H.B. No. 3342
 
 
 
 
AN ACT
  relating to representation of and by the state and joinder of the
  state in certain mental health proceedings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 571.016, Health and Safety Code, is
  amended to read as follows:
         Sec. 571.016.  REPRESENTATION OF STATE. Unless specified
  otherwise, in a hearing held under this subtitle, including a
  hearing held under Subchapter G, Chapter 574:
               (1)  the county attorney shall represent the state; or
               (2)  if the county has no county attorney, the district
  attorney, the criminal district attorney, or a court-appointed
  special prosecutor shall represent the state.
         SECTION 2.  Chapter 571, Health and Safety Code, is amended
  by adding Section 571.0167 to read as follows:
         Sec. 571.0167.  HABEAS CORPUS PROCEEDINGS. (a)  A petition
  for a writ of habeas corpus arising from a commitment order must be
  filed in the court of appeals for the county in which the order is
  entered.
         (b)  The state shall be made a party in a habeas corpus
  proceeding described in Subsection (a).  The appropriate attorney
  prescribed by Section 571.016 shall represent the state.
         (c)  In a habeas corpus proceeding in which a state inpatient
  mental health facility or a physician employed by a state inpatient
  mental health facility is a party as a result of enforcing a
  commitment order, the appropriate attorney prescribed by Section
  571.016 shall represent the facility or physician, or both the
  facility and physician if both are parties, unless the attorney
  determines that representation violates the Texas Disciplinary
  Rules of Professional Conduct.
         SECTION 3.  The change in law made by this Act applies only
  to a hearing or proceeding that commences on or after the effective
  date of this Act. A hearing or proceeding that commences before the
  effective date of this Act is governed by the law in effect on the
  date the hearing or proceeding commenced, and the former law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3342 was passed by the House on May 3,
  2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3342 on May 21, 2011, by the following vote:  Yeas 141, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3342 was passed by the Senate, with
  amendments, on May 18, 2011, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor