Bill Text: TX HB3666 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the effect and disregard of declarations for mental health treatment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-01 - Left pending in committee [HB3666 Detail]

Download: Texas-2019-HB3666-Introduced.html
 
 
  By: Murr H.B. No. 3666
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the effect and disregard of declarations for mental
  health treatment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 137.008(a) and (b), Civil Practice and
  Remedies Code, are amended to read as follows:
         (a)  A physician or other health care provider may subject
  the principal to mental health treatment in a manner contrary to the
  principal's wishes as expressed in a declaration for mental health
  treatment only after a judicial determination that the principal
  was mentally incompetent at the time the principal executed the
  declaration for mental health treatment[:
               [(1)     if the principal is under an order for temporary
  or extended mental health services under Section 574.034 or
  574.035, Health and Safety Code, and treatment is authorized in
  compliance with Section 574.106, Health and Safety Code; or
               [(2)     in case of an emergency when the principal's
  instructions have not been effective in reducing the severity of
  the behavior that has caused the emergency].
         (b)  A declaration for mental health treatment does not limit
  any authority to arrest or prosecute a person for violation of a law
 
  [provided by Chapter 573 or 574, Health and Safety Code:
               [(1)  to take a person into custody; or
               [(2)     to admit or retain a person in a mental health
  treatment facility].
         SECTION 2.  Section 137.008(c), Civil Practice and Remedies
  Code, is repealed.
         SECTION 3.  This Act takes effect September 1, 2019.
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