HBA-DMH C.S.S.B. 581 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 581
By: Duncan
Public Health
5/16/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, eight state mental hospitals serve the entire state. Preparing
and conducting court ordered mental health hearings regarding hospital
patients requires effort and funds from the county in which the hospital is
located. Usually, that county is reimbursed by the county of residence of
the patient for statutory and document preparation fees.  C.S.S.B. 581
codifies this practice by including these costs in the fee assessed by a
judge who holds a court ordered mental health proceeding. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.S.B. 581 amends the Health and Safety Code to provide that the fee
assessed by a judge who holds a court ordered mental health proceeding
includes, as a court cost against the county responsible for the payment of
the costs of the hearing under the Texas Mental Health Code, the costs
incurred for the preparation of documents related to the proceeding. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 581 differs from the original bill by specifying that costs
incurred for the preparation of documents are included in the fee amount
that may be assessed by a judge against a county for a court ordered mental
health proceeding, rather than authorizing a separate fee.