Bill Text: TX SB1293 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to the authority of certain courts to employ attorneys as mental health public defenders and to the reimbursement of an attorney who represents an indigent proposed patient in certain mental health proceedings.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2019-05-09 - Committee report sent to Calendars [SB1293 Detail]

Download: Texas-2019-SB1293-Comm_Sub.html
  86R29995 EAS-D
 
  By: Zaffirini, et al. S.B. No. 1293
 
  (Hinojosa)
 
  Substitute the following for S.B. No. 1293:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of certain courts to employ attorneys as
  mental health public defenders and to the reimbursement of an
  attorney who represents an indigent proposed patient in certain
  mental health proceedings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 571, Health and Safety Code, is amended
  by adding Sections 571.0168 and 571.0169 to read as follows:
         Sec. 571.0168.  MENTAL HEALTH PUBLIC DEFENDERS. (a) This
  section applies only to a county with a population of 800,000 or
  more.
         (b)  A court with primary responsibility for mental illness
  proceedings in a county to which this section applies, with the
  permission of the commissioners court of that county, may employ
  attorneys as mental health public defenders to provide proposed
  patients with legal representation in a proceeding under Chapter
  574.
         Sec. 571.0169.  REPRESENTATION OF PROPOSED PATIENT. (a)
  Subject to Subsection (b), the court shall appoint an attorney
  employed as a mental health public defender described by Section
  571.0168, a public defender other than a mental health public
  defender, or a private attorney to represent a proposed patient in
  any proceeding under Chapter 574.
         (b)  If the county employs a public defender other than a
  mental health public defender that is assigned to a court with
  primary responsibility for mental illness proceedings for that
  county, the court must appoint that public defender to represent a
  proposed patient in a proceeding under Chapter 574 unless the court
  enters in the record a statement of the reason the court is unable
  to appoint that public defender.
         SECTION 2.  Section 574.010(b), Health and Safety Code, is
  amended to read as follows:
         (b)  If the court determines that the proposed patient is
  indigent, the court may authorize reimbursement to the attorney
  representing the proposed patient [ad litem] for court-approved
  expenses incurred in obtaining expert testimony and may order the
  proposed patient's county of residence to pay the expenses.
         SECTION 3.  This Act takes effect September 1, 2019.
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