Bill Text: TX HB3342 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to representation of and by the state and joinder of the state in certain mental health proceedings.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB3342 Detail]
Download: Texas-2011-HB3342-Enrolled.html
| H.B. No. 3342 | ||
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| relating to representation of and by the state and joinder of the | ||
| state in certain mental health proceedings. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 571.016, Health and Safety Code, is | ||
| amended to read as follows: | ||
| Sec. 571.016. REPRESENTATION OF STATE. Unless specified | ||
| otherwise, in a hearing held under this subtitle, including a | ||
| hearing held under Subchapter G, Chapter 574: | ||
| (1) the county attorney shall represent the state; or | ||
| (2) if the county has no county attorney, the district | ||
| attorney, the criminal district attorney, or a court-appointed | ||
| special prosecutor shall represent the state. | ||
| SECTION 2. Chapter 571, Health and Safety Code, is amended | ||
| by adding Section 571.0167 to read as follows: | ||
| Sec. 571.0167. HABEAS CORPUS PROCEEDINGS. (a) A petition | ||
| for a writ of habeas corpus arising from a commitment order must be | ||
| filed in the court of appeals for the county in which the order is | ||
| entered. | ||
| (b) The state shall be made a party in a habeas corpus | ||
| proceeding described in Subsection (a). The appropriate attorney | ||
| prescribed by Section 571.016 shall represent the state. | ||
| (c) In a habeas corpus proceeding in which a state inpatient | ||
| mental health facility or a physician employed by a state inpatient | ||
| mental health facility is a party as a result of enforcing a | ||
| commitment order, the appropriate attorney prescribed by Section | ||
| 571.016 shall represent the facility or physician, or both the | ||
| facility and physician if both are parties, unless the attorney | ||
| determines that representation violates the Texas Disciplinary | ||
| Rules of Professional Conduct. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a hearing or proceeding that commences on or after the effective | ||
| date of this Act. A hearing or proceeding that commences before the | ||
| effective date of this Act is governed by the law in effect on the | ||
| date the hearing or proceeding commenced, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3342 was passed by the House on May 3, | ||
| 2011, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 3342 on May 21, 2011, by the following vote: Yeas 141, Nays 0, | ||
| 2 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3342 was passed by the Senate, with | ||
| amendments, on May 18, 2011, by the following vote: Yeas 31, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
