HBA-CCH C.S.H.B. 1072 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1072
By: Farabee
Public Health
3/13/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

If a mentally ill patient posses a substantial risk of harm to themselves
or others, the court may order inpatient health care services.  Prior to
1999, when a patient was absent without permission from the designated
facility, a peace or health officer could, at the request of the facility
administrator, apprehend, detain, and return the patient to the facility
with or without a court order.  The 76th Legislature enacted legislation to
clarify procedures for retrieving an escaped mental patient.  Under current
law, a peace officer may take into custody, detain, and return a patient
only when a court orders the patient's return.  This court process often
makes returning absent patients to their facilities more burdensome.
C.S.H.B. 1072 authorizes a peace officer, at the request of the
administrator, to apprehend, detain, and return absent patients who are
within the municipality or county in which the facility is located, with an
administrative certificate or a court order.  

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. 

ANALYSIS

C.S.H.B. 1072 amends the Health and Safety Code to authorize the facility
administrator of an inpatient care facility and the superintendent of a
residential care facility to issue a certificate directly to a law
enforcement agency of the facility's municipality or county that authorizes
a peace officer to take into custody, detain, and return an absent patient
who has been court-ordered to receive care or treatment at that facility.
The bill provides that if there is reason to believe that an absent patient
may be outside the facility's municipality or county, the facility
administrator or superintendent is authorized to issue a certificate or an
affidavit requesting a magistrate to issue an order authorizing a peace
officer to take into custody, detain, and return the patient as soon as
possible.  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1072 modifies the original by clarifying that a peace officer is
authorized to take into custody, detain, and return an absent patient with
an administrative certificate or a court order.