HBA-TYH H.B. 330 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 330 By: Naishtat Public Health 5/25/1999 Enrolled BACKGROUND AND PURPOSE Chapter 574 (Court-Ordered Mental Health Services), Health and Safety Code, sets forth standards and procedures for both temporary and extended court-ordered mental health services. Recent revision of the standard for extended mental health services created a technical discrepancy between two sections of the code. This legislation amends Section 574.035(b) (Order for Extended Mental Health Services), Health and Safety Code, to make the language consistent with both Section 547.034 (Order for Temporary Mental Health Services) and the original legislative intent. H.B. 330 changes the conditions to be dependent on, rather than independent from, each other. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 574.035(b), Health and Safety Code, to clarify that one of the conditions necessary for a judge to order a proposed patient to receive court-ordered extended outpatient mental health services is that a jury, or a judge if the right to jury is waived, finds by clear and convincing evidence that the proposed patient is unable to participate in outpatient services both effectively and voluntarily, rather than either effectively or voluntarily. SECTION 2.Emergency clause. Effective date: upon passage.