Bill Text: TX HB1857 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the certificate of medical examination for chemical dependency and the duration of court-ordered treatment for a person with a chemical dependency.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2023-05-10 - Referred to Jurisprudence [HB1857 Detail]

Download: Texas-2023-HB1857-Comm_Sub.html
  88R20436 MPF-D
 
  By: Guillen, Davis H.B. No. 1857
 
  Substitute the following for H.B. No. 1857:
 
  By:  Murr C.S.H.B. No. 1857
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the certificate of medical examination for chemical
  dependency and the duration of court-ordered treatment for a person
  with a chemical dependency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Anell Borrego Act.
         SECTION 2.  Section 462.064(c), Health and Safety Code, is
  amended to read as follows:
         (c)  A certificate must be dated and signed by the examining
  physician.  The certificate must include:
               (1)  the name and address of the examining physician;
               (2)  the name and address of the proposed patient;
               (3)  the date and place of the examination;
               (4)  the period, if any, during which the proposed
  patient has been under the care of the examining physician;
               (5)  an accurate description of the treatment, if any,
  given by or administered under the direction of the examining
  physician; and
               (6)  the examining physician's opinion that [opinions
  whether] the proposed patient is a person with a chemical
  dependency and that, as a result of that chemical dependency:
                     (A)  is likely to cause serious harm to the
  person;
                     (B)  is likely to cause serious harm to others; or
                     (C)  will continue to suffer abnormal mental,
  emotional, or physical distress and to deteriorate in ability to
  function independently if not treated and is unable to make a
  rational and informed choice as to whether or not to submit to
  treatment.
         SECTION 3.  Section 462.069(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Except as provided by Section 462.080(b), the [The]
  court shall commit the proposed patient to a treatment facility
  approved by the commission [department] to accept court commitments
  for at least 60 days but not more than 90 days if:
               (1)  the proposed patient admits the allegations of the
  application; or
               (2)  at the hearing on the merits, the court or jury
  finds that the material allegations in the application have been
  proved by clear and convincing evidence.
         SECTION 4.  Section 462.075(f), Health and Safety Code, is
  amended to read as follows:
         (f)  Except as provided by Section 462.080(b), the [The]
  court shall commit the proposed patient to a treatment facility
  approved by the commission [department] to accept commitments for
  at least 60 days but not more than 90 days if:
               (1)  the proposed patient admits the allegations of the
  application; or
               (2)  at the hearing on the merits, the court or jury
  finds that the material allegations in the application have been
  proved by clear and convincing evidence.
         SECTION 5.  Section 462.080(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The administrator may discharge a patient before the
  court order expires if the administrator or physician treating the
  patient determines that the patient no longer meets the criteria
  for court-ordered treatment.
         SECTION 6.  Sections 462.081(a) and (d), Health and Safety
  Code, are amended to read as follows:
         (a)  Except as provided by Section 462.080(b), the [The]
  judge of a court with jurisdiction of misdemeanor cases may remand
  the defendant to a treatment facility approved by the commission 
  [department] to accept court commitments for care and treatment for
  at least 60 days but not more than 90 days, instead of incarceration
  or fine, if:
               (1)  the court or a jury has found the defendant guilty
  of an offense classified as a Class A or B misdemeanor;
               (2)  the court finds that the offense resulted from or
  was related to the defendant's chemical dependency;
               (3)  a treatment facility approved by the commission 
  [department] is available to treat the defendant; and
               (4)  the treatment facility agrees in writing to admit
  the defendant under this section.
         (d)  Except as provided by Section 462.080(b), a [A] juvenile
  court may remand a child to a treatment facility for care and
  treatment for at least 60 days but not more than 90 days after the
  date on which the child is remanded if:
               (1)  the court finds that the child has engaged in
  delinquent conduct or conduct indicating a need for supervision and
  that the conduct resulted from or was related to the child's
  chemical dependency;
               (2)  a treatment facility approved by the commission 
  [department] to accept court commitments is available to treat the
  child; and
               (3)  the facility agrees in writing to receive the
  child under this section.
         SECTION 7.  The changes in law made by this Act apply only to
  an application for court-ordered treatment for chemical dependency
  that is filed on or after the effective date of this Act. An
  application that is filed before the effective date of this Act is
  governed by the law as it existed immediately before that date, and
  that law is continued in effect for that purpose.
         SECTION 8.  This Act takes effect September 1, 2023.
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