HBA-KMH H.B. 544 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 544 By: Staples Corrections 3/30/1999 Introduced BACKGROUND AND PURPOSE Currently, some sexually violent offenders are being released from prison when they have completed their sentences even when criminal justice officials believe they will offend again. Repeat sexually violent offenders often exhibit behavioral abnormalities making it likely that they will engage in further predatory acts. H.B. 544 provides for the civil commitment of repeat sexually violent offenders who, at the time of discharge, suffer from a behavioral abnormality that makes them disposed to commit further sexually violent acts. This bill provides for the establishment of a special commitment center (center) to be maintained by the Texas Department of Mental Health and Mental Retardation (MHMR) with assistance from the Texas Department of Criminal Justice (TDCJ). This bill provides for a civil commitment process which includes detainment upon discharge, pending a hearing on probable cause where a determination will be made by a judge as to the necessity of proceedings. It also provides for a trial by the bench or a jury in which evidence regarding the psychological status of the offender will be evaluated for possible remand to the center for care, control, and treatment. This bill provides for biennial reviews, or more frequently as deemed necessary, of the mental status of the offender, and possible release or conditional release of the offender. This bill also entitles the offender to constitutional protections such as right to counsel and expert testimony, and appointment of counsel in the case of indigence. H.B. 544 provides for the administering of psychoactive medication to offenders after a determination that psychoactive medication would be in the best interest of the offender and public safety. This bill also provides for the sharing of information relating to previous convictions and the psychological status of the offender between state departments and agencies. Furthermore, this bill provides for the conveyance of part of Rusk State Hospital for use in the administration of this program. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to Texas Board of Mental Health and Mental Retardation in SECTION 1 (Section 841.161, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends the Health and Safety Code by adding Title 11, as follows: TITLE 11. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS CHAPTER 841. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS SUBCHAPTER A. GENERAL PROVISIONS Sec. 841.001. LEGISLATIVE FINDINGS. Sets forth legislative findings. Sec. 841.002. DEFINITIONS. Defines "attorney representing the state," "behavioral abnormality," "board," "commissioner," "department," "predatory act," "repeat sexually violent offender," "secure correctional facility," "sexually violent offense," "sexually violent predator," and "special commitment center." Sec. 841.003. SEXUALLY VIOLENT PREDATOR. Defines "sexually violent predator" for the purposes of this chapter as a person who is a repeat sexually violent offender and suffers from a behavioral abnormality that makes the person likely to engage in a predatory act of sexual violence. Defines a "repeat sexually violent offender" for the purposes of this chapter as a person who is convicted of a sexually violent offense, enters a plea of guilty or nolo contendere for a sexually violent offense in return for a grant of deferred adjudication, is adjudged not guilty of a sexually violent offense by reason of insanity, or is adjudicated by a juvenile court as having engaged in delinquent conduct constituting a sexually violent offense and is committed to the Texas Youth Commission (TYC) under Section 54.04(d)(3) or (m) (Disposition Hearing), Family Code, and afterwards the person commits a sexually violent offense for which the person is convicted, enters a plea of guilty or nolo contendere in return for a grant of deferred adjudication, or is adjudged not guilty by reason of insanity. Sec. 841.004. PRISON PROSECUTION UNIT. Provides that a special division of the prison prosecution unit, separate from that part of the unit responsible for prosecuting criminal cases, is responsible for prosecuting civil commitment proceedings under this chapter. Sec. 841.005. APPLICATION OF CHAPTER. Provides that this chapter does not prohibit a person committed under this chapter from filing a petition for discharge or conditional release to a less restrictive alternative. Provides that this chapter does not create for a committed person a cause of action against another person for failure to give notice within a period required by this chapter. SUBCHAPTER B. NOTICE OF POTENTIAL PREDATOR; INITIAL DETERMINATIONS Sec. 841.021. NOTICE OF POTENTIAL PREDATOR. Requires the Texas Department of Criminal Justice (TDCJ) to give to the multidisciplinary team established under Section 841.022 notice of the anticipated release of a person who is serving a sentence for a sexually violent offense and is a repeat sexually violent offender. Requires the Texas Department of Mental Health and Mental Retardation (MHMR) to give notice to the multidisciplinary team notice of the anticipated discharge of a person who is committed to MHMR the after having been adjudged not guilty by reason of insanity of a sexually violent offense and is a repeat sexually violent offender. Requires TDCJ or MHMR to attempt to give the required notice in writing not later than the 120th day before the person's anticipated release or discharge date as long as it is not after the date the multidisciplinary team concludes its assessment of the person under Section 841.022, and alternatively authorizes the notice to be given orally. Sets forth the contents of the required notice. Sec. 841.022. MULTIDISCIPLINARY TEAM. Requires the executive director (director) of TDCJ and the commissioner of the Texas Department of Mental Health and Mental Retardation (commissioner) to establish a multidisciplinary team (team) to review available records of a person referred to the team under Section 841.021. Sets forth that the team is to include two persons from MHMR, three persons from TDCJ including one from the victim services office, one person from Department of Public Safety (DPS), and one person from the Interagency Council on Sex Offender Treatment (council). Authorizes the team to request the assistance of other persons in making a determination under this section. Requires the team, before the expiration of 30 days after receiving notice under Section 841.021(a) or (b), to determine whether the person is a sexually violent predator, give appropriate notice of that determination to TDCJ or MHMR, and refer the person to the special commitment center for examination, if the determination is returned that the person is a sexually violent predator. Sec. 841.023. SPECIAL COMMITMENT CENTER. Authorizes TDCJ or MHMR to transfer to the special commitment center (center) a person referred to the center under Section 841.022(c). Requires the center to determine whether the person is a sexually violent predator not later than the 30th day after the date of a referral under Section 841.022(c). Requires the center to designate an expert to examine the person. Requires the commissioner, if the center determines that the person is not a sexually violent predator, to give notice of the determination by the center that the person is a sexually violent predator to TDCJ or MHMR not later than the 30th day after the date of a referral under Section 841.011(c). Requires TDCJ to transport the person to a secure correctional facility for release, or require MHMR to transport the person to a state hospital for discharge, as appropriate. SUBCHAPTER C. PETITION ALLEGING PREDATOR STATUS Sec. 841.041. PETITION ALLEGING PREDATOR STATUS. Authorizes the attorney for the state, if the attorney determines that a person is a sexually violent predator, to file, in a Smith County district court other than a family district court, a petition alleging that the person is a sexually violent predator and stating facts sufficient to support the allegation. Requires the attorney to attempt to file the petition not later than the 15th day before the anticipated release or discharge date of the referred person. Provides that in no event is the attorney authorized to file the petition later than the 60th day after the date the person is referred to the attorney. Sec. 841.042. PROBABLE CAUSE DETERMINATION. Requires a judge to determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator, on the filing of a petition under Section 841.041. Requires the judge, on a determination that probable cause exists, to direct that the person be taken into custody and detained at the center. Sec. 841.043. HEARING. Requires the attorney, within 72 hours of detainment under Section 841.042, to give the detainee notice of a hearing to contest the determination of probable cause. Requires the judge at the hearing to verify the detainee's identity and determine whether probable cause exists. Authorizes the attorney to rely on the petition and supplement the petition with documentary evidence or live testimony. Sets forth the rights of the detainee. SUBCHAPTER D. TRIAL Sec. 841.061. TRIAL. Requires the judge to conduct a trial to determine whether the detainee is a sexually violent predator not later than the 60th day after the completion date of a hearing conducted under Section 841.043. Entitles the detainee or state to a trial by jury on demand. Provides that a trial by jury must be filed in writing not later than the 10th day before the date the trial is scheduled to begin. Provides that the number and selection of jurors is governed by Chapter 33 (The Mode of Trial), Code of Criminal Procedure. Sec. 841.062. DETERMINATION OF PREDATOR STATUS. Requires the judge or jury to determine whether, beyond a reasonable doubt, the detainee is a sexually violent predator. Entitles the state or detainee to appeal the determination. Provides that a verdict that the detainee is a sexually violent predator must be unanimous. Sec. 841.063. DISCHARGE AFTER TRIAL. Requires the judge to direct the detainee's discharge, unless the judge or jury determines the detainee is a sexually violent predator. Sec. 841.064. COMMITMENT OF PREDATOR. Requires the judge to commit the detainee to the custody of the commissioner for control, care, and treatment at the center until the detainee's behavioral abnormality has changed to the extent that the detainee is no longer likely to engage in a predatory act of sexual violence on discharge from the special commitment center or it is safe to conditionally release the detainee to a less restrictive alternative (conditionally release), on a determination by the judge or jury that the detainee is a sexually violent predator. Requires MHMR to enter into an interagency contract with TDCJ for the confinement of a detainee (person) committed under this section. Requires TDCJ to house or contract for the housing of persons committed under this section separately from inmates in the custody of TDCJ. Requires MHMR to provide or contract for the provision of care and treatment to a person committed under this section. Sec. 841.065. CONTINUANCE. Authorizes the judge to continue a trial conducted under Section 841.061 if the detained person is not substantially prejudiced by the continuance and on the request of either party and a showing of good cause, or on the judge's own motion in the due administration of justice. Sec. 841.066. MISTRIAL. Requires a judge, on a mistrial, to direct the detainee's continued detention at the special commitment center until another trial is conducted. Provides that a trial following a mistrial must begin not later than the 90th day after the date a mistrial was declared in the previous trial, unless the later trial is continued as provided by Section 841.065. SUBCHAPTER E. COMMITMENT REVIEW Sec. 841.081. BIENNIAL EXAMINATION. Requires a person committed under Section 841.064 to receive a biennial examination. Requires the commissioner to provide, for a review conducted under Section 841.082, a report of the biennial examination to the judge who committed the person under Section 841.064. Requires the report to include consideration of whether conditional release to a less restrictive alternative is in the best interest of the person and will protect the community. Sec. 841.082. BIENNIAL REVIEW. Requires the judge to conduct a biennial review of the status of the committed person. Entitles the person to be represented by counsel at the biennial review, but does not entitle the person to be present at that review. Requires the judge to set a hearing if the judge determines at the biennial review that probable cause exists to believe that the person's behavioral abnormality has changed to the extent that the person is no longer likely to engage in a predatory act of sexual violence on discharge from the special commitment center or that it is safe to conditionally release the person. Sec. 841.083. HEARING. Entitles the committed person, at a hearing set by the judge under Section 841.083, to be present and to have the benefit of all constitutional protections provided to the person at the initial civil commitment proceeding. Entitles the state to have the hearing conducted before a jury and to choose an expert to examine the person. Provides that the burden of proof at the hearing is on the state to prove beyond a reasonable doubt that the person's behavioral abnormality has not changed to the extent that the person is no longer likely to engage in a predatory act of sexual violence on discharge from the special commitment center, or that it is safe to conditionally release the person. SUBCHAPTER F. PETITIONS FOR DISCHARGE OR CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE Sec. 841.101. AUTHORIZED PETITIONS FOR DISCHARGE OR CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE. Requires the commissioner, upon a determination that the person's behavioral abnormality has changed to the extent that the person is no longer likely to engage in a predatory act of sexual violence on discharge from the special commitment center or that it is safe to conditionally release the person, to authorize the person to petition the court as is appropriate according to the determination. Requires the petitioner to serve a petition under this section on the court and the attorney representing the state. Requires the judge to order a hearing on a petition under this section not later than the 30th day after the date the judge receives the petition. Entitles the state to choose an expert to examine the petitioner. Requires the court to conduct a hearing before a jury, on request of either party. Provides that the burden of proof is on the state and that the level of proof is beyond a reasonable doubt. Sec. 841.102. UNAUTHORIZED PETITIONS FOR DISCHARGE OR CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE. Requires the commissioner, on a person's commitment and annually after commitment, to provide written notice to the person of the person's right to petition the court for discharge or for conditional release over the commissioner's objection. Sec. 841.103. FRIVOLOUS PETITIONS FOR DISCHARGE OR CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE. Requires the judge, on receipt of an unauthorized petition filed by the committed person, to attempt as soon as practicable to review the petition and determine if the petition is based on frivolous grounds. Requires the judge to deny the petition if it is on frivolous grounds. Requires a judge to deny without a hearing an unauthorized petition if the committed person has previously filed an unauthorized petition requesting the same action of the court and either the petition was found to be frivolous or the person's behavior had not changed appropriately to order what is requested in the petition. SUBCHAPTER G. DISCHARGE OR CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE Sec. 841.121. NOTICE OF DISCHARGE OR CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE. Requires the commissioner to give advance written notice of the discharge or conditional release to the victim, a guardian of the victim, or, if the victim is deceased, a close relative of the deceased victim. Provides that failure to provide notification under this section is not a reason to postpone discharge or conditional release and does not create a cause of action against the state or a state employee acting within the scope of employment. Defines "close relative of a deceased victim," "guardian of a victim," and "victim" to have the meanings assigned by Article 56.01 (Definitions), Code of Criminal Procedure. Sec. 841.122. CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE. Requires MHMR to provide or contract for the provision of treatment to a person who is conditionally released under this chapter. Requires MHMR to enter into an interagency agreement with TDCJ for any necessary supervision of a person conditionally released under this chapter. Requires TDCJ to provide or contract for the provision of supervision to the person. Authorizes provisions under this subchapter to include supervised housing. Authorizes a service provider other than MHMR or TDCJ to provide a service to a person under this chapter only if the service provider agrees in writing to provide the service. Sec. 841.123. CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE; COURT ORDER. Requires a judge to enter an order directing a person's conditional release upon a determination of specified findings. Requires the judge to impose on the person conditions necessary to ensure the person's compliance with treatment and to protect the community, before entering an order under this section. Sets forth authorized conditions. Requires TDCJ and MHMR, on order of the court, to examine the less restrictive alternative proposed by the judge and recommend to the judge any additional conditions necessary under this section. Requires the judge to provide to the person and to the service providers a copy of the conditions imposed under this section. Authorizes treatment to include the monitoring of a conditionally released person with a polygraph or plethysmograph. Requires a judge to remand the person to the commissioner as provided in this chapter if the judge does not order the person's conditional release, subject to discharge under this chapter. Sec. 841.124. CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE; TREATMENT REPORT. Requires a treatment provider to submit to TDCJ, as frequently as directed by TDCJ, a report stating whether the person is complying with treatment requirements. Sec. 841.125. CONDITIONAL RELEASE TO LESS RESTRICTIVE ALTERNATIVE; REVIEW. (a) Requires a judge under Section 841.123 to conduct an annual review of the person's status, if the judge conditionally released the person. Authorizes the judge to conduct more frequent reviews on the judge's own motion or that of the state. Requires a judge, on review, to determine whether to rescind or modify the person's conditional release. (b) Authorizes TDCJ, MHMR, the attorney representing the state, or the judge who conditionally released the person to cause the person to be taken into custody and detained at the center until a hearing can be scheduled to determine whether to rescind or modify the person's conditional release, on reasonable belief that the person is not complying with a condition of release, needs additional care or treatment, or poses and immediate risk to public safety. Requires TDCJ, MHMR, or the attorney representing the state, if responsible for causing the person's detention under this subsection to notify the judge of the detention before the close of the next judicial day. (c) Entitles the person being detained under this section and the state to an immediate examination of the person. Entitles the person, if indigent, to professional services as approved by the judge under Section 841.166. (d) Requires the judge to promptly schedule a hearing under this section. Makes hearsay evidence admissible at the hearing if it is considered otherwise reliable by the judge. Requires the judge to determine, at the hearing, whether the state has proven beyond a reasonable doubt noncompliance by the person, whether conditional release should be continued on the same or modified conditions, and whether to rescind the person's conditional release and remand the person to the commissioner in accordance with this chapter. Sec. 841.126. DEPARTMENTAL CERTIFICATE OR COURT ORDER DIRECTING RETURN TO SPECIAL COMMITMENT CENTER. Authorizes MHMR to cause a person to be taken into custody and remanded to the center by issuing a certificate directing the return if MHMR reasonably believes that the person is absent without authority from the center, has violated a condition of release, or poses and immediate risk to public safety. Authorizes a judge to enter an order directing a peace officer to take the person into custody and to return the person to the center as soon as possible, if MHMR issues a certificate under this section. Requires a peace officer, on direction of a MHMR certificate or court order under this section, to take the person into custody and return the person to the center as soon as possible. Provides that the certificate or order does not need to be in the officer's possession at the time the officer acts under this section. Provides that it is a state jail felony if a person is absent without authority from the center or if a person violates a condition of release. SUBCHAPTER H. ADMINISTRATION OF MEDICATIONS Sec. 841.141. DEFINITIONS. Defines "capacity," "medication-related emergency," and "psychoactive medication." Sec. 841.142. APPLICATION OF SUBCHAPTER. Applies this subchapter only to the application of psychoactive medication to a person who is subject to an order of commitment as a sexually violent predator under Section 841.064 or for whom a petition for that commitment has been filed under Section 841.041. Sec. 841.143. ADMINISTRATION OF MEDICATION TO PERSON. Prohibits a person from administering a psychoactive medication to a person who refuses to take the medication voluntarily unless the person is having a medication-related emergency, or the person is under an order issued under Section 841.146 authorizing the administration of the medication regardless of the person's refusal. Sec. 841.144. PHYSICIAN'S APPLICATION FOR ORDER TO AUTHORIZE PSYCHOACTIVE MEDICATION; DATE OF HEARING. Authorizes a physician who is treating a person to file an application, on behalf of the state, to a court with probate jurisdiction for an order to authorize the administration of a psychoactive medication regardless of the person's refusal under specified conditions. Provides the content requirements of an application under this section. Provides that an application under this section is different from a petition for commitment as a sexually violent predator. Sec. 841.145. RIGHTS OF PERSON. Sets forth the rights to which a person for whom an application for an order to authorize the administration of a psychoactive medication is filed is entitled. Sec. 841.146. HEARING ON PERSON'S CAPACITY AND ORDER AUTHORIZING PSYCHOACTIVE MEDICATION. (a) Authorizes the court to issue an order authorizing the administration of one or more classes of psychoactive medication only if the court finds by clear and convincing evidence after the hearing that: (1) the person is subject to an order of commitment under Section 841.064 or a petition has been filed under Section 841.041; (2) the person lacks the capacity to make a decision regarding the administration of the proposed medication; and (3) treatment with the proposed medication is in the best interest of the person. (b) Requires the court to consider, in making its findings: (1) the person's expressed preferences regarding treatment with psychoactive medication; (2) the person's religious beliefs; (3) the risks and benefits to the person of taking the psychoactive medication; (4) the consequences to the person if the psychoactive medication is not administered; (5) the prognosis for the person if the person is treated with psychoactive medication; and (6) alternatives to treatment with psychoactive medication. (c) Requires a hearing under this subchapter to be conducted on the record by the judge, except as provided by Subsection (d). (d) Authorizes a judge to refer a hearing to a magistrate or court-appointed master who has training regarding psychoactive medications. Authorizes the magistrate or master to give notice, set hearing dates, and appoint attorneys as required in the subchapter. Provides that a record is not required if the hearing is held by a magistrate or courtappointed master. (e) Entitles a party to a hearing de novo by the judge if an appeal of the magistrate's or master's report is filed with the court within three days after the date the report is issued. Requires the hearing to be held within 30 days of the date of the filing of the application for an order to authorize psychoactive medication. (f) Authorizes the person to have a hearing or an appeal of a master's or magistrate's report be heard by a judge who is licensed to practice law in this state. Requires the county judge to transfer the case after receiving a request and requires the receiving court to hear it de novo. (g) Entitles a person, as soon as practicable, to have provided written notification of the court's determinations under this section. Provides that the notification must include a statement of the evidence on which the court relied and the reasons for the court's determinations. (h) Authorizes an order under this section to authorize the administration to a person of one or more classes of psychoactive medications specified in the application and consistent with the person's diagnosis. Authorizes the order to permit an increase or decrease in a medication's dosage, the restitution of medication authorized but discontinued during the period the order is valid, or the substitution of a medication within the same class. (i) Provides that the classes of psychoactive medications in the order must conform to classes determined by MHMR. (j) Authorizes and order issued under this section to be preauthorized or modified on the petition of a party. Maintains the order in effect pending action on a petition for preauthorization or modification. Authorizes a modification order to change a class of medication authorized in the order. Sec. 841.147. COSTS. Requires the costs for hearings under this subchapter to be paid by the court with probate jurisdiction in which the application is filed. Sec. 841.148. APPEAL. Authorizes a person to appeal an order under this subchapter. Provides that an order under this subchapter is effective pending an appeal of the order. Sec. 841.149. EFFECT OF ORDER. Prohibits a person's consent to take a psychoactive medication from being relied on if the person is subject to an order issued under Section 841.146, and makes this consent invalid. Provides that issuance of an order under Section 841.146 is not a determination or adjudication of mental incompetency and does not limit in any other respect that person's rights as a citizen or the person's rights or legal capacity. Sec. 841.150. EXPIRATION OF ORDER. Provides that an order issued under Section 841.146 expires on the expiration or termination date of the order of commitment as a sexually violent predator. SUBCHAPTER I. MISCELLANEOUS PROVISIONS Sec. 841.161. RULEMAKING AUTHORITY. Requires the Texas Board of Mental Health and Mental Retardation (board), by rule, to administer this chapter. Provides that rules adopted by the board under this section must be consistent with the purposes of this chapter. Requires the board by rule to define for persons committed under this chapter appropriate rights based on individualized risk assessments of those persons. Sec. 841.162. RELEASE OR EXCHANGE OF INFORMATION. Requires any entity that possesses relevant information relating to a person's predator status to release the information to an entity charged with determining that status, and to MHMR, regardless of whether the information is otherwise confidential or when it was created or collected. Requires TDCJ, MHMR, a service provider contracting with one of those agencies, the multidisciplinary team, and the attorney for the state to release any available information regarding a person that is sought in connection with an attempt to civilly commit the person as a sexually violent predator in another state to an attorney for the state or a political subdivision. Authorizes TDCJ, MHMR, a service provider contracting with one of those agencies, the multidisciplinary team, and the attorney for the state to exchange any available information regarding the person. Provides that information subject to release or exchange under this section includes information relating to the care, treatment, criminal history, or physical or mental health of the person, as appropriate. Provides that the person's consent is not required for the release of this information. Sec. 841.163. REPORT, RECORD, OR STATEMENT SUBMITTED TO COURT. (a) Requires a psychological report, drug and alcohol report, treatment record, report of diagnostic center, medical record, or victim impact statement submitted to the court under this chapter to be part of the record of the court. (b) Provides that the report, record, or statement must be sealed and authorizes it to be opened only on order of the judge or as provided by this chapter, notwithstanding Subsection (a). Sec. 841.164. CONSTITUTIONAL REQUIREMENTS FOR CARE AND TREATMENT. Provides that the detention or commitment of a person under this chapter must conform to constitutional requirements for care and treatment. Sec. 841.165. COUNSEL. Provides that at all stages of the civil commitment proceedings under this chapter, a detained or committed person is entitled to the assistance of counsel. Requires the court to appoint counsel if the person is indigent. Sec. 841.166. EXPERT. Authorizes a person detained under this chapter to retain an expert to perform an examination or participate in a civil commitment proceeding on the person's behalf. Requires a judge, on request of an indigent person, to determine whether expert services for the person are necessary. Requires the judge to appoint an expert if it is determined necessary. Requires the court to approve reasonable compensation for expert services rendered on behalf of an indigent person on the filing of a certified compensation claim supported by a written statement. Provides the requirements of the written statement. Requires the court to ensure that an expert retained or appointed under this section has for purposes of examination reasonable access to a person examined under this chapter, as well as to all relevant medical and psychological records and reports. Sec. 841.167. CIVIL COMMITMENT PROCEEDING; PROCEDURE AND COSTS. Entitles the person and the attorney representing the state to a jury trial on a hearing before a jury for that proceeding if so requested. Subjects a civil commitment process to the rules of civil procedure and appeal for civil cases. Requires the state to pay the costs of a civil commitment proceeding conducted under this chapter, except as provided by Subchapter H. Sec. 841.168. IMMUNITY. Provides that the following person are immune from liability for good faith conduct under this chapter: (1) an employee or officer of MHMR or TDCJ; (2) a member of the multidisciplinary team established under Section 841.022; (3) the attorney representing the state; and (4) a person contracting, appointed, or volunteering to perform a service under this chapter. SECTION 2. Amends Sections 51.13(a) and (b), Family Code, to subject the section to the provisions of Chapter 841, Health and Safety Code. Makes conforming and nonsubstantive changes. SECTION 3. Amends Section 494.008(a), Government Code, to authorize the director of the TDCJ or the director's designee to authorize those employees to transport and to apprehend persons subject to civil commitment proceedings under Chapter 841, Health and Safety Code. SECTION 4. Amends Section 250.001(3), Health and Safety Code, to expand the definition of "facility" to include a facility established under Chapter 841 that provides control, care, and treatment to sexually violent predators and that is operated by or contracts with MHMR or TDCJ. SECTION 5. Amends Chapter 321, Health and Safety Code, by adding Section 321.005, as follows: Sec. 321.005. APPLICATION OF CHAPTER. Provides that this chapter does not apply to the center established for sexually violent predators under Chapter 841 or waive an immunity defense that is otherwise available under this chapter. SECTION 6. Amends Subchapter D, Chapter 533, Health and Safety Code, by adding Section 533.0851, as follows: Sec. 533.0851. FACILITIES FOR PREDATOR CARE. (a) Authorizes MHMR to transfer a part of Rusk State Hospital to TDCJ for the confinement of sexually violent predators under Chapter 841, contingent on the agreement of the governing board of MHMR and the governing board of TDCJ. Defines "transfer," under this section, to mean to convey title to, lease, or otherwise convey the beneficial use of facilities, equipment, and land to the facilities. SECTION 7. (a) Makes application of this Act prospective, except as provided by Subsection (b). (b) Makes application of this Act prospective as to delinquent conduct that occurs on or after January 1, 1996. SECTION 8. Effective date: September 1, 1999. SECTION 9. Emergency clause.