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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) A petition |
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for a writ of habeas corpus arising from a commitment order must be |
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filed in the court of appeals for the county in which the order is |
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entered. |
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(b) The state shall be made a party in a habeas corpus |
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proceeding described in Subsection (a). The appropriate attorney |
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prescribed by Section 571.016 shall represent the state. |
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(c) In a habeas corpus proceeding in which a state inpatient |
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mental health facility or a physician employed by a state inpatient |
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mental health facility is a party as a result of enforcing a |
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commitment order, the appropriate attorney prescribed by Section |
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571.016 shall represent the facility or physician, or both the |
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facility and physician if both are parties, unless the attorney |
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determines that representation violates the Texas Disciplinary |
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Rules of Professional Conduct. |
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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. |
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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. 3342 was passed by the House on May 3, |
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2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3342 on May 21, 2011, by the following vote: Yeas 141, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3342 was passed by the Senate, with |
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amendments, on May 18, 2011, by the following vote: Yeas 31, Nays |
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0. |
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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 |