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AN ACT
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relating to the payment by the state or a county of costs for |
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certain mental health hearings or proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 571.018(h) and (j), Health and Safety |
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Code, are amended to read as follows: |
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(h) The state or a county may not pay any costs for a patient |
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committed to a private mental hospital, other than a filing fee or |
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other cost associated with a hearing or proceeding under this |
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subtitle, unless: |
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(1) a public facility is not available; and |
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(2) the commissioners court of the county authorizes |
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the payment, if appropriate. |
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(j) The judge of a court conducting a hearing or proceeding |
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under this subtitle shall order the clerk of the court to refund |
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court costs paid or advanced for a person by [When] an inpatient |
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mental health facility as defined under Section 571.003(9)(A), (B), |
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(D), or (E) on the filing of [571.003(9)(B) or (E) files] an |
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affidavit with the clerk of the court certifying that: |
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(1) the facility has received no compensation or |
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reimbursement for the treatment of the person; |
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(2) the facility provided treatment for the person |
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under a contract with a local mental health authority; or |
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(3) the facility provided treatment for the person and |
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only received reimbursement under Medicaid [it has received no |
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compensation or reimbursement for the treatment of a person for |
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whom court costs have been paid or advanced, the judge of the |
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probate court shall order the clerk of the court to refund the |
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costs]. |
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SECTION 2. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4085 was passed by the House on May 3, |
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2023, by the following vote: Yeas 145, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4085 was passed by the Senate on May |
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21, 2023, by the following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |