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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures in mental health cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 571.013, Health and Safety Code, is |
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amended to read as follows: |
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Section 571.013. METHOD OF GIVING NOTICE. Except as |
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otherwise provided by this subtitle, notice required under this |
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subtitle may be given by [a constable or sheriff] delivering a copy |
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of the notice or document in person or in another manner directed by |
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the court that is reasonably calculated to give actual notice. |
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SECTION 1. Section 571.014, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 571.014. FILING REQUIREMENTS. (a) Each application, |
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petition, certificate, or other paper permitted or required to be |
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filed in a probate court or court having probate jurisdiction under |
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this subtitle must be filed with the county clerk of the proper |
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county. |
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(b) The county clerk shall file each paper after endorsing |
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on it: |
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(1) the date on which the paper is filed; |
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(2) the docket number; and |
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(3) the clerk's official signature. |
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(c) A person may [initially] file a paper with the county |
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clerk by the use of reproduced, photocopied, or electronically |
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transmitted paper [if the person files the original signed copies
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of the paper with the clerk not later than the 72nd hour after the
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hour on which the initial filing is made. If the 72-
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hour period ends
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on a Saturday, Sunday, or legal holiday, the filing period is
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extended until 4 p.m. on the first succeeding business day. If
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extremely hazardous weather conditions exist or a disaster occurs,
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the presiding judge or magistrate may by written order made each day
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extend the filing period until 4 p.m. on the first succeeding
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business day. The written order must declare that an emergency
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exists because of the weather or the occurrence of a disaster. If a
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person detained under this subtitle would otherwise be released
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because the original signed copy of a paper is not filed within the
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72-hour period but for the extension of the filing period under this
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section, the person may be detained until the expiration of the
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extended filing period. This subsection does not affect another
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provision of this subtitle requiring the release or discharge of a
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person.] If the paper is filed by the use of reproduced, |
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photocopied, or electronically transmitted paper, the person shall |
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maintain the original paper and shall provide it to the parties or |
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the court upon request. |
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[(d)
If the clerk does not receive the original signed copy
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of a paper within the period prescribed by this section, the judge
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may dismiss the proceeding on the court's own motion or on the
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motion of a party and, if the proceeding is dismissed, shall order
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the immediate release of a proposed patient who is not at liberty.] |
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SECTION 3. Section 571.017, Health and Safety Code, is |
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amended to read as follows: |
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Section 571.017. [COMPENSATION OF COURT-APPOINTED PERSONNEL. |
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REPRESENTATION OF PROPOSED PATIENT. (a) [The court shall order the
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payment of reasonable compensation to attorneys, physicians,
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language interpreters, sign interpreters, and associate judges
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appointed under this subtitle. The court shall appoint a private |
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attorney or public defender to represent a proposed patient under |
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any proceeding under this subtitle. |
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(b) [The compensation shall be taxed as costs in the case.] |
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A court may with permission of the commissioners court create a |
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mental health public defenders office. A mental health public |
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defender of such office may be appointed by the court in lieu of a |
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private attorney. |
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SECTION 4. A new Section 571.0175, Health and Safety Code, |
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is added to read as follows: |
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Section 571.0175. COMPENSATION OF COURT-APPOINTED |
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PERSONNEL. (a) The court shall order the payment of reasonable |
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compensation to attorneys, physicians, language interpreters, sign |
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interpreters, and associate judges appointed under this subtitle. |
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(b) The compensation shall be taxed as costs in the case. |
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SECTION 5. Section 574.010, Health and Safety Code, is |
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amended to read as follows: |
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Section 574.010. INDEPENDENT PSYCHIATRIC EVALUATION AND |
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EXPERT TESTIMONY. (a) The court may order an independent |
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evaluation of the proposed patient by a psychiatrist chose by the |
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proposed patient if the court determines that the evaluation will |
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assist the finder of fact. The psychiatrist may testify on behalf of |
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the proposed patient. (b) If the court determines that that the |
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proposed patient is indigent, the court may authorize reimbursement |
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to the attorney [ad litem] for court-approved expenses incurred in |
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obtaining expert testimony and may order the proposed patient's |
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county of residence to pay the expenses. |
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SECTION 16. This Act takes effect September 1, 2017. |