S.B. No. 778
 
 
 
 
AN ACT
  relating to the use of certain technology to conduct certain mental
  health proceedings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 573.012, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsections (h) and
  (i) to read as follows:
         (a)  Except as provided by Subsection (h), an [An] applicant
  for emergency detention must present the application personally to
  a judge or magistrate. The judge or magistrate shall examine the
  application and may interview the applicant. Except as provided by
  Subsection (g), the judge of a court with probate jurisdiction by
  administrative order may provide that the application must be:
               (1)  presented personally to the court; or
               (2)  retained by court staff and presented to another
  judge or magistrate as soon as is practicable if the judge of the
  court is not available at the time the application is presented.
         (h)  A judge or magistrate may permit an applicant who is a
  physician to present an application by secure electronic means,
  including satellite transmission, closed-circuit television
  transmission, or any other method of two-way electronic
  communication that:
               (1)  is secure;
               (2)  is available to the judge or magistrate; and
               (3)  provides for a simultaneous, compressed
  full-motion video and interactive communication of image and sound
  between the judge or magistrate and the applicant.
         (i)  The judge or magistrate shall provide for a recording of
  the presentation of an application under Subsection (h) to be made
  and preserved until the patient or proposed patient has been
  released or discharged. The patient or proposed patient may obtain
  a copy of the recording on payment of a reasonable amount to cover
  the costs of reproduction or, if the patient or proposed patient is
  indigent, the court shall provide a copy on the request of the
  patient or proposed patient without charging a cost for the copy.
         SECTION 2.  The heading to Subchapter I, Chapter 574, Health
  and Safety Code, is amended to read as follows:
  SUBCHAPTER I.  USE OF VIDEO TECHNOLOGY [TESTIMONY BY
  CLOSED-CIRCUIT VIDEO TELECONFERENCING] AT PROCEEDINGS
         SECTION 3.  Subchapter I, Chapter 574, Health and Safety
  Code, is amended by adding Section 574.203 to read as follows:
         Sec. 574.203.  USE OF SECURE ELECTRONIC COMMUNICATION METHOD
  IN CERTAIN PROCEEDINGS UNDER THIS CHAPTER.  (a)  A hearing may be
  conducted in accordance with this chapter but conducted by secure
  electronic means, including satellite transmission, closed-circuit
  television transmission, or any other method of two-way electronic
  communication that is secure, available to the parties, approved by
  the court, and capable of visually and audibly recording the
  proceedings, if:
               (1)  written consent to the use of a secure electronic
  communication method for the hearing is filed with the court by:
                     (A)  the proposed patient or the attorney
  representing the proposed patient; and
                     (B)  the county or district attorney, as
  appropriate;
               (2)  the secure electronic communication method
  provides for a simultaneous, compressed full-motion video, and
  interactive communication of image and sound among the judge,
  associate judge, or master, the county or district attorney, the
  attorney representing the proposed patient, and the proposed
  patient; and
               (3)  on request of the proposed patient or the attorney
  representing the proposed patient, the proposed patient and the
  attorney can communicate privately without being recorded or heard
  by the judge, associate judge, or master or the county or district
  attorney.
         (b)  On the motion of the patient or proposed patient, the
  attorney representing the patient or proposed patient, or the
  county or district attorney or on the court's own motion, the court
  may terminate an appearance made through a secure electronic
  communication method at any time during the appearance and require
  an appearance by the patient or proposed patient in open court.
         (c)  The court shall provide for a recording of the
  communication to be made and preserved until any appellate
  proceedings have been concluded. The patient or proposed patient
  may obtain a copy of the recording on payment of a reasonable amount
  to cover the costs of reproduction or, if the patient or proposed
  patient is indigent, the court shall provide a copy on the request
  of the patient or proposed patient without charging a cost for the
  copy.
         SECTION 4.  This Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 778 passed the Senate on
  April 12, 2007, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 24, 2007, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 778 passed the House, with
  amendment, on May 23, 2007, by the following vote: Yeas 144,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor