) The affidavit or unsworn declaration must be
302	302	accompanied by the certified copy of the trust account statement
303	303	required by Section 14A.054(f).
304	304	Sec. 14A.053. GRIEVANCE SYSTEM DECISION; EXHAUSTION OF
305	305	ADMINISTRATIVE REMEDIES. (a) A civilly committed individual who
306	306	files a claim that is subject to a grievance system established by
307	307	the office or a facility under contract with the office shall file
308	308	with the court:
309	309	(1) an affidavit or unsworn declaration stating the
310	310	date that the grievance was filed and the date the written decision
311	311	was received by the individual; and
312	312	(2) a copy of the written decision from the grievance
313	313	system.
314	314	(b) A court shall dismiss a claim if the civilly committed
315	315	individual fails to file the claim before the 31st day after the
316	316	date the individual receives the written decision from the
317	317	grievance system.
318	318	(c) If a claim is filed before the grievance system
319	319	procedure is complete, the court shall stay the proceeding with
320	320	respect to the claim for a period not to exceed 180 days to permit
321	321	completion of the grievance system procedure.
322	322	Sec. 14A.054. COURT FEES, COURT COSTS, OTHER COSTS. (a) A
323	323	court may order a civilly committed individual who has filed a claim
324	324	to pay court fees, court costs, and other costs in accordance with
325	325	this section and Section 14A.055. The court clerk shall mail a copy
326	326	of the court's order and a certified bill of costs to the office or
327	327	facility under contract with the office, as appropriate.
328	328	(b) On the court's order, the civilly committed individual
329	329	shall pay an amount equal to the lesser of:
330	330	(1) 20 percent of the preceding six months' deposits to
331	331	the individual's trust account; or
332	332	(2) the total amount of court fees, court costs, and
333	333	other costs.
334	334	(c) In each month following the month in which payment is
335	335	made under Subsection (b), the civilly committed individual shall
336	336	pay an amount equal to the lesser of:
337	337	(1) 10 percent of that month's deposits to the trust
338	338	account; or
339	339	(2) the total amount of court fees, court costs, and
340	340	other costs that remains unpaid.
341	341	(d) Payments under Subsection (c) shall continue until the
342	342	total amount of court fees, court costs, and other costs are paid or
343	343	until the civilly committed individual is released from
344	344	confinement.
345	345	(e) On receipt of a copy of an order issued under Subsection
346	346	(a), the office or facility under contract with the office shall
347	347	withdraw money from the trust account in accordance with
348	348	Subsections (b), (c), and (d). The office or facility shall hold the
349	349	money in a separate account and shall forward the money to the court
350	350	clerk on the earlier of the following dates:
351	351	(1) the date the total amount to be forwarded equals
352	352	the total amount of court fees, court costs, and other costs that
353	353	remains unpaid; or
354	354	(2) the date the civilly committed individual is
355	355	released.
356	356	(f) The civilly committed individual shall file a certified
357	357	copy of the individual's trust account statement with the court.
358	358	The statement must reflect the balance of the account at the time
359	359	the claim is filed and activity in the account during the six months
360	360	preceding the date on which the claim is filed. The court may
361	361	request the office to provide the information required under this
362	362	subsection.
363	363	(g) A civilly committed individual may authorize payment in
364	364	addition to that required by this section.
365	365	(h) The court may dismiss a claim if the civilly committed
366	366	individual fails to pay fees and costs assessed under this section.
367	367	(i) A civilly committed individual may not avoid the fees
368	368	and costs assessed under this section by nonsuiting a party or by
369	369	voluntarily dismissing the action.
370	370	Sec. 14A.055. OTHER COSTS. (a) An order under Section
371	371	14A.054(a) must include the costs described by Subsection (b) if
372	372	the court finds that:
373	373	(1) the civilly committed individual has previously
374	374	filed an action to which this chapter or Chapter 14 applies; and
375	375	(2) a final order has been issued that affirms that the
376	376	action was dismissed as frivolous or malicious under Section
377	377	13.001, 14.003, or 14A.051 or otherwise.
378	378	(b) If Subsection (a) applies, costs of court must include
379	379	expenses incurred by the court or by the office or facility under
380	380	contract with the office, in connection with the claim and not
381	381	otherwise charged to the civilly committed individual under Section
382	382	14A.054, including:
383	383	(1) expenses of service of process;
384	384	(2) postage; and
385	385	(3) transportation, housing, or medical care incurred
386	386	in connection with the appearance of the individual in the court for
387	387	any proceeding.
388	388	Sec. 14A.056. HEARING. (a) The court may hold a hearing
389	389	under this chapter at a facility operated by or under contract with
390	390	the office or may conduct the hearing with video communications
391	391	technology that permits the court to see and hear the civilly
392	392	committed individual and that permits the individual to see and
393	393	hear the court and any other witness.
394	394	(b) A hearing conducted under this section by video
395	395	communications technology shall be recorded on videotape or by
396	396	other electronic means. The recording is sufficient to serve as a
397	397	permanent record of the hearing.
398	398	Sec. 14A.057. SUBMISSION OF EVIDENCE. (a) The court may
399	399	request a person with an admissible document or admissible
400	400	testimony relevant to the subject matter of the hearing to submit a
401	401	copy of the document or written statement stating the substance of
402	402	the testimony.
403	403	(b) A written statement submitted under this section must be
404	404	made under oath or made as an unsworn declaration under Section
405	405	132.001.
406	406	(c) A copy of a document submitted under this section must
407	407	be accompanied by a certification executed under oath by an
408	408	appropriate custodian of the record stating that the copy is
409	409	correct and any other matter relating to the admissibility of the
410	410	document that the court requires.
411	411	(d) A person submitting a written statement or document
412	412	under this section is not required to appear at the hearing.
413	413	(e) The court shall require that the civilly committed
414	414	individual be provided with a copy of each written statement or
415	415	document not later than the 14th day before the date on which the
416	416	hearing is to begin.
417	417	Sec. 14A.058. DISMISSAL OF CLAIM. (a) The court may enter
418	418	an order dismissing the entire claim or a portion of the claim under
419	419	this chapter.
420	420	(b) If a portion of the claim is dismissed, the court shall
421	421	designate the issues and defendants on which the claim may proceed,
422	422	subject to Sections 14A.054 and 14A.055.
423	423	(c) An order under this section is not subject to
424	424	interlocutory appeal by the civilly committed individual.
425	425	Sec. 14A.059. EFFECT ON OTHER CLAIMS. (a) Except as
426	426	provided by Subsection (b), on receipt of an order assessing fees
427	427	and costs under Section 14A.054 that indicates that the court made
428	428	the finding described by Section 14A.055(a), a court clerk may not
429	429	accept for filing another claim by the civilly committed individual
430	430	until the fees and costs assessed under Section 14A.054 are paid.
431	431	(b) A court may allow a civilly committed individual who has
432	432	not paid the fees and costs assessed against the individual to file
433	433	a claim for injunctive relief seeking to enjoin an act or failure to
434	434	act that creates a substantial threat of irreparable injury or
435	435	serious physical harm to the individual.
436	436	Sec. 14A.060. QUESTIONNAIRE. To implement this chapter, a
437	437	court may develop, for use in that court, a questionnaire to be
438	438	filed by the civilly committed individual.
439	439	Sec. 14A.061. REVIEW AND RECOMMENDATION BY MAGISTRATES.
440	440	(a) The supreme court shall, by rule, adopt a system under which a
441	441	court may refer a suit governed by this chapter to a magistrate for
442	442	review and recommendation.
443	443	(b) The system adopted under Subsection (a) may be funded
444	444	from money appropriated to the supreme court or from money received
445	445	by the supreme court through interagency contract or contracts.
446	446	(c) For the purposes of Section 14A.062, the adoption of a
447	447	system by rule under Subsection (a) does not constitute a
448	448	modification or repeal of a provision of this chapter.
449	449	Sec. 14A.062. CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.
450	450	Notwithstanding Section 22.004, Government Code, this chapter may
451	451	not be modified or repealed by a rule adopted by the supreme court.
452	452	SECTION 11. Title 4, Civil Practice and Remedies Code, is
453	453	amended by adding Chapter 78B to read as follows:
454	454	CHAPTER 78B. LIMITED LIABILITY FOR FIRST RESPONDER WELLNESS CHECK
455	455	AT CIVIL COMMITMENT FACILITY
456	456	Sec. 78B.001. DEFINITIONS. In this chapter:
457	457	(1) "First responder" means a law enforcement, fire
458	458	protection, or emergency medical services employee, volunteer, or
459	459	agency, including:
460	460	(A) a peace officer, as defined by Article 2.12,
461	461	Code of Criminal Procedure;
462	462	(B) fire protection personnel, as defined by
463	463	Section 419.021, Government Code;
464	464	(C) a volunteer firefighter who is:
465	465	(i) certified by the Texas Commission on
466	466	Fire Protection or by the State Firefighters' and Fire Marshals'
467	467	Association of Texas; or
468	468	(ii) a member of an organized volunteer
469	469	firefighting unit that provides firefighting services without
470	470	compensation and conducts a minimum of two drills each month, each
471	471	two hours long;
472	472	(D) an individual certified as emergency medical
473	473	services personnel by the Department of State Health Services; and
474	474	(E) an agency of this state or a political
475	475	subdivision of this state authorized by law to employ or supervise
476	476	personnel described by Paragraphs (A)-(D).
477	477	(2) "Wellness check" means a request by any person for
478	478	a first responder to visit a civil commitment facility and
479	479	determine the current condition of a sexually violent predator who
480	480	is civilly committed under Chapter 841, Health and Safety Code.
481	481	Sec. 78B.002. CONSTRUCTION OF CHAPTER. This chapter may
482	482	not be construed to prohibit a first responder from performing a
483	483	wellness check.
484	484	Sec. 78B.003. LIMITED LIABILITY FOR REFUSAL TO PROVIDE
485	485	WELLNESS CHECK. (a) A first responder is not required to perform a
486	486	wellness check.
487	487	(b) A first responder is not liable for damages incurred
488	488	from the first responder's refusal to perform a wellness check.
489	489	(c) A court shall immediately dismiss any action asserting a
490	490	claim described by Subsection (b).
491	491	Sec. 78B.004. REFERRAL TO TEXAS CIVIL COMMITMENT OFFICE. A
492	492	first responder may refer a person requesting a wellness check to
493	493	the Texas Civil Commitment Office, which may provide the person
494	494	with information regarding the current condition of the civilly
495	495	committed sexually violent predator if authorized under federal and
496	496	state law.
497	497	SECTION 12. Subchapter A, Chapter 411, Government Code, is
498	498	amended by adding Section 411.0092 to read as follows:
499	499	Sec. 411.0092. PRIMARY JURISDICTION. The sex offender
500	500	compliance unit described by Section 411.0091 has primary
501	501	jurisdiction to investigate a felony offense committed by a
502	502	sexually violent predator civilly committed under Chapter 841,
503	503	Health and Safety Code.
504	504	SECTION 13. Section 420A.008, Government Code, is amended
505	505	to read as follows:
506	506	Sec. 420A.008. STAFF. The office may select and employ a
507	507	general counsel, staff attorneys, a family liaison officer
508	508	described by Section 420A.012, and other staff necessary to perform
509	509	the office's functions.
510	510	SECTION 14. Chapter 420A, Government Code, is amended by
511	511	adding Sections 420A.012 and 420A.013 to read as follows:
512	512	Sec. 420A.012. FAMILY LIAISON OFFICER. (a) The office may
513	513	designate an employee to serve as a family liaison officer. The
514	514	family liaison officer may, as the office determines appropriate:
515	515	(1) facilitate the continuation and maintenance of
516	516	ties between a civilly committed sex offender and the offender's
517	517	family members who are supportive of the offender's participation
518	518	in the treatment and supervision program;
519	519	(2) notify an offender regarding emergencies
520	520	concerning the offender's family and provide the offender with
521	521	other necessary information related to the offender's family; and
522	522	(3) assist in resolving problems that may affect
523	523	permitted contact with an offender.
524	524	(b) Before each required quarterly meeting of the board, a
525	525	family liaison officer designated under this section may provide an
526	526	update to the board regarding the officer's activities.
527	527	(c) This section does not:
528	528	(1) require the office to designate a family liaison
529	529	officer; or
530	530	(2) guarantee to a civilly committed sex offender or
531	531	family member of an offender any additional right or privilege that
532	532	is not already required by state or federal law.
533	533	(d) In implementing this section, the office may adopt any
534	534	policy or impose any limitation the office considers necessary.
535	535	Sec. 420A.013. FAMILY UNITY AND PARTICIPATION. (a) The
536	536	office may adopt and implement policies that encourage family unity
537	537	during a civilly committed sex offender's commitment. In adopting
538	538	the policies, the office may consider the impact of a telephone,
539	539	mail, and in-person visitation policy on a family member's ability
540	540	to provide support to the offender through ongoing, appropriate
541	541	contact with the offender while the offender participates in the
542	542	treatment and supervision program.
543	543	(b) This section does not guarantee to a civilly committed
544	544	sex offender or family member of an offender any additional right or
545	545	privilege that is not already required by state or federal law.
546	546	(c) In implementing this section, the office may adopt any
547	547	policy or impose any limitation the office considers necessary.
548	548	SECTION 15. Subchapter C, Chapter 552, Government Code, is
549	549	amended by adding Section 552.1345 to read as follows:
550	550	Sec. 552.1345. EXCEPTION: CONFIDENTIALITY OF CERTAIN
551	551	INFORMATION RELATING TO CIVILLY COMMITTED SEXUALLY VIOLENT
552	552	PREDATORS. (a) Except as provided by Subsection (b), information
553	553	obtained or maintained by the Texas Civil Commitment Office is
554	554	excepted from the requirements of Section 552.021 if it is
555	555	information about a person who is civilly committed as a sexually
556	556	violent predator under Chapter 841, Health and Safety Code.
557	557	(b) Subsection (a) does not apply to statistical or other
558	558	aggregated information relating to persons civilly committed to one
559	559	or more facilities operated by or under a contract with the office.
560	560	SECTION 16. Subchapter I, Chapter 2001, Government Code, is
561	561	amended by adding Section 2001.227 to read as follows:
562	562	Sec. 2001.227. TEXAS CIVIL COMMITMENT OFFICE. This chapter
563	563	does not apply to a rule or internal procedure of the Texas Civil
564	564	Commitment Office that applies to a person who is civilly committed
565	565	as a sexually violent predator under Chapter 841, Health and Safety
566	566	Code, or to an action taken under that rule or procedure.
567	567	SECTION 17. Section 2155.144(a), Government Code, is
568	568	amended to read as follows:
569	569	(a) This section applies only to the Health and Human
570	570	Services Commission, each health and human services agency, [and]
571	571	the Department of Family and Protective Services, and agencies
572	572	administratively attached to the Health and Human Services
573	573	Commission. For the purposes of this section, the Department of
574	574	Family and Protective Services or an agency administratively
575	575	attached to the Health and Human Services Commission is considered
576	576	a health and human services agency.
577	577	SECTION 18. Section 109.051(b), Occupations Code, is
578	578	amended to read as follows:
579	579	(b) Notwithstanding Subtitle B, Title 3, of this code or
580	580	Chapter 611, Health and Safety Code, a person described by
581	581	Subsection (a), on request or in the normal course of business,
582	582	shall release information concerning the treatment of a sex
583	583	offender to:
584	584	(1) another person described by Subsection (a);
585	585	(2) a criminal justice agency; [or]
586	586	(3) a local law enforcement authority; or
587	587	(4) the Texas Civil Commitment Office.
588	588	SECTION 19. Section 109.052, Occupations Code, is amended
589	589	to read as follows:
590	590	Sec. 109.052. RELEASE BY CRIMINAL JUSTICE AGENCY. A
591	591	criminal justice agency, on request or in the normal course of
592	592	official business, shall release information concerning the
593	593	treatment of a sex offender to:
594	594	(1) another criminal justice agency;
595	595	(2) a local law enforcement authority; [or]
596	596	(3) a person described by Section 109.051(a); or
597	597	(4) the Texas Civil Commitment Office.
598	598	SECTION 20. Section 109.053, Occupations Code, is amended
599	599	to read as follows:
600	600	Sec. 109.053. RELEASE BY LOCAL LAW ENFORCEMENT AUTHORITY.
601	601	A local law enforcement authority, on request or in the normal
602	602	course of official business, shall release information concerning
603	603	the treatment of a sex offender to:
604	604	(1) another local law enforcement authority;
605	605	(2) a criminal justice agency; [or]
606	606	(3) a person described by Section 109.051(a); or
607	607	(4) the Texas Civil Commitment Office.
608	608	SECTION 21. Sections 841.002(1) and (8), Health and Safety
609	609	Code, are amended to read as follows:
610	610	(1) "Attorney representing the state" means a district
611	611	attorney, criminal district attorney, or county attorney with
612	612	felony criminal jurisdiction who represents the state in a [civil
613	613	commitment] proceeding under this chapter.
614	614	(8) "Sexually violent offense" means:
615	615	(A) an offense under Section 21.02, 21.11(a)(1),
616	616	22.011, or 22.021, Penal Code;
617	617	(B) an offense under Section 20.04(a)(4), Penal
618	618	Code, if the person committed the offense with the intent to violate
619	619	or abuse the victim sexually;
620	620	(C) an offense under Section 30.02, Penal Code,
621	621	if the offense is punishable under Subsection (d) of that section
622	622	and the person entered the habitation [committed the offense] with
623	623	the intent to commit an offense listed in Paragraph (A) or (B) or
624	624	committed or attempted to commit an offense listed in Paragraph (A)
625	625	or (B);
626	626	(D) an offense under Section 19.02 or 19.03,
627	627	Penal Code, that, during the guilt or innocence phase or the
628	628	punishment phase for the offense, during the adjudication or
629	629	disposition of delinquent conduct constituting the offense, or
630	630	subsequently during a civil commitment proceeding under Subchapter
631	631	D, is determined beyond a reasonable doubt to have been based on
632	632	sexually motivated conduct;
633	633	(E) an attempt, conspiracy, or solicitation, as
634	634	defined by Chapter 15, Penal Code, to commit an offense listed in
635	635	Paragraph (A), (B), (C), or (D);
636	636	(F) an offense under prior state law that
637	637	contains elements substantially similar to the elements of an
638	638	offense listed in Paragraph (A), (B), (C), (D), or (E); or
639	639	(G) an offense under the law of another state,
640	640	federal law, or the Uniform Code of Military Justice that contains
641	641	elements substantially similar to the elements of an offense listed
642	642	in Paragraph (A), (B), (C), (D), or (E).
643	643	SECTION 22. Section 841.042, Health and Safety Code, is
644	644	amended to read as follows:
645	645	Sec. 841.042. ASSISTANCE FROM SPECIAL PROSECUTION UNIT. On
646	646	request of the attorney representing the state, the special
647	647	prosecution unit shall provide legal, financial, and technical
648	648	assistance to the attorney for a [civil commitment] proceeding
649	649	conducted under this chapter.
650	650	SECTION 23. Section 841.0834, Health and Safety Code, is
651	651	amended to read as follows:
652	652	Sec. 841.0834. MOVEMENT BETWEEN PROGRAMMING TIERS. (a)
653	653	The office shall transfer between programming tiers a committed
654	654	person required to reside in a total confinement facility [to less
655	655	restrictive housing and supervision] if the transfer is in the best
656	656	interests of the person and conditions can be imposed that
657	657	adequately protect the community.
658	658	(b) Without the office's approval, a committed person may
659	659	file a petition with the court for transfer to the next less
660	660	restrictive tier [housing and supervision]. The court shall deny
661	661	the transfer if the petition is filed before the 180th day after the
662	662	date an order was entered under Subchapter D, F, or G or a previous
663	663	order was entered under this section. The court shall grant the
664	664	transfer if the court determines by clear and convincing evidence
665	665	that the transfer is in the best interests of the person and that
666	666	the office can impose conditions [can be imposed] that adequately
667	667	protect the community.
668	668	(c) A committed person who files a petition under Subsection
669	669	(b) [this subsection] shall serve a copy of the petition on the
670	670	office and the attorney representing the state.
671	671	(d) [(c)] The office shall transfer [return] a committed
672	672	person who is not required to reside in a total confinement facility
673	673	back [has been transferred to less restrictive housing and
674	674	supervision] to a more restrictive setting in a total confinement
675	675	facility if the office considers the transfer necessary to further
676	676	treatment and to protect the community. The decision to transfer
677	677	the person must be based on the person's behavior or progress in
678	678	treatment.
679	679	(e) [(d)] Not later than the 90th day after the date a
680	680	committed person is returned to a more restrictive setting in a
681	681	total confinement facility under Subsection (d) [(c)], the
682	682	committing court shall hold a hearing via videoconference to review
683	683	the office's determination. The court shall order the office to
684	684	transfer the person to a less restrictive tier [housing and
685	685	supervision] only if the court determines by clear and convincing
686	686	evidence that the office's determination was not made in accordance
687	687	with Subsection (d) [(c)]. The committed person may waive the right
688	688	to a hearing under this subsection.
689	689	SECTION 24. Section 841.0838, Health and Safety Code, is
690	690	amended to read as follows:
691	691	Sec. 841.0838. USE OF RESTRAINTS. (a) An employee of the
692	692	office, or a person who contracts with the office or an employee of
693	693	that person, may use mechanical [or chemical] restraints on a
694	694	committed person residing in a civil commitment center or while
695	695	transporting a committed person who resides at the center only if:
696	696	(1) the employee or person completes a training
697	697	program approved by the office on the use of mechanical restraints
698	698	that:
699	699	(A) includes instruction on the office's
700	700	approved mechanical restraint techniques and devices and the
701	701	office's verbal de-escalation policies, procedures, and practices;
702	702	and
703	703	(B) requires the employee or person to
704	704	demonstrate competency in the use of the mechanical restraint
705	705	techniques and devices; and
706	706	(2) the mechanical restraint is:
707	707	(A) considered necessary to maintain the safety
708	708	and security of the center or staff [used as a last resort];
709	709	(B) considered necessary to maintain the safety
710	710	of the public [necessary to stop or prevent:
711	711	[(i) imminent physical injury to the
712	712	committed person or another;
713	713	[(ii) threatening behavior by the committed
714	714	person while the person is using or exhibiting a weapon;
715	715	[(iii) a disturbance by a group of
716	716	committed persons; or
717	717	[(iv) an absconsion from the center]; and
718	718	(C) the least restrictive restraint necessary,
719	719	used for the minimum duration necessary[, to prevent the injury,
720	720	property damage, or absconsion].
721	721	(b) An employee of the office, or a person who contracts
722	722	with the office or an employee of that person, may use chemical
723	723	restraints on a committed person residing in a civil commitment
724	724	center or while transporting a committed person who resides at the
725	725	center only if:
726	726	(1) the employee or person completes a training
727	727	program approved by the office on the use of chemical restraints
728	728	that:
729	729	(A) includes instruction on the office's
730	730	approved chemical restraint techniques and devices and the office's
731	731	verbal de-escalation policies, procedures, and practices; and
732	732	(B) requires the employee or person to
733	733	demonstrate competency in the use of chemical restraint techniques
734	734	and devices; and
735	735	(2) the chemical restraint is:
736	736	(A) used as a last resort;
737	737	(B) necessary to prevent or stop:
738	738	(i) physical injury to the committed person
739	739	or another;
740	740	(ii) threatening behavior by the committed
741	741	person;
742	742	(iii) a disturbance by a group of committed
743	743	persons; or
744	744	(iv) an absconsion from the center; and
745	745	(C) the least restrictive restraint necessary,
746	746	used for the minimum duration necessary, to prevent injury,
747	747	property damage, or absconsion.
748	748	(c) The office shall develop procedures governing the use of
749	749	mechanical or chemical restraints on committed persons.
750	750	SECTION 25. Section 841.102(c), Health and Safety Code, is
751	751	amended to read as follows:
752	752	(c) The judge shall set a hearing if the judge determines by
753	753	a preponderance of the evidence at the biennial review that:
754	754	(1) a requirement imposed on the person under this
755	755	chapter should be modified; or
756	756	(2) [probable cause exists to believe that] the
757	757	person's behavioral abnormality has changed to the extent that the
758	758	person is no longer likely to engage in a predatory act of sexual
759	759	violence.
760	760	SECTION 26. Sections 841.123(a), (c), and (d), Health and
761	761	Safety Code, are amended to read as follows:
762	762	(a) If the committed person files a petition for release
763	763	without the office's authorization, the person shall serve the
764	764	petition on the court, [and] the attorney representing the state,
765	765	and the office.
766	766	(c) Except as provided by Subsection (d), the judge shall
767	767	deny without a hearing a petition for release filed without the
768	768	office's authorization if [the petition is frivolous or if]:
769	769	(1) the judge determines by a preponderance of the
770	770	evidence that [petitioner previously filed without the office's
771	771	authorization another petition for release; and
772	772	[(2) the judge determined on review of the previous
773	773	petition or following a hearing that:
774	774	[(A) the petition was frivolous; or
775	775	[(B)] the petitioner's behavioral abnormality
776	776	has [had] not changed to the extent that the petitioner is [was] no
777	777	longer likely to engage in a predatory act of sexual violence; or
778	778	(2) the petitioner has filed the petition for release
779	779	before the 180th day after the date an order was entered under
780	780	Subchapter D or F or a previous order was entered under this
781	781	section.
782	782	(d) The judge is not required to deny a petition under
783	783	Subsection (c)(2) if the judge determines by a preponderance of the
784	784	evidence [probable cause exists to believe] that the petitioner's
785	785	behavioral abnormality has changed to the extent that the
786	786	petitioner is no longer likely to engage in a predatory act of
787	787	sexual violence.
788	788	SECTION 27. Chapter 841, Health and Safety Code, is amended
789	789	by adding Subchapter I to read as follows:
790	790	SUBCHAPTER I. ADMINISTRATION OF CERTAIN MEDICATION TO CERTAIN
791	791	SEXUALLY VIOLENT PREDATORS
792	792	Sec. 841.201. DEFINITIONS. In this subchapter:
793	793	(1) "Capacity" means a committed person's ability to:
794	794	(A) understand the nature and consequences of a
795	795	proposed treatment, including the benefits, risks, and
796	796	alternatives to the proposed treatment; and
797	797	(B) make a decision whether to undergo the
798	798	proposed treatment.
799	799	(2) "Medication-related emergency" means a situation
800	800	in which it is immediately necessary to administer medication to a
801	801	committed person to prevent:
802	802	(A) imminent probable death or substantial
803	803	bodily harm to the committed person because the committed person:
804	804	(i) overtly or continually is threatening
805	805	or attempting to commit suicide or serious bodily harm; or
806	806	(ii) is behaving in a manner that indicates
807	807	that the committed person is unable to satisfy the committed
808	808	person's need for nourishment, essential medical care, or
809	809	self-protection; or
810	810	(B) imminent physical or emotional harm to
811	811	another because of threats, attempted acts, or acts the committed
812	812	person overtly or continually makes or commits.
813	813	(3) "Psychoactive medication" has the meaning
814	814	assigned by Section 574.101.
815	815	Sec. 841.202. ADMINISTRATION OF MEDICATION TO COMMITTED
816	816	PERSON. A person may not administer a psychoactive medication to a
817	817	committed person who refuses to take the medication voluntarily
818	818	unless:
819	819	(1) the committed person is having a
820	820	medication-related emergency; or
821	821	(2) the committed person is under an order issued
822	822	under Section 841.205 authorizing the administration of medication
823	823	regardless of the committed person's refusal.
824	824	Sec. 841.203. PHYSICIAN'S APPLICATION FOR ORDER TO
825	825	AUTHORIZE PSYCHOACTIVE MEDICATION; DATE OF HEARING. (a) A
826	826	physician who is treating a committed person may, on behalf of the
827	827	state, file an application in a probate court or a court with
828	828	probate jurisdiction for an order to authorize the administration
829	829	of a psychoactive medication regardless of the committed person's
830	830	refusal if:
831	831	(1) the physician believes that the committed person
832	832	lacks the capacity to make a decision regarding the administration
833	833	of the psychoactive medication;
834	834	(2) the physician determines that the medication is
835	835	the proper course of treatment for the committed person;
836	836	(3) the committed person is receiving mental health
837	837	services under Section 841.0835 or other law; and
838	838	(4) the committed person, verbally or by other
839	839	indication, refuses to take the medication voluntarily.
840	840	(b) An application filed under this section must state:
841	841	(1) that the physician believes that the committed
842	842	person lacks the capacity to make a decision regarding
843	843	administration of the psychoactive medication and the reasons for
844	844	that belief;
845	845	(2) each medication the physician wants the court to
846	846	compel the committed person to take;
847	847	(3) whether the committed person is receiving mental
848	848	health services under Section 841.0835 or other law;
849	849	(4) the physician's diagnosis of the committed person;
850	850	and
851	851	(5) the proposed method for administering the
852	852	medication and, if the method is not customary, an explanation
853	853	justifying the departure from the customary methods.
854	854	(c) An application filed under this section is separate from
855	855	an application for court-ordered mental health services.
856	856	(d) A hearing on the application must be held not later than
857	857	the 30th day after the date the application was filed. If the
858	858	committed person is transferred to a mental health facility in
859	859	another county, the court may transfer the application to the
860	860	county where the committed person has been transferred.
861	861	(e) Subject to the requirement in Subsection (d) that the
862	862	hearing be held not later than the 30th day after the date the
863	863	application was filed, the court may grant one continuance on a
864	864	party's motion and for good cause shown. The court may grant more
865	865	than one continuance only with the agreement of the parties.
866	866	Sec. 841.204. RIGHTS OF COMMITTED PERSON. A committed
867	867	person for whom an application under Section 841.203 is filed is
868	868	entitled to:
869	869	(1) representation by a court-appointed attorney who
870	870	is knowledgeable about issues to be adjudicated at the hearing;
871	871	(2) meet with that attorney as soon as is practicable
872	872	to prepare for the hearing and to discuss any of the committed
873	873	person's questions or concerns;
874	874	(3) receive, immediately after the time of the hearing
875	875	is set, a copy of the application and written notice of the time,
876	876	place, and date of the hearing;
877	877	(4) be told, at the time personal notice of the hearing
878	878	is given, of the committed person's right to a hearing and right to
879	879	the assistance of an attorney to prepare for the hearing and to
880	880	answer any questions or concerns;
881	881	(5) be present at the hearing;
882	882	(6) request from the court an independent expert; and
883	883	(7) be notified orally, at the conclusion of the
884	884	hearing, of the court's determinations of the committed person's
885	885	capacity and best interests.
886	886	Sec. 841.205. HEARING AND ORDER AUTHORIZING PSYCHOACTIVE
887	887	MEDICATION. (a) The court may issue an order authorizing the
888	888	administration of one or more classes of psychoactive medication to
889	889	a committed person who is receiving mental health services under
890	890	Section 841.0835 or other law.
891	891	(b) The court may issue an order under this section only if
892	892	the court finds by clear and convincing evidence after a hearing
893	893	that the committed person:
894	894	(1) lacks the capacity to make a decision regarding
895	895	the administration of the proposed medication and treatment with
896	896	the proposed medication is in the best interest of the committed
897	897	person; or
898	898	(2) as determined under Section 841.206, presents a
899	899	danger to the committed person or others in the civil commitment
900	900	center in which the committed person is being treated.
901	901	(c) In making the finding that treatment with the proposed
902	902	medication is in the best interest of the committed person, the
903	903	court shall consider:
904	904	(1) the committed person's expressed preferences
905	905	regarding treatment with psychoactive medication;
906	906	(2) the committed person's religious beliefs;
907	907	(3) the risks and benefits, from the perspective of
908	908	the committed person, of taking psychoactive medication;
909	909	(4) the consequences to the committed person if the
910	910	psychoactive medication is not administered;
911	911	(5) the prognosis for the committed person if the
912	912	committed person is treated with psychoactive medication;
913	913	(6) alternative, less intrusive treatments that are
914	914	likely to produce the same results as treatment with psychoactive
915	915	medication; and
916	916	(7) less intrusive treatments likely to secure the
917	917	committed person's agreement to take the psychoactive medication.
918	918	(d) A hearing under this subchapter shall be conducted on
919	919	the record by the probate judge or judge with probate jurisdiction,
920	920	except as provided by Subsection (e).
921	921	(e) A judge may refer a hearing to a magistrate or
922	922	court-appointed associate judge who has training regarding
923	923	psychoactive medications. The magistrate or associate judge may
924	924	provide the notice, set hearing dates, and appoint attorneys as
925	925	required by this subchapter. A record is not required if the
926	926	hearing is held by a magistrate or court-appointed associate judge.
927	927	(f) A party is entitled to a hearing de novo by the judge if
928	928	an appeal of the magistrate's or associate judge's report is filed
929	929	with the court not later than the third day after the date the
930	930	report is issued. The hearing de novo must be held not later than
931	931	the 30th day after the date the application under Section 841.203
932	932	was filed.
933	933	(g) If a hearing or an appeal of a magistrate's or associate
934	934	judge's report is to be held in a county court in which the judge is
935	935	not a licensed attorney, the committed person or the committed
936	936	person's attorney may request that the proceeding be transferred to
937	937	a court with a judge who is licensed to practice law in this state.
938	938	The county judge shall transfer the case after receiving the
939	939	request, and the receiving court shall hear the case as if it had
940	940	been originally filed in that court.
941	941	(h) As soon as practicable after the conclusion of the
942	942	hearing, the committed person is entitled to have provided to the
943	943	committed person and the committed person's attorney written
944	944	notification of the court's determinations under this section. The
945	945	notification must include a statement of the evidence on which the
946	946	court relied and the reasons for the court's determinations.
947	947	(i) An order issued under this section shall authorize the
948	948	administration to a committed person, regardless of the committed
949	949	person's refusal, of one or more classes of psychoactive
950	950	medications specified in the application and consistent with the
951	951	committed person's diagnosis. The order shall permit an increase
952	952	or decrease in a medication's dosage, continuation of medication
953	953	authorized but discontinued during the period the order is valid,
954	954	or the substitution of a medication within the same class.
955	955	(j) The classes of psychoactive medications in the order
956	956	must conform to classes determined by the Health and Human Services
957	957	Commission.
958	958	(k) An order issued under this section may be reauthorized
959	959	or modified on the petition of a party. The order remains in effect
960	960	pending action on a petition for reauthorization or modification.
961	961	For the purpose of this subsection, "modification" means a change
962	962	of a class of medication authorized in the order.
963	963	Sec. 841.206. FINDING THAT COMMITTED PERSON PRESENTS A
964	964	DANGER. In making a finding under Section 841.205(b)(2) that the
965	965	committed person presents a danger to the committed person or
966	966	others in the civil commitment center in which the committed person
967	967	is being treated, the court shall consider:
968	968	(1) an assessment of the committed person's present
969	969	mental condition;
970	970	(2) whether the committed person has inflicted,
971	971	attempted to inflict, or made a serious threat of inflicting
972	972	substantial physical or emotional harm to the committed person's
973	973	self or to another while in the center; and
974	974	(3) whether the committed person, in the 180-day
975	975	period preceding the date the committed person was placed in the
976	976	center, has inflicted, attempted to inflict, or made a serious
977	977	threat of inflicting substantial physical or emotional harm to
978	978	another.
979	979	Sec. 841.207. COSTS. (a) The court shall order the payment
980	980	of reasonable compensation to attorneys, physicians, language
981	981	interpreters, sign interpreters, and associate judges appointed
982	982	under this subchapter. The compensation paid shall be assessed as
983	983	court costs.
984	984	(b) The agency responsible for services under Section
985	985	841.0835(a) shall pay as provided by Subsection (a) the costs of a
986	986	hearing held under Section 841.205 regarding an order for the
987	987	administration of psychoactive medication to a committed person.
988	988	Sec. 841.208. APPEAL. (a) An appeal from an order issued
989	989	under Section 841.205, or from a renewal or modification of an
990	990	order, must be filed in the court of appeals for the county in which
991	991	the order is issued.
992	992	(b) Notice of appeal must be filed not later than the 10th
993	993	day after the date on which the order is issued.
994	994	(c) When an appeal is filed, the clerk shall immediately
995	995	send a certified transcript of the proceedings to the court of
996	996	appeals.
997	997	(d) An order issued under Section 841.205 is effective
998	998	pending an appeal of the order.
999	999	(e) The court of appeals and supreme court shall give an
1000	1000	appeal under this section preference over all other cases and shall
1001	1001	advance the appeal on the docket. The courts may suspend all rules
1002	1002	relating to the time for filing briefs and docketing cases.
1003	1003	Sec. 841.209. EXPIRATION OF ORDER. An order issued under
1004	1004	Section 841.205 expires on the first anniversary of the date the
1005	1005	order was issued.
1006	1006	SECTION 28. The changes in law made by this Act in amending
1007	1007	Sections 20.02, 21.07, 21.08, 22.01, and 38.11, Penal Code, apply
1008	1008	only to an offense committed on or after the effective date of this
1009	1009	Act. An offense committed before the effective date of this Act is
1010	1010	governed by the law in effect on the date the offense was committed,
1011	1011	and the former law is continued in effect for that purpose. For
1012	1012	purposes of this section, an offense was committed before the
1013	1013	effective date of this Act if any element of the offense occurred
1014	1014	before that date.
1015	1015	SECTION 29. Chapter 14A, Civil Practice and Remedies Code,
1016	1016	as added by this Act, applies only to an action filed on or after the
1017	1017	effective date of this Act.
1018	1018	SECTION 30. Chapter 78B, Civil Practice and Remedies Code,
1019	1019	as added by this Act, applies only to a cause of action that accrues
1020	1020	on or after the effective date of this Act.
1021	1021	SECTION 31. Subchapter I, Chapter 841, Health and Safety
1022	1022	Code, as added by this Act, applies to a hearing ordering the
1023	1023	administration of psychoactive medication to a committed person
1024	1024	under that chapter that occurs on or after the effective date of
1025	1025	this Act, regardless of whether the applicable conduct of the
1026	1026	committed person being evaluated for that purpose occurred before,
1027	1027	on, or after the effective date of this Act.
1028	1028	SECTION 32. This Act takes effect September 1, 2023.
1029	1029	______________________________ ______________________________
1030	1030	President of the Senate Speaker of the House
1031	1031	I hereby certify that S.B. No. 1179 passed the Senate on
1032	1032	April 20, 2023, by the following vote: Yeas 31, Nays 0.
1033	1033	______________________________
1034	1034	Secretary of the Senate
1035	1035	I hereby certify that S.B. No. 1179 passed the House on
1036	1036	May 17, 2023, by the following vote: Yeas 142, Nays 2, one
1037	1037	present not voting.
1038	1038	______________________________
1039	1039	Chief Clerk of the House
1040	1040	Approved:
1041	1041	______________________________
1042	1042	Date
1043	1043	______________________________
1044	1044	Governor