Bill Text: TX SB362 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to court-ordered mental health services.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2019-05-21 - Reported enrolled [SB362 Detail]

Download: Texas-2019-SB362-Enrolled.html
 
 
  S.B. No. 362
 
 
 
 
AN ACT
  relating to court-ordered mental health services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 137.008(a), Civil Practice and Remedies
  Code, is 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:
               (1)  if the principal is under an order for temporary or
  extended mental health services under Section 574.034, 574.0345,
  [or] 574.035, or 574.0355, 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.
         SECTION 2.  Article 16.22, Code of Criminal Procedure, is
  amended by amending Subsection (c) and adding Subsections (c-1),
  (c-2), and (c-3) to read as follows:
         (c)  After the trial court receives the applicable expert's
  written assessment relating to the defendant under Subsection (b-1)
  or elects to use the results of a previous determination as
  described by Subsection (a)(2), the trial court may, as applicable:
               (1)  resume criminal proceedings against the
  defendant, including any appropriate proceedings related to the
  defendant's release on personal bond under Article 17.032 if the
  defendant is being held in custody;
               (2)  resume or initiate competency proceedings, if
  required, as provided by Chapter 46B [or other proceedings
  affecting the defendant's receipt of appropriate court-ordered
  mental health or intellectual disability services, including
  proceedings related to the defendant's receipt of outpatient mental
  health services under Section 574.034, Health and Safety Code];
               (3)  consider the written assessment during the
  punishment phase after a conviction of the offense for which the
  defendant was arrested, as part of a presentence investigation
  report, or in connection with the impositions of conditions
  following placement on community supervision, including deferred
  adjudication community supervision; [or]
               (4)  refer the defendant to an appropriate specialty
  court established or operated under Subtitle K, Title 2, Government
  Code; or 
               (5)  if the offense charged does not involve an act,
  attempt, or threat of serious bodily injury to another person,
  release the defendant on bail while charges against the defendant
  remain pending and enter an order transferring the defendant to the
  appropriate court for court-ordered outpatient mental health
  services under Chapter 574, Health and Safety Code.
         (c-1)  If an order is entered under Subsection (c)(5), an
  attorney representing the state shall file the application for
  court-ordered outpatient services under Chapter 574, Health and
  Safety Code.
         (c-2)  On the motion of an attorney representing the state,
  if the court determines the defendant has complied with appropriate
  court-ordered outpatient treatment, the court may dismiss the
  charges pending against the defendant and discharge the defendant.
         (c-3)  On the motion of an attorney representing the state,
  if the court determines the defendant has failed to comply with
  appropriate court-ordered outpatient treatment, the court shall
  proceed under this chapter or with the trial of the offense.
         SECTION 3.  Section 55.13(d), Family Code, is amended to
  read as follows:
         (d)  After conducting a hearing on an application under this
  section, the juvenile court shall:
               (1)  if the criteria under Section 574.034 or 574.0345,
  Health and Safety Code, are satisfied, order temporary mental
  health services for the child; or
               (2)  if the criteria under Section 574.035 or 574.0355,
  Health and Safety Code, are satisfied, order extended mental health
  services for the child.
         SECTION 4.  Section 55.38(b), Family Code, is amended to
  read as follows:
         (b)  After conducting a hearing under Subsection (a)(2), the
  juvenile court shall:
               (1)  if the criteria under Section 574.034 or 574.0345,
  Health and Safety Code, are satisfied, order temporary mental
  health services; or
               (2)  if the criteria under Section 574.035 or 574.0355,
  Health and Safety Code, are satisfied, order extended mental health
  services.
         SECTION 5.  Section 55.57(b), Family Code, is amended to
  read as follows:
         (b)  After conducting a hearing under Subsection (a)(2), the
  juvenile court shall:
               (1)  if the criteria under Section 574.034 or 574.0345,
  Health and Safety Code, are satisfied, order temporary mental
  health services; or
               (2)  if the criteria under Section 574.035 or 574.0355,
  Health and Safety Code, are satisfied, order extended mental health
  services.
         SECTION 6.  Subchapter B, Chapter 22, Government Code, is
  amended by adding Section 22.1106 to read as follows:
         Sec. 22.1106.  JUDICIAL INSTRUCTION RELATED TO
  COURT-ORDERED OUTPATIENT MENTAL HEALTH SERVICES.  The court of
  criminal appeals shall ensure that judicial training related to
  court-ordered outpatient mental health services is provided at
  least once every year.  The instruction may be provided at the
  annual Judicial Education Conference.
         SECTION 7.  Section 501.057(b), Government Code, is amended
  to read as follows:
         (b)  Not later than the 30th day before the initial parole
  eligibility date of an inmate identified as mentally ill, an
  institutional division psychiatrist shall examine the inmate. The
  psychiatrist shall file a sworn application for court-ordered
  temporary mental health services under Chapter 574, Health and
  Safety Code, if the psychiatrist determines that the inmate is
  mentally ill and as a result of the illness the inmate meets at
  least one of the criteria listed in Section 574.034 or 574.0345,
  Health and Safety Code.
         SECTION 8.  Section 574.002(c), Health and Safety Code, is
  amended to read as follows:
         (c)  Any application must contain the following information
  according to the applicant's information and belief:
               (1)  the proposed patient's name and address;
               (2)  the proposed patient's county of residence in this
  state;
               (3)  a statement that the proposed patient is a person
  with mental illness and meets the criteria in Section 574.034,
  574.0345, [or] 574.035, or 574.0355 for court-ordered mental health
  services; and
               (4)  whether the proposed patient is charged with a
  criminal offense.
         SECTION 9.  Section 574.031, Health and Safety Code, is
  amended by adding Subsections (d-1) and (d-2) to read as follows:
         (d-1)  In a hearing for temporary inpatient or outpatient
  mental health services under Section 574.034 or 574.0345, the
  proposed patient or the proposed patient's attorney, by a written
  document filed with the court, may waive the right to cross-examine
  witnesses, and, if that right is waived, the court may admit, as
  evidence, the certificates of medical examination for mental
  illness.  The certificates admitted under this subsection
  constitute competent medical or psychiatric testimony, and the
  court may make its findings solely from the certificates.  If the
  proposed patient or the proposed patient's attorney does not waive
  in writing the right to cross-examine witnesses, the court shall
  proceed to hear testimony.  The testimony must include competent
  medical or psychiatric testimony.
         (d-2)  In a hearing for extended inpatient or outpatient
  mental health services under Section 574.035 or 574.0355, the court
  may not make its findings solely from the certificates of medical
  examination for mental illness but shall hear testimony.  The court
  may not enter an order for extended mental health services unless
  appropriate findings are made and are supported by testimony taken
  at the hearing. The testimony must include competent medical or
  psychiatric testimony.
         SECTION 10.  The heading to Section 574.034, Health and
  Safety Code, is amended to read as follows:
         Sec. 574.034.  ORDER FOR TEMPORARY INPATIENT MENTAL HEALTH
  SERVICES.
         SECTION 11.  Sections 574.034(g) and (h), Health and Safety
  Code, are amended to read as follows:
         (g)  An order for temporary inpatient [or outpatient] mental
  health services shall provide for a period of treatment not to
  exceed [state that treatment is authorized for not longer than] 45
  days, except that the order may specify a period not to exceed 90
  days if the judge finds that the longer period is necessary.
         (h)  A judge may not issue an order for temporary inpatient
  [or outpatient] mental health services for a proposed patient who
  is charged with a criminal offense that involves an act, attempt, or
  threat of serious bodily injury to another person.
         SECTION 12.  Subchapter C, Chapter 574, Health and Safety
  Code, is amended by adding Section 574.0345 to read as follows:
         Sec. 574.0345.  ORDER FOR TEMPORARY OUTPATIENT MENTAL HEALTH
  SERVICES. (a)  The judge may order a proposed patient to receive
  court-ordered temporary outpatient mental health services only if:
               (1)  the judge finds that appropriate mental health
  services are available to the proposed patient; and
               (2)  the judge or jury finds, from clear and convincing
  evidence, that:
                     (A)  the proposed patient is a person with severe
  and persistent mental illness;
                     (B)  as a result of the mental illness, the
  proposed patient will, if not treated, experience deterioration of
  the ability to function independently to the extent that the
  proposed patient will be unable to live safely in the community
  without court-ordered outpatient mental health services;
                     (C)  outpatient mental health services are needed
  to prevent a relapse that would likely result in serious harm to the
  proposed patient or others; and
                     (D)  the proposed patient has an inability to
  participate in outpatient treatment services effectively and
  voluntarily, demonstrated by:
                           (i)  any of the proposed patient's actions
  occurring within the two-year period that immediately precedes the
  hearing; or
                           (ii)  specific characteristics of the
  proposed patient's clinical condition that significantly impair
  the proposed patient's ability to make a rational and informed
  decision whether to submit to voluntary outpatient treatment.
         (b)  To be clear and convincing under Subsection (a)(2), the
  evidence must include expert testimony and evidence of a recent
  overt act or a continuing pattern of behavior that tends to confirm:
               (1)  the deterioration of ability to function
  independently to the extent that the proposed patient will be
  unable to live safely in the community;
               (2)  the need for outpatient mental health services to
  prevent a relapse that would likely result in serious harm to the
  proposed patient or others; and
               (3)  the proposed patient's inability to participate in
  outpatient treatment services effectively and voluntarily.
         (c)  An order for temporary outpatient mental health
  services shall state that treatment is authorized for not longer
  than 45 days, except that the order may specify a period not to
  exceed 90 days if the judge finds that the longer period is
  necessary.
         (d)  A judge may not issue an order for temporary outpatient
  mental health services for a proposed patient who is charged with a
  criminal offense that involves an act, attempt, or threat of
  serious bodily injury to another person.
         SECTION 13.  The heading to Section 574.035, Health and
  Safety Code, is amended to read as follows:
         Sec. 574.035.  ORDER FOR EXTENDED INPATIENT MENTAL HEALTH
  SERVICES.
         SECTION 14.  Sections 574.035(d), (h), and (i), Health and
  Safety Code, are amended to read as follows:
         (d)  The jury or judge is not required to make the finding
  under Subsection (a)(4) [or (b)(2)(F)] if the proposed patient has
  already been subject to an order for extended mental health
  services.
         (h)  An order for extended inpatient [or outpatient] mental
  health services must provide for a period of treatment not to exceed 
  [shall state that treatment is authorized for not longer than] 12
  months.  [The order may not specify a shorter period.]
         (i)  A judge may not issue an order for extended inpatient
  [or outpatient] mental health services for a proposed patient who
  is charged with a criminal offense that involves an act, attempt, or
  threat of serious bodily injury to another person.
         SECTION 15.  Subchapter C, Chapter 574, Health and Safety
  Code, is amended by adding Section 574.0355 to read as follows:
         Sec. 574.0355.  ORDER FOR EXTENDED OUTPATIENT MENTAL HEALTH
  SERVICES. (a)  The judge may order a proposed patient to receive
  court-ordered extended outpatient mental health services only if:
               (1)  the judge finds that appropriate mental health
  services are available to the proposed patient; and
               (2)  the judge or jury finds, from clear and convincing
  evidence, that:
                     (A)  the proposed patient is a person with severe
  and persistent mental illness;
                     (B)  as a result of the mental illness, the
  proposed patient will, if not treated, experience deterioration of
  the ability to function independently to the extent that the
  proposed patient will be unable to live safely in the community
  without court-ordered outpatient mental health services;
                     (C)  outpatient mental health services are needed
  to prevent a relapse that would likely result in serious harm to the
  proposed patient or others;
                     (D)  the proposed patient has an inability to
  participate in outpatient treatment services effectively and
  voluntarily, demonstrated by:
                           (i)  any of the proposed patient's actions
  occurring within the two-year period that immediately precedes the
  hearing; or
                           (ii)  specific characteristics of the
  proposed patient's clinical condition that significantly impair
  the proposed patient's ability to make a rational and informed
  decision whether to submit to voluntary outpatient treatment;
                     (E)  the proposed patient's condition is expected
  to continue for more than 90 days; and
                     (F)  the proposed patient has received:
                           (i)  court-ordered inpatient mental health
  services under this subtitle or under Subchapter D or E, Chapter
  46B, Code of Criminal Procedure, for a total of at least 60 days
  during the preceding 12 months; or
                           (ii)  court-ordered outpatient mental
  health services under this subtitle or under Subchapter D or E,
  Chapter 46B, Code of Criminal Procedure, during the preceding 60
  days.
         (b)  The jury or judge is not required to make the finding
  under Subsection (a)(2)(F) if the proposed patient has already been
  subject to an order for extended mental health services.
         (c)  To be clear and convincing under Subsection (a)(2), the
  evidence must include expert testimony and evidence of a recent
  overt act or a continuing pattern of behavior that tends to confirm:
               (1)  the deterioration of the ability to function
  independently to the extent that the proposed patient will be
  unable to live safely in the community; 
               (2)  the need for outpatient mental health services to
  prevent a relapse that would likely result in serious harm to the
  proposed patient or others; and
               (3)  the proposed patient's inability to participate in
  outpatient treatment services effectively and voluntarily.
         (d)  An order for extended outpatient mental health services
  must provide for a period of treatment not to exceed 12 months.
         (e)  A judge may not issue an order for extended outpatient
  mental health services for a proposed patient who is charged with a
  criminal offense that involves an act, attempt, or threat of
  serious bodily injury to another person.
         SECTION 16.  Section 574.036(e), Health and Safety Code, is
  amended to read as follows:
         (e)  The judge may enter an order:
               (1)  committing the person to a mental health facility
  for inpatient care if the trier of fact finds that the person meets
  the commitment criteria prescribed by Section 574.034(a) or
  574.035(a); or
               (2)  committing the person to outpatient mental health
  services if the trier of fact finds that the person meets the
  commitment criteria prescribed by Section 574.0345(a) [574.034(b)]
  or 574.0355(a) [574.035(b)].
         SECTION 17.  Sections 574.037(a), (b-2), and (c-2), Health
  and Safety Code, are amended to read as follows:
         (a)  The court, in an order that directs a patient to
  participate in outpatient mental health services, shall designate
  the person identified under Section 574.0125 as responsible for
  those services or may designate a different person if necessary.  
  The person designated must be the facility administrator or an
  individual involved in providing court-ordered outpatient
  services.  A person may not be designated as responsible for the
  ordered services without the person's consent unless the person is
  the facility administrator of a department facility or the facility
  administrator of a community center that provides mental health
  services:
               (1)  in the region in which the committing court is
  located; or
               (2)  in a county where a patient has previously
  received mental health services.
         (b-2)  The person responsible for the services shall submit
  the program to the court before the hearing under Section 574.0345
  or 574.0355 [574.034 or 574.035] or before the court modifies an
  order under Section 574.061, as appropriate.
         (c-2)  A court may[, on its own motion,] set a status
  conference in accordance with Section 574.0665 [with the person
  responsible for the services, the patient, and the patient's
  attorney].
         SECTION 18.  Sections 574.061(a), (b), (c), (d), (e), and
  (h), Health and Safety Code, are amended to read as follows:
         (a)  The facility administrator of a facility to which a
  patient is committed for inpatient mental health services, not
  later than the 30th day after the date the patient is committed to
  the facility, shall assess the appropriateness of transferring the
  patient to outpatient mental health services.  The facility
  administrator may recommend that [may request] the court that
  entered the commitment order [to] modify the order to require the
  patient to participate in outpatient mental health services.
         (b)  A [The] facility administrator's recommendation under
  Subsection (a) [request] must explain in detail the reason for the
  recommendation [request]. The recommendation [request] must be
  accompanied by a supporting certificate of medical examination for
  mental illness signed by a physician who examined the patient
  during the seven days preceding the recommendation [request].
         (c)  The patient shall be given notice of a facility
  administrator's recommendation under Subsection (a) [the request].
         (d)  On request of the patient or any other interested
  person, the court shall hold a hearing on a facility
  administrator's recommendation that the court modify the
  commitment order [the request]. The court shall appoint an
  attorney to represent the patient at the hearing and shall consult
  with the local mental health authority before issuing a decision.
  The hearing shall be held before the court without a jury and as
  prescribed by Section 574.031.  The patient shall be represented by
  an attorney and receive proper notice.
         (e)  If a hearing is not requested, the court may make a [the]
  decision regarding a facility administrator's recommendation based
  on:
               (1)  [solely from] the recommendation;
               (2)  [request and] the supporting certificate; and
               (3)  consultation with the local mental health
  authority concerning available resources to treat the patient.
         (h)  A modified order may [not] extend beyond the term of the
  original order, but may not exceed the term of the original order by
  more than 60 days.
         SECTION 19.  Subchapter E, Chapter 574, Health and Safety
  Code, is amended by adding Section 574.0665 to read as follows:
         Sec. 574.0665.  STATUS CONFERENCE. A court on its own motion
  may set a status conference with the patient, the patient's
  attorney, and the person designated to be responsible for the
  patient's court-ordered outpatient services under Section 574.037.
         SECTION 20.  Section 574.069(e), Health and Safety Code, is
  amended to read as follows:
         (e)  The court shall dismiss the request if the court finds
  from clear and convincing evidence that the patient continues to
  meet the criteria for court-ordered extended mental health services
  prescribed by Section 574.035 or 574.0355.
         SECTION 21.  Section 574.081, Health and Safety Code, is
  amended by amending Subsections (b) and (c) and adding Subsections
  (a-1), (c-1), and (c-2) to read as follows:
         (a-1)  Subject to available resources, Subsections (a), (b),
  (c), (c-1), and (c-2) apply to a patient scheduled to be furloughed
  or discharged from:
               (1)  a state hospital; or
               (2)  any psychiatric inpatient bed funded under a
  contract with the Health and Human Services Commission or operated
  by or funded under a contract with a local mental health authority
  or a behavioral mental health authority.
         (b)  The physician shall prepare the plan as prescribed by
  Health and Human Services Commission [department] rules and shall
  consult the patient and the local mental health authority in the
  area in which the patient will reside before preparing the plan.
  The local mental health authority shall be informed of and must
  participate in planning the discharge of a patient [is not required
  to participate in preparing a plan for a patient furloughed or
  discharged from a private mental health facility].
         (c)  The plan must address the patient's mental health and
  physical needs, including, if appropriate:
               (1)  the need for outpatient mental health services
  following furlough or discharge; and
               (2)  the need for sufficient psychoactive medication on
  furlough or discharge to last until the patient can see a
  physician[; and
               [(2)     the person or entity that is responsible for
  providing and paying for the medication].
         (c-1)  Except as otherwise specified in the plan and subject
  to available funding provided to the Health and Human Services
  Commission and paid to a private mental health facility for this
  purpose, a private mental health facility is responsible for
  providing or paying for psychoactive medication and any other
  medication prescribed to the patient to counteract adverse side
  effects of psychoactive medication on furlough or discharge
  sufficient to last until the patient can see a physician.
         (c-2)  The Health and Human Services Commission shall adopt
  rules to determine the quantity and manner of providing
  psychoactive medication, as required by this section. The
  executive commissioner may not adopt rules requiring a mental
  health facility to provide or pay for psychoactive medication for
  more than seven days after furlough or discharge.
         SECTION 22.  Sections 574.104(a), (b), and (d), Health and
  Safety Code, are amended to read as follows:
         (a)  A physician who is treating a patient may, on behalf of
  the state, file an application in a probate court or a court with
  probate jurisdiction for an order to authorize the administration
  of a psychoactive medication regardless of the patient's refusal
  if:
               (1)  the physician believes that the patient lacks the
  capacity to make a decision regarding the administration of the
  psychoactive medication;
               (2)  the physician determines that the medication is
  the proper course of treatment for the patient;
               (3)  the patient is under an order for inpatient mental
  health services under this chapter or other law or an application
  for court-ordered mental health services under Section 574.034,
  574.0345, [or] 574.035, or 574.0355 has been filed for the patient;
  and
               (4)  the patient, verbally or by other indication,
  refuses to take the medication voluntarily.
         (b)  An application filed under this section must state:
               (1)  that the physician believes that the patient lacks
  the capacity to make a decision regarding administration of the
  psychoactive medication and the reasons for that belief;
               (2)  each medication the physician wants the court to
  compel the patient to take;
               (3)  whether an application for court-ordered mental
  health services under Section 574.034, 574.0345, [or] 574.035, or
  574.0355 has been filed;
               (4)  whether a court order for inpatient mental health
  services for the patient has been issued and, if so, under what
  authority it was issued;
               (5)  the physician's diagnosis of the patient; and
               (6)  the proposed method for administering the
  medication and, if the method is not customary, an explanation
  justifying the departure from the customary methods.
         (d)  The hearing on the application may be held on the date of
  a hearing on an application for court-ordered mental health
  services under Section 574.034, 574.0345, [or] 574.035, or 574.0355
  but shall be held not later than 30 days after the filing of the
  application for the order to authorize psychoactive medication. If
  the hearing is not held on the same day as the application for
  court-ordered mental health services under those sections [Section
  574.034 or 574.035] and the patient is transferred to a mental
  health facility in another county, the court may transfer the
  application for an order to authorize psychoactive medication to
  the county where the patient has been transferred.
         SECTION 23.  Section 574.151, Health and Safety Code, is
  amended to read as follows:
         Sec. 574.151.  APPLICABILITY. This subchapter applies only
  to a person for whom a motion for court-ordered mental health
  services is filed under Section 574.001, for whom a final order on
  that motion has not been entered under Section 574.034, 574.0345,
  [or] 574.035, or 574.0355 and who requests voluntary admission to
  an inpatient mental health facility:
               (1)  while the person is receiving at that facility
  involuntary inpatient services under Subchapter B or under Chapter
  573; or
               (2)  before the 31st day after the date the person was
  released from that facility under Section 573.023 or 574.028.
         SECTION 24.  Section 152.00164(b), Human Resources Code, is
  amended to read as follows:
         (b)  Before a child who is identified as having a mental
  illness is discharged from the custody of the juvenile board or
  local juvenile probation department under Section 152.00163(b),
  the juvenile board or local juvenile probation department shall
  arrange for a psychiatrist to examine the child. The juvenile board
  or local juvenile probation department shall refer a child
  requiring outpatient psychiatric treatment to the appropriate
  mental health authority. For a child requiring inpatient
  psychiatric treatment, the juvenile board or local juvenile
  probation department shall file a sworn application for
  court-ordered mental health services, as provided in Subchapter C,
  Chapter 574, Health and Safety Code, if:
               (1)  the child is not receiving court-ordered mental
  health services; and
               (2)  the psychiatrist who examined the child determines
  that the child has a mental illness and the child meets at least one
  of the criteria listed in Section 574.034 or 574.0345, Health and
  Safety Code.
         SECTION 25.  Section 244.012(b), Human Resources Code, is
  amended to read as follows:
         (b)  Before a child who is identified as mentally ill is
  discharged from the department's custody under Section 244.011(b),
  a department psychiatrist shall examine the child. The department
  shall refer a child requiring outpatient psychiatric treatment to
  the appropriate mental health authority. For a child requiring
  inpatient psychiatric treatment, the department shall file a sworn
  application for court-ordered mental health services, as provided
  in Subchapter C, Chapter 574, Health and Safety Code, if:
               (1)  the child is not receiving court-ordered mental
  health services; and
               (2)  the psychiatrist who examined the child determines
  that the child is mentally ill and the child meets at least one of
  the criteria listed in Section 574.034 or 574.0345, Health and
  Safety Code.
         SECTION 26.  The Supreme Court shall:
               (1)  adopt rules to streamline and promote the
  efficiency of court processes under Chapter 573, Health and Safety
  Code; and
               (2)  adopt rules or implement other measures to create
  consistency and increase access to the judicial branch for mental
  health issues.
         SECTION 27.  The following provisions of the Health and
  Safety Code are repealed:
               (1)  Sections 574.034(b), (e), and (f); and
               (2)  Sections 574.035(b), (f), and (g).
         SECTION 28.  The Health and Human Services Commission is
  required to implement a provision of this Act only if the
  legislature appropriates money specifically for that purpose. If
  the legislature does not appropriate money specifically for that
  purpose, the Health and Human Services Commission may, but is not
  required to, implement a provision of this Act using other
  appropriations available for that purpose.
         SECTION 29.  The changes in law made by this Act to Chapter
  574, Health and Safety Code, apply to a commitment proceeding under
  that chapter that occurs on or after the effective date of this Act,
  regardless of whether conduct of a proposed patient being evaluated
  for that purpose occurred before, on, or after the effective date of
  this Act.
         SECTION 30.  The changes in law made by this Act to Article
  16.22, Code of Criminal Procedure, and Chapter 574, Health and
  Safety Code, apply to a proceeding for court-ordered mental health
  services that occurs on or after the effective date of this Act,
  regardless of when an offense with which the defendant is charged
  was committed.
         SECTION 31.  This Act takes effect September 1, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 362 passed the Senate on
  April 11, 2019, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 21, 2019, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 362 passed the House, with
  amendment, on May 15, 2019, by the following vote: Yeas 141,
  Nays 4, three present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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