Bill Text: TX HB3342 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
By: Naishtat (Senate Sponsor - Rodriguez) | H.B. No. 3342 | |
(In the Senate - Received from the House May 4, 2011; | ||
May 5, 2011, read first time and referred to Committee on Health | ||
and Human Services; May 16, 2011, reported adversely, with | ||
favorable Committee Substitute by the following vote: Yeas 7, | ||
Nays 0; May 16, 2011, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 3342 | By: Rodriguez |
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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 facility or a physician employed by a state impatient 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. | ||
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