Bill Text: TX HB1857 | 2023-2024 | 88th Legislature | Engrossed

---

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

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2023-05-10 - Referred to Jurisprudence [HB1857 Detail]

Download: Texas-2023-HB1857-Engrossed.html

---

88R20436 MPF-D
By: Guillen, Davis H.B. No. 1857

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 462.064(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 that [opinions
whether] the proposed patient is a person with a chemical
dependency and that, 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 3. 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 4. 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 5. 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 6. 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 7. 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 8. This Act takes effect September 1, 2023.