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A BILL TO BE ENTITLED
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AN ACT
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relating to representation of and by the state and joinder of the |
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state in certain mental health proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.016, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 571.016. REPRESENTATION OF STATE. Unless specified |
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otherwise, in a hearing held under this subtitle, including a |
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hearing held under Subchapter G, Chapter 574: |
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(1) the county attorney shall represent the state; or |
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(2) if the county has no county attorney, the district |
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attorney, the criminal district attorney, or a court-appointed |
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special prosecutor shall represent the state. |
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SECTION 2. Chapter 571, Health and Safety Code, is amended |
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by adding Section 571.0167 to read as follows: |
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Sec. 571.0167. HABEAS CORPUS PROCEEDINGS. (a) The state |
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shall be made a party in a habeas corpus proceeding in which an |
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inpatient mental health facility or physician is a party as a result |
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of enforcing a commitment order. |
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(b) In a habeas corpus proceeding described in Subsection |
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(a), the appropriate attorney prescribed by Section 571.016 shall |
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represent the inpatient mental facility or physician and the state. |
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SECTION 3. The change in law made by this Act applies only |
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to a hearing or proceeding that commences on or after the effective |
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date of this Act. A hearing or proceeding that commences before the |
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effective date of this Act is governed by the law in effect on the |
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date the hearing or proceeding commenced, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |