HBA-CBW C.S.H.B. 2322 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2322
By: Coleman
Judicial Affairs
4/30/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law limits the ability of a court-appointed guardian of an
incapacitated person to voluntarily admit that person to a public or
private inpatient psychiatric facility or to a residential facility for
care and treatment to an emergency admission, respite care, or if the
person in the guardian's care is younger than 16 years of age.  C.S.H.B.
2322 authorizes a guardian of the person of a ward  16 years  of age or
older to apply to the court that granted the guardianship for authority to
consent to the voluntary admission of the ward to a public or private
inpatient psychiatric facility for care and treatment. 

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. 2322 amends the Texas Probate Code to authorize  a guardian of the
person of a ward 16 years of age or older (ward) to apply to the court that
granted the guardianship for authority to consent to the voluntary
admission of the ward to a public or private inpatient psychiatric facility
for care and treatment. Not later than 72 hours after the time the
application is filed,  the bill requires the court to appoint an attorney
ad litem for the ward, hold a hearing, and issue an order granting or
denying the application.   The bill requires the court to grant the
application and to enter an order authorizing the guardian to consent to
the voluntary admission of the ward to an inpatient psychiatric facility
for care and treatment for a period not to exceed 14 days only if the court
finds by clear and convincing evidence that admission for inpatient mental
health services meets certain criteria.  The existence of an order does not
preclude the authorized discharge of  a ward at a date earlier than the
date in the order (Sec. 770).     

The bill sets forth provisions pertaining to the costs for such a
proceeding.  The bill prohibits the state or a county from paying any costs
for a ward admitted for care and treatment to a private mental hospital
unless a public facility is not available and the commissioners court of
the county in which the proceeding is held authorizes the payment, if
appropriate.  The bill requires the judge of the probate court to order the
clerk of the court to refund the costs when an inpatient mental health
facility files an affidavit with the clerk of the court certifying that it
has received no compensation or reimbursement for the treatment of a ward
for whom court costs have been paid or advanced (Sec. 770A).   

C.S.H.B.  2322 amends the Health and Safety Code to authorize the facility
administrator or the administrator's authorized, qualified designee to
admit a person for whom a proper request for voluntary inpatient services
is filed if the administrator or the designee determines that the admission
was voluntarily agreed to by the person's guardian if the person is an
incapacitated person 16 years of age or older and the guardian is
authorized to consent to the admission (Sec. 572.002). 

C.S.H.B.  2322 amends the Local Government Code to add to the fee schedule
for a probate court action a filing fee of $40 to file an application for
voluntary admission of a ward to an inpatient psychiatric facility (Sec.
118.052).   
 

EFFECTIVE DATE

September, 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2322 differs from the original bill by authorizing a guardian of
the person of a ward 16 years of age or older (ward) to apply to the court
that granted the guardianship  for authority to consent to the voluntary
admission of the ward to a public or private inpatient psychiatric facility
for care and treatment. The original provided that a guardian of the person
of a ward, regardless of age, had the authority to consent to the voluntary
admission of the ward to a public or private inpatient psychiatric facility
if the guardian held letters of guardianship under an order specifically
granting the guardian that authority.   The substitute  requires the court
to appoint an attorney ad litem for the ward, hold a hearing, and issue an
order granting or denying the application not later than 72 hours after the
time the application is filed.  The original required the guardian to
return to the court, not longer than 24 hours after the time of the
admission of a ward, a report of the admission and a specified statement
and provided that the report must include the reason for the admission.  In
addition, the original made provisions for admission on a Saturday, Sunday,
or legal holiday.   The substitute modifies the maximum time period for
admission for the care and treatment of a ward from 15 days for a single
admission or 45 days during any 12-month period to 14 days and modifies the
conditions under which an admission is permissible (Sec. 770, Texas Probate
Code).   

The substitute sets forth provisions regarding the costs of proceedings and
prohibits the state or  a county from paying any costs for a ward admitted
for care and treatment to a private mental hospital unless certain
conditions are met.  The substitute requires the judge of the probate court
to order the clerk of the court to refund the costs under certain
conditions (Sec. 770A, Texas Probate Code). 

The substitute authorizes the facility administrator or the administrator's
authorized, qualified designee to admit a person for voluntary inpatient
services if the administrator or the designee determines that the admission
was voluntarily agreed to by the person's guardian if the person is an
incapacitated person 16 years of age or older and the guardian is
authorized to consent to the admission (Sec. 572.002, Health and Safety
Code).    

The substitute adds to the filing fee schedule a fee for filing an
application for voluntary admission of a ward to an inpatient psychiatric
facility (Sec. 118.052, Local Government Code).  The substitute removes
provisions authorizing the court to appoint a guardian ad litem, attorney
ad litem, or both.  The substitute removes the provision that provides that
the order of the court appointing a guardian must specify whether the
guardian has the authority to consent to the voluntary admission of the
ward to a public or private inpatient psychiatric facility.