Texas 2025 89th Regular

Texas House Bill HB899 Introduced / Bill

Filed 11/12/2024

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                    89R2133 CJD-F
 By: Jones of Harris H.B. No. 899




 A BILL TO BE ENTITLED
 AN ACT
 relating to the administration of medication to certain persons in
 the custody of a sheriff.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Article 46B.0825, Code of Criminal Procedure, is
 amended by amending Subsections (a) and (b) and adding Subsection
 (a-1) to read as follows:
 (a)  A sheriff or sheriff's deputy having custody of a
 defendant discharged from a facility, jail-based competency
 restoration program, or outpatient competency restoration program
 [for transportation as required by Article 46B.0805 or 46B.082 or
 during proceedings described by Article 46B.084] shall, according
 to information available at the time and unless directed otherwise
 by a physician treating the defendant:
 (1)  [,] ensure that the defendant is provided with the
 types and dosages of medication prescribed for the defendant; and
 (2)  in accordance with applicable law, compel the
 defendant to take all prescribed medication to ensure the
 defendant's continuity of care.
 (a-1)  If a defendant described by Subsection (a) is being
 treated with a psychotropic medication at the time the defendant is
 discharged, the sheriff or sheriff's deputy shall ensure that
 administration of the medication continues unless directed
 otherwise by the physician for the jail.  The jail physician must
 appropriately document the need for any discontinuation or other
 change in the use or amount of medication after consulting with the
 physician who treated the defendant at the facility or program to
 ensure that the change does not adversely affect the defendant's
 mental health or ability to continue with court proceedings.
 (b)  The commission shall reimburse [To the extent funds are
 appropriated for that purpose,] a sheriff for the cost of [is
 entitled to reimbursement from the state for] providing the
 medication required by this article [Subsection (a)].
 SECTION 2.  Article 46B.0825(c), Code of Criminal Procedure,
 is repealed.
 SECTION 3.  This Act takes effect September 1, 2025.