Texas 2025 - 89th Regular

Texas House Bill HB171 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R19 MPF-D
2	2		By: Guillen H.B. No. 171
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5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the certificate of medical examination for chemical
8	10		dependency and the duration of court-ordered treatment for a person
9	11		with a chemical dependency.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. This Act may be cited as the Anell Borrego Act.
12	14		SECTION 2. Section 462.001, Health and Safety Code, is
13	15		amended by adding Subdivision (4) to read as follows:
14	16		(4) "Commission" means the Health and Human Services
15	17		Commission.
16	18		SECTION 3. Section 462.064(c), Health and Safety Code, is
17	19		amended to read as follows:
18	20		(c) A certificate must be dated and signed by the examining
19	21		physician. The certificate must include:
20	22		(1) the name and address of the examining physician;
21	23		(2) the name and address of the proposed patient;
22	24		(3) the date and place of the examination;
23	25		(4) the period, if any, during which the proposed
24	26		patient has been under the care of the examining physician;
25	27		(5) an accurate description of the treatment, if any,
26	28		given by or administered under the direction of the examining
27	29		physician; and
28	30		(6) the examining physician's opinion stating
29	31		[opinions whether] the proposed patient is a person with a chemical
30	32		dependency and, as a result of that chemical dependency:
31	33		(A) is likely to cause serious harm to the
32	34		person;
33	35		(B) is likely to cause serious harm to others; or
34	36		(C) will continue to suffer abnormal mental,
35	37		emotional, or physical distress and to deteriorate in ability to
36	38		function independently if not treated and is unable to make a
37	39		rational and informed choice as to whether or not to submit to
38	40		treatment.
39	41		SECTION 4. Section 462.069(a), Health and Safety Code, is
40	42		amended to read as follows:
41	43		(a) Except as provided by Section 462.080(b), the [The]
42	44		court shall commit the proposed patient to a treatment facility
43	45		approved by the commission [department] to accept court commitments
44	46		for at least 60 days but not more than 90 days if:
45	47		(1) the proposed patient admits the allegations of the
46	48		application; or
47	49		(2) at the hearing on the merits, the court or jury
48	50		finds that the material allegations in the application have been
49	51		proved by clear and convincing evidence.
50	52		SECTION 5. Section 462.075(f), Health and Safety Code, is
51	53		amended to read as follows:
52	54		(f) Except as provided by Section 462.080(b), the [The]
53	55		court shall commit the proposed patient to a treatment facility
54	56		approved by the commission [department] to accept commitments for
55	57		at least 60 days but not more than 90 days if:
56	58		(1) the proposed patient admits the allegations of the
57	59		application; or
58	60		(2) at the hearing on the merits, the court or jury
59	61		finds that the material allegations in the application have been
60	62		proved by clear and convincing evidence.
61	63		SECTION 6. Section 462.080(b), Health and Safety Code, is
62	64		amended to read as follows:
63	65		(b) The administrator may discharge a patient before the
64	66		court order expires if the administrator or physician treating the
65	67		patient determines that the patient no longer meets the criteria
66	68		for court-ordered treatment.
67	69		SECTION 7. Sections 462.081(a) and (d), Health and Safety
68	70		Code, are amended to read as follows:
69	71		(a) Except as provided by Section 462.080(b), the [The]
70	72		judge of a court with jurisdiction of misdemeanor cases may remand
71	73		the defendant to a treatment facility approved by the commission
72	74		[department] to accept court commitments for care and treatment for
73	75		at least 60 days but not more than 90 days, instead of incarceration
74	76		or fine, if:
75	77		(1) the court or a jury has found the defendant guilty
76	78		of an offense classified as a Class A or B misdemeanor;
77	79		(2) the court finds that the offense resulted from or
78	80		was related to the defendant's chemical dependency;
79	81		(3) a treatment facility approved by the commission
80	82		[department] is available to treat the defendant; and
81	83		(4) the treatment facility agrees in writing to admit
82	84		the defendant under this section.
83	85		(d) Except as provided by Section 462.080(b), a [A] juvenile
84	86		court may remand a child to a treatment facility for care and
85	87		treatment for at least 60 days but not more than 90 days after the
86	88		date on which the child is remanded if:
87	89		(1) the court finds that the child has engaged in
88	90		delinquent conduct or conduct indicating a need for supervision and
89	91		that the conduct resulted from or was related to the child's
90	92		chemical dependency;
91	93		(2) a treatment facility approved by the commission
92	94		[department] to accept court commitments is available to treat the
93	95		child; and
94	96		(3) the facility agrees in writing to receive the
95	97		child under this section.
96	98		SECTION 8. The changes in law made by this Act apply only to
97	99		an application for court-ordered treatment for chemical dependency
98	100		that is filed on or after the effective date of this Act. An
99	101		application that is filed before the effective date of this Act is
100	102		governed by the law as it existed immediately before that date, and
101	103		that law is continued in effect for that purpose.
102	104		SECTION 9. This Act takes effect September 1, 2025.