Bill Text: TX HB5088 | 2023-2024 | 88th Legislature | Introduced

Bill Title: Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-05-02 - Reported favorably as substituted [HB5088 Detail]

Download: Texas-2023-HB5088-Introduced.html
  88R9141 LHC/EAS/CJD-D
 
  By: Moody H.B. No. 5088
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to procedures regarding certain persons who are or may be
  persons with a mental illness or intellectual disability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 14, Code of Criminal Procedure, is
  amended by adding Article 14.036 to read as follows:
         Art. 14.036.  DEFERRAL OF ARREST FOR NONVIOLENT OFFENDERS
  RECEIVING EMERGENCY MENTAL HEALTH SERVICES. (a)  Except as
  provided by Subsection (e), this article applies only to a person
  who is detained in a facility under Chapter 573, Health and Safety
  Code, or Subchapter B, Chapter 574, Health and Safety Code, for the
  purpose of receiving emergency mental health services.
         (b)  A peace officer who has probable cause to arrest,
  without a warrant, a person described by Subsection (a) for conduct
  constituting an offense committed at the applicable facility shall
  defer the arrest of the person until the person has completed the
  emergency mental health services, unless exigent circumstances
  require an immediate arrest.
         (c)  A peace officer who defers the arrest of a person under
  Subsection (b) may not subsequently arrest the person for the same
  conduct unless a warrant has been issued.
         (d)  The facility in which the conduct constituting the
  offense occurred shall notify the law enforcement agency that
  sought the arrest of the person at least 12 hours before releasing
  the person and shall provide the address where the person will be
  released.
         (e)  This article does not apply with respect to a person
  accused of committing a violent offense, as defined by Article
  17.032, or an offense under Section 28.03, Penal Code, that is
  punishable as a felony.
         (f)  This article does not limit the lawful disposition of
  the criminal charge for the offense for which an arrest was
  deferred.
         SECTION 2.  Articles 16.22(a), (b-2), and (d), Code of
  Criminal Procedure, are amended to read as follows:
         (a)(1)  Not later than 12 hours after the sheriff or
  municipal jailer having custody of a defendant [for an offense
  punishable as a Class B misdemeanor or any higher category of
  offense] receives credible information that may establish
  reasonable cause to believe that the defendant has a mental illness
  or is a person with an intellectual disability, the sheriff or
  municipal jailer shall provide written or electronic notice to the
  magistrate.  The notice must include any information related to the
  sheriff's or municipal jailer's determination, such as information
  regarding the defendant's behavior immediately before, during, and
  after the defendant's arrest and, if applicable, the results of any
  previous assessment of the defendant.  On a determination that
  there is reasonable cause to believe that the defendant has a mental
  illness or is a person with an intellectual disability, the
  magistrate, except as provided by Subdivision (2), shall order the
  service provider that contracts with the jail to provide mental
  health or intellectual and developmental disability services, the
  local mental health authority, the local intellectual and
  developmental disability authority, or another qualified mental
  health or intellectual and developmental disability expert to:
                     (A)  interview the defendant if the defendant has
  not previously been interviewed by a qualified mental health or
  intellectual and developmental disability expert on or after the
  date the defendant was arrested for the offense for which the
  defendant is in custody and otherwise collect information regarding
  whether the defendant has a mental illness as defined by Section
  571.003, Health and Safety Code, or is a person with an intellectual
  disability as defined by Section 591.003, Health and Safety Code,
  including, if applicable, information obtained from any previous
  assessment of the defendant and information regarding any
  previously recommended treatment or service; and
                     (B)  provide to the magistrate a written report of
  an interview described by Paragraph (A) and the other information
  collected under that paragraph on the form approved by the Texas
  Correctional Office on Offenders with Medical or Mental Impairments
  under Section 614.0032(c), Health and Safety Code.
               (2)  The magistrate is not required to order the
  interview and collection of other information under Subdivision (1)
  if the defendant:
                     (A)  is no longer in custody;
                     (B)  [or if the defendant] in the year preceding
  the defendant's applicable date of arrest has been determined to
  have a mental illness or to be a person with an intellectual
  disability by the service provider that contracts with the jail to
  provide mental health or intellectual and developmental disability
  services, the local mental health authority, the local intellectual
  and developmental disability authority, or another mental health or
  intellectual and developmental disability expert described by
  Subdivision (1); or
                     (C)  was only arrested or charged with an offense
  punishable as a Class C misdemeanor.
               (3)  A court that elects to use the results of a [that
  previous] determination described by Subdivision (2)(B) may
  proceed under Subsection (c).
               (4) [(3)]  If the defendant fails or refuses to submit
  to the interview and collection of other information regarding the
  defendant as required under Subdivision (1), the magistrate may
  order the defendant to submit to an examination in a jail, or in
  another place determined to be appropriate by the local mental
  health authority or local intellectual and developmental
  disability authority, for a reasonable period not to exceed 72
  hours.  If applicable, the county in which the committing court is
  located shall reimburse the local mental health authority or local
  intellectual and developmental disability authority for the
  mileage and per diem expenses of the personnel required to
  transport the defendant, calculated in accordance with the state
  travel regulations in effect at the time.
         (b-2)  The written report must include a description of the
  procedures used in the interview and collection of other
  information under Subsection (a)(1)(A) and the applicable expert's
  observations and findings pertaining to:
               (1)  whether the defendant is a person who has a mental
  illness or is a person with an intellectual disability;
               (2)  subject to Article 46B.002, whether there is
  clinical evidence to support a belief that the defendant may be
  incompetent to stand trial and should undergo a complete competency
  examination under Subchapter B, Chapter 46B; and
               (3)  any appropriate or recommended treatment or
  service.
         (d)  This article does not prevent the applicable court from,
  before, during, or after the interview and collection of other
  information regarding the defendant as described by this article:
               (1)  releasing a defendant who has a mental illness or
  is a person with an intellectual disability from custody on
  personal or surety bond, including imposing as a condition of
  release that the defendant submit to an examination or other
  assessment; or
               (2)  subject to Article 46B.002, ordering an
  examination regarding the defendant's competency to stand trial.
         SECTION 3.  Article 17.03(b-2), Code of Criminal Procedure,
  is amended to read as follows:
         (b-2)  Except as provided by Articles 15.21, 17.032, 17.033,
  and 17.151, a defendant may not be released on personal bond if the
  defendant:
               (1)  is charged with an offense involving violence; or
               (2)  while released on bail or community supervision
  for an offense involving violence, is charged with committing:
                     (A)  any offense punishable as a felony; or
                     (B)  an offense under the following provisions of
  the Penal Code:
                           (i)  Section 22.01(a)(1) (assault);
                           (ii)  Section 22.05 (deadly conduct);
                           (iii)  Section 22.07 (terroristic threat);
  or
                           (iv)  Section 42.01(a)(7) or (8) (disorderly
  conduct involving firearm).
         SECTION 4.  Articles 18.191(a), (b), (f), (g), and (h), Code
  of Criminal Procedure, are amended to read as follows:
         (a)  A law enforcement officer who seizes a firearm from a
  person taken into custody under Section 573.001 or 573.012, Health
  and Safety Code, and not in connection with an offense involving the
  use of a weapon or an offense under Chapter 46, Penal Code, shall
  immediately provide the person a written copy of the receipt for the
  firearm and a written notice of the procedure for the return of a
  firearm under this article.
         (b)  The law enforcement agency holding a firearm subject to
  disposition under this article shall, as soon as possible, but not
  later than the 15th day after the date the person is taken into
  custody under Section 573.001 or 573.012, Health and Safety Code,
  provide written notice of the procedure for the return of a firearm
  under this article to the last known address of the person's closest
  immediate family member as identified by the person or reasonably
  identifiable by the law enforcement agency, sent by certified mail,
  return receipt requested.  The written notice must state the date
  by which a request for the return of the firearm must be submitted
  to the law enforcement agency as provided by Subsection (h).
         (f)  A person who receives notice under Subsection (e) may
  dispose of the person's firearm by:
               (1)  releasing the firearm to the person's designee,
  if:
                     (A)  the law enforcement agency holding the
  firearm conducts a check of state and national criminal history
  record information and verifies that the designee may lawfully
  possess a firearm under 18 U.S.C. Section 922(g);
                     (B)  the person provides to the law enforcement
  agency a copy of a notarized statement releasing the firearm to the
  designee; and
                     (C)  the designee provides to the law enforcement
  agency an affidavit confirming that the designee:
                           (i)  will not allow access to the firearm by
  the person who was taken into custody under Section 573.001 or
  573.012, Health and Safety Code, at any time during which the person
  may not lawfully possess a firearm under 18 U.S.C. Section 922(g);
  and
                           (ii)  acknowledges the responsibility of the
  designee and no other person to verify whether the person has
  reestablished the person's eligibility to lawfully possess a
  firearm under 18 U.S.C. Section 922(g); or
               (2)  releasing the firearm to the law enforcement
  agency holding the firearm, for disposition under Subsection (h).
         (g)  If a firearm subject to disposition under this article
  is wholly or partly owned by a person other than the person taken
  into custody under Section 573.001 or 573.012, Health and Safety
  Code, the law enforcement agency holding the firearm shall release
  the firearm to the person claiming a right to or interest in the
  firearm after:
               (1)  the person provides an affidavit confirming that
  the person:
                     (A)  wholly or partly owns the firearm;
                     (B)  will not allow access to the firearm by the
  person who was taken into custody under Section 573.001 or 573.012,
  Health and Safety Code, at any time during which that person may not
  lawfully possess a firearm under 18 U.S.C. Section 922(g); and
                     (C)  acknowledges the responsibility of the
  person and no other person to verify whether the person who was
  taken into custody under Section 573.001 or 573.012, Health and
  Safety Code, has reestablished the person's eligibility to lawfully
  possess a firearm under 18 U.S.C. Section 922(g); and
               (2)  the law enforcement agency holding the firearm
  conducts a check of state and national criminal history record
  information and verifies that the person claiming a right to or
  interest in the firearm may lawfully possess a firearm under 18
  U.S.C. Section 922(g).
         (h)  If a person to whom written notice is provided under
  Subsection (b) or another lawful owner of a firearm subject to
  disposition under this article does not submit a written request to
  the law enforcement agency for the return of the firearm before the
  121st day after the date the law enforcement agency holding the
  firearm provides written notice under Subsection (b), the law
  enforcement agency may have the firearm sold by a person who is a
  licensed firearms dealer under 18 U.S.C. Section 923. The proceeds
  from the sale of a firearm under this subsection shall be given to
  the owner of the seized firearm, less the cost of administering this
  subsection. An unclaimed firearm that was seized from a person
  taken into custody under Section 573.001 or 573.012, Health and
  Safety Code, may not be destroyed or forfeited to the state.
         SECTION 5.  Subchapter B, Chapter 45, Code of Criminal
  Procedure, is amended by adding Article 45.0214 to read as follows:
         Art. 45.0214.  DISMISSAL BASED ON DEFENDANT'S LACK OF
  CAPACITY. (a) On motion by the state, the defendant, or a person
  standing in parental relation to the defendant, or on the court's
  own motion, a justice or judge shall determine whether probable
  cause exists to believe that a defendant, including a defendant who
  is a child as defined by Article 45.058(h) and a defendant with a
  mental illness or developmental disability, lacks the capacity to
  understand the proceedings in criminal court or to assist in the
  defendant's own defense and is unfit to proceed.
         (b)  If the justice or judge determines that probable cause
  exists for a finding under Subsection (a), after providing notice
  to the state, the justice or judge may dismiss the complaint.
         (c)  A dismissal of a complaint under Subsection (b) may be
  appealed as provided by Article 44.01.
         SECTION 6.  Article 46B.009, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46B.009.  TIME CREDITS.  (a) A court sentencing a
  person convicted of a criminal offense shall credit to the term of
  the person's sentence each of the following periods for which the
  person may be confined in a mental health facility, residential
  care facility, or jail:
               (1)  any period of confinement that occurs pending a
  determination under Subchapter C as to the defendant's competency
  to stand trial; and
               (2)  any period of confinement that occurs between the
  date of any initial determination of the defendant's incompetency
  under that subchapter and the date the person is transported to jail
  following a final judicial determination that the person has been
  restored to competency.
         (b)  A court sentencing a person convicted of a criminal
  offense shall credit to the term of the person's sentence any period
  that the person was ordered to and participated in, or was committed
  to and attended, an outpatient competency restoration program.
         SECTION 7.  Article 46B.025(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  If in the opinion of an expert appointed under Article
  46B.021 the defendant is incompetent to proceed, the expert shall
  state in the report:
               (1)  the symptoms, exact nature, severity, and expected
  duration of the deficits resulting from the defendant's mental
  illness or intellectual disability, if any, and the impact of the
  identified condition on the factors listed in Article 46B.024;
               (2)  an estimate of the period needed to restore the
  defendant's competency;
               (3)  [, including] whether the defendant is likely to
  be restored to competency in the initial restoration period
  authorized under Subchapter D, including any possible extension
  under Article 46B.080 [foreseeable future]; and
               (4) [(3)]  prospective treatment options, if any,
  appropriate for the defendant.
         SECTION 8.  Article 46B.055, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46B.055.  PROCEDURE AFTER FINDING OF INCOMPETENCY. If
  the defendant is found incompetent to stand trial, the court shall:
               (1)  proceed under Subchapter D if the report under
  Article 46B.025 states that the defendant is likely to be restored
  to competency in the initial restoration period authorized under
  that subchapter; or
               (2)  for a defendant unlikely to be restored to
  competency as described by Subdivision (1):
                     (A)  proceed under Subchapter E or F; or
                     (B)  release the defendant on bail as permitted
  under Chapter 17.
         SECTION 9.  Article 46B.071(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  On [Except as provided by Subsection (b), on] a
  determination under Article 46B.055(1) that a defendant is
  incompetent to stand trial and is likely to be restored to
  competency in the period authorized under this subchapter including
  any possible extension under Article 46B.080, the court shall:
               (1)  if the defendant is charged with an offense
  punishable as a Class B misdemeanor, or is charged with an offense
  punishable as a Class A misdemeanor that did not result in bodily
  injury to another person and the defendant has not been convicted in
  the preceding two years of an offense that resulted in bodily injury
  to another person:
                     (A)  release the defendant on bail under Article
  46B.0711; or
                     (B)  if an outpatient competency restoration
  program is unavailable or the defendant cannot be placed in an
  outpatient competency restoration program before the 14th day after
  the date of the court's order:
                           (i)  on the motion of the attorney
  representing the state, dismiss the charge and proceed under
  Subchapter F; or
                           (ii)  on the motion of the attorney
  representing the defendant and notice to the attorney representing
  the state:
                                 (a)  set the matter to be heard not
  later than the 10th day after the date of filing of the motion; and
                                 (b)  dismiss the charge and proceed
  under Subchapter F on a finding that an outpatient competency
  restoration program is unavailable or that the defendant cannot be
  placed in an outpatient competency restoration program before the
  14th day after the date of the court's order; or
                     [(B)  commit the defendant to:
                           [(i)  a jail-based competency restoration
  program under Article 46B.073(e); or
                           [(ii)  a mental health facility or
  residential care facility under Article 46B.073(f); or]
               (2)  if the defendant is charged with an offense
  punishable as a Class A misdemeanor that resulted in bodily injury
  to another person or any higher category of offense or if the
  defendant is charged with an offense punishable as a Class A
  misdemeanor that did not result in bodily injury to another person
  and the defendant has been convicted in the preceding two years of
  an offense that resulted in bodily injury to another person:
                     (A)  release the defendant on bail under Article
  46B.072; or
                     (B)  commit the defendant to a facility or a
  jail-based competency restoration program under Article 46B.073(c)
  or (d).
         SECTION 10.  The heading to Article 46B.0711, Code of
  Criminal Procedure, is amended to read as follows:
         Art. 46B.0711.  RELEASE ON BAIL: CERTAIN OFFENSES NOT
  INVOLVING BODILY INJURY [FOR CLASS B MISDEMEANOR].
         SECTION 11.  Article 46B.0711(b), Code of Criminal
  Procedure, is amended to read as follows:
         (b)  Subject to conditions reasonably related to ensuring
  public safety and the effectiveness of the defendant's treatment,
  if the court determines that a defendant charged with an offense
  punishable as a Class B misdemeanor, or charged under the
  circumstances described by Article 46B.071(a)(1) with an offense
  punishable as a Class A misdemeanor, and found incompetent to stand
  trial is not a danger to others and may be safely treated on an
  outpatient basis with the specific objective of attaining
  competency to stand trial, and an appropriate outpatient competency
  restoration program is available for the defendant, the court
  shall:
               (1)  release the defendant on bail or continue the
  defendant's release on bail; and
               (2)  order the defendant to participate in an
  outpatient competency restoration program for a period not to
  exceed 60 days.
         SECTION 12.  The heading to Article 46B.072, Code of
  Criminal Procedure, is amended to read as follows:
         Art. 46B.072.  RELEASE ON BAIL: FELONIES; CERTAIN OFFENSES
  INVOLVING BODILY INJURY [FOR FELONY OR CLASS A MISDEMEANOR].
         SECTION 13.  Article 46B.072(a-1), Code of Criminal
  Procedure, is amended to read as follows:
         (a-1)  Subject to conditions reasonably related to ensuring
  public safety and the effectiveness of the defendant's treatment,
  [if] the court may release on bail, or continue the release on bail
  of, [determines that] a defendant charged with an offense
  punishable as a felony, or charged under the circumstances
  described by Article 46B.071(a)(2) with an offense punishable as
  [or] a Class A misdemeanor and found incompetent to stand trial if
  the court determines the defendant is not a danger to others and may
  be safely treated on an outpatient basis with the specific
  objective of attaining competency to stand trial, and an
  appropriate outpatient competency restoration program is available
  for the defendant[, the court:
               [(1)  may release on bail a defendant found incompetent
  to stand trial with respect to an offense punishable as a felony or
  may continue the defendant's release on bail; and
               [(2)  shall release on bail a defendant found
  incompetent to stand trial with respect to an offense punishable as
  a Class A misdemeanor or shall continue the defendant's release on
  bail].
         SECTION 14.  Articles 46B.073(a), (b), and (d), Code of
  Criminal Procedure, are amended to read as follows:
         (a)  This article applies only to a defendant not released on
  bail who is subject to an initial restoration period based on
  Article 46B.071(a)(2)(B) [46B.071].
         (b)  For purposes of further examination and competency
  restoration services with the specific objective of the defendant
  attaining competency to stand trial, the court shall commit a
  defendant described by Subsection (a) to a mental health facility,
  residential care facility, or jail-based competency restoration
  program for the applicable period as follows:
               (1)  a period of not more than 60 days, if the defendant
  is charged with an offense punishable as a Class A misdemeanor; or
               (2)  a period of not more than 120 days, if the
  defendant is charged with an offense punishable as a felony.
         (d)  If the defendant is not charged with an offense
  described by Subsection (c) and the indictment does not allege an
  affirmative finding under Article 42A.054(c) or (d), the court
  shall enter an order committing the defendant to a mental health
  facility or residential care facility determined to be appropriate
  by the commission [local mental health authority or local
  intellectual and developmental disability authority] or to a
  jail-based competency restoration program.  The court may enter an
  order committing the defendant [A defendant may be committed] to a
  jail-based competency restoration program only if the program
  provider has informed the court that [determines] the defendant
  will begin to receive competency restoration services not later
  than the third business day after the date of the order [within 72
  hours of arriving at the program].
         SECTION 15.  Article 46B.077(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  The facility or jail-based competency restoration
  program to which the defendant is committed or the outpatient
  competency restoration program to which the defendant is released
  on bail shall:
               (1)  develop an individual program of treatment;
               (2)  assess and evaluate whether the defendant is
  likely to be restored to competency in the period authorized under
  this subchapter, including any possible extension under Article
  46B.080 [foreseeable future]; and
               (3)  report to the court and to the local mental health
  authority or to the local intellectual and developmental disability
  authority on the defendant's progress toward achieving competency.
         SECTION 16.  Articles 46B.079(b) and (b-1), Code of Criminal
  Procedure, are amended to read as follows:
         (b)  The head of the facility or jail-based competency
  restoration program provider shall promptly notify the court when
  the head of the facility or program provider believes that:
               (1)  the defendant is clinically ready and can be
  safely transferred to a competency restoration program for
  education services but has not yet attained competency to stand
  trial;
               (2)  the defendant has attained competency to stand
  trial; or
               (3)  the defendant is not likely to attain competency
  in the period authorized under this subchapter, including any
  possible extension under Article 46B.080 [foreseeable future].
         (b-1)  The outpatient competency restoration program
  provider shall promptly notify the court when the program provider
  believes that:
               (1)  the defendant has attained competency to stand
  trial; or
               (2)  the defendant is not likely to attain competency
  in the period authorized under this subchapter, including any
  possible extension under Article 46B.080 [foreseeable future].
         SECTION 17.  Articles 46B.084(a-1) and (b), Code of Criminal
  Procedure, are amended to read as follows:
         (a-1)(1)  Following the defendant's return to the court, the
  court shall make a determination with regard to the defendant's
  competency to stand trial. The court may make the determination
  based only on the most recent report that is filed under Article
  46B.079(c) and based on notice under that article, other than
  notice under Subsection (b)(1) of that article, and on other
  medical information or personal history information relating to the
  defendant. A party may object in writing or in open court to the
  findings of the most recent report not later than the 15th day after
  the date on which the court received the applicable notice under
  Article 46B.079. If no party objects to the findings of the most
  recent report within that period, the [The] court shall make the
  determination not later than the 20th day after the date on which
  the court received the applicable notice under Article 46B.079, or
  not later than the fifth day after the date of the defendant's
  return to court, whichever occurs first [, regardless of whether a
  party objects to the report as described by this subsection and the
  issue is set for hearing under Subsection (b)].
               (2)  Notwithstanding Subdivision (1), in a county with
  a population of less than one million or in a county with a
  population of four million or more, if no party objects to the
  findings of the most recent report within the period specified by
  that subdivision, the court shall make the determination described
  by that subdivision not later than the 20th day after the date on
  which the court received notification under Article 46B.079 [,
  regardless of whether a party objects to the report as described by
  that subdivision and the issue is set for a hearing under Subsection
  (b)].
         (b)  If a party objects as provided by [under] Subsection
  (a-1) and raises a suggestion that the defendant may no longer be
  competent to stand trial, the court shall determine, by informal
  inquiry not later than the fifth day after the date of the
  objection, whether there exists any evidence from a credible source
  that the defendant may no longer be competent. If, after an
  informal inquiry, the court determines that evidence from a
  credible source exists to support a finding of incompetency, the
  court shall order a further examination under Subchapter B to
  determine whether the defendant is incompetent to stand trial.
  Following receipt of the expert's report under that subchapter, the
  issue shall be set for a hearing not later than the 10th day after
  the date the report is received by the court.  The hearing is before
  the court, except that on motion by the defendant, the defense
  counsel, the prosecuting attorney, or the court, the hearing shall
  be held before a jury.
         SECTION 18.  Subchapter D, Chapter 46B, Code of Criminal
  Procedure, is amended by adding Article 46B.0855 to read as
  follows:
         Art. 46B.0855.  RAISING ISSUE OF INCOMPETENCY WHEN CRIMINAL
  PROCEEDINGS ARE NOT TIMELY RESUMED.  If the court has found the
  defendant competent to stand trial under Article 46B.084, but the
  criminal proceedings against the defendant were not resumed within
  the period specified by Subsection (d) of that article, the court
  shall, on motion of either party suggesting that the defendant may
  no longer be competent to stand trial, follow the procedures
  provided under Subchapters A and B, except any subsequent court
  orders for treatment must be issued under Subchapter E or F.  If,
  following the end of the period specified by Article 46B.084(d),
  the court suspects that the defendant may no longer be competent to
  stand trial, the court may make that suggestion under this article
  on its own motion.
         SECTION 19.  Article 46B.091(i), Code of Criminal Procedure,
  is amended to read as follows:
         (i)  If at any time during a defendant's commitment to a
  program implemented under this article the psychiatrist or
  psychologist for the provider determines that the defendant's
  competency to stand trial is unlikely to be restored to competency
  in the period authorized under this subchapter, including any
  possible extension under Article 46B.080 [foreseeable future]:
               (1)  the psychiatrist or psychologist for the provider
  shall promptly issue and send to the court a report demonstrating
  that fact; and
               (2)  the court shall:
                     (A)  proceed under Subchapter E or F and order the
  transfer of the defendant, without unnecessary delay, to the first
  available facility that is appropriate for that defendant, as
  provided under Subchapter E or F, as applicable; or
                     (B)  release the defendant on bail as permitted
  under Chapter 17.
         SECTION 20.  Article 46B.101, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46B.101.  APPLICABILITY.  This subchapter applies to a
  defendant against whom a court is required to proceed according to
  Article 46B.084(e) or 46B.0855 or according to the court's
  appropriate determination under Article 46B.055(2) [46B.071].
         SECTION 21.  Article 46B.104, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46B.104.  CIVIL COMMITMENT PLACEMENT: FINDING OF
  VIOLENCE. (a) A defendant committed to a facility as a result of
  proceedings initiated under this chapter shall be committed to the
  facility designated by the commission if:
               (1)  the defendant is charged with an offense listed in
  Article 17.032(a); or
               (2)  the indictment charging the offense alleges an
  affirmative finding under Article 42A.054(c) or (d).
         (b)  The court shall send a copy of the order of commitment to
  the applicable facility.
         (c)  For a defendant whose initial commitment is under this
  subchapter as provided by Article 46B.055(2), the court shall:
               (1)  provide to the facility copies of the following
  items made available to the court during the incompetency trial:
                     (A)  reports of each expert;
                     (B)  psychiatric, psychological, or social work
  reports that relate to the current mental condition of the
  defendant;
                     (C)  documents provided by the attorney
  representing the state or the defendant's attorney that relate to
  the defendant's current or past mental condition;
                     (D)  copies of the indictment or information and
  any supporting documents used to establish probable cause in the
  case;
                     (E)  the defendant's criminal history record
  information; and
                     (F)  the addresses of the attorney representing
  the state and the defendant's attorney; and
               (2)  direct the court reporter to promptly prepare and
  provide to the facility transcripts of all medical testimony
  received by the jury or court.
         SECTION 22.  Article 46B.109(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  The head of the facility or outpatient treatment
  provider shall provide with the request a written statement that in
  their opinion the defendant is competent to stand trial and shall
  file with the court as provided by Article 46B.025 a report stating
  the reason why the facility or provider believes the defendant has
  been restored to competency.  The head of the facility or outpatient
  treatment provider must include with the report a list of the types
  and dosages of medications prescribed for the defendant while the
  defendant was receiving services in the facility or through the
  outpatient treatment program. The court shall provide copies of
  the written statement and report to the attorney representing the
  state and the defendant's attorney.  Either party may object to the
  findings in the written statement or report as provided by Article
  46B.1115.
         SECTION 23.  Subchapter E, Chapter 46B, Code of Criminal
  Procedure, is amended by adding Article 46B.1115 to read as
  follows:
         Art. 46B.1115.  PROCEEDINGS TO DETERMINE RESTORATION OF
  COMPETENCY. The periods for objecting to the written statement and
  report filed under Article 46B.109(b) and for conducting a hearing
  on the defendant's competency under this subchapter are the same as
  those specified under Article 46B.084.
         SECTION 24.  Article 46B.114, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46B.114.  TRANSPORTATION OF DEFENDANT TO COURT. (a) If
  the hearing is not conducted at the facility to which the defendant
  has been committed under this chapter or conducted by means of an
  electronic broadcast system as described by this subchapter, an
  order setting a hearing to determine whether the defendant has been
  restored to competency shall direct that [, as soon as practicable
  but not earlier than 72 hours before the date the hearing is
  scheduled,] the defendant be placed in the custody of the sheriff of
  the county in which the committing court is located or the sheriff's
  designee for prompt transportation to the court.  [The sheriff or
  the sheriff's designee may not take custody of the defendant under
  this article until 72 hours before the date the hearing is
  scheduled.]
         (b)  If before the 15th day after the date on which the court
  received notification under Article 46B.109 that a defendant
  committed to a facility or ordered to participate in an outpatient
  treatment program has not been transported to the court that issued
  the order under this subchapter, the head of the facility or
  outpatient treatment provider shall cause the defendant to be
  promptly transported to the court and placed in the custody of the
  sheriff of the county in which the court is located. The county in
  which the court is located shall reimburse the commission or
  outpatient treatment provider, as appropriate, for the mileage and
  per diem expenses of the personnel required to transport the
  defendant, calculated in accordance with rates provided in the
  General Appropriations Act for state employees.
         SECTION 25.  Article 46B.151(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  If a court is required by Article 46B.084(f) or 46B.0855
  or by its appropriate determination under Article 46B.055(2)
  [46B.071] to proceed under this subchapter, or if the court is
  permitted by Article 46B.004(e) to proceed under this subchapter,
  the court shall determine whether there is evidence to support a
  finding that the defendant is either a person with mental illness or
  a person with an intellectual disability.
         SECTION 26.  Sections 51.20(a), (b), (c), and (d), Family
  Code, are amended to read as follows:
         (a)  At any stage of the proceedings under this title,
  including when a child is initially detained in a pre-adjudication
  secure detention facility or a post-adjudication secure
  correctional facility, the juvenile court may, at its discretion or
  at the request of the child's parent or guardian, order a child who
  is referred to the juvenile court or who is alleged by a petition or
  found to have engaged in delinquent conduct or conduct indicating a
  need for supervision to be examined by a disinterested expert,
  including a physician, psychiatrist, or psychologist, qualified by
  education and clinical training in mental health or intellectual
  disability [mental retardation] and experienced in forensic
  evaluation, to determine whether the child has a mental illness as
  defined by Section 571.003, Health and Safety Code, is a person with
  an intellectual disability [mental retardation] as defined by
  Section 591.003, Health and Safety Code, or suffers from chemical
  dependency as defined by Section 464.001, Health and Safety
  Code.  [If the examination is to include a determination of the
  child's fitness to proceed, an expert may be appointed to conduct
  the examination only if the expert is qualified under Subchapter B,
  Chapter 46B, Code of Criminal Procedure, to examine a defendant in a
  criminal case, and the examination and the report resulting from an
  examination under this subsection must comply with the requirements
  under Subchapter B, Chapter 46B, Code of Criminal Procedure, for
  the examination and resulting report of a defendant in a criminal
  case.]
         (b)  If, after conducting an examination of a child ordered
  under Subsection (a) and reviewing any other relevant information,
  there is reason to believe that the child has a mental illness or
  intellectual disability [mental retardation] or suffers from
  chemical dependency, the probation department shall refer the child
  to the local mental health [or mental retardation] authority, to
  the local intellectual and developmental disability authority, or
  to another appropriate and legally authorized agency or provider
  for evaluation and services, unless the prosecuting attorney has
  filed a petition under Section 53.04.
         (c)  If, while a child is under deferred prosecution
  supervision or court-ordered probation, a qualified professional
  determines that the child has a mental illness or intellectual
  disability [mental retardation] or suffers from chemical
  dependency and the child is not currently receiving treatment
  services for the mental illness, intellectual disability [mental
  retardation], or chemical dependency, the probation department
  shall refer the child to the local mental health [or mental
  retardation] authority, to the local intellectual and
  developmental disability authority, or to another appropriate and
  legally authorized agency or provider for evaluation and services.
         (d)  A probation department shall report each referral of a
  child to a local mental health [or mental retardation] authority,
  to a local intellectual and developmental disability authority, or
  to another agency or provider made under Subsection (b) or (c) to
  the Texas Juvenile Justice Department in a format specified by the
  department.
         SECTION 27.  Subchapter A, Chapter 55, Family Code, is
  amended to read as follows:
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 55.01.  DEFINITIONS [MEANING OF "HAVING A MENTAL
  ILLNESS"]. In [For purposes of] this chapter:
               (1)  "Adaptive behavior" and "intellectual disability"
  have the meanings assigned by Section 591.003, Health and Safety
  Code.
               (2)  "Child with an intellectual disability" means a
  child determined by a physician or psychologist licensed in this
  state to have subaverage general intellectual functioning with
  deficits in adaptive behavior.
               (3)  "Child with mental illness" [, a child who is
  described as having a mental illness] means a child determined by a
  physician or psychologist licensed in this state to have [with] a
  mental illness.
               (4)  "Interdisciplinary team" means a group of
  intellectual disability professionals and paraprofessionals who
  assess the treatment, training, and habilitation needs of a person
  with an intellectual disability and make recommendations for
  services for that person.
               (5)  "Least restrictive appropriate setting" means the
  treatment or service setting closest to the child's home that
  provides the child with the greatest probability of improvement and
  is no more restrictive of the child's physical or social liberties
  than is necessary to provide the child with the most effective
  treatment or services and to protect adequately against any danger
  the child poses to self or others. 
               (6)  "Mental illness" has the meaning assigned by
  Section 571.003, Health and Safety Code.
               (7)  "Restoration classes" means curriculum-based
  educational sessions a child attends to assist in restoring the
  child's fitness to proceed, including the child's capacity to
  understand the proceedings in juvenile court and to assist in the
  child's own defense. 
               (8)  "Subaverage general intellectual functioning"
  means intelligence that is measured on standardized psychometric
  instruments of two or more standard deviations below the age-group
  mean for the instruments used [as defined by Section 571.003,
  Health and Safety Code].
         Sec. 55.02.  MENTAL HEALTH AND INTELLECTUAL DISABILITY
  JURISDICTION. For the purpose of initiating proceedings to order
  mental health or intellectual disability services for a child [or
  for commitment of a child] as provided by this chapter, the juvenile
  court has jurisdiction of proceedings under Subtitle C or D, Title
  7, Health and Safety Code.
         Sec. 55.03.  STANDARDS OF CARE. (a) Except as provided by
  this chapter, a child for whom inpatient or outpatient mental
  health services are [is] ordered by a court under this chapter shall
  be cared for as provided by Subtitle C, Title 7, Health and Safety
  Code.
         (b)  Except as provided by this chapter, a child who is
  ordered [committed] by a court to receive services at a residential
  care facility or to participate in services on an outpatient basis 
  due to an intellectual disability shall be cared for as provided by
  Subtitle D, Title 7, Health and Safety Code.
         Sec. 55.04.  FORENSIC MENTAL EXAMINATION. (a) In this
  section, "forensic mental examination" means an examination by a
  disinterested physician or psychologist to determine if a child who
  is alleged by petition or found to have engaged in delinquent
  conduct or conduct indicating a need for supervision is a child with
  mental illness, is unfit to proceed in juvenile court due to mental
  illness or an intellectual disability, or lacks responsibility for
  conduct due to mental illness or an intellectual disability.
         (b)  A juvenile court may order a forensic mental examination
  if the court determines that probable cause exists to believe that a
  child who is alleged by petition or found to have engaged in
  delinquent conduct or conduct indicating a need for supervision is
  a child with mental illness, is unfit to proceed in juvenile court
  due to mental illness or an intellectual disability, or lacks
  responsibility for conduct due to mental illness or an intellectual
  disability.
         (c)  To qualify for appointment as an expert under this
  chapter, a physician or psychologist must:
               (1)  as appropriate, be a physician licensed in this
  state or be a psychologist licensed in this state who has a doctoral
  degree in psychology; and
               (2)  have the following certification or training:
                     (A)  as appropriate, certification by:
                           (i)  the American Board of Psychiatry and
  Neurology with added or special qualifications in forensic
  psychiatry; or
                           (ii)  the American Board of Professional
  Psychology in forensic psychology; or
                     (B)  training consisting of:
                           (i)  at least 24 hours of specialized
  forensic training relating to incompetency, fitness to proceed,
  lack of responsibility for conduct, or insanity evaluations; and
                           (ii)  at least eight hours of continuing
  education relating to forensic evaluations, completed in the 12
  months preceding the date of the appointment.
         (d)  In addition to meeting the qualifications required by
  Subsection (c), to be appointed as an expert, a physician or
  psychologist must have completed six hours of required continuing
  education in courses in forensic psychiatry or psychology, as
  appropriate, in the 24 months preceding the appointment.
         (e)  A court may appoint as an expert a physician or
  psychologist who does not meet the requirements of Subsections (c)
  and (d) only if the court determines that exigent circumstances
  require the court to appoint an expert with specialized expertise
  to examine the child that is not ordinarily possessed by a physician
  or psychologist who meets the requirements of Subsections (c) and
  (d).
         Sec. 55.05.  CRITERIA FOR COURT-ORDERED MENTAL HEALTH
  SERVICES FOR CHILD. (a) A juvenile court may order a child who is
  subject to the jurisdiction of the juvenile court to receive
  temporary inpatient mental health services only if the court finds,
  from clear and convincing evidence, that:
               (1)  the child is a child with mental illness; and
               (2)  as a result of that mental illness, the child:
                     (A)  is likely to cause serious harm to the
  child's self;
                     (B)  is likely to cause serious harm to others; or 
                     (C)  is:
                           (i)  suffering severe and abnormal mental,
  emotional, or physical distress;
                           (ii)  experiencing substantial mental or
  physical deterioration of the child's ability to function
  independently; and
                           (iii)  unable to make a rational and
  informed decision as to whether to submit to treatment or is
  unwilling to submit to treatment.
         (b)  A juvenile court may order a child who is subject to the
  jurisdiction of the juvenile court to receive temporary outpatient
  mental health services only if the court finds:
               (1)  that appropriate mental health services are
  available to the child; and
               (2)  clear and convincing evidence that:
                     (A)  the child is a child with severe and
  persistent mental illness; 
                     (B)  as a result of the mental illness, the child
  will, if not treated, experience deterioration of the ability to
  function independently to the extent that the child 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
  child or others; and
                     (D)  the child has an inability to effectively and
  voluntarily participate in outpatient treatment services,
  demonstrated by: 
                           (i)  any of the child's actions occurring
  within the two-year period preceding the date of the hearing; or 
                           (ii)  specific characteristics of the
  child's clinical condition that significantly impair the child's
  ability to make a rational and informed decision as to whether to
  submit to voluntary outpatient treatment.
         (c)  A juvenile court may order a child who is subject to the
  jurisdiction of the juvenile court to receive extended inpatient
  mental health services only if the court finds, from clear and
  convincing evidence, that, in addition to the findings in
  Subsection (a):
               (1)  the child's condition is expected to continue for
  more than 90 days; and 
               (2)  the child has received court-ordered inpatient
  mental health services under this chapter or under Chapter 574,
  Health and Safety Code, for at least 60 consecutive days during the
  preceding 12 months.
         (d)  A juvenile court may order a child who is subject to the
  jurisdiction of the juvenile court to receive extended outpatient
  mental health services only if, in addition to the findings in
  Subsection (b):
               (1)  the child's condition is expected to continue for
  more than 90 days; and 
               (2)  the child has received: 
                     (A)  court-ordered inpatient mental health
  services under this chapter or under Chapter 574, Health and Safety
  Code, for at least 60 consecutive days during the preceding 12
  months; or
                     (B)  court-ordered outpatient mental health
  services under this chapter or under Chapter 574, Health and Safety
  Code, during the preceding 60 days.
         Sec. 55.06.  CRITERIA FOR COURT-ORDERED RESIDENTIAL
  INTELLECTUAL DISABILITY SERVICES FOR CHILD. A child may not be
  court-ordered to receive services at a residential care facility
  unless: 
               (1)  the child is a child with an intellectual
  disability;
               (2)  evidence is presented showing that because of the
  child's intellectual disability, the child:
                     (A)  represents a substantial risk of physical
  impairment or injury to the child or others; or
                     (B)  is unable to provide for and is not providing
  for the child's most basic personal physical needs;
               (3)  the child cannot be adequately and appropriately
  habilitated in an available, less restrictive setting;
               (4)  the residential care facility provides
  habilitative services, care, training, and treatment appropriate
  to the child's needs; and
               (5)  an interdisciplinary team recommends placement in
  the residential care facility.
         SECTION 28.  The heading to Subchapter B, Chapter 55, Family
  Code, is amended to read as follows:
  SUBCHAPTER B. COURT-ORDERED MENTAL HEALTH SERVICES FOR CHILD WITH
  MENTAL ILLNESS
         SECTION 29.  Sections 55.11(b) and (c), Family Code, are
  amended to read as follows:
         (b)  If the court determines that probable cause exists to
  believe that the child is a child with [has a] mental illness, the
  court shall temporarily stay the juvenile court proceedings and
  immediately order the child to be examined under Section 55.04
  [51.20]. The information obtained from the examination must
  include expert opinion as to:
               (1)  whether the child is a child with [has a] mental
  illness; [and]
               (2)  whether the child meets the [commitment] criteria
  for court-ordered mental health services under Section 55.05 for:
                     (A)  temporary inpatient mental health services;
                     (B)  temporary outpatient mental health services;
                     (C)  extended inpatient mental health services;
  or
                     (D)  extended outpatient mental health services;
  and
               (3)  if applicable, the specific criteria the child
  meets under Subdivision (2) [under Subtitle C, Title 7, Health and
  Safety Code. If ordered by the court, the information must also
  include expert opinion as to whether the child is unfit to proceed
  with the juvenile court proceedings].
         (c)  After considering all relevant information, including
  information obtained from an examination under Section 55.04
  [51.20], the court shall:
               (1)  proceed under Section 55.12 if the court
  determines that evidence exists to support a finding that the child
  is a child with [has a] mental illness and that the child meets the
  [commitment] criteria for court-ordered mental health services
  under Section 55.05 [Subtitle C, Title 7, Health and Safety Code,
  proceed under Section 55.12]; or
               (2)  dissolve the stay and continue the juvenile court
  proceedings if the court determines that evidence does not exist to
  support a finding that the child is a child with [has a] mental
  illness or that the child meets the [commitment] criteria for
  court-ordered mental health services under Section 55.05 [Subtitle
  C, Title 7, Health and Safety Code, dissolve the stay and continue
  the juvenile court proceedings].
         SECTION 30.  Sections 55.12, 55.15, 55.16, 55.17, 55.18, and
  55.19, Family Code, are amended to read as follows:
         Sec. 55.12.  INITIATION OF [COMMITMENT] PROCEEDINGS FOR
  COURT-ORDERED MENTAL HEALTH SERVICES. If, after considering all
  relevant information, the juvenile court determines that evidence
  exists to support a finding that a child is a child with [has a]
  mental illness and that the child meets the [commitment] criteria
  for court-ordered mental health services under Section 55.05 [under
  Subtitle C, Title 7, Health and Safety Code], the court shall:
               (1)  initiate proceedings as provided by Section 55.65
  [55.13] to order temporary or extended mental health services, as
  provided in this chapter and Subchapter C, Chapter 574, Health and
  Safety Code; or
               (2)  refer the child's case as provided by Section 55.68
  [55.14] to the appropriate court for the initiation of proceedings
  in that court to order temporary or extended mental health services
  for [commitment of] the child under this chapter and Subchapter C,
  Chapter 574, Health and Safety Code.
         Sec. 55.15.  STANDARDS OF CARE; EXPIRATION OF COURT ORDER
  FOR MENTAL HEALTH SERVICES. Treatment ordered under this
  subchapter for a child with mental illness must focus on the
  stabilization of the child's mental illness and on meeting the
  child's psychiatric needs in the least restrictive appropriate
  setting. If the juvenile court or a court to which the child's case
  is referred under Section 55.12(2) orders mental health services
  for the child, the child shall be transported, cared for, treated,
  and released in conformity to Subtitle C, Title 7, Health and Safety
  Code, except:
               (1)  a court order for mental health services for a
  child automatically expires on the 120th day after the date the
  child becomes 18 years of age; and
               (2)  the administrator of a mental health facility
  shall notify, in writing, by certified mail, return receipt
  requested, the juvenile court that ordered mental health services
  or the juvenile court that referred the case to a court that ordered
  the mental health services of the intent to discharge the child at
  least 10 days prior to discharge.
         Sec. 55.16.  ORDER FOR MENTAL HEALTH SERVICES; STAY OF
  PROCEEDINGS. (a) If the court to which the child's case is
  referred under Section 55.12(2) orders temporary or extended
  [inpatient] mental health services for the child, the court shall
  immediately notify in writing the referring juvenile court of the
  court's order for mental health services.
         (b)  If the juvenile court orders temporary or extended
  [inpatient] mental health services for the child or if the juvenile
  court receives notice under Subsection (a) from the court to which
  the child's case is referred, the proceedings under this title then
  pending in juvenile court shall be stayed.
         Sec. 55.17.  MENTAL HEALTH SERVICES NOT ORDERED;
  DISSOLUTION OF STAY. (a) If the court to which a child's case is
  referred under Section 55.12(2) does not order temporary or
  extended [inpatient] mental health services for the child, the
  court shall immediately notify in writing the referring juvenile
  court of the court's decision.
         (b)  If the juvenile court does not order temporary or
  extended [inpatient] mental health services for the child or if the
  juvenile court receives notice under Subsection (a) from the court
  to which the child's case is referred, the juvenile court shall
  dissolve the stay and continue the juvenile court proceedings.
         Sec. 55.18.  DISCHARGE FROM COURT-ORDERED INPATIENT OR
  OUTPATIENT MENTAL HEALTH SERVICES [FACILITY] BEFORE REACHING 18
  YEARS OF AGE. If the child is discharged from the mental health
  facility or from outpatient treatment services before reaching 18
  years of age, the juvenile court may:
               (1)  dismiss the juvenile court proceedings with
  prejudice; or
               (2)  dissolve the stay and continue with proceedings
  under this title as though no order of mental health services had
  been made.
         Sec. 55.19.  DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
  18TH BIRTHDAY. (a) The juvenile court may waive its exclusive
  original jurisdiction and [shall] transfer all pending proceedings
  from the juvenile court to a criminal court on or after the 18th
  birthday of a child for whom the juvenile court or a court to which
  the child's case was [is] referred under Section 55.12(2) [has]
  ordered inpatient mental health services if:
               (1)  the child is not discharged or furloughed from the
  inpatient mental health facility before reaching 18 years of age;
  and
               (2)  the child is alleged to have engaged in delinquent
  conduct that included a violation of a penal law listed in Section
  53.045 and no adjudication concerning the alleged conduct has been
  made.
         (b)  A court conducting a waiver of jurisdiction and
  discretionary transfer hearing under this section shall conduct the
  hearing according to Sections 54.02(j), (k), and (l).
         (c)  If after the hearing the juvenile court waives its
  jurisdiction and transfers the person to criminal court, the [The]
  juvenile court shall send notification of the transfer of a child
  under Subsection (a) to the inpatient mental health facility. The
  criminal court shall, within 90 days of the transfer, institute
  proceedings under Chapter 46B, Code of Criminal Procedure. If
  those or any subsequent proceedings result in a determination that
  the defendant is competent to stand trial, the defendant may not
  receive a punishment for the delinquent conduct described by
  Subsection (a)(2) that results in confinement for a period longer
  than the maximum period of confinement the defendant could have
  received if the defendant had been adjudicated for the delinquent
  conduct while still a child and within the jurisdiction of the
  juvenile court.
         SECTION 31.  Section 55.31, Family Code, is amended by
  amending Subsections (c) and (d) and adding Subsections (e) and (f)
  to read as follows:
         (c)  If the court determines that probable cause exists to
  believe that the child is unfit to proceed, the court shall
  temporarily stay the juvenile court proceedings and immediately
  order the child to be examined under Section 55.04 [51.20. The
  information obtained from the examination must include expert
  opinion as to whether the child is unfit to proceed as a result of
  mental illness or an intellectual disability].
         (d)  During an examination ordered under this section, and in
  any report based on that examination, an expert shall consider, in
  addition to other issues determined relevant by the expert:
               (1)  whether the child, as supported by current
  indications and the child's personal history:
                     (A)  is a child with mental illness; or
                     (B)  is a child with an intellectual disability; 
               (2)  the child's capacity to:
                     (A)  appreciate the allegations against the
  child;
                     (B)  appreciate the range and nature of allowable
  dispositions that may be imposed in the proceedings against the
  child;
                     (C)  understand the roles of the participants and
  the adversarial nature of the legal process;
                     (D)  display appropriate courtroom behavior; and 
                     (E)  testify relevantly; and
               (3)  the degree of impairment resulting from the
  child's mental illness or intellectual disability and the specific
  impact on the child's capacity to engage with counsel in a
  reasonable and rational manner.
         (e)  An expert's report to the court must state an opinion on
  the child's fitness to proceed or explain why the expert is unable
  to state that opinion and include:
               (1)  the child's history and current status regarding
  any possible mental illness or intellectual disability;
               (2)  the child's developmental history as it relates to
  any possible mental illness or intellectual disability;
               (3)  the child's functional abilities related to
  fitness to stand trial;
               (4)  the relationship between deficits in the child's
  functional abilities related to fitness to proceed and any mental
  illness or intellectual disability; and
               (5)  if the expert believes the child is in need of
  remediation or restoration services, a discussion of:
                     (A)  whether the child's abilities are likely to
  be remediated or restored within the period described by Section
  55.33(a)(1), (2), or (3);
                     (B)  whether the child may be adequately treated
  in an alternative setting;
                     (C)  any recommended interventions to aid in the
  remediation or restoration of the child's fitness; 
                     (D)  whether the child meets criteria for
  court-ordered treatment or services under Section 55.05 or 55.06;
  and
                     (E)  if applicable, the specific criteria the
  child meets under Paragraph (D).
         (f) [(d)]  After considering all relevant information,
  including information obtained from an examination under Section
  55.04 [51.20], the court shall:
               (1)  if the court determines that evidence exists to
  support a finding that the child is unfit to proceed, proceed under
  Section 55.32; or
               (2)  if the court determines that evidence does not
  exist to support a finding that the child is unfit to proceed,
  dissolve the stay and continue the juvenile court proceedings.
         SECTION 32.  Sections 55.33 and 55.35, Family Code, are
  amended to read as follows:
         Sec. 55.33.  PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
  PROCEED. (a)  If the juvenile court or jury determines under
  Section 55.32 that a child is unfit as a result of mental illness or
  an intellectual disability to proceed with the juvenile court
  proceedings for delinquent conduct, the court shall:
               (1)  provided that the child meets the inpatient mental
  health services or residential intellectual disability services
  [commitment] criteria under Section 55.05 or 55.06 [Subtitle C or
  D, Title 7, Health and Safety Code], order the child placed with the
  Health and Human Services Commission [Department of State Health
  Services or the Department of Aging and Disability Services, as
  appropriate,] for a period of not more than 90 days, which order may
  not specify a shorter period, for placement in a facility
  designated by the commission [department];
               (2)  on application by the child's parent, guardian, or
  guardian ad litem, order the child placed in a private psychiatric
  inpatient facility or residential care facility for a period of not
  more than 90 days, which order may not specify a shorter period, but
  only if:
                     (A)  the unfitness to proceed is a result of
  mental illness or an intellectual disability; and
                     (B)  the placement is agreed to in writing by the
  administrator of the facility; or
               (3)  subject to Subsection (d) [(c)], if the court
  determines that the child may be adequately treated or served in an
  alternative setting and finds that the child does not meet criteria
  for court-ordered inpatient mental health services or residential
  intellectual disability services under Section 55.05 or 55.06,
  order the child to receive treatment for mental illness or services
  for the child's intellectual disability, as appropriate, on an
  outpatient basis for a period of [not more than] 90 days, with the
  possibility of extension as ordered by the court [which order may
  not specify a shorter period].
         (b)  If a child receives treatment for mental illness or
  services for the child's intellectual disability on an outpatient
  basis in an alternative setting under Subsection (a)(3), juvenile
  probation departments may provide restoration classes in
  collaboration with the outpatient alternative setting.
         (c)  If the court orders a child placed in a private
  psychiatric inpatient facility or residential care facility under
  Subsection (a)(2) or in an alternative setting under Subsection
  (a)(3), the state or a political subdivision of the state may be
  ordered to pay any costs associated with the ordered services
  [child's placement], subject to an express appropriation of funds
  for the purpose.
         (d) [(c)]  Before issuing an order described by Subsection
  (a)(3), the court shall consult with the local juvenile probation
  department, [and] with local treatment or service providers, with
  the local mental health authority, and with the local intellectual
  and developmental disability authority to determine the
  appropriate treatment or services and restoration classes for the
  child.
         Sec. 55.35.  INFORMATION REQUIRED TO BE SENT TO FACILITY OR
  ALTERNATIVE SETTING; REPORT TO COURT. (a)  If the juvenile court
  issues an [a placement] order under Section 55.33(a), the court
  shall order the probation department to send copies of any
  information in the possession of the department and relevant to the
  issue of the child's mental illness or intellectual disability to
  the public or private facility or outpatient alternative setting
  [center], as appropriate.
         (b)  Not later than the 75th day after the date the court
  issues an [a placement] order under Section 55.33(a), the public or
  private facility or outpatient alternative setting [center], as
  appropriate, shall submit to the court a report that:
               (1)  describes the treatment or services provided to
  the child by the facility or alternative setting [center]; and
               (2)  states the opinion of the director of the facility
  or alternative setting [center] as to whether the child is fit or
  unfit to proceed.
         (c)  If the report under Subsection (b) states that the child
  is unfit to proceed, the report must also include an opinion and the
  reasons for that opinion as to whether the child meets the criteria
  for court-ordered mental health services or court-ordered
  intellectual disability services under Section 55.05 or 55.06.
         (d)  The report of an outpatient alternative setting
  collaborating with a juvenile probation department to provide
  restoration classes must include any information provided by the
  juvenile probation department regarding the child's assessment at
  the conclusion of the restoration classes.
         (e)  The court shall provide a copy of the report submitted
  under Subsection (b) to the prosecuting attorney and the attorney
  for the child.
         SECTION 33.  Section 55.36(d), Family Code, is amended to
  read as follows:
         (d)  If, after a hearing, the court or jury finds that the
  child is unfit to proceed, the court shall proceed under Section
  55.37 or 55.40, as appropriate.
         SECTION 34.  Sections 55.37 and 55.40, Family Code, are
  amended to read as follows:
         Sec. 55.37.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A
  RESULT OF MENTAL ILLNESS; INITIATION OF [COMMITMENT] PROCEEDINGS
  FOR COURT-ORDERED MENTAL HEALTH SERVICES. If a report submitted
  under Section 55.35(b) states that a child is unfit to proceed as a
  result of mental illness and that the child meets the [commitment]
  criteria for court-ordered mental health services under Section
  55.05 [civil commitment under Subtitle C, Title 7, Health and
  Safety Code], the director of the public or private facility or
  outpatient alternative setting [center], as appropriate, shall
  submit to the court two certificates of medical examination for
  mental illness, as described by Subchapter A, Chapter 574, Health
  and Safety Code. On receipt of the certificates, the court shall:
               (1)  initiate proceedings as provided by Section 55.66
  for temporary or extended mental health services, as provided by
  this chapter and Subchapter C, Chapter 574, [55.38 in the juvenile
  court for commitment of the child under Subtitle C, Title 7,] Health
  and Safety Code; or
               (2)  refer the child's case as provided by Section 55.68
  [55.39] to the appropriate court for the initiation of proceedings
  in that court for temporary or extended mental health services for
  [commitment of] the child under this chapter and Subchapter C,
  Chapter 574, [Subtitle C, Title 7,] Health and Safety Code.
         Sec. 55.40.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A
  RESULT OF INTELLECTUAL DISABILITY.  If a report submitted under
  Section 55.35(b) states that a child is unfit to proceed as a result
  of an intellectual disability and that the child meets the
  [commitment] criteria for court-ordered residential intellectual
  disability services under Section 55.06 [civil commitment under
  Subtitle D, Title 7, Health and Safety Code], the director of the
  residential care facility or alternative setting shall submit to
  the court an affidavit stating the conclusions reached as a result
  of the diagnosis.  On receipt of the affidavit, the court shall:
               (1)  initiate proceedings as provided by Section 55.67
  [55.41] in the juvenile court for court-ordered residential
  intellectual disability services for [commitment of] the child
  under Subtitle D, Title 7, Health and Safety Code; or
               (2)  refer the child's case as provided by Section 55.68
  [55.42] to the appropriate court for the initiation of proceedings
  in that court for court-ordered residential intellectual
  disability services for [commitment of] the child under Subtitle D,
  Title 7, Health and Safety Code.
         SECTION 35.  Section 55.43(a), Family Code, is amended to
  read as follows:
         (a)  The prosecuting attorney may file with the juvenile
  court a motion for a restoration hearing concerning a child if:
               (1)  the child is found unfit to proceed as a result of
  mental illness or an intellectual disability; and
               (2)  the child:
                     (A)  is not:
                           (i)  ordered by a court to receive inpatient
  mental health or intellectual disability services;
                           (ii)  ordered [committed] by a court to
  receive services at a residential care facility; or
                           (iii)  ordered by a court to receive
  treatment or services on an outpatient basis; or
                     (B)  is discharged or currently on furlough from a
  mental health facility or discharged from an alternative setting
  [outpatient center] before the child reaches 18 years of age.
         SECTION 36.  Section 55.44, Family Code, is amended to read
  as follows:
         Sec. 55.44.  DISCRETIONARY TRANSFER TO CRIMINAL COURT ON
  18TH BIRTHDAY OF CHILD. (a)  The juvenile court may waive its
  exclusive original jurisdiction and [shall] transfer all pending
  proceedings from the juvenile court to a criminal court on or after
  the 18th birthday of a child for whom the juvenile court or a court
  to which the child's case is referred has ordered inpatient mental
  health services or residential care for persons with an
  intellectual disability if:
               (1)  the child is not discharged or currently on
  furlough from the facility before reaching 18 years of age; and
               (2)  the child is alleged to have engaged in delinquent
  conduct that included a violation of a penal law listed in Section
  53.045 and no adjudication concerning the alleged conduct has been
  made.
         (b)  A court conducting a waiver of jurisdiction and
  discretionary transfer hearing under this section shall conduct the
  hearing according to Sections 54.02(j), (k), and (l).
         (c)  If after the hearing the juvenile court waives its
  jurisdiction and transfers the case to criminal court, the [The]
  juvenile court shall send notification of the transfer of a child
  under Subsection (a) to the facility. The criminal court shall,
  before the 91st day after the date of the transfer, institute
  proceedings under Chapter 46B, Code of Criminal Procedure. If
  those or any subsequent proceedings result in a determination that
  the defendant is competent to stand trial, the defendant may not
  receive a punishment for the delinquent conduct described by
  Subsection (a)(2) that results in confinement for a period longer
  than the maximum period of confinement the defendant could have
  received if the defendant had been adjudicated for the delinquent
  conduct while still a child and within the jurisdiction of the
  juvenile court.
         SECTION 37.  Sections 55.45(b) and (c), Family Code, are
  amended to read as follows:
         (b)  If the juvenile court or a court to which the child's
  case is referred under Section 55.40(2) orders the intellectual
  disability services for [commitment of] the child to be provided at
  [to] a residential care facility, the child shall be cared for,
  treated, and released in accordance with Subtitle D, Title 7,
  Health and Safety Code, except that the administrator of the
  residential care facility shall notify, in writing, by certified
  mail, return receipt requested, the juvenile court that ordered
  intellectual disability services for [commitment of] the child or
  that referred the case to a court that ordered intellectual
  disability services for [commitment of] the child of the intent to
  discharge or furlough the child on or before the 20th day before the
  date of discharge or furlough.
         (c)  If the referred child, as described in Subsection (b),
  is alleged to have committed an offense listed in Article 42A.054,
  Code of Criminal Procedure, the administrator of the residential
  care facility shall apply, in writing, by certified mail, return
  receipt requested, to the juvenile court that ordered services for
  [commitment of] the child or that referred the case to a court that
  ordered services for [commitment of] the child and show good cause
  for any release of the child from the facility for more than 48
  hours.  Notice of this request must be provided to the prosecuting
  attorney responsible for the case.  The prosecuting attorney, the
  juvenile, or the administrator may apply for a hearing on this
  application.  If no one applies for a hearing, the trial court shall
  resolve the application on the written submission.  The rules of
  evidence do not apply to this hearing.  An appeal of the trial
  court's ruling on the application is not allowed.  The release of a
  child described in this subsection without the express approval of
  the trial court is punishable by contempt.
         SECTION 38.  Section 55.51(b), Family Code, is amended to
  read as follows:
         (b)  On a motion by a party in which it is alleged that a
  child may not be responsible as a result of mental illness or an
  intellectual disability for the child's conduct, the court shall
  order the child to be examined under Section 55.04 [51.20].  The
  information obtained from the examinations must include expert
  opinion as to:
               (1)  whether the child is a child with mental illness or
  an intellectual disability;
               (2)  whether the child is not responsible for the
  child's conduct as a result of mental illness or an intellectual
  disability;
               (3)  whether the child meets criteria for court-ordered
  mental health or intellectual disability services under Section
  55.05 or 55.06; and
               (4)  if applicable, the specific criteria the child
  meets under Subdivision (3).
         SECTION 39.  Sections 55.52 and 55.54, Family Code, are
  amended to read as follows:
         Sec. 55.52.  PROCEEDINGS FOLLOWING FINDING OF LACK OF
  RESPONSIBILITY FOR CONDUCT. (a) If the court or jury finds that a
  child is not responsible for the child's conduct under Section
  55.51 as a result of mental illness or an intellectual disability,
  the court shall:
               (1)  provided that the child meets the inpatient mental
  health services or residential intellectual disability services
  [commitment] criteria under Section 55.05 or 55.06 [Subtitle C or
  D, Title 7, Health and Safety Code], order the child placed with the
  Health and Human Services Commission [Department of State Health
  Services or the Department of Aging and Disability Services, as
  appropriate,] for a period of not more than 90 days, which order may
  not specify a shorter period, for placement in a facility
  designated by the commission [department];
               (2)  on application by the child's parent, guardian, or
  guardian ad litem, order the child placed in a private psychiatric
  inpatient facility or residential care facility for a period of not
  more than 90 days, which order may not specify a shorter period, but
  only if:
                     (A)  the child's lack of responsibility is a
  result of mental illness or an intellectual disability; and
                     (B)  the placement is agreed to in writing by the
  administrator of the facility; or
               (3)  subject to Subsection (c), if the court determines
  that the child may be adequately treated or served in an alternative
  setting and finds that the child does not meet criteria for
  court-ordered inpatient mental health services or residential
  intellectual disability services under Section 55.05 or 55.06,
  order the child to receive treatment for mental illness or services
  for the child's intellectual disability, as appropriate, on an
  outpatient basis for a period of [not more than] 90 days, with the
  possibility of extension as ordered by the court [which order may
  not specify a shorter period].
         (b)  If the court orders a child placed in a private
  psychiatric inpatient facility or residential care facility under
  Subsection (a)(2) or in an alternative setting under Subsection
  (a)(3), the state or a political subdivision of the state may be
  ordered to pay any costs associated with the ordered services
  [child's placement], subject to an express appropriation of funds
  for the purpose.
         (c)  Before issuing an order described by Subsection (a)(3),
  the court shall consult with the local juvenile probation
  department, [and] with local treatment or service providers, with
  the local mental health authority, and with the local intellectual
  and developmental disability authority to determine the
  appropriate treatment or services for the child.
         Sec. 55.54.  INFORMATION REQUIRED TO BE SENT TO FACILITY OR
  ALTERNATIVE SETTING; REPORT TO COURT. (a)  If the juvenile court
  issues an [a placement] order under Section 55.52(a), the court
  shall order the probation department to send copies of any
  information in the possession of the department and relevant to the
  issue of the child's mental illness or intellectual disability to
  the public or private facility or alternative setting [outpatient
  center], as appropriate.
         (b)  Not later than the 75th day after the date the court
  issues an [a placement] order under Section 55.52(a), the public or
  private facility or alternative setting [outpatient center], as
  appropriate, shall submit to the court a report that:
               (1)  describes the treatment or services provided to
  the child by the facility or alternative setting [center]; and
               (2)  states the opinion of the director of the facility
  or alternative setting [center] as to whether the child is a child
  with [has a] mental illness or an intellectual disability.
         (c)  If the report under Subsection (b) states that the child
  is a child with mental illness or an intellectual disability, the
  report must include an opinion as to whether the child meets
  criteria for court-ordered mental health services or court-ordered
  intellectual disability services under Section 55.05 or 55.06.
         (d) [(c)]  The court shall send a copy of the report
  submitted under Subsection (b) to the prosecuting attorney and the
  attorney for the child.
         SECTION 40.  Sections 55.55(b), (c), (d), and (e), Family
  Code, are amended to read as follows:
         (b)  On objection by the prosecuting attorney under
  Subsection (a), the juvenile court shall hold a hearing without a
  jury to determine whether the child is a child with [has a] mental
  illness or an intellectual disability and whether the child meets
  the [commitment] criteria for court-ordered mental health services
  or court-ordered intellectual disability services [civil
  commitment] under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
  Health and Safety Code].
         (c)  At the hearing, the burden is on the state to prove by
  clear and convincing evidence that the child is a child with [has a]
  mental illness or an intellectual disability and that the child
  meets the [commitment] criteria for court-ordered mental health
  services or court-ordered intellectual disability services [civil
  commitment] under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
  Health and Safety Code].
         (d)  If, after a hearing, the court finds that the child does
  not have a mental illness or an intellectual disability and that the
  child does not meet the [commitment] criteria for court-ordered
  treatment services under Section 55.05 or 55.06 [Subtitle C or D,
  Title 7, Health and Safety Code], the court shall discharge the
  child.
         (e)  If, after a hearing, the court finds that the child has a
  mental illness or an intellectual disability and that the child
  meets the [commitment] criteria for court-ordered treatment
  services under Section 55.05 or 55.06 [Subtitle C or D, Title 7,
  Health and Safety Code], the court shall issue an appropriate
  [commitment] order for court-ordered mental health services or
  court-ordered intellectual disability services.
         SECTION 41.  Section 55.56, Family Code, is amended to read
  as follows:
         Sec. 55.56.  REPORT THAT CHILD HAS MENTAL ILLNESS;
  INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED MENTAL
  HEALTH SERVICES. If a report submitted under Section 55.54(b)
  states that a child is a child with [has a] mental illness and that
  the child meets the [commitment] criteria for court-ordered mental
  health services [civil commitment] under Section 55.05 [Subtitle C,
  Title 7, Health and Safety Code], the director of the public or
  private facility or alternative setting [outpatient center], as
  appropriate, shall submit to the court two certificates of medical
  examination for mental illness, as described by Subchapter A,
  Chapter 574, Health and Safety Code. On receipt of the
  certificates, the court shall:
               (1)  initiate proceedings as provided by Section 55.66
  [55.57] in the juvenile court for court-ordered mental health
  services for [commitment of] the child under Subtitle C, Title 7,
  Health and Safety Code; or
               (2)  refer the child's case as provided by Section 55.68
  [55.58] to the appropriate court for the initiation of proceedings
  in that court for court-ordered mental health services for
  [commitment of] the child under Subtitle C, Title 7, Health and
  Safety Code.
         SECTION 42.  Section 55.59, Family Code, is amended to read
  as follows:
         Sec. 55.59.  REPORT THAT CHILD HAS INTELLECTUAL DISABILITY;
  INITIATION OF [COMMITMENT] PROCEEDINGS FOR COURT-ORDERED
  RESIDENTIAL INTELLECTUAL DISABILITY SERVICES.  If a report
  submitted under Section 55.54(b) states that a child is a child with 
  [has] an intellectual disability and that the child meets the
  [commitment] criteria for court-ordered residential intellectual
  disability services under Section 55.06 [civil commitment under
  Subtitle D, Title 7, Health and Safety Code], the director of the
  residential care facility or alternative setting shall submit to
  the court an affidavit stating the conclusions reached as a result
  of the diagnosis.  On receipt of an affidavit, the juvenile court
  shall:
               (1)  initiate proceedings in the juvenile court as
  provided by Section 55.67 [55.60] for court-ordered residential
  intellectual disability services for [commitment of] the child
  under Subtitle D, Title 7, Health and Safety Code; or
               (2)  refer the child's case to the appropriate court as
  provided by Section 55.68 [55.61] for the initiation of proceedings
  in that court for court-ordered residential intellectual
  disability services for [commitment of] the child under Subtitle D,
  Title 7, Health and Safety Code.
         SECTION 43.  Chapter 55, Family Code, is amended by adding
  Subchapter E, and a heading is added to that subchapter to read as
  follows:
  SUBCHAPTER E. PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH OR
  RESIDENTIAL INTELLECTUAL DISABILITY SERVICES
         SECTION 44.  Sections 55.13 and 55.14, Family Code, are
  transferred to Subchapter E, Chapter 55, Family Code, as added by
  this Act, redesignated as Sections 55.65 and 55.68, Family Code,
  respectively, and amended to read as follows:
         Sec. 55.65  [55.13]. [COMMITMENT] PROCEEDINGS IN JUVENILE
  COURT FOR CHILD WITH MENTAL ILLNESS. (a) If the juvenile court
  initiates proceedings for temporary or extended mental health
  services under Section 55.12(1), the prosecuting attorney or the
  attorney for the child may file with the juvenile court an
  application for court-ordered mental health services under
  Sections [Section] 574.001 and 574.002, Health and Safety Code.
  The juvenile court shall:
               (1)  set a date for a hearing and provide notice as
  required by Sections 574.005 and 574.006, Health and Safety Code;
  [and]
               (2)  direct the local mental health authority to file,
  before the date set for the hearing, its recommendation for the
  child's proposed treatment, as required by Section 574.012, Health
  and Safety Code;
               (3)  identify the person responsible for court-ordered
  outpatient mental health services not later than the third day
  before the date set for a hearing that may result in the court
  ordering the child to receive court-ordered outpatient mental
  health services, as required by Section 574.0125, Health and Safety
  Code;
               (4)  appoint physicians necessary to examine the child
  and to complete the certificates of medical examination for mental
  illness required under Section 574.009, Health and Safety Code; and
               (5)  conduct the hearing in accordance with Subchapter
  C, Chapter 574, Health and Safety Code.
         (b)  The burden of proof at the hearing is on the party who
  filed the application.
         (c)  [The juvenile court shall appoint the number of
  physicians necessary to examine the child and to complete the
  certificates of medical examination for mental illness required
  under Section 574.009, Health and Safety Code.
         [(d)]  After conducting a hearing on an application under
  this section and with consideration given to the least restrictive
  appropriate setting for treatment of the child and to the parent's,
  managing conservator's, or guardian's availability and willingness
  to participate in the treatment of the child, the juvenile court
  shall:
               (1)  if the criteria under Section 55.05(a) or (b)
  [574.034 or 574.0345, Health and Safety Code,] are satisfied, order
  temporary inpatient or outpatient mental health services for the
  child under Chapter 574, Health and Safety Code; or
               (2)  if the criteria under Section 55.05(c) or (d)
  [574.035 or 574.0355, Health and Safety Code,] are satisfied, order
  extended inpatient or outpatient mental health services for the
  child under Chapter 574, Health and Safety Code.
         (d)  On receipt of the court's order for inpatient mental
  health services, the Health and Human Services Commission shall
  identify a facility and admit the child to the identified facility.
         (e)  If the child is currently detained in a juvenile
  detention facility, the juvenile court shall:
               (1)  order the child released from detention to the
  child's home or another appropriate place;
               (2)  order the child detained or placed in an
  appropriate facility other than a juvenile detention facility; or
               (3)  conduct a detention hearing and, if the court
  makes findings under Section 54.01 to support further detention of
  the child, order the child to remain in the juvenile detention
  facility subject to further detention orders of the court.
         Sec. 55.68 [55.14].  REFERRAL FOR [COMMITMENT] PROCEEDINGS
  FOR CHILD WITH MENTAL ILLNESS OR CHILD FOUND UNFIT TO PROCEED OR
  LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS OR
  INTELLECTUAL DISABILITY.  (a) If the juvenile court refers the
  child's case to an [the] appropriate court for the initiation of
  [commitment] proceedings for court-ordered treatment services
  under Section 55.12(2), 55.37(2), 55.40(2), 55.56(2), or 55.59(2),
  the juvenile court shall:
               (1)  send to the clerk of the court to which the case is
  referred all papers, including evaluations, examination reports,
  court findings, orders, verdicts, judgments, and reports from
  facilities and alternative settings, relating to:
                     (A)  the child's mental illness or intellectual
  disability;
                     (B)  the child's unfitness to proceed, if
  applicable; and
                     (C)  the finding that the child was not
  responsible for the child's conduct, if applicable [to the clerk of
  the court to which the case is referred]; and
               (2)  send to the office of the appropriate county
  attorney or, if a county attorney is not available, to the office of
  the appropriate district attorney, copies of all papers sent to the
  clerk of the court under Subdivision (1) [; and
               [(3)  if the child is in detention:
                     [(A)  order the child released from detention to
  the child's home or another appropriate place;
                     [(B)  order the child detained in an appropriate
  place other than a juvenile detention facility; or
                     [(C)  if an appropriate place to release or detain
  the child as described by Paragraph (A) or (B) is not available,
  order the child to remain in the juvenile detention facility
  subject to further detention orders of the court].
         (b)  The papers sent to the clerk of a court under Subsection
  (a)(1) constitute an application for court-ordered mental health
  services under Section 574.001, Health and Safety Code, or an
  application for placement under Section 593.041, Health and Safety
  Code, as applicable.
         (c)  If the child is currently detained in a juvenile
  detention facility, the juvenile court shall:
               (1)  order the child released from detention to the
  child's home or another appropriate place;
               (2)  order the child detained or placed in an
  appropriate facility other than a juvenile detention facility; or
               (3)  conduct a detention hearing and, if the court
  makes findings under Section 54.01 to support further detention of
  the child, order the child to remain in the juvenile detention
  facility subject to further detention orders of the court.
         SECTION 45.  Sections 55.38 and 55.41, Family Code, are
  transferred to Subchapter E, Chapter 55, Family Code, as added by
  this Act, redesignated as Sections 55.66 and 55.67, Family Code,
  respectively, and amended to read as follows:
         Sec. 55.66 [55.38]. [COMMITMENT] PROCEEDINGS IN JUVENILE
  COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY
  FOR CONDUCT DUE TO MENTAL ILLNESS. (a) If the juvenile court
  initiates [commitment] proceedings for court-ordered mental health
  services under Section 55.37(1) or 55.56(1), the prosecuting
  attorney may file with the juvenile court an application for
  court-ordered mental health services under Sections [Section]
  574.001 and 574.002, Health and Safety Code. The juvenile court
  shall:
               (1)  set a date for a hearing and provide notice as
  required by Sections 574.005 and 574.006, Health and Safety Code;
  [and]
               (2)  direct the local mental health authority to file,
  before the date set for the hearing, its recommendation for the
  child's proposed treatment, as required by Section 574.012, Health
  and Safety Code;
               (3)  identify the person responsible for court-ordered
  outpatient mental health services at least three days before the
  date of a hearing that may result in the court ordering the child to
  receive court-ordered outpatient mental health services, as
  required by Section 574.012, Health and Safety Code; and
               (4)  conduct the hearing in accordance with Subchapter
  C, Chapter 574, Health and Safety Code.
         (b)  After conducting a hearing under this section and with
  consideration given to the least restrictive appropriate setting
  for treatment of the child and to the parent's, managing
  conservator's, or guardian's availability and willingness to
  participate in the treatment of the child [Subsection (a)(2)], the
  juvenile court shall:
               (1)  if the criteria for court-ordered mental health
  services under Section 55.05(a) or (b) [574.034 or 574.0345, Health
  and Safety Code,] are satisfied, order temporary inpatient or
  outpatient mental health services; or
               (2)  if the criteria for court-ordered mental health
  services under Section 55.05(c) or (d) [574.035 or 574.0355, Health
  and Safety Code,] are satisfied, order extended inpatient or
  outpatient mental health services.
         (c)  On receipt of the court's order for inpatient mental
  health services, the Health and Human Services Commission shall
  identify a facility and admit the child to the identified facility.
         (d)  If the child is currently detained in a juvenile
  detention facility, the juvenile court shall:
               (1)  order the child released from detention to the
  child's home or another appropriate place;
               (2)  order the child detained or placed in an
  appropriate facility other than a juvenile detention facility; or
               (3)  conduct a detention hearing and, if the court
  makes findings under Section 54.01 to support further detention of
  the child, order the child to remain in the juvenile detention
  facility subject to further detention orders of the court.
         Sec. 55.67 [55.41]. [COMMITMENT] PROCEEDINGS IN JUVENILE
  COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY
  FOR CONDUCT DUE TO [CHILDREN WITH] INTELLECTUAL DISABILITY.  (a) If
  the juvenile court initiates [commitment] proceedings under
  Section 55.40(1) or 55.59(1), the prosecuting attorney may file
  with the juvenile court an application for an interdisciplinary
  team report and recommendation that the child is in need of
  long-term placement in a residential care facility, under Section
  593.041, Health and Safety Code. The juvenile court shall:
               (1)  set a date for a hearing and provide notice as
  required by Sections 593.047 and 593.048, Health and Safety Code;
  and
               (2)  conduct the hearing in accordance with Sections
  593.049-593.056, Health and Safety Code.
         (b)  After conducting a hearing under this section and with
  consideration given to the least restrictive appropriate setting
  for services for the child and to the parent's, managing
  conservator's, or guardian's availability and willingness to
  participate in the services for the child [Subsection (a)(2)], the
  juvenile court may order residential intellectual disability
  services for the child if the [commitment of the child to a
  residential care facility if the commitment] criteria under Section
  55.06 [593.052, Health and Safety Code,] are satisfied.
         (c)  On receipt of the court's order, the Health and Human
  Services Commission [Department of Aging and Disability Services or
  the appropriate community center] shall identify a residential care
  facility and admit the child to the identified [a residential care]
  facility.
         (d)  If the child is currently detained in a juvenile
  detention facility, the juvenile court shall:
               (1)  order the child released from detention to the
  child's home or another appropriate place;
               (2)  order the child detained or placed in an
  appropriate facility other than a juvenile detention facility; or
               (3)  conduct a detention hearing and, if the court
  makes findings under Section 54.01 to support further detention of
  the child, order the child to remain in the juvenile detention
  facility subject to further detention orders of the court.
         SECTION 46.  Section 573.012, Health and Safety Code, is
  amended by adding Subsections (d-1) and (d-2) and amending
  Subsection (h) to read as follows:
         (d-1)  A peace officer who apprehends a person under this
  section may immediately seize any firearm found in the person's
  possession. A peace officer who seizes a firearm under this
  subsection must comply with the requirements of Article 18.191,
  Code of Criminal Procedure.
         (d-2)  A peace officer who transports an apprehended person
  to a facility in accordance with this section:
               (1)  is not required to remain at the facility while the
  person is medically screened or treated or while the person's
  insurance coverage is verified; and
               (2)  may leave the facility immediately after:
                     (A)  the person is taken into custody by
  appropriate facility staff; and
                     (B)  the peace officer provides to the facility
  the required documentation.
         (h)  A judge or magistrate may permit an applicant who is a
  physician or a licensed mental health professional employed by a
  local mental health authority to present an application by:
               (1)  e-mail with the application attached as a secure
  document in a portable document format (PDF); or
               (2)  secure electronic means, including:
                     (A)  satellite transmission;
                     (B)  closed-circuit television transmission; or
                     (C)  any other method of two-way electronic
  communication that:
                           (i)  is secure;
                           (ii)  is available to the judge or
  magistrate; and
                           (iii)  provides for a simultaneous,
  compressed full-motion video and interactive communication of
  image and sound between the judge or magistrate and the applicant.
         SECTION 47.  Section 574.106, Health and Safety Code, is
  amended by adding Subsection (m) to read as follows:
         (m)  An order issued under this section authorizes the taking
  of a patient's blood sample to conduct reasonable and medically
  necessary evaluations and laboratory tests to safely administer a
  psychoactive medication authorized by the order.
         SECTION 48.  The following provisions are repealed:
               (1)  Sections 55.39, 55.42, 55.57, 55.58, 55.60, and
  55.61, Family Code;
               (2)  Article 46B.071(b), Code of Criminal Procedure;
               (3)  Articles 46B.073(e) and (f), Code of Criminal
  Procedure; and
               (4)  Sections 574.035(d) and 574.0355(b), Health and
  Safety Code.
         SECTION 49.  Chapters 51 and 55, Family Code, as amended by
  this Act, apply only to a juvenile court hearing or proceeding that
  commences on or after the effective date of this Act.  A juvenile
  court hearing or proceeding that commences before the effective
  date of this Act is governed by the law in effect on the date the
  hearing or proceeding commenced, and the former law is continued in
  effect for that purpose.
         SECTION 50.  This Act takes effect September 1, 2023.

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