HBA-JLV H.B. 1073 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1073 By: Farabee Judicial Affairs 7/3/2001 Enrolled BACKGROUND AND PURPOSE In many involuntary civil commitment proceedings, emergency detention is the first step in the process, which occurs before a case is filed with the court. Emergency detention may or may not lead to the filing of an application for court ordered mental health services. If such an application is not filed, the court does not become involved. Some mental health facilities refuse to admit patients under an emergency detention provision and demand that the courts issue orders of protective custody to detain a proposed patient until a final commitment hearing. Prior to the 77th Legislature, the facilities relied on law which provided that a probate court or a court having probate jurisdiction is required to be open at all times for mental health proceedings. Such a requirement could have been burdensome for the participants and costly for the county responsible for payment. House Bill 1073 changes the hours of operation of a probate court from its having to be open at all times to being open only during normal business hours and requires the probate judge or magistrate to be available at all times at the request of certain persons. 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 House Bill 1073 amends the Health and Safety Code to modify the business hours of a probate court or a court having probate jurisdiction to be open for mental health proceedings during normal business hours rather than open all hours. The bill requires the probate judge or magistrate to be available at all times at the request of a person apprehended or detained for emergency detention, or a proposed patient for courtordered mental health services. EFFECTIVE DATE June 11, 2001.