HBA-JRA H.B. 2651 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2651
By: Smith
Public Health
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

In 1997, the Texas Office for Prevention of Developmental Disabilities
reported that fetal alcohol syndrome is the primary cause of mental
retardation in newborns.  Fetal alcohol syndrome is a preventable disease
with a significant financial cost.  H.B. 2651 provides that it is a
statewide priority to obtain treatment services for individuals who are
pregnant and present a substantial risk of serious harm to the health of
the child when born because of the individual's abuse of alcohol or a
controlled substance, and authorizes a judge or magistrate to order
emergency detention, treatment, and protective custody, if necessary, for
such individuals. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 461.0124(d), Health and Safety Code, to provide
that a statewide service delivery plan must provide a priority for
obtaining treatment services for individuals in need of treatment who are
pregnant and present a substantial risk of serious harm to the health of
the child when born because of the individual's abuse of alcohol or a
controlled substance. 

SECTION 2.  Amends Section 462.042(b), Health and Safety Code, to provide
that an application for emergency detention of a minor or another adult
must state that the applicant has reason to believe and does believe that
the person is pregnant and presents a substantial risk of serious harm to
the health of the child when born because of the person's abuse of alcohol
or a controlled substance. 

SECTION 3.  Amends Section 462.043(b), Health and Safety Code, to require a
judge or magistrate to deny an application for emergency detention of a
minor or another adult unless the judge or magistrate finds that there is
reasonable cause to believe that the person is pregnant and presents a
substantial risk of serious harm to the health of the child when born
because of the person's abuse of alcohol or a controlled substance. 

SECTION 4.  Amends Section 462.062(e), Health and Safety Code, to provide
that an application for court-ordered treatment of another person must
contain a statement that the proposed patient is a chemically dependent
person who is pregnant and presents a substantial risk of serious harm to
the health of the child when born because of the person's abuse of alcohol
or a controlled substance. Redesignates existing Paragraph (B) to Paragraph
(C). 

SECTION 5.  Amends Section 462.064(c), Health and Safety Code, to provide
that a certificate of medical examination for chemical dependency for the
purpose of a hearing on court-ordered treatment must include the examining
physician's opinion whether the proposed patient is a chemically dependent
person and is pregnant and presents a substantial risk of serious harm to
the health of the child when born because of the person's abuse of alcohol
or a controlled substance. Redesignates existing Paragraph (C) to Paragraph
(D). 

SECTION 6.  Amends Sections 462.065(e) and (f), Health and Safety Code, as
follows: 
 
(e)  Authorizes a judge or designated magistrate of a court in which an
application of courtordered treatment is pending to issue a protective
custody order if the judge or magistrate determines that the proposed
patient is pregnant and presents a substantial risk of serious harm to the
health of the child when born because of the person's abuse of alcohol or a
controlled substance if not immediately restrained pending the hearing. 

(f)  Authorizes the determination that the proposed patient presents a
substantial risk of serious harm to the proposed patient or others or that
the proposed patient, if pregnant, presents a substantial risk of serious
harm to the health of the child when born to be demonstrated by the
proposed patient's behavior or by evidence that the  proposed patient
cannot remain at liberty. 

SECTION 7.  Amends Section 462.066, Health and Safety Code, to require a
court to set a hearing to determine if there is probable cause to believe
that a proposed patient under a protective custody order, if not restrained
until the hearing on the application, is pregnant and presents a
substantial risk of serious harm to the health of the child when born
because of the person's abuse of alcohol or a controlled substance.
Redesignates existing Subsections (b)-(g) to (c)-(h).  Makes conforming
changes. 

SECTION 8.  Amends Section 462.075(b), Health and Safety Code, to authorize
an applicant to file an application to renew the original order for
court-ordered treatment if the applicant has reasonable cause to believe
that a patient remains chemically dependent, is pregnant, and presents a
substantial risk of serious harm to the health of the child when born
because of the person's abuse of alcohol or a controlled substance.  Makes
conforming changes. 

SECTION 9.  Effective date: September 1, 1999.

SECTION 10.  Emergency clause.