HBA-JLV C.S.H.B. 1073 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1073
By: Farabee
Judicial Affairs
4/6/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In many involuntary civil commitment proceedings, emergency detention is
the first step in the process, which occurs before a case is filed with the
court.  Emergency detention may or may not lead to the  filing of an
application for court ordered mental health services.  If such an
application is not filed, the court does not become involved.  Some mental
health facilities refuse to admit patients under an emergency detention
provision and demand that the courts issue orders of protective custody to
detain a proposed patient until a final commitment hearing.    The
facilities rely on current law which provides that a probate court or a
court having probate jurisdiction is required to be open at all times for
mental health proceedings.  Such a requirement may be burdensome for the
participants and costly for the county responsible for payment. C.S.H.B.
1073 changes the hours of operation of a probate court from its having to
be open at all times to being open only during normal business hours and
requires the probate judge or magistrate to be available at all times at
the request of certain persons. 

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. 

ANALYSIS

C.S.H.B. 1073 amends the Health and Safety Code to modify the business
hours of a  probate court or a court having probate jurisdiction to be open
for mental health proceedings during normal business hours rather than open
all hours.  The bill requires the probate judge or magistrate to be
available at all times at the request of a person apprehended or detained
for emergency detention, or a proposed patient for courtordered mental
health services. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1073 modifies the original to require the probate judge or
magistrate to be available at all times at the request of a person
apprehended or detained for emergency detention, or a proposed patient for
court-ordered mental health services.