Bill Text: TX HB4085 | 2023-2024 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the payment by the state or a county of costs for certain mental health hearings or proceedings.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [HB4085 Detail]

Download: Texas-2023-HB4085-Engrossed.html

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88R22084 MPF-F
By: Spiller, Allison H.B. No. 4085

A BILL TO BE ENTITLED
AN ACT
relating to the payment by the state or a county of costs for
certain mental health hearings or proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 571.018(h) and (j), Health and Safety
Code, are amended to read as follows:
(h) The state or a county may not pay any costs for a patient
committed to a private mental hospital, other than a filing fee or
other cost associated with a hearing or proceeding under this
subtitle, unless:
(1) a public facility is not available; and
(2) the commissioners court of the county authorizes
the payment, if appropriate.
(j) The judge of a court conducting a hearing or proceeding
under this subtitle shall order the clerk of the court to refund
court costs paid or advanced for a person by [When] an inpatient
mental health facility as defined under Section 571.003(9)(A), (B),
(D), or (E) on the filing of [571.003(9)(B) or (E) files] an
affidavit with the clerk of the court certifying that:
(1) the facility has received no compensation or
reimbursement for the treatment of the person;
(2) the facility provided treatment for the person
under a contract with a local mental health authority; or
(3) the facility provided treatment for the person and
only received reimbursement under Medicaid [it has received no
compensation or reimbursement for the treatment of a person for
whom court costs have been paid or advanced, the judge of the
probate court shall order the clerk of the court to refund the
costs].
SECTION 2. This Act takes effect September 1, 2023.