88R3692 EAS-F
	By: Perry	S.B. No. 1179

	A BILL TO BE ENTITLED
	AN ACT
	relating to sexually violent predators and the prosecution of
	certain offenses involving prohibited items at correctional or
	civil commitment facilities; creating a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 20.02(c), Penal Code, is amended to read
	as follows:
	(c)  An offense under this section is a Class A misdemeanor,
	except that the offense is:
	(1)  a state jail felony if the person restrained was a
	child younger than 17 years of age;
	(2)  a felony of the third degree if:
	(A)  the actor recklessly exposes the victim to a
	substantial risk of serious bodily injury;
	(B)  the actor restrains an individual the actor
	knows is a public servant while the public servant is lawfully
	discharging an official duty or in retaliation or on account of an
	exercise of official power or performance of an official duty as a
	public servant; or
	(C)  the actor, while in custody or committed to a
	civil commitment facility, restrains any other person; or
	(3)  notwithstanding Subdivision (2)(B), a felony of
	the second degree if the actor restrains an individual the actor
	knows is a peace officer or judge while the officer or judge is
	lawfully discharging an official duty or in retaliation or on
	account of an exercise of official power or performance of an
	official duty as a peace officer or judge.
	SECTION 2.  Section 21.07(b), Penal Code, is amended to read
	as follows:
	(b)  An offense under this section is a Class A misdemeanor,
	except that the offense is a felony of the third degree if the actor
	is civilly committed as a sexually violent predator under Chapter
	841, Health and Safety Code.
	SECTION 3.  Section 21.08(b), Penal Code, is amended to read
	as follows:
	(b)  An offense under this section is a Class B misdemeanor,
	except that the offense is a felony of the third degree if the actor
	is civilly committed as a sexually violent predator under Chapter
	841, Health and Safety Code.
	SECTION 4.  Section 22.01(b-1), Penal Code, is amended to
	read as follows:
	(b-1)  Notwithstanding Subsections [Subsection] (b) and (c),
	an offense under Subsection (a) [(a)(1)] is a felony of the third
	degree if the offense is committed:
	(1)  by an [while the] actor who is committed to a civil
	commitment facility; and
	(2)  against:
	(A)  a person the actor knows is an officer or
	employee of the Texas Civil Commitment Office:
	(i)  while the officer or employee is
	lawfully discharging an official duty [at a civil commitment
	facility]; or
	(ii)  in retaliation for or on account of an
	exercise of official power or performance of an official duty by the
	officer or employee; or
	(B)  a person the actor knows is contracting [who
	contracts] with the state to perform a service in a civil commitment
	facility or an employee of that person:
	(i)  while the person or employee is engaged
	in performing a service within the scope of the contract[, if the
	actor knows the person or employee is authorized by the state to
	provide the service]; or
	(ii)  in retaliation for or on account of the
	person's or employee's performance of a service within the scope of
	the contract.
	SECTION 5.  Section 38.11, Penal Code, is amended by
	amending Subsections (a), (d), and (k) and adding Subsection (j-1)
	to read as follows:
	(a)  A person commits an offense if the person provides, or
	possesses with the intent to provide:
	(1)  an alcoholic beverage, controlled substance, or
	dangerous drug to a person in the custody of a correctional facility
	or residing in a civil commitment facility, except on the
	prescription of a practitioner;
	(2)  a deadly weapon to a person in the custody of a
	correctional facility or residing in a civil commitment facility;
	(3)  a cellular telephone or other wireless
	communications device or a component of one of those devices to a
	person in the custody of a correctional facility;
	(4)  money to a person confined in a correctional
	facility; or
	(5)  a cigarette or tobacco product to a person
	confined in a correctional facility, except that if the facility is
	a local jail regulated by the Commission on Jail Standards, the
	person commits an offense only if providing the cigarette or
	tobacco product violates a rule or regulation adopted by the
	sheriff or jail administrator that:
	(A)  prohibits the possession of a cigarette or
	tobacco product by a person confined in the jail; or
	(B)  places restrictions on:
	(i)  the possession of a cigarette or
	tobacco product by a person confined in the jail; or
	(ii)  the manner in which a cigarette or
	tobacco product may be provided to a person confined in the jail.
	(d)  A person commits an offense if the person:
	(1)  possesses an alcoholic beverage, [a] controlled
	substance, or dangerous drug while in a correctional facility or
	civil commitment facility or on property owned, used, or controlled
	by a correctional facility or civil commitment facility; or
	(2)  possesses a deadly weapon while in a correctional
	facility or civil commitment facility.
	(j-1)  A person commits an offense if the person, while
	residing in a civil commitment facility, possesses a cellular
	telephone or other wireless communications device or a component of
	one of those devices unless the device or component is authorized by
	the Texas Civil Commitment Office.
	(k)  A person commits an offense if, with the intent to
	provide to or make a cellular telephone or other wireless
	communications device or a component of one of those devices
	available for use by a person in the custody of a correctional
	facility or residing in a civil commitment facility, the person:
	(1)  acquires a cellular telephone or other wireless
	communications device or a component of one of those devices to be
	delivered to the person in custody or residing in the facility;
	(2)  provides a cellular telephone or other wireless
	communications device or a component of one of those devices to
	another person for delivery to the person in custody or residing in
	the facility; or
	(3)  makes a payment to a communication common carrier,
	as defined by Article 18A.001, Code of Criminal Procedure, or to any
	communication service that provides to its users the ability to
	send or receive wire or electronic communications.
	SECTION 6.  Chapter 39, Penal Code, is amended by adding
	Section 39.041 to read as follows:
	Sec. 39.041.  IMPROPER SEXUAL ACTIVITY WITH COMMITTED
	PERSON. (a)  In this section, "deviate sexual intercourse,"
	"sexual contact," and "sexual intercourse" have the meanings
	assigned by Section 21.01.
	(b)  An officer or employee of the Texas Civil Commitment
	Office, a person who contracts with this state to perform a service
	in a civil commitment facility or an employee of that person, or a
	volunteer at a civil commitment facility commits an offense if the
	person intentionally engages in deviate sexual intercourse, sexual
	contact, or sexual intercourse with a person committed to a civil
	commitment facility.
	(c)  An offense under this section is a felony of the third
	degree.
	(d)  It is an affirmative defense to prosecution under this
	section that, at the time of the offense, the actor was the spouse
	of the person committed to the civil commitment facility.
	(e)  If conduct that constitutes an offense under this
	section also constitutes an offense under any other law, the actor
	may be prosecuted under this section, the other law, or both.
	SECTION 7.  Article 62.005(j), Code of Criminal Procedure,
	is amended to read as follows:
	(j)  The department, for law enforcement purposes or for
	supervision and treatment purposes, shall release all relevant
	information described by Subsection (a), including information
	that is not public information under Subsection (b), to a peace
	officer, an employee of a local law enforcement authority, the
	Texas Civil Commitment Office, or the attorney general on the
	request of the applicable person or entity.
	SECTION 8.  Article 62.051, Code of Criminal Procedure, is
	amended by amending Subsections (b), (e), and (f) and adding
	Subsection (e-1) to read as follows:
	(b)  The department shall provide the Texas Department of
	Criminal Justice, the Texas Juvenile Justice Department, the Texas
	Civil Commitment Office, and each local law enforcement authority,
	authority for campus security, county jail, and court with a form
	for registering persons required by this chapter to register.
	(e)  Not later than the third day after the registration of a
	person [a person's registering], the local law enforcement
	authority with whom the person is registered shall send a copy of
	the registration form to the department and, if the person resides
	on the campus of a public or private institution of higher
	education, to any authority for campus security for that
	institution.
	(e-1)  The Texas Civil Commitment Office shall register with
	the applicable local law enforcement authority on behalf of a
	person who is civilly committed as a sexually violent predator
	under Chapter 841, Health and Safety Code, and required to reside in
	a civil commitment center. A person for whom registration is
	completed under this subsection is not required to verify the
	registration until the person is authorized to reside outside of
	the civil commitment center.
	(f)  Not later than the seventh day after the date on which
	the person is released or, for a person who is civilly committed as
	a sexually violent predator under Chapter 841, Health and Safety
	Code, authorized to reside outside of the civil commitment center,
	a person for whom registration is completed under this chapter
	shall report to the applicable local law enforcement authority to
	verify the information in the registration form received by the
	authority under this chapter. The authority shall require the
	person to produce proof of the person's identity and residence
	before the authority gives the registration form to the person for
	verification.  If the information in the registration form is
	complete and accurate, the person shall verify registration by
	signing the form.  If the information is not complete or not
	accurate, the person shall make any necessary additions or
	corrections before signing the form.
	SECTION 9.  Subtitle A, Title 2, Civil Practice and Remedies
	Code, is amended by adding Chapter 14A to read as follows:
	CHAPTER 14A. LITIGATION BY CIVILLY COMMITTED INDIVIDUAL
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 14A.001.  DEFINITIONS. In this chapter:
	(1)  "Civilly committed individual" means a sexually
	violent predator as described by Section 841.003, Health and Safety
	Code, who has been committed to a facility operated by or under
	contract with the office.
	(2)  "Claim" means a cause of action governed by this
	chapter.
	(3)  "Office" means the Texas Civil Commitment Office.
	(4)  "Trust account" means a civilly committed
	individual's trust account administered by the office or by a
	facility under contract with the office.
	(5)  "Unsworn declaration" means a document executed in
	accordance with Chapter 132.
	Sec. 14A.002.  SCOPE OF CHAPTER. (a) This chapter applies
	only to an action, including an appeal or original proceeding,
	brought by a civilly committed individual in a district, county, or
	justice court or an appellate court, including the supreme court or
	the court of criminal appeals, in which an affidavit or unsworn
	declaration of inability to pay costs is filed by the civilly
	committed individual.
	(b)  This chapter does not apply to an action brought under
	the Family Code.
	SUBCHAPTER B. DISMISSAL OF AND REQUIREMENTS FOR CLAIM
	Sec. 14A.051.  DISMISSAL OF FALSE, FRIVOLOUS, OR MALICIOUS
	CLAIM. (a) A court may dismiss a claim, either before or after
	service of process, if the court finds that:
	(1)  the allegation of poverty in the affidavit or
	unsworn declaration is false;
	(2)  the claim is frivolous or malicious; or
	(3)  the civilly committed individual filed an
	affidavit or unsworn declaration required by this chapter that the
	individual knew was false.
	(b)  In determining whether a claim is frivolous or
	malicious, the court may consider whether:
	(1)  the claim's realistic chance of ultimate success
	is slight;
	(2)  the claim has no arguable basis in law or in fact;
	(3)  it is clear that the civilly committed individual
	cannot prove the facts in support of the claim; or
	(4)  the claim is substantially similar to a previous
	claim filed by the civilly committed individual because the claim
	arises from the same operative facts.
	(c)  In determining whether Subsection (a) applies, the
	court may hold a hearing. The hearing may be held before or after
	service of process, and it may be held on motion of the court, a
	party, or the court clerk.
	(d)  On the filing of a motion under Subsection (c), the
	court shall suspend discovery relating to the claim pending the
	hearing.
	(e)  A court that dismisses a claim brought by a civilly
	committed individual housed in a facility operated by or under
	contract with the office may notify the office of the dismissal and,
	on the court's own motion or the motion of any party or the court
	clerk, may advise the office that a mental health evaluation of the
	individual may be appropriate.
	Sec. 14A.052.  AFFIDAVIT RELATING TO PREVIOUS FILINGS. (a)
	A civilly committed individual who files an affidavit or unsworn
	declaration of inability to pay costs shall file a separate
	affidavit or declaration:
	(1)  identifying the court that ordered the
	individual's civil commitment under Chapter 841, Health and Safety
	Code;
	(2)  indicating whether any cause of action or
	allegation contained in the petition has previously been filed in
	any other court, and if so, stating the cause of action or
	allegation previously filed and complying with Subdivision (6) and
	Subsection (b);
	(3)  identifying each action, other than an action
	under the Family Code, previously brought by the individual in
	which the individual was not represented by an attorney, without
	regard to whether the individual was civilly committed at the time
	the action was brought;
	(4)  certifying that all grievance processes
	applicable to the matter that is the basis of the claim, if any,
	have been exhausted;
	(5)  certifying that no court has found the individual
	to be a vexatious litigant under Chapter 11; and
	(6)  describing each action that was previously brought
	by:
	(A)  stating the operative facts for which relief
	was sought;
	(B)  listing the case name, the cause number, and
	the court in which the action was brought;
	(C)  identifying each party named in the action;
	and
	(D)  stating the result of the action, including
	whether the action or a claim that was a basis for the action was
	dismissed as frivolous or malicious under Section 13.001, 14.003,
	or 14A.051 or otherwise.
	(b)  If the affidavit or unsworn declaration filed under this
	section states that a previous action or claim was dismissed as
	frivolous or malicious, the affidavit or unsworn declaration must
	state the date of the final order affirming the dismissal.
	(c)  The affidavit or unsworn declaration must be
	accompanied by the certified copy of the trust account statement
	required by Section 14A.054(f).
	Sec. 14A.053.  GRIEVANCE SYSTEM DECISION; EXHAUSTION OF
	ADMINISTRATIVE REMEDIES. (a) A civilly committed individual who
	files a claim that is subject to a grievance system established by
	the office or a facility under contract with the office shall file
	with the court:
	(1)  an affidavit or unsworn declaration stating the
	date that the grievance was filed and the date the written decision
	was received by the individual; and
	(2)  a copy of the written decision from the grievance
	system.
	(b)  A court shall dismiss a claim if the civilly committed
	individual fails to file the claim before the 31st day after the
	date the individual receives the written decision from the
	grievance system.
	(c)  If a claim is filed before the grievance system
	procedure is complete, the court shall stay the proceeding with
	respect to the claim for a period not to exceed 180 days to permit
	completion of the grievance system procedure.
	Sec. 14A.054.  COURT FEES, COURT COSTS, OTHER COSTS. (a) A
	court may order a civilly committed individual who has filed a claim
	to pay court fees, court costs, and other costs in accordance with
	this section and Section 14A.055. The court clerk shall mail a copy
	of the court's order and a certified bill of costs to the office or
	facility under contract with the office, as appropriate.
	(b)  On the court's order, the civilly committed individual
	shall pay an amount equal to the lesser of:
	(1)  20 percent of the preceding six months' deposits to
	the individual's trust account; or
	(2)  the total amount of court fees, court costs, and
	other costs.
	(c)  In each month following the month in which payment is
	made under Subsection (b), the civilly committed individual shall
	pay an amount equal to the lesser of:
	(1)  10 percent of that month's deposits to the trust
	account; or
	(2)  the total amount of court fees, court costs, and
	other costs that remains unpaid.
	(d)  Payments under Subsection (c) shall continue until the
	total amount of court fees, court costs, and other costs are paid or
	until the civilly committed individual is released from
	confinement.
	(e)  On receipt of a copy of an order issued under Subsection
	(a), the office or facility under contract with the office shall
	withdraw money from the trust account in accordance with
	Subsections (b), (c), and (d). The office or facility shall hold the
	money in a separate account and shall forward the money to the court
	clerk on the earlier of the following dates:
	(1)  the date the total amount to be forwarded equals
	the total amount of court fees, court costs, and other costs that
	remains unpaid; or
	(2)  the date the civilly committed individual is
	released.
	(f)  The civilly committed individual shall file a certified
	copy of the individual's trust account statement with the court.
	The statement must reflect the balance of the account at the time
	the claim is filed and activity in the account during the six months
	preceding the date on which the claim is filed. The court may
	request the office to provide the information required under this
	subsection.
	(g)  A civilly committed individual may authorize payment in
	addition to that required by this section.
	(h)  The court may dismiss a claim if the civilly committed
	individual fails to pay fees and costs assessed under this section.
	(i)  A civilly committed individual may not avoid the fees
	and costs assessed under this section by nonsuiting a party or by
	voluntarily dismissing the action.
	Sec. 14A.055.  OTHER COSTS. (a) An order under Section
	14A.054(a) must include the costs described by Subsection (b) if
	the court finds that:
	(1)  the civilly committed individual has previously
	filed an action to which this chapter or Chapter 14 applies; and
	(2)  a final order has been issued that affirms that the
	action was dismissed as frivolous or malicious under Section
	13.001, 14.003, or 14A.051 or otherwise.
	(b)  If Subsection (a) applies, costs of court must include
	expenses incurred by the court or by the office or facility under
	contract with the office, in connection with the claim and not
	otherwise charged to the civilly committed individual under Section
	14A.054, including:
	(1)  expenses of service of process;
	(2)  postage; and
	(3)  transportation, housing, or medical care incurred
	in connection with the appearance of the individual in the court for
	any proceeding.
	Sec. 14A.056.  HEARING. (a) The court may hold a hearing
	under this chapter at a facility operated by or under contract with
	the office or may conduct the hearing with video communications
	technology that permits the court to see and hear the civilly
	committed individual and that permits the individual to see and
	hear the court and any other witness.
	(b)  A hearing conducted under this section by video
	communications technology shall be recorded on videotape or by
	other electronic means. The recording is sufficient to serve as a
	permanent record of the hearing.
	Sec. 14A.057.  SUBMISSION OF EVIDENCE. (a) The court may
	request a person with an admissible document or admissible
	testimony relevant to the subject matter of the hearing to submit a
	copy of the document or written statement stating the substance of
	the testimony.
	(b)  A written statement submitted under this section must be
	made under oath or made as an unsworn declaration under Section
	132.001.
	(c)  A copy of a document submitted under this section must
	be accompanied by a certification executed under oath by an
	appropriate custodian of the record stating that the copy is
	correct and any other matter relating to the admissibility of the
	document that the court requires.
	(d)  A person submitting a written statement or document
	under this section is not required to appear at the hearing.
	(e)  The court shall require that the civilly committed
	individual be provided with a copy of each written statement or
	document not later than the 14th day before the date on which the
	hearing is to begin.
	Sec. 14A.058.  DISMISSAL OF CLAIM. (a) The court may enter
	an order dismissing the entire claim or a portion of the claim under
	this chapter.
	(b)  If a portion of the claim is dismissed, the court shall
	designate the issues and defendants on which the claim may proceed,
	subject to Sections 14A.054 and 14A.055.
	(c)  An order under this section is not subject to
	interlocutory appeal by the civilly committed individual.
	Sec. 14A.059.  EFFECT ON OTHER CLAIMS. (a) Except as
	provided by Subsection (b), on receipt of an order assessing fees
	and costs under Section 14A.054 that indicates that the court made
	the finding described by Section 14A.055(a), a court clerk may not
	accept for filing another claim by the civilly committed individual
	until the fees and costs assessed under Section 14A.054 are paid.
	(b)  A court may allow a civilly committed individual who has
	not paid the fees and costs assessed against the individual to file
	a claim for injunctive relief seeking to enjoin an act or failure to
	act that creates a substantial threat of irreparable injury or
	serious physical harm to the individual.
	Sec. 14A.060.  QUESTIONNAIRE. To implement this chapter, a
	court may develop, for use in that court, a questionnaire to be
	filed by the civilly committed individual.
	Sec. 14A.061.  REVIEW AND RECOMMENDATION BY MAGISTRATES.
	(a) The supreme court shall, by rule, adopt a system under which a
	court may refer a suit governed by this chapter to a magistrate for
	review and recommendation.
	(b)  The system adopted under Subsection (a) may be funded
	from money appropriated to the supreme court or from money received
	by the supreme court through interagency contract or contracts.
	(c)  For the purposes of Section 14A.062, the adoption of a
	system by rule under Subsection (a) does not constitute a
	modification or repeal of a provision of this chapter.
	Sec. 14A.062.  CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.
	Notwithstanding Section 22.004, Government Code, this chapter may
	not be modified or repealed by a rule adopted by the supreme court.
	SECTION 10.  Subchapter C, Chapter 552, Government Code, is
	amended by adding Section 552.1345 to read as follows:
	Sec. 552.1345.  EXCEPTION: CONFIDENTIALITY OF CERTAIN
	INFORMATION RELATING TO CIVILLY COMMITTED SEXUALLY VIOLENT
	PREDATORS. (a)  Except as provided by Subsection (b), information
	obtained or maintained by the Texas Civil Commitment Office is
	excepted from the requirements of Section 552.021 if it is
	information about a person who is civilly committed as a sexually
	violent predator under Chapter 841, Health and Safety Code.
	(b)  Subsection (a) does not apply to statistical or other
	aggregated information relating to persons civilly committed to one
	or more facilities operated by or under a contract with the office.
	SECTION 11.  Subchapter I, Chapter 2001, Government Code, is
	amended by adding Section 2001.227 to read as follows:
	Sec. 2001.227.  TEXAS CIVIL COMMITMENT OFFICE. This chapter
	does not apply to a rule or internal procedure of the Texas Civil
	Commitment Office that applies to a person who is civilly committed
	as a sexually violent predator under Chapter 841, Health and Safety
	Code, or to an action taken under that rule or procedure.
	SECTION 12.  Section 2155.144(a), Government Code, is
	amended to read as follows:
	(a)  This section applies only to the Health and Human
	Services Commission, each health and human services agency, [and]
	the Department of Family and Protective Services, and agencies
	administratively attached to the Health and Human Services
	Commission.  For the purposes of this section, the Department of
	Family and Protective Services or an agency administratively
	attached to the Health and Human Services Commission is considered
	a health and human services agency.
	SECTION 13.  Section 109.051(b), Occupations Code, is
	amended to read as follows:
	(b)  Notwithstanding Subtitle B, Title 3, of this code or
	Chapter 611, Health and Safety Code, a person described by
	Subsection (a), on request or in the normal course of business,
	shall release information concerning the treatment of a sex
	offender to:
	(1)  another person described by Subsection (a);
	(2)  a criminal justice agency; [or]
	(3)  a local law enforcement authority; or
	(4)  the Texas Civil Commitment Office.
	SECTION 14.  Section 109.052, Occupations Code, is amended
	to read as follows:
	Sec. 109.052.  RELEASE BY CRIMINAL JUSTICE AGENCY. A
	criminal justice agency, on request or in the normal course of
	official business, shall release information concerning the
	treatment of a sex offender to:
	(1)  another criminal justice agency;
	(2)  a local law enforcement authority; [or]
	(3)  a person described by Section 109.051(a); or
	(4)  the Texas Civil Commitment Office.
	SECTION 15.  Section 109.053, Occupations Code, is amended
	to read as follows:
	Sec. 109.053.  RELEASE BY LOCAL LAW ENFORCEMENT AUTHORITY.
	A local law enforcement authority, on request or in the normal
	course of official business, shall release information concerning
	the treatment of a sex offender to:
	(1)  another local law enforcement authority;
	(2)  a criminal justice agency; [or]
	(3)  a person described by Section 109.051(a); or
	(4)  the Texas Civil Commitment Office.
	SECTION 16.  Sections 841.002(1) and (8), Health and Safety
	Code, are amended to read as follows:
	(1)  "Attorney representing the state" means a district
	attorney, criminal district attorney, or county attorney with
	felony criminal jurisdiction who represents the state in a [civil
	commitment] proceeding under this chapter.
	(8)  "Sexually violent offense" means:
	(A)  an offense under Section 21.02, 21.11(a)(1),
	22.011, or 22.021, Penal Code;
	(B)  an offense under Section 20.04(a)(4), Penal
	Code, if the person committed the offense with the intent to violate
	or abuse the victim sexually;
	(C)  an offense under Section 30.02, Penal Code,
	if the offense is punishable under Subsection (d) of that section
	and the person entered the habitation [committed the offense] with
	the intent to commit an offense listed in Paragraph (A) or (B) or
	committed or attempted to commit an offense listed in Paragraph (A)
	or (B);
	(D)  an offense under Section 19.02 or 19.03,
	Penal Code, that, during the guilt or innocence phase or the
	punishment phase for the offense, during the adjudication or
	disposition of delinquent conduct constituting the offense, or
	subsequently during a civil commitment proceeding under Subchapter
	D, is determined beyond a reasonable doubt to have been based on
	sexually motivated conduct;
	(E)  an attempt, conspiracy, or solicitation, as
	defined by Chapter 15, Penal Code, to commit an offense listed in
	Paragraph (A), (B), (C), or (D);
	(F)  an offense under prior state law that
	contains elements substantially similar to the elements of an
	offense listed in Paragraph (A), (B), (C), (D), or (E); or
	(G)  an offense under the law of another state,
	federal law, or the Uniform Code of Military Justice that contains
	elements substantially similar to the elements of an offense listed
	in Paragraph (A), (B), (C), (D), or (E).
	SECTION 17.  Section 841.042, Health and Safety Code, is
	amended to read as follows:
	Sec. 841.042.  ASSISTANCE FROM SPECIAL PROSECUTION UNIT. On
	request of the attorney representing the state, the special
	prosecution unit shall provide legal, financial, and technical
	assistance to the attorney for a [civil commitment] proceeding
	conducted under this chapter.
	SECTION 18.  Section 841.0834, Health and Safety Code, is
	amended to read as follows:
	Sec. 841.0834.  MOVEMENT BETWEEN PROGRAMMING TIERS. (a)
	The office shall transfer between programming tiers a committed
	person required to reside in a total confinement facility [to less
	restrictive housing and supervision] if the transfer is in the best
	interests of the person and conditions can be imposed that
	adequately protect the community.
	(b)  Without the office's approval, a committed person may
	file a petition with the court for transfer to the next less
	restrictive tier [housing and supervision].  The court shall deny
	the transfer if the petition is filed before the 180th day after the
	date an order was entered under Subchapter D, F, or G or a previous
	order was entered under this section.  The court shall grant the
	transfer if the court determines by clear and convincing evidence
	that the transfer is in the best interests of the person and that
	the office can impose conditions [can be imposed] that adequately
	protect the community.
	(c)  A committed person who files a petition under Subsection
	(b) [this subsection] shall serve a copy of the petition on the
	office and the attorney representing the state.
	(d) [(c)]  The office shall transfer [return] a committed
	person who is not required to reside in a total confinement facility
	back [has been transferred to less restrictive housing and
	supervision] to a more restrictive setting in a total confinement
	facility if the office considers the transfer necessary to further
	treatment and to protect the community. The decision to transfer
	the person must be based on the person's behavior or progress in
	treatment.
	(e) [(d)]  Not later than the 90th day after the date a
	committed person is returned to a more restrictive setting in a
	total confinement facility under Subsection (d) [(c)], the
	committing court shall hold a hearing via videoconference to review
	the office's determination.  The court shall order the office to
	transfer the person to a less restrictive tier [housing and
	supervision] only if the court determines by clear and convincing
	evidence that the office's determination was not made in accordance
	with Subsection (d) [(c)].  The committed person may waive the right
	to a hearing under this subsection.
	SECTION 19.  Section 841.0838, Health and Safety Code, is
	amended to read as follows:
	Sec. 841.0838.  USE OF RESTRAINTS.  (a)  An employee of the
	office, or a person who contracts with the office or an employee of
	that person, may use mechanical [or chemical] restraints on a
	committed person residing in a civil commitment center or while
	transporting a committed person who resides at the center only if:
	(1)  the employee or person completes a training
	program approved by the office on the use of mechanical restraints
	that:
	(A)  includes instruction on the office's
	approved mechanical restraint techniques and devices and the
	office's verbal de-escalation policies, procedures, and practices;
	and
	(B)  requires the employee or person to
	demonstrate competency in the use of the mechanical restraint
	techniques and devices; and
	(2)  the mechanical restraint is:
	(A)  considered necessary to maintain the safety
	and security of the center or staff [used as a last resort];
	(B)  considered necessary to maintain the safety
	of the public [necessary to stop or prevent:
	[(i)  imminent physical injury to the
	committed person or another;
	[(ii)  threatening behavior by the committed
	person while the person is using or exhibiting a weapon;
	[(iii)  a disturbance by a group of
	committed persons; or
	[(iv)  an absconsion from the center]; and
	(C)  the least restrictive restraint necessary,
	used for the minimum duration necessary[, to prevent the injury,
	property damage, or absconsion].
	(b)  An employee of the office, or a person who contracts
	with the office or an employee of that person, may use chemical
	restraints on a committed person residing in a civil commitment
	center or while transporting a committed person who resides at the
	center only if:
	(1)  the employee or person completes a training
	program approved by the office on the use of chemical restraints
	that:
	(A)  includes instruction on the office's
	approved chemical restraint techniques and devices and the office's
	verbal de-escalation policies, procedures, and practices; and
	(B)  requires the employee or person to
	demonstrate competency in the use of chemical restraint techniques
	and devices; and
	(2)  the chemical restraint is:
	(A)  used as a last resort;
	(B)  necessary to prevent or stop:
	(i)  physical injury to the committed person
	or another;
	(ii)  threatening behavior by the committed
	person;
	(iii)  a disturbance by a group of committed
	persons; or
	(iv)  an absconsion from the center; and
	(C)  the least restrictive restraint necessary,
	used for the minimum duration necessary, to prevent injury,
	property damage, or absconsion.
	(c)  The office shall develop procedures governing the use of
	mechanical or chemical restraints on committed persons.
	SECTION 20.  Sections 841.123(a), (c), and (d), Health and
	Safety Code, are amended to read as follows:
	(a)  If the committed person files a petition for release
	without the office's authorization, the person shall serve the
	petition on the court, [and] the attorney representing the state,
	and the office.
	(c)  Except as provided by Subsection (d), the judge shall
	deny without a hearing a petition for release filed without the
	office's authorization if [the petition is frivolous or if]:
	(1)  the judge determines by a preponderance of the
	evidence that [petitioner previously filed without the office's
	authorization another petition for release; and
	[(2)  the judge determined on review of the previous
	petition or following a hearing that:
	[(A)  the petition was frivolous; or
	[(B)]  the petitioner's behavioral abnormality
	has [had] not changed to the extent that the petitioner is [was] no
	longer likely to engage in a predatory act of sexual violence; or
	(2)  the petitioner has filed the petition for release
	before the 180th day after the date an order was entered under
	Subchapter D or F or a previous order was entered under this
	section.
	(d)  The judge is not required to deny a petition under
	Subsection (c)(2) if the judge determines by a preponderance of the
	evidence [probable cause exists to believe] that the petitioner's
	behavioral abnormality has changed to the extent that the
	petitioner is no longer likely to engage in a predatory act of
	sexual violence.
	SECTION 21.  Chapter 841, Health and Safety Code, is amended
	by adding Subchapter I to read as follows:
	SUBCHAPTER I. ADMINISTRATION OF CERTAIN MEDICATION TO CERTAIN
	SEXUALLY VIOLENT PREDATORS
	Sec. 841.201.  DEFINITIONS. In this subchapter:
	(1)  "Capacity" means a committed person's ability to:
	(A)  understand the nature and consequences of a
	proposed treatment, including the benefits, risks, and
	alternatives to the proposed treatment; and
	(B)  make a decision whether to undergo the
	proposed treatment.
	(2)  "Medication-related emergency" means a situation
	in which it is immediately necessary to administer medication to a
	committed person to prevent:
	(A)  imminent probable death or substantial
	bodily harm to the committed person because the committed person:
	(i)  overtly or continually is threatening
	or attempting to commit suicide or serious bodily harm; or
	(ii)  is behaving in a manner that indicates
	that the committed person is unable to satisfy the committed
	person's need for nourishment, essential medical care, or
	self-protection; or
	(B)  imminent physical or emotional harm to
	another because of threats, attempted acts, or acts the committed
	person overtly or continually makes or commits.
	(3)  "Psychoactive medication" has the meaning
	assigned by Section 574.101.
	Sec. 841.202.  ADMINISTRATION OF MEDICATION TO COMMITTED
	PERSON. A person may not administer a psychoactive medication to a
	committed person who refuses to take the medication voluntarily
	unless:
	(1)  the committed person is having a
	medication-related emergency; or
	(2)  the committed person is under an order issued
	under Section 841.205 authorizing the administration of medication
	regardless of the committed person's refusal.
	Sec. 841.203.  PHYSICIAN'S APPLICATION FOR ORDER TO
	AUTHORIZE PSYCHOACTIVE MEDICATION; DATE OF HEARING. (a) A
	physician who is treating a committed person may, on behalf of the
	state, file an application in a probate court or a court with
	probate jurisdiction for an order to authorize the administration
	of a psychoactive medication regardless of the committed person's
	refusal if:
	(1)  the physician believes that the committed person
	lacks the capacity to make a decision regarding the administration
	of the psychoactive medication;
	(2)  the physician determines that the medication is
	the proper course of treatment for the committed person;
	(3)  the committed person is receiving mental health
	services under Section 841.0835 or other law; and
	(4)  the committed person, verbally or by other
	indication, refuses to take the medication voluntarily.
	(b)  An application filed under this section must state:
	(1)  that the physician believes that the committed
	person lacks the capacity to make a decision regarding
	administration of the psychoactive medication and the reasons for
	that belief;
	(2)  each medication the physician wants the court to
	compel the committed person to take;
	(3)  whether the committed person is receiving mental
	health services under Section 841.0835 or other law;
	(4)  the physician's diagnosis of the committed person;
	and
	(5)  the proposed method for administering the
	medication and, if the method is not customary, an explanation
	justifying the departure from the customary methods.
	(c)  An application filed under this section is separate from
	an application for court-ordered mental health services.
	(d)  A hearing on the application must be held not later than
	the 30th day after the date the application was filed. If the
	committed person is transferred to a mental health facility in
	another county, the court may transfer the application to the
	county where the committed person has been transferred.
	(e)  Subject to the requirement in Subsection (d) that the
	hearing be held not later than the 30th day after the date the
	application was filed, the court may grant one continuance on a
	party's motion and for good cause shown. The court may grant more
	than one continuance only with the agreement of the parties.
	Sec. 841.204.  RIGHTS OF COMMITTED PERSON. A committed
	person for whom an application under Section 841.203 is filed is
	entitled to:
	(1)  representation by a court-appointed attorney who
	is knowledgeable about issues to be adjudicated at the hearing;
	(2)  meet with that attorney as soon as is practicable
	to prepare for the hearing and to discuss any of the committed
	person's questions or concerns;
	(3)  receive, immediately after the time of the hearing
	is set, a copy of the application and written notice of the time,
	place, and date of the hearing;
	(4)  be told, at the time personal notice of the hearing
	is given, of the committed person's right to a hearing and right to
	the assistance of an attorney to prepare for the hearing and to
	answer any questions or concerns;
	(5)  be present at the hearing;
	(6)  request from the court an independent expert; and
	(7)  be notified orally, at the conclusion of the
	hearing, of the court's determinations of the committed person's
	capacity and best interests.
	Sec. 841.205.  HEARING AND ORDER AUTHORIZING PSYCHOACTIVE
	MEDICATION. (a) The court may issue an order authorizing the
	administration of one or more classes of psychoactive medication to
	a committed person who is receiving mental health services under
	Section 841.0835 or other law.
	(b)  The court may issue an order under this section only if
	the court finds by clear and convincing evidence after a hearing
	that the committed person:
	(1)  lacks the capacity to make a decision regarding
	the administration of the proposed medication and treatment with
	the proposed medication is in the best interest of the committed
	person; or
	(2)  as determined under Section 841.206, presents a
	danger to the committed person or others in the civil commitment
	center in which the committed person is being treated.
	(c)  In making the finding that treatment with the proposed
	medication is in the best interest of the committed person, the
	court shall consider:
	(1)  the committed person's expressed preferences
	regarding treatment with psychoactive medication;
	(2)  the committed person's religious beliefs;
	(3)  the risks and benefits, from the perspective of
	the committed person, of taking psychoactive medication;
	(4)  the consequences to the committed person if the
	psychoactive medication is not administered;
	(5)  the prognosis for the committed person if the
	committed person is treated with psychoactive medication;
	(6)  alternative, less intrusive treatments that are
	likely to produce the same results as treatment with psychoactive
	medication; and
	(7)  less intrusive treatments likely to secure the
	committed person's agreement to take the psychoactive medication.
	(d)  A hearing under this subchapter shall be conducted on
	the record by the probate judge or judge with probate jurisdiction,
	except as provided by Subsection (e).
	(e)  A judge may refer a hearing to a magistrate or
	court-appointed associate judge who has training regarding
	psychoactive medications. The magistrate or associate judge may
	provide the notice, set hearing dates, and appoint attorneys as
	required by this subchapter. A record is not required if the
	hearing is held by a magistrate or court-appointed associate judge.
	(f)  A party is entitled to a hearing de novo by the judge if
	an appeal of the magistrate's or associate judge's report is filed
	with the court not later than the third day after the date the
	report is issued. The hearing de novo must be held not later than
	the 30th day after the date the application under Section 841.203
	was filed.
	(g)  If a hearing or an appeal of a magistrate's or associate
	judge's report is to be held in a county court in which the judge is
	not a licensed attorney, the committed person or the committed
	person's attorney may request that the proceeding be transferred to
	a court with a judge who is licensed to practice law in this state.
	The county judge shall transfer the case after receiving the
	request, and the receiving court shall hear the case as if it had
	been originally filed in that court.
	(h)  As soon as practicable after the conclusion of the
	hearing, the committed person is entitled to have provided to the
	committed person and the committed person's attorney written
	notification of the court's determinations under this section. The
	notification must include a statement of the evidence on which the
	court relied and the reasons for the court's determinations.
	(i)  An order issued under this section shall authorize the
	administration to a committed person, regardless of the committed
	person's refusal, of one or more classes of psychoactive
	medications specified in the application and consistent with the
	committed person's diagnosis. The order shall permit an increase
	or decrease in a medication's dosage, continuation of medication
	authorized but discontinued during the period the order is valid,
	or the substitution of a medication within the same class.
	(j)  The classes of psychoactive medications in the order
	must conform to classes determined by the Health and Human Services
	Commission.
	(k)  An order issued under this section may be reauthorized
	or modified on the petition of a party. The order remains in effect
	pending action on a petition for reauthorization or modification.
	For the purpose of this subsection, "modification" means a change
	of a class of medication authorized in the order.
	Sec. 841.206.  FINDING THAT COMMITTED PERSON PRESENTS A
	DANGER. In making a finding under Section 841.205(b)(2) that the
	committed person presents a danger to the committed person or
	others in the civil commitment center in which the committed person
	is being treated, the court shall consider:
	(1)  an assessment of the committed person's present
	mental condition;
	(2)  whether the committed person has inflicted,
	attempted to inflict, or made a serious threat of inflicting
	substantial physical or emotional harm to the committed person's
	self or to another while in the center; and
	(3)  whether the committed person, in the 180-day
	period preceding the date the committed person was placed in the
	center, has inflicted, attempted to inflict, or made a serious
	threat of inflicting substantial physical or emotional harm to
	another.
	Sec. 841.207.  COSTS. (a) The court shall order the payment
	of reasonable compensation to attorneys, physicians, language
	interpreters, sign interpreters, and associate judges appointed
	under this subchapter. The compensation paid shall be assessed as
	court costs.
	(b)  The agency responsible for services under Section
	841.0835(a) shall pay as provided by Subsection (a) the costs of a
	hearing held under Section 841.205 regarding an order for the
	administration of psychoactive medication to a committed person.
	Sec. 841.208.  APPEAL. (a) An appeal from an order issued
	under Section 841.205, or from a renewal or modification of an
	order, must be filed in the court of appeals for the county in which
	the order is issued.
	(b)  Notice of appeal must be filed not later than the 10th
	day after the date on which the order is issued.
	(c)  When an appeal is filed, the clerk shall immediately
	send a certified transcript of the proceedings to the court of
	appeals.
	(d)  An order issued under Section 841.205 is effective
	pending an appeal of the order.
	(e)  The court of appeals and supreme court shall give an
	appeal under this section preference over all other cases and shall
	advance the appeal on the docket. The courts may suspend all rules
	relating to the time for filing briefs and docketing cases.
	Sec. 841.209.  EXPIRATION OF ORDER. An order issued under
	Section 841.205 expires on the first anniversary of the date the
	order was issued.
	SECTION 22.  The changes in law made by this Act in amending
	Sections 20.02, 21.07, 21.08, 22.01, and 38.11, Penal Code, apply
	only to an offense committed on or after the effective date of this
	Act.  An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose.  For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 23.  Chapter 14A, Civil Practice and Remedies Code,
	as added by this Act, applies only to an action filed on or after the
	effective date of this Act.
	SECTION 24.  Subchapter I, Chapter 841, Health and Safety
	Code, as added by this Act, applies to a hearing ordering the
	administration of psychoactive medication to a committed person
	under that chapter that occurs on or after the effective date of
	this Act, regardless of whether the applicable conduct of the
	committed person being evaluated for that purpose occurred before,
	on, or after the effective date of this Act.
	SECTION 25.  This Act takes effect September 1, 2023.