HB 171 House Committee Report

Relating to the certificate of medical examination for chemical dependency and the duration of court-ordered treatment for a person with a chemical dependency. 

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A BILL TO BE ENTITLED

 

AN ACT

 

relating to the certificate of medical examination for chemical

 

dependency and the duration of court-ordered treatment for a person

 

with a chemical dependency.

 

       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 

       SECTION 1.  This Act may be cited as the Anell Borrego Act.

 

       SECTION 2.  Section 462.001, Health and Safety Code, is

 

amended by adding Subdivision (4) to read as follows:

 

             (4)  “Commission” means the Health and Human Services

 

Commission.

 

       SECTION 3.  Section 462.064(c), Health and Safety Code, is

 

amended to read as follows:

 

       (c)  A certificate must be dated and signed by the examining

 

physician.  The certificate must include:

 

             (1)  the name and address of the examining physician;

 

             (2)  the name and address of the proposed patient;

 

             (3)  the date and place of the examination;

 

             (4)  the period, if any, during which the proposed

 

patient has been under the care of the examining physician;

 

             (5)  an accurate description of the treatment, if any,

 

given by or administered under the direction of the examining

 

physician; and

 

             (6)  the examining physician’s opinion stating

 

[opinions whether] the proposed patient is a person with a chemical

 

dependency and, as a result of that chemical dependency:

 

                   (A)  is likely to cause serious harm to the

 

person;

 

                   (B)  is likely to cause serious harm to others; or

 

                   (C)  will continue to suffer abnormal mental,

 

emotional, or physical distress and to deteriorate in ability to

 

function independently if not treated and is unable to make a

 

rational and informed choice as to whether or not to submit to

 

treatment.

 

       SECTION 4.  Section 462.069(a), Health and Safety Code, is

 

amended to read as follows:

 

       (a)  Except as provided by Section 462.080(b), the [The]

 

court shall commit the proposed patient to a treatment facility

 

approved by the commission [department] to accept court commitments

 

for at least 60 days but not more than 90 days if:

 

             (1)  the proposed patient admits the allegations of the

 

application; or

 

             (2)  at the hearing on the merits, the court or jury

 

finds that the material allegations in the application have been

 

proved by clear and convincing evidence.

 

       SECTION 5.  Section 462.075(f), Health and Safety Code, is

 

amended to read as follows:

 

       (f)  Except as provided by Section 462.080(b), the [The]

 

court shall commit the proposed patient to a treatment facility

 

approved by the commission [department] to accept commitments for

 

at least 60 days but not more than 90 days if:

 

             (1)  the proposed patient admits the allegations of the

 

application; or

 

             (2)  at the hearing on the merits, the court or jury

 

finds that the material allegations in the application have been

 

proved by clear and convincing evidence.

 

       SECTION 6.  Section 462.080(b), Health and Safety Code, is

 

amended to read as follows:

 

       (b)  The administrator may discharge a patient before the

 

court order expires if the administrator or physician treating the

 

patient determines that the patient no longer meets the criteria

 

for court-ordered treatment.

 

       SECTION 7.  Sections 462.081(a) and (d), Health and Safety

 

Code, are amended to read as follows:

 

       (a)  Except as provided by Section 462.080(b), the [The]

 

judge of a court with jurisdiction of misdemeanor cases may remand

 

the defendant to a treatment facility approved by the commission 

 

[department] to accept court commitments for care and treatment for

 

at least 60 days but not more than 90 days, instead of incarceration

 

or fine, if:

 

             (1)  the court or a jury has found the defendant guilty

 

of an offense classified as a Class A or B misdemeanor;

 

             (2)  the court finds that the offense resulted from or

 

was related to the defendant’s chemical dependency;

 

             (3)  a treatment facility approved by the commission 

 

[department] is available to treat the defendant; and

 

             (4)  the treatment facility agrees in writing to admit

 

the defendant under this section.

 

       (d)  Except as provided by Section 462.080(b), a [A] juvenile

 

court may remand a child to a treatment facility for care and

 

treatment for at least 60 days but not more than 90 days after the

 

date on which the child is remanded if:

 

             (1)  the court finds that the child has engaged in

 

delinquent conduct or conduct indicating a need for supervision and

 

that the conduct resulted from or was related to the child’s

 

chemical dependency;

 

             (2)  a treatment facility approved by the commission 

 

[department] to accept court commitments is available to treat the

 

child; and

 

             (3)  the facility agrees in writing to receive the

 

child under this section.

 

       SECTION 8.  The changes in law made by this Act apply only to

 

an application for court-ordered treatment for chemical dependency

 

that is filed on or after the effective date of this Act. An

 

application that is filed before the effective date of this Act is

 

governed by the law as it existed immediately before that date, and

 

that law is continued in effect for that purpose.

 

       SECTION 9.  This Act takes effect September 1, 2025. 

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