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          AN ACT
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        relating to court-ordered mental health services. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Section 137.008(a), Civil Practice and Remedies  | 
      
      
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        Code, is amended to read as follows: | 
      
      
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               (a)  A physician or other health care provider may subject  | 
      
      
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        the principal to mental health treatment in a manner contrary to the  | 
      
      
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        principal's wishes as expressed in a declaration for mental health  | 
      
      
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        treatment only: | 
      
      
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                     (1)  if the principal is under an order for temporary or  | 
      
      
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        extended mental health services under Section 574.034, 574.0345,  | 
      
      
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			 | 
        [or] 574.035, or 574.0355, Health and Safety Code, and treatment is  | 
      
      
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        authorized in compliance with Section 574.106, Health and Safety  | 
      
      
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        Code; or | 
      
      
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                     (2)  in case of an emergency when the principal's  | 
      
      
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			 | 
        instructions have not been effective in reducing the severity of  | 
      
      
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        the behavior that has caused the emergency. | 
      
      
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               SECTION 2.  Article 16.22, Code of Criminal Procedure, is  | 
      
      
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        amended by amending Subsection (c) and adding Subsections (c-1),  | 
      
      
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        (c-2), and (c-3) to read as follows: | 
      
      
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               (c)  After the trial court receives the applicable expert's  | 
      
      
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        written assessment relating to the defendant under Subsection (b-1)  | 
      
      
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        or elects to use the results of a previous determination as  | 
      
      
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        described by Subsection (a)(2), the trial court may, as applicable: | 
      
      
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                     (1)  resume criminal proceedings against the  | 
      
      
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        defendant, including any appropriate proceedings related to the  | 
      
      
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        defendant's release on personal bond under Article 17.032 if the  | 
      
      
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        defendant is being held in custody; | 
      
      
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                     (2)  resume or initiate competency proceedings, if  | 
      
      
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        required, as provided by Chapter 46B [or other proceedings 
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          affecting the defendant's receipt of appropriate court-ordered 
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          mental health or intellectual disability services, including 
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          proceedings related to the defendant's receipt of outpatient mental 
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          health services under Section 574.034, Health and Safety Code]; | 
      
      
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                     (3)  consider the written assessment during the  | 
      
      
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        punishment phase after a conviction of the offense for which the  | 
      
      
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        defendant was arrested, as part of a presentence investigation  | 
      
      
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        report, or in connection with the impositions of conditions  | 
      
      
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        following placement on community supervision, including deferred  | 
      
      
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        adjudication community supervision; [or] | 
      
      
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                     (4)  refer the defendant to an appropriate specialty  | 
      
      
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        court established or operated under Subtitle K, Title 2, Government  | 
      
      
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        Code; or  | 
      
      
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                     (5)  if the offense charged does not involve an act,  | 
      
      
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        attempt, or threat of serious bodily injury to another person,  | 
      
      
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        release the defendant on bail while charges against the defendant  | 
      
      
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        remain pending and enter an order transferring the defendant to the  | 
      
      
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        appropriate court for court-ordered outpatient mental health  | 
      
      
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        services under Chapter 574, Health and Safety Code. | 
      
      
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               (c-1)  If an order is entered under Subsection (c)(5), an  | 
      
      
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        attorney representing the state shall file the application for  | 
      
      
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        court-ordered outpatient services under Chapter 574, Health and  | 
      
      
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        Safety Code. | 
      
      
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               (c-2)  On the motion of an attorney representing the state,  | 
      
      
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        if the court determines the defendant has complied with appropriate  | 
      
      
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        court-ordered outpatient treatment, the court may dismiss the  | 
      
      
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        charges pending against the defendant and discharge the defendant. | 
      
      
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               (c-3)  On the motion of an attorney representing the state,  | 
      
      
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        if the court determines the defendant has failed to comply with  | 
      
      
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        appropriate court-ordered outpatient treatment, the court shall  | 
      
      
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        proceed under this chapter or with the trial of the offense. | 
      
      
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               SECTION 3.  Section 55.13(d), Family Code, is amended to  | 
      
      
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        read as follows: | 
      
      
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               (d)  After conducting a hearing on an application under this  | 
      
      
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        section, the juvenile court shall: | 
      
      
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                     (1)  if the criteria under Section 574.034 or 574.0345,  | 
      
      
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        Health and Safety Code, are satisfied, order temporary mental  | 
      
      
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        health services for the child; or | 
      
      
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                     (2)  if the criteria under Section 574.035 or 574.0355,  | 
      
      
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        Health and Safety Code, are satisfied, order extended mental health  | 
      
      
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        services for the child. | 
      
      
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			 | 
               SECTION 4.  Section 55.38(b), Family Code, is amended to  | 
      
      
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        read as follows: | 
      
      
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               (b)  After conducting a hearing under Subsection (a)(2), the  | 
      
      
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        juvenile court shall: | 
      
      
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                     (1)  if the criteria under Section 574.034 or 574.0345,  | 
      
      
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        Health and Safety Code, are satisfied, order temporary mental  | 
      
      
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			 | 
        health services; or | 
      
      
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                     (2)  if the criteria under Section 574.035 or 574.0355,  | 
      
      
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        Health and Safety Code, are satisfied, order extended mental health  | 
      
      
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        services. | 
      
      
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               SECTION 5.  Section 55.57(b), Family Code, is amended to  | 
      
      
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        read as follows: | 
      
      
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               (b)  After conducting a hearing under Subsection (a)(2), the  | 
      
      
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        juvenile court shall: | 
      
      
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                     (1)  if the criteria under Section 574.034 or 574.0345,  | 
      
      
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			 | 
        Health and Safety Code, are satisfied, order temporary mental  | 
      
      
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			 | 
        health services; or | 
      
      
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                     (2)  if the criteria under Section 574.035 or 574.0355,  | 
      
      
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        Health and Safety Code, are satisfied, order extended mental health  | 
      
      
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        services. | 
      
      
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			 | 
               SECTION 6.  Subchapter B, Chapter 22, Government Code, is  | 
      
      
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        amended by adding Section 22.1106 to read as follows: | 
      
      
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			 | 
               Sec. 22.1106.  JUDICIAL INSTRUCTION RELATED TO  | 
      
      
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        COURT-ORDERED OUTPATIENT MENTAL HEALTH SERVICES.  The court of  | 
      
      
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        criminal appeals shall ensure that judicial training related to  | 
      
      
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        court-ordered outpatient mental health services is provided at  | 
      
      
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        least once every year.  The instruction may be provided at the  | 
      
      
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        annual Judicial Education Conference. | 
      
      
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               SECTION 7.  Section 501.057(b), Government Code, is amended  | 
      
      
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        to read as follows: | 
      
      
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               (b)  Not later than the 30th day before the initial parole  | 
      
      
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        eligibility date of an inmate identified as mentally ill, an  | 
      
      
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        institutional division psychiatrist shall examine the inmate.  The  | 
      
      
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        psychiatrist shall file a sworn application for court-ordered  | 
      
      
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        temporary mental health services under Chapter 574, Health and  | 
      
      
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        Safety Code, if the psychiatrist determines that the inmate is  | 
      
      
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        mentally ill and as a result of the illness the inmate meets at  | 
      
      
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        least one of the criteria listed in Section 574.034 or 574.0345,  | 
      
      
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        Health and Safety Code. | 
      
      
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               SECTION 8.  Section 574.002(c), Health and Safety Code, is  | 
      
      
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        amended to read as follows: | 
      
      
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               (c)  Any application must contain the following information  | 
      
      
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        according to the applicant's information and belief: | 
      
      
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                     (1)  the proposed patient's name and address; | 
      
      
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                     (2)  the proposed patient's county of residence in this  | 
      
      
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        state; | 
      
      
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                     (3)  a statement that the proposed patient is a person  | 
      
      
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        with mental illness and meets the criteria in Section 574.034,  | 
      
      
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        574.0345, [or] 574.035, or 574.0355 for court-ordered mental health  | 
      
      
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        services; and | 
      
      
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                     (4)  whether the proposed patient is charged with a  | 
      
      
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        criminal offense. | 
      
      
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               SECTION 9.  Section 574.031, Health and Safety Code, is  | 
      
      
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        amended by adding Subsections (d-1) and (d-2) to read as follows: | 
      
      
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               (d-1)  In a hearing for temporary inpatient or outpatient  | 
      
      
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        mental health services under Section 574.034 or 574.0345, the  | 
      
      
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        proposed patient or the proposed patient's attorney, by a written  | 
      
      
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        document filed with the court, may waive the right to cross-examine  | 
      
      
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        witnesses, and, if that right is waived, the court may admit, as  | 
      
      
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        evidence, the certificates of medical examination for mental  | 
      
      
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        illness.  The certificates admitted under this subsection  | 
      
      
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        constitute competent medical or psychiatric testimony, and the  | 
      
      
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        court may make its findings solely from the certificates.  If the  | 
      
      
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        proposed patient or the proposed patient's attorney does not waive  | 
      
      
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        in writing the right to cross-examine witnesses, the court shall  | 
      
      
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        proceed to hear testimony.  The testimony must include competent  | 
      
      
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        medical or psychiatric testimony. | 
      
      
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               (d-2)  In a hearing for extended inpatient or outpatient  | 
      
      
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        mental health services under Section 574.035 or 574.0355, the court  | 
      
      
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        may not make its findings solely from the certificates of medical  | 
      
      
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        examination for mental illness but shall hear testimony.  The court  | 
      
      
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        may not enter an order for extended mental health services unless  | 
      
      
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        appropriate findings are made and are supported by testimony taken  | 
      
      
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        at the hearing.  The testimony must include competent medical or  | 
      
      
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        psychiatric testimony. | 
      
      
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               SECTION 10.  The heading to Section 574.034, Health and  | 
      
      
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        Safety Code, is amended to read as follows: | 
      
      
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			 | 
               Sec. 574.034.  ORDER FOR TEMPORARY INPATIENT MENTAL HEALTH  | 
      
      
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			 | 
        SERVICES. | 
      
      
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               SECTION 11.  Sections 574.034(g) and (h), Health and Safety  | 
      
      
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        Code, are amended to read as follows: | 
      
      
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               (g)  An order for temporary inpatient [or outpatient] mental  | 
      
      
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			 | 
        health services shall provide for a period of treatment not to  | 
      
      
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			 | 
        exceed [state that treatment is authorized for not longer than] 45  | 
      
      
        | 
           
			 | 
        days, except that the order may specify a period not to exceed 90  | 
      
      
        | 
           
			 | 
        days if the judge finds that the longer period is necessary. | 
      
      
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               (h)  A judge may not issue an order for temporary inpatient  | 
      
      
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        [or outpatient] mental health services for a proposed patient who  | 
      
      
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			 | 
        is charged with a criminal offense that involves an act, attempt, or  | 
      
      
        | 
           
			 | 
        threat of serious bodily injury to another person. | 
      
      
        | 
           
			 | 
               SECTION 12.  Subchapter C, Chapter 574, Health and Safety  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 574.0345 to read as follows: | 
      
      
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			 | 
               Sec. 574.0345.  ORDER FOR TEMPORARY OUTPATIENT MENTAL HEALTH  | 
      
      
        | 
           
			 | 
        SERVICES.  (a)  The judge may order a proposed patient to receive  | 
      
      
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			 | 
        court-ordered temporary outpatient mental health services only if: | 
      
      
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			 | 
                     (1)  the judge finds that appropriate mental health  | 
      
      
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			 | 
        services are available to the proposed patient; and | 
      
      
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                     (2)  the judge or jury finds, from clear and convincing  | 
      
      
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			 | 
        evidence, that: | 
      
      
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                           (A)  the proposed patient is a person with severe  | 
      
      
        | 
           
			 | 
        and persistent mental illness; | 
      
      
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                           (B)  as a result of the mental illness, the  | 
      
      
        | 
           
			 | 
        proposed patient will, if not treated, experience deterioration of  | 
      
      
        | 
           
			 | 
        the ability to function independently to the extent that the  | 
      
      
        | 
           
			 | 
        proposed patient will be unable to live safely in the community  | 
      
      
        | 
           
			 | 
        without court-ordered outpatient mental health services; | 
      
      
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                           (C)  outpatient mental health services are needed  | 
      
      
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			 | 
        to prevent a relapse that would likely result in serious harm to the  | 
      
      
        | 
           
			 | 
        proposed patient or others; and | 
      
      
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                           (D)  the proposed patient has an inability to  | 
      
      
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			 | 
        participate in outpatient treatment services effectively and  | 
      
      
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        voluntarily, demonstrated by: | 
      
      
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                                 (i)  any of the proposed patient's actions  | 
      
      
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			 | 
        occurring within the two-year period that immediately precedes the  | 
      
      
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        hearing; or | 
      
      
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                                 (ii)  specific characteristics of the  | 
      
      
        | 
           
			 | 
        proposed patient's clinical condition that significantly impair  | 
      
      
        | 
           
			 | 
        the proposed patient's ability to make a rational and informed  | 
      
      
        | 
           
			 | 
        decision whether to submit to voluntary outpatient treatment. | 
      
      
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               (b)  To be clear and convincing under Subsection (a)(2), the  | 
      
      
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        evidence must include expert testimony and evidence of a recent  | 
      
      
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        overt act or a continuing pattern of behavior that tends to confirm: | 
      
      
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                     (1)  the deterioration of ability to function  | 
      
      
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        independently to the extent that the proposed patient will be  | 
      
      
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        unable to live safely in the community; | 
      
      
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			 | 
                     (2)  the need for outpatient mental health services to  | 
      
      
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			 | 
        prevent a relapse that would likely result in serious harm to the  | 
      
      
        | 
           
			 | 
        proposed patient or others; and | 
      
      
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                     (3)  the proposed patient's inability to participate in  | 
      
      
        | 
           
			 | 
        outpatient treatment services effectively and voluntarily. | 
      
      
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               (c)  An order for temporary outpatient mental health  | 
      
      
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        services shall state that treatment is authorized for not longer  | 
      
      
        | 
           
			 | 
        than 45 days, except that the order may specify a period not to  | 
      
      
        | 
           
			 | 
        exceed 90 days if the judge finds that the longer period is  | 
      
      
        | 
           
			 | 
        necessary. | 
      
      
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               (d)  A judge may not issue an order for temporary outpatient  | 
      
      
        | 
           
			 | 
        mental health services for a proposed patient who is charged with a  | 
      
      
        | 
           
			 | 
        criminal offense that involves an act, attempt, or threat of  | 
      
      
        | 
           
			 | 
        serious bodily injury to another person. | 
      
      
        | 
           
			 | 
               SECTION 13.  The heading to Section 574.035, Health and  | 
      
      
        | 
           
			 | 
        Safety Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 574.035.  ORDER FOR EXTENDED INPATIENT MENTAL HEALTH  | 
      
      
        | 
           
			 | 
        SERVICES. | 
      
      
        | 
           
			 | 
               SECTION 14.  Sections 574.035(d), (h), and (i), Health and  | 
      
      
        | 
           
			 | 
        Safety Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The jury or judge is not required to make the finding  | 
      
      
        | 
           
			 | 
        under Subsection (a)(4) [or (b)(2)(F)] if the proposed patient has  | 
      
      
        | 
           
			 | 
        already been subject to an order for extended mental health  | 
      
      
        | 
           
			 | 
        services. | 
      
      
        | 
           
			 | 
               (h)  An order for extended inpatient [or outpatient] mental  | 
      
      
        | 
           
			 | 
        health services must provide for a period of treatment not to exceed  | 
      
      
        | 
           
			 | 
        [shall state that treatment is authorized for not longer than] 12  | 
      
      
        | 
           
			 | 
        months.  [The order may not specify a shorter period.] | 
      
      
        | 
           
			 | 
               (i)  A judge may not issue an order for extended inpatient  | 
      
      
        | 
           
			 | 
        [or outpatient] mental health services for a proposed patient who  | 
      
      
        | 
           
			 | 
        is charged with a criminal offense that involves an act, attempt, or  | 
      
      
        | 
           
			 | 
        threat of serious bodily injury to another person. | 
      
      
        | 
           
			 | 
               SECTION 15.  Subchapter C, Chapter 574, Health and Safety  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 574.0355 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 574.0355.  ORDER FOR EXTENDED OUTPATIENT MENTAL HEALTH  | 
      
      
        | 
           
			 | 
        SERVICES.  (a)  The judge may order a proposed patient to receive  | 
      
      
        | 
           
			 | 
        court-ordered extended outpatient mental health services only if: | 
      
      
        | 
           
			 | 
                     (1)  the judge finds that appropriate mental health  | 
      
      
        | 
           
			 | 
        services are available to the proposed patient; and | 
      
      
        | 
           
			 | 
                     (2)  the judge or jury finds, from clear and convincing  | 
      
      
        | 
           
			 | 
        evidence, that: | 
      
      
        | 
           
			 | 
                           (A)  the proposed patient is a person with severe  | 
      
      
        | 
           
			 | 
        and persistent mental illness; | 
      
      
        | 
           
			 | 
                           (B)  as a result of the mental illness, the  | 
      
      
        | 
           
			 | 
        proposed patient will, if not treated, experience deterioration of  | 
      
      
        | 
           
			 | 
        the ability to function independently to the extent that the  | 
      
      
        | 
           
			 | 
        proposed patient will be unable to live safely in the community  | 
      
      
        | 
           
			 | 
        without court-ordered outpatient mental health services; | 
      
      
        | 
           
			 | 
                           (C)  outpatient mental health services are needed  | 
      
      
        | 
           
			 | 
        to prevent a relapse that would likely result in serious harm to the  | 
      
      
        | 
           
			 | 
        proposed patient or others; | 
      
      
        | 
           
			 | 
                           (D)  the proposed patient has an inability to  | 
      
      
        | 
           
			 | 
        participate in outpatient treatment services effectively and  | 
      
      
        | 
           
			 | 
        voluntarily, demonstrated by: | 
      
      
        | 
           
			 | 
                                 (i)  any of the proposed patient's actions  | 
      
      
        | 
           
			 | 
        occurring within the two-year period that immediately precedes the  | 
      
      
        | 
           
			 | 
        hearing; or | 
      
      
        | 
           
			 | 
                                 (ii)  specific characteristics of the  | 
      
      
        | 
           
			 | 
        proposed patient's clinical condition that significantly impair  | 
      
      
        | 
           
			 | 
        the proposed patient's ability to make a rational and informed  | 
      
      
        | 
           
			 | 
        decision whether to submit to voluntary outpatient treatment; | 
      
      
        | 
           
			 | 
                           (E)  the proposed patient's condition is expected  | 
      
      
        | 
           
			 | 
        to continue for more than 90 days; and | 
      
      
        | 
           
			 | 
                           (F)  the proposed patient has received: | 
      
      
        | 
           
			 | 
                                 (i)  court-ordered inpatient mental health  | 
      
      
        | 
           
			 | 
        services under this subtitle or under Subchapter D or E, Chapter  | 
      
      
        | 
           
			 | 
        46B, Code of Criminal Procedure, for a total of at least 60 days  | 
      
      
        | 
           
			 | 
        during the preceding 12 months; or | 
      
      
        | 
           
			 | 
                                 (ii)  court-ordered outpatient mental  | 
      
      
        | 
           
			 | 
        health services under this subtitle or under Subchapter D or E,  | 
      
      
        | 
           
			 | 
        Chapter 46B, Code of Criminal Procedure, during the preceding 60  | 
      
      
        | 
           
			 | 
        days. | 
      
      
        | 
           
			 | 
               (b)  The jury or judge is not required to make the finding  | 
      
      
        | 
           
			 | 
        under Subsection (a)(2)(F) if the proposed patient has already been  | 
      
      
        | 
           
			 | 
        subject to an order for extended mental health services. | 
      
      
        | 
           
			 | 
               (c)  To be clear and convincing under Subsection (a)(2), the  | 
      
      
        | 
           
			 | 
        evidence must include expert testimony and evidence of a recent  | 
      
      
        | 
           
			 | 
        overt act or a continuing pattern of behavior that tends to confirm: | 
      
      
        | 
           
			 | 
                     (1)  the deterioration of the ability to function  | 
      
      
        | 
           
			 | 
        independently to the extent that the proposed patient will be  | 
      
      
        | 
           
			 | 
        unable to live safely in the community;  | 
      
      
        | 
           
			 | 
                     (2)  the need for outpatient mental health services to  | 
      
      
        | 
           
			 | 
        prevent a relapse that would likely result in serious harm to the  | 
      
      
        | 
           
			 | 
        proposed patient or others; and | 
      
      
        | 
           
			 | 
                     (3)  the proposed patient's inability to participate in  | 
      
      
        | 
           
			 | 
        outpatient treatment services effectively and voluntarily. | 
      
      
        | 
           
			 | 
               (d)  An order for extended outpatient mental health services  | 
      
      
        | 
           
			 | 
        must provide for a period of treatment not to exceed 12 months. | 
      
      
        | 
           
			 | 
               (e)  A judge may not issue an order for extended outpatient  | 
      
      
        | 
           
			 | 
        mental health services for a proposed patient who is charged with a  | 
      
      
        | 
           
			 | 
        criminal offense that involves an act, attempt, or threat of  | 
      
      
        | 
           
			 | 
        serious bodily injury to another person. | 
      
      
        | 
           
			 | 
               SECTION 16.  Section 574.036(e), Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (e)  The judge may enter an order: | 
      
      
        | 
           
			 | 
                     (1)  committing the person to a mental health facility  | 
      
      
        | 
           
			 | 
        for inpatient care if the trier of fact finds that the person meets  | 
      
      
        | 
           
			 | 
        the commitment criteria prescribed by Section 574.034(a) or  | 
      
      
        | 
           
			 | 
        574.035(a); or | 
      
      
        | 
           
			 | 
                     (2)  committing the person to outpatient mental health  | 
      
      
        | 
           
			 | 
        services if the trier of fact finds that the person meets the  | 
      
      
        | 
           
			 | 
        commitment criteria prescribed by Section 574.0345(a) [574.034(b)]  | 
      
      
        | 
           
			 | 
        or 574.0355(a) [574.035(b)]. | 
      
      
        | 
           
			 | 
               SECTION 17.  Sections 574.037(a), (b-2), and (c-2), Health  | 
      
      
        | 
           
			 | 
        and Safety Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The court, in an order that directs a patient to  | 
      
      
        | 
           
			 | 
        participate in outpatient mental health services, shall designate  | 
      
      
        | 
           
			 | 
        the person identified under Section 574.0125 as responsible for  | 
      
      
        | 
           
			 | 
        those services or may designate a different person if necessary.   | 
      
      
        | 
           
			 | 
        The person designated must be the facility administrator or an  | 
      
      
        | 
           
			 | 
        individual involved in providing court-ordered outpatient  | 
      
      
        | 
           
			 | 
        services.  A person may not be designated as responsible for the  | 
      
      
        | 
           
			 | 
        ordered services without the person's consent unless the person is  | 
      
      
        | 
           
			 | 
        the facility administrator of a department facility or the facility  | 
      
      
        | 
           
			 | 
        administrator of a community center that provides mental health  | 
      
      
        | 
           
			 | 
        services: | 
      
      
        | 
           
			 | 
                     (1)  in the region in which the committing court is  | 
      
      
        | 
           
			 | 
        located; or | 
      
      
        | 
           
			 | 
                     (2)  in a county where a patient has previously  | 
      
      
        | 
           
			 | 
        received mental health services. | 
      
      
        | 
           
			 | 
               (b-2)  The person responsible for the services shall submit  | 
      
      
        | 
           
			 | 
        the program to the court before the hearing under Section 574.0345  | 
      
      
        | 
           
			 | 
        or 574.0355 [574.034 or 574.035] or before the court modifies an  | 
      
      
        | 
           
			 | 
        order under Section 574.061, as appropriate. | 
      
      
        | 
           
			 | 
               (c-2)  A court may[, on its own motion,] set a status  | 
      
      
        | 
           
			 | 
        conference in accordance with Section 574.0665 [with the person 
         | 
      
      
        | 
           
			 | 
        
          responsible for the services, the patient, and the patient's 
         | 
      
      
        | 
           
			 | 
        
          attorney]. | 
      
      
        | 
           
			 | 
               SECTION 18.  Sections 574.061(a), (b), (c), (d), (e), and  | 
      
      
        | 
           
			 | 
        (h), Health and Safety Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The facility administrator of a facility to which a  | 
      
      
        | 
           
			 | 
        patient is committed for inpatient mental health services, not  | 
      
      
        | 
           
			 | 
        later than the 30th day after the date the patient is committed to  | 
      
      
        | 
           
			 | 
        the facility, shall assess the appropriateness of transferring the  | 
      
      
        | 
           
			 | 
        patient to outpatient mental health services.  The facility  | 
      
      
        | 
           
			 | 
        administrator may recommend that [may request] the court that  | 
      
      
        | 
           
			 | 
        entered the commitment order [to] modify the order to require the  | 
      
      
        | 
           
			 | 
        patient to participate in outpatient mental health services. | 
      
      
        | 
           
			 | 
               (b)  A [The] facility administrator's recommendation under  | 
      
      
        | 
           
			 | 
        Subsection (a) [request] must explain in detail the reason for the  | 
      
      
        | 
           
			 | 
        recommendation [request].  The recommendation [request] must be  | 
      
      
        | 
           
			 | 
        accompanied by a supporting certificate of medical examination for  | 
      
      
        | 
           
			 | 
        mental illness signed by a physician who examined the patient  | 
      
      
        | 
           
			 | 
        during the seven days preceding the recommendation [request]. | 
      
      
        | 
           
			 | 
               (c)  The patient shall be given notice of a facility  | 
      
      
        | 
           
			 | 
        administrator's recommendation under Subsection (a) [the request]. | 
      
      
        | 
           
			 | 
               (d)  On request of the patient or any other interested  | 
      
      
        | 
           
			 | 
        person, the court shall hold a hearing on a facility  | 
      
      
        | 
           
			 | 
        administrator's recommendation that the court modify the  | 
      
      
        | 
           
			 | 
        commitment order [the request].  The court shall appoint an  | 
      
      
        | 
           
			 | 
        attorney to represent the patient at the hearing and shall consult  | 
      
      
        | 
           
			 | 
        with the local mental health authority before issuing a decision.   | 
      
      
        | 
           
			 | 
        The hearing shall be held before the court without a jury and as  | 
      
      
        | 
           
			 | 
        prescribed by Section 574.031.  The patient shall be represented by  | 
      
      
        | 
           
			 | 
        an attorney and receive proper notice. | 
      
      
        | 
           
			 | 
               (e)  If a hearing is not requested, the court may make a [the]  | 
      
      
        | 
           
			 | 
        decision regarding a facility administrator's recommendation based  | 
      
      
        | 
           
			 | 
        on: | 
      
      
        | 
           
			 | 
                     (1)  [solely from] the recommendation; | 
      
      
        | 
           
			 | 
                     (2)  [request and] the supporting certificate; and | 
      
      
        | 
           
			 | 
                     (3)  consultation with the local mental health  | 
      
      
        | 
           
			 | 
        authority concerning available resources to treat the patient. | 
      
      
        | 
           
			 | 
               (h)  A modified order may [not] extend beyond the term of the  | 
      
      
        | 
           
			 | 
        original order, but may not exceed the term of the original order by  | 
      
      
        | 
           
			 | 
        more than 60 days. | 
      
      
        | 
           
			 | 
               SECTION 19.  Subchapter E, Chapter 574, Health and Safety  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 574.0665 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 574.0665.  STATUS CONFERENCE.  A court on its own motion  | 
      
      
        | 
           
			 | 
        may set a status conference with the patient, the patient's  | 
      
      
        | 
           
			 | 
        attorney, and the person designated to be responsible for the  | 
      
      
        | 
           
			 | 
        patient's court-ordered outpatient services under Section 574.037. | 
      
      
        | 
           
			 | 
               SECTION 20.  Section 574.069(e), Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (e)  The court shall dismiss the request if the court finds  | 
      
      
        | 
           
			 | 
        from clear and convincing evidence that the patient continues to  | 
      
      
        | 
           
			 | 
        meet the criteria for court-ordered extended mental health services  | 
      
      
        | 
           
			 | 
        prescribed by Section 574.035 or 574.0355. | 
      
      
        | 
           
			 | 
               SECTION 21.  Section 574.081, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended by amending Subsections (b) and (c) and adding Subsections  | 
      
      
        | 
           
			 | 
        (a-1), (c-1), and (c-2) to read as follows: | 
      
      
        | 
           
			 | 
               (a-1)  Subject to available resources, Subsections (a), (b),  | 
      
      
        | 
           
			 | 
        (c), (c-1), and (c-2) apply to a patient scheduled to be furloughed  | 
      
      
        | 
           
			 | 
        or discharged from: | 
      
      
        | 
           
			 | 
                     (1)  a state hospital; or | 
      
      
        | 
           
			 | 
                     (2)  any psychiatric inpatient bed funded under a  | 
      
      
        | 
           
			 | 
        contract with the Health and Human Services Commission or operated  | 
      
      
        | 
           
			 | 
        by or funded under a contract with a local mental health authority  | 
      
      
        | 
           
			 | 
        or a behavioral mental health authority. | 
      
      
        | 
           
			 | 
               (b)  The physician shall prepare the plan as prescribed by  | 
      
      
        | 
           
			 | 
        Health and Human Services Commission [department] rules and shall  | 
      
      
        | 
           
			 | 
        consult the patient and the local mental health authority in the  | 
      
      
        | 
           
			 | 
        area in which the patient will reside before preparing the plan.   | 
      
      
        | 
           
			 | 
        The local mental health authority shall be informed of and must  | 
      
      
        | 
           
			 | 
        participate in planning the discharge of a patient [is not required 
         | 
      
      
        | 
           
			 | 
        
          to participate in preparing a plan for a patient furloughed or 
         | 
      
      
        | 
           
			 | 
        
          discharged from a private mental health facility]. | 
      
      
        | 
           
			 | 
               (c)  The plan must address the patient's mental health and  | 
      
      
        | 
           
			 | 
        physical needs, including, if appropriate: | 
      
      
        | 
           
			 | 
                     (1)  the need for outpatient mental health services  | 
      
      
        | 
           
			 | 
        following furlough or discharge; and | 
      
      
        | 
           
			 | 
                     (2)  the need for sufficient psychoactive medication on  | 
      
      
        | 
           
			 | 
        furlough or discharge to last until the patient can see a  | 
      
      
        | 
           
			 | 
        physician[; and
         | 
      
      
        | 
           
			 | 
                     [(2)
           
           
          the person or entity that is responsible for 
         | 
      
      
        | 
           
			 | 
        
          providing and paying for the medication]. | 
      
      
        | 
           
			 | 
               (c-1)  Except as otherwise specified in the plan and subject  | 
      
      
        | 
           
			 | 
        to available funding provided to the Health and Human Services  | 
      
      
        | 
           
			 | 
        Commission and paid to a private mental health facility for this  | 
      
      
        | 
           
			 | 
        purpose, a private mental health facility is responsible for  | 
      
      
        | 
           
			 | 
        providing or paying for psychoactive medication and any other  | 
      
      
        | 
           
			 | 
        medication prescribed to the patient to counteract adverse side  | 
      
      
        | 
           
			 | 
        effects of psychoactive medication on furlough or discharge  | 
      
      
        | 
           
			 | 
        sufficient to last until the patient can see a physician. | 
      
      
        | 
           
			 | 
               (c-2)  The Health and Human Services Commission shall adopt  | 
      
      
        | 
           
			 | 
        rules to determine the quantity and manner of providing  | 
      
      
        | 
           
			 | 
        psychoactive medication, as required by this section.  The  | 
      
      
        | 
           
			 | 
        executive commissioner may not adopt rules requiring a mental  | 
      
      
        | 
           
			 | 
        health facility to provide or pay for psychoactive medication for  | 
      
      
        | 
           
			 | 
        more than seven days after furlough or discharge. | 
      
      
        | 
           
			 | 
               SECTION 22.  Sections 574.104(a), (b), and (d), Health and  | 
      
      
        | 
           
			 | 
        Safety Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A physician who is treating a patient may, on behalf of  | 
      
      
        | 
           
			 | 
        the state, file an application in a probate court or a court with  | 
      
      
        | 
           
			 | 
        probate jurisdiction for an order to authorize the administration  | 
      
      
        | 
           
			 | 
        of a psychoactive medication regardless of the patient's refusal  | 
      
      
        | 
           
			 | 
        if: | 
      
      
        | 
           
			 | 
                     (1)  the physician believes that the patient lacks the  | 
      
      
        | 
           
			 | 
        capacity to make a decision regarding the administration of the  | 
      
      
        | 
           
			 | 
        psychoactive medication; | 
      
      
        | 
           
			 | 
                     (2)  the physician determines that the medication is  | 
      
      
        | 
           
			 | 
        the proper course of treatment for the patient; | 
      
      
        | 
           
			 | 
                     (3)  the patient is under an order for inpatient mental  | 
      
      
        | 
           
			 | 
        health services under this chapter or other law or an application  | 
      
      
        | 
           
			 | 
        for court-ordered mental health services under Section 574.034,  | 
      
      
        | 
           
			 | 
        574.0345, [or] 574.035, or 574.0355 has been filed for the patient;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (4)  the patient, verbally or by other indication,  | 
      
      
        | 
           
			 | 
        refuses to take the medication voluntarily. | 
      
      
        | 
           
			 | 
               (b)  An application filed under this section must state: | 
      
      
        | 
           
			 | 
                     (1)  that the physician believes that the patient lacks  | 
      
      
        | 
           
			 | 
        the capacity to make a decision regarding administration of the  | 
      
      
        | 
           
			 | 
        psychoactive medication and the reasons for that belief; | 
      
      
        | 
           
			 | 
                     (2)  each medication the physician wants the court to  | 
      
      
        | 
           
			 | 
        compel the patient to take; | 
      
      
        | 
           
			 | 
                     (3)  whether an application for court-ordered mental  | 
      
      
        | 
           
			 | 
        health services under Section 574.034, 574.0345, [or] 574.035, or  | 
      
      
        | 
           
			 | 
        574.0355 has been filed; | 
      
      
        | 
           
			 | 
                     (4)  whether a court order for inpatient mental health  | 
      
      
        | 
           
			 | 
        services for the patient has been issued and, if so, under what  | 
      
      
        | 
           
			 | 
        authority it was issued; | 
      
      
        | 
           
			 | 
                     (5)  the physician's diagnosis of the patient; and | 
      
      
        | 
           
			 | 
                     (6)  the proposed method for administering the  | 
      
      
        | 
           
			 | 
        medication and, if the method is not customary, an explanation  | 
      
      
        | 
           
			 | 
        justifying the departure from the customary methods. | 
      
      
        | 
           
			 | 
               (d)  The hearing on the application may be held on the date of  | 
      
      
        | 
           
			 | 
        a hearing on an application for court-ordered mental health  | 
      
      
        | 
           
			 | 
        services under Section 574.034, 574.0345, [or] 574.035, or 574.0355  | 
      
      
        | 
           
			 | 
        but shall be held not later than 30 days after the filing of the  | 
      
      
        | 
           
			 | 
        application for the order to authorize psychoactive medication.  If  | 
      
      
        | 
           
			 | 
        the hearing is not held on the same day as the application for  | 
      
      
        | 
           
			 | 
        court-ordered mental health services under those sections [Section 
         | 
      
      
        | 
           
			 | 
        
          574.034 or 574.035] and the patient is transferred to a mental  | 
      
      
        | 
           
			 | 
        health facility in another county, the court may transfer the  | 
      
      
        | 
           
			 | 
        application for an order to authorize psychoactive medication to  | 
      
      
        | 
           
			 | 
        the county where the patient has been transferred. | 
      
      
        | 
           
			 | 
               SECTION 23.  Section 574.151, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 574.151.  APPLICABILITY.  This subchapter applies only  | 
      
      
        | 
           
			 | 
        to a person for whom a motion for court-ordered mental health  | 
      
      
        | 
           
			 | 
        services is filed under Section 574.001, for whom a final order on  | 
      
      
        | 
           
			 | 
        that motion has not been entered under Section 574.034, 574.0345,  | 
      
      
        | 
           
			 | 
        [or] 574.035, or 574.0355 and who requests voluntary admission to  | 
      
      
        | 
           
			 | 
        an inpatient mental health facility: | 
      
      
        | 
           
			 | 
                     (1)  while the person is receiving at that facility  | 
      
      
        | 
           
			 | 
        involuntary inpatient services under Subchapter B or under Chapter  | 
      
      
        | 
           
			 | 
        573; or | 
      
      
        | 
           
			 | 
                     (2)  before the 31st day after the date the person was  | 
      
      
        | 
           
			 | 
        released from that facility under Section 573.023 or 574.028. | 
      
      
        | 
           
			 | 
               SECTION 24.  Section 152.00164(b), Human Resources Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Before a child who is identified as having a mental  | 
      
      
        | 
           
			 | 
        illness is discharged from the custody of the juvenile board or  | 
      
      
        | 
           
			 | 
        local juvenile probation department under Section 152.00163(b),  | 
      
      
        | 
           
			 | 
        the juvenile board or local juvenile probation department shall  | 
      
      
        | 
           
			 | 
        arrange for a psychiatrist to examine the child.  The juvenile board  | 
      
      
        | 
           
			 | 
        or local juvenile probation department shall refer a child  | 
      
      
        | 
           
			 | 
        requiring outpatient psychiatric treatment to the appropriate  | 
      
      
        | 
           
			 | 
        mental health authority.  For a child requiring inpatient  | 
      
      
        | 
           
			 | 
        psychiatric treatment, the juvenile board or local juvenile  | 
      
      
        | 
           
			 | 
        probation department shall file a sworn application for  | 
      
      
        | 
           
			 | 
        court-ordered mental health services, as provided in Subchapter C,  | 
      
      
        | 
           
			 | 
        Chapter 574, Health and Safety Code, if: | 
      
      
        | 
           
			 | 
                     (1)  the child is not receiving court-ordered mental  | 
      
      
        | 
           
			 | 
        health services; and | 
      
      
        | 
           
			 | 
                     (2)  the psychiatrist who examined the child determines  | 
      
      
        | 
           
			 | 
        that the child has a mental illness and the child meets at least one  | 
      
      
        | 
           
			 | 
        of the criteria listed in Section 574.034 or 574.0345, Health and  | 
      
      
        | 
           
			 | 
        Safety Code. | 
      
      
        | 
           
			 | 
               SECTION 25.  Section 244.012(b), Human Resources Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Before a child who is identified as mentally ill is  | 
      
      
        | 
           
			 | 
        discharged from the department's custody under Section 244.011(b),  | 
      
      
        | 
           
			 | 
        a department psychiatrist shall examine the child.  The department  | 
      
      
        | 
           
			 | 
        shall refer a child requiring outpatient psychiatric treatment to  | 
      
      
        | 
           
			 | 
        the appropriate mental health authority.  For a child requiring  | 
      
      
        | 
           
			 | 
        inpatient psychiatric treatment, the department shall file a sworn  | 
      
      
        | 
           
			 | 
        application for court-ordered mental health services, as provided  | 
      
      
        | 
           
			 | 
        in Subchapter C, Chapter 574, Health and Safety Code, if: | 
      
      
        | 
           
			 | 
                     (1)  the child is not receiving court-ordered mental  | 
      
      
        | 
           
			 | 
        health services; and | 
      
      
        | 
           
			 | 
                     (2)  the psychiatrist who examined the child determines  | 
      
      
        | 
           
			 | 
        that the child is mentally ill and the child meets at least one of  | 
      
      
        | 
           
			 | 
        the criteria listed in Section 574.034 or 574.0345, Health and  | 
      
      
        | 
           
			 | 
        Safety Code. | 
      
      
        | 
           
			 | 
               SECTION 26.  The Supreme Court shall: | 
      
      
        | 
           
			 | 
                     (1)  adopt rules to streamline and promote the  | 
      
      
        | 
           
			 | 
        efficiency of court processes under Chapter 573, Health and Safety  | 
      
      
        | 
           
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        Code; and | 
      
      
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                     (2)  adopt rules or implement other measures to create  | 
      
      
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        consistency and increase access to the judicial branch for mental  | 
      
      
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        health issues. | 
      
      
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               SECTION 27.  The following provisions of the Health and  | 
      
      
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        Safety Code are repealed: | 
      
      
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                     (1)  Sections 574.034(b), (e), and (f); and | 
      
      
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                     (2)  Sections 574.035(b), (f), and (g). | 
      
      
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               SECTION 28.  The Health and Human Services Commission is  | 
      
      
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        required to implement a provision of this Act only if the  | 
      
      
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        legislature appropriates money specifically for that purpose.  If  | 
      
      
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        the legislature does not appropriate money specifically for that  | 
      
      
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        purpose, the Health and Human Services Commission may, but is not  | 
      
      
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        required to, implement a provision of this Act using other  | 
      
      
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        appropriations available for that purpose. | 
      
      
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               SECTION 29.  The changes in law made by this Act to Chapter  | 
      
      
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        574, Health and Safety Code, apply to a commitment proceeding under  | 
      
      
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        that chapter that occurs on or after the effective date of this Act,  | 
      
      
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        regardless of whether conduct of a proposed patient being evaluated  | 
      
      
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        for that purpose occurred before, on, or after the effective date of  | 
      
      
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        this Act. | 
      
      
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               SECTION 30.  The changes in law made by this Act to Article  | 
      
      
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        16.22, Code of Criminal Procedure, and Chapter 574, Health and  | 
      
      
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        Safety Code, apply to a proceeding for court-ordered mental health  | 
      
      
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        services that occurs on or after the effective date of this Act,  | 
      
      
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        regardless of when an offense with which the defendant is charged  | 
      
      
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        was committed. | 
      
      
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               SECTION 31.  This Act takes effect September 1, 2019. | 
      
      
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        ______________________________ | 
        ______________________________ | 
      
      
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           President of the Senate | 
        Speaker of the House      | 
      
      
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               I hereby certify that S.B. No. 362 passed the Senate on  | 
      
      
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        April 11, 2019, by the following vote:  Yeas 31, Nays 0; and that  | 
      
      
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        the Senate concurred in House amendment on May 21, 2019, by the  | 
      
      
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        following vote:  Yeas 31, Nays 0. | 
      
      
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         | 
      
      
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        ______________________________ | 
      
      
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        Secretary of the Senate     | 
      
      
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               I hereby certify that S.B. No. 362 passed the House, with  | 
      
      
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        amendment, on May 15, 2019, by the following vote:  Yeas 141,  | 
      
      
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        Nays 4, three present not voting. | 
      
      
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        ______________________________ | 
      
      
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        Chief Clerk of the House    | 
      
      
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        Approved: | 
      
      
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        ______________________________  | 
      
      
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                    Date | 
      
      
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        ______________________________  | 
      
      
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                  Governor |