Bill Text: TX SB213 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to certain notice requirements and filing requirements in court proceedings involving persons with mental illness.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-11-20 - Filed [SB213 Detail]

Download: Texas-2021-SB213-Introduced.html
  87R2573 JG-D
 
  By: Zaffirini S.B. No. 213
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain notice requirements and filing requirements in
  court proceedings involving persons with mental illness.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 571.013, Health and Safety Code, is
  amended to read as follows:
         Sec. 571.013.  METHOD OF GIVING NOTICE. Except as otherwise
  provided by this subtitle, notice required under this subtitle may
  be given by:
               (1)  personal delivery of [delivering] a copy of the
  notice or document by a constable or sheriff of the county; [in
  person] or
               (2)  [in] another manner directed by the court that is
  reasonably calculated to give actual notice.
         SECTION 2.  Section 571.014(c), Health and Safety Code, is
  amended to read as follows:
         (c)  A person may [initially] file a paper with the county
  clerk by the use of reproduced, photocopied, or electronically
  transmitted paper copies of [if the person files] the original
  signed copies of the paper. A person who files a reproduced,
  photocopied, or electronically transmitted paper must maintain
  possession of the original signed copies of the paper and shall make
  the original paper available for inspection on request by the
  parties or the court [with the clerk not later than the 72nd hour
  after the hour on which the initial filing is made. If the 72-hour
  period ends on a Saturday, Sunday, or legal holiday, the filing
  period is extended until 4 p.m. on the first succeeding business
  day. If extremely hazardous weather conditions exist or a disaster
  occurs, the presiding judge or magistrate may by written order made
  each day extend the filing period until 4 p.m. on the first
  succeeding business day. The written order must declare that an
  emergency exists because of the weather or the occurrence of a
  disaster. If a person detained under this subtitle would otherwise
  be released because the original signed copy of a paper is not filed
  within the 72-hour period but for the extension of the filing period
  under this section, the person may be detained until the expiration
  of the extended filing period. This subsection does not affect
  another provision of this subtitle requiring the release or
  discharge of a person].
         SECTION 3.  Section 571.014(d), Health and Safety Code, is
  repealed.
         SECTION 4.  This Act takes effect September 1, 2021.
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