| TO: | Honorable Joe Straus, Speaker of the House, House of Representatives |
| FROM: | John S O'Brien, Director, Legislative Budget Board |
| IN RE: | HB3342 by Naishtat (Relating to representation of and by the state and joinder of the state in certain mental health proceedings.), As Passed 2nd House |
The bill clarifies that the state shall be made party in a habeas corpus proceeding in which an inpatient mental health facility or physician is a party as a result of enforcing a commitment order. The bill specifies that an appropriate attorney prescribed by Section 571.016 shall represent the state and when necessary certain inpatient mental health facilities and/or physicians in these proceedings.
According to the Department of State Health Services (DSHS) this provision reflects current practice and therefore should not result in any additional cost to the State.
| Source Agencies: | 537 State Health Services, Department of
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| LBB Staff: | JOB, SD, KKR, CL, MB, JF, NB
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