| 1 | 1 | | 88R4694 MPF-F |
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| 2 | 2 | | By: Perry S.B. No. 295 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the payment by the state or a county of costs for |
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| 8 | 8 | | certain mental health hearings or proceedings. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 571.018(h) and (j), Health and Safety |
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| 11 | 11 | | Code, are amended to read as follows: |
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| 12 | 12 | | (h) The state or a county may not pay any costs for a patient |
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| 13 | 13 | | committed to a private mental hospital, other than a filing fee or |
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| 14 | 14 | | other cost associated with a hearing or proceeding under this |
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| 15 | 15 | | subtitle, unless: |
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| 16 | 16 | | (1) a public facility is not available; and |
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| 17 | 17 | | (2) the commissioners court of the county authorizes |
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| 18 | 18 | | the payment, if appropriate. |
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| 19 | 19 | | (j) The judge of a probate court shall order the clerk of the |
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| 20 | 20 | | court to refund court costs paid or advanced for a person by [When] |
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| 21 | 21 | | an inpatient mental health facility as defined under Section |
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| 22 | 22 | | 571.003(9)(A), (B), (D), or (E) on the filing of [571.003(9)(B) or |
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| 23 | 23 | | (E) files] an affidavit with the clerk of the court certifying that: |
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| 24 | 24 | | (1) the facility has received no compensation or |
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| 25 | 25 | | reimbursement for the treatment of the person; |
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| 26 | 26 | | (2) the facility provided treatment for the person |
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| 27 | 27 | | under a contract with a local mental health authority; or |
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| 28 | 28 | | (3) the facility provided treatment for the person and |
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| 29 | 29 | | the person is eligible for Medicaid benefits [it has received no |
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| 30 | 30 | | compensation or reimbursement for the treatment of a person for |
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| 31 | 31 | | whom court costs have been paid or advanced, the judge of the |
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| 32 | 32 | | probate court shall order the clerk of the court to refund the |
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| 33 | 33 | | costs]. |
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| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2023. |
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