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


Office of House Bill AnalysisC.S.S.B. 1767
By: Carona
Public Health
5/10/2001
Committee Report (Substituted)



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.  C.S.S.B. 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

C.S.S.B. 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, if the magistrate has at least the
qualifications required for a magistrate of the court in which the
application is pending.  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. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1767 differs from the original bill by providing that the
magistrate designated to issue a protective order meet the qualifications
required for a magistrate of the court in which the application is pending,
rather than the qualifications for magistrates in Dallas County alone.