HBA-TYH H.B. 330 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 330
By: Naishtat
Public Health
5/25/1999
Enrolled



BACKGROUND AND PURPOSE 

Chapter 574 (Court-Ordered Mental Health Services), Health and Safety Code,
sets forth standards and procedures for both temporary and extended
court-ordered mental health services.  Recent revision of the standard for
extended mental health services created a technical discrepancy between two
sections of the code.  This legislation amends Section 574.035(b) (Order
for Extended Mental Health Services), Health and Safety Code, to make the
language consistent with both Section 547.034 (Order for Temporary Mental
Health Services) and the original legislative intent.  H.B. 330 changes the
conditions to be dependent on, rather than independent from, each other. 

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 574.035(b), Health and Safety Code, to clarify
that one of the conditions necessary for a judge to order a proposed
patient to receive court-ordered extended outpatient mental health services
is that a jury, or a judge if the right to jury is waived, finds by clear
and convincing evidence that the proposed patient is unable to participate
in outpatient services both effectively and voluntarily, rather than either
effectively or voluntarily. 

SECTION 2.Emergency clause.
  Effective date: upon passage.