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


Office of House Bill AnalysisH.B. 330
By: Naishtat
Public Health
1/19/1999
Introduced



BACKGROUND AND PURPOSE 

Chapter 574, Health and Safety Code (Court-Ordered Mental Health Services),
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), Health
and Safety Code (Order for Extended Mental Health Services), to make the
language consistent with both Section 547.034 (Order for Temporary Mental
Health Services) and the original legislative intent.  HB 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 judge 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.