Bill Text: TX HB1042 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to certain notice and filing requirements in court proceedings involving persons with mental illness.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB1042 Detail]

Download: Texas-2023-HB1042-Comm_Sub.html

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88R257 JG-D
By: Hinojosa H.B. No. 1042

A BILL TO BE ENTITLED
AN ACT
relating to certain notice and filing requirements in court
proceedings involving persons with mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 571.013, Health and Safety Code, is
amended to read as follows:
Sec. 571.013. METHOD OF GIVING NOTICE. Except as otherwise
provided by this subtitle, notice required under this subtitle may
be given by:
(1) personal delivery of [delivering] a copy of the
notice or document by a constable or sheriff of the county; [in
person] or
(2) [in] another manner directed by the court that is
reasonably calculated to give actual notice.
SECTION 2. Section 571.014(c), Health and Safety Code, is
amended to read as follows:
(c) A person may [initially] file a paper with the county
clerk by the use of reproduced, photocopied, or electronically
transmitted paper copies of [if the person files] the original
signed copies of the paper. A person who files a reproduced,
photocopied, or electronically transmitted paper must maintain
possession of the original signed copies of the paper and shall make
the original paper available for inspection on request by the
parties or the court [with the clerk not later than the 72nd hour
after the hour on which the initial filing is made. If the 72-hour
period ends on a Saturday, Sunday, or legal holiday, the filing
period is extended until 4 p.m. on the first succeeding business
day. If extremely hazardous weather conditions exist or a disaster
occurs, the presiding judge or magistrate may by written order made
each day extend the filing period until 4 p.m. on the first
succeeding business day. The written order must declare that an
emergency exists because of the weather or the occurrence of a
disaster. If a person detained under this subtitle would otherwise
be released because the original signed copy of a paper is not filed
within the 72-hour period but for the extension of the filing period
under this section, the person may be detained until the expiration
of the extended filing period. This subsection does not affect
another provision of this subtitle requiring the release or
discharge of a person].
SECTION 3. Section 571.014(d), Health and Safety Code, is
repealed.
SECTION 4. This Act takes effect September 1, 2023.