HBA-BSM S.B. 1767 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1767
By: Carona
Public Health
5/7/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current Texas law, an order of protective custody is necessary to
transfer a person who has been admitted under emergency detention from a
county mental health facility to a facility of the single portal authority
or an appropriate inpatient mental health facility.  Senate Bill 1767
authorizes a judge to designate a magistrate appointed by the judge of
another court to issue the necessary order of protective custody. 

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

Senate Bill 1767 amends the Health and Safety Code to authorize a judge of
a court in which the application for court-ordered mental health services
is pending to designate a magistrate appointed by the judge of another
court to issue protective custody orders.  The bill provides that this duty
of the magistrate is in addition to the magistrate's duties prescribed by
other law.    

EFFECTIVE DATE

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