HBA-BSM S.B. 1767 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1767 By: Carona Public Health 5/7/2001 Engrossed BACKGROUND AND PURPOSE Under current Texas law, an order of protective custody is necessary to transfer a person who has been admitted under emergency detention from a county mental health facility to a facility of the single portal authority or an appropriate inpatient mental health facility. Senate Bill 1767 authorizes a judge to designate a magistrate appointed by the judge of another court to issue the necessary order of protective custody. 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 Senate Bill 1767 amends the Health and Safety Code to authorize a judge of a court in which the application for court-ordered mental health services is pending to designate a magistrate appointed by the judge of another court to issue protective custody orders. The bill provides that this duty of the magistrate is in addition to the magistrate's duties prescribed by other law. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.