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AN ACT
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relating to the use of certain technology to conduct certain mental |
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health proceedings. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 573.012, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (h) and |
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(i) to read as follows: |
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�������(a)��Except as provided by Subsection (h), an [An] applicant |
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for emergency detention must present the application personally to |
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a judge or magistrate. The judge or magistrate shall examine the |
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application and may interview the applicant. Except as provided by |
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Subsection (g), the judge of a court with probate jurisdiction by |
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administrative order may provide that the application must be: |
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�������������(1)��presented personally to the court; or |
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�������������(2)��retained by court staff and presented to another |
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judge or magistrate as soon as is practicable if the judge of the |
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court is not available at the time the application is presented. |
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�������(h)��A judge or magistrate may permit an applicant who is a |
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physician to present an application by secure electronic means, |
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including satellite transmission, closed-circuit television |
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transmission, or any other method of two-way electronic |
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communication that: |
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�������������(1)��is secure; |
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�������������(2)��is available to the judge or magistrate; and |
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�������������(3)��provides for a simultaneous, compressed |
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full-motion video and interactive communication of image and sound |
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between the judge or magistrate and the applicant. |
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�������(i)��The judge or magistrate shall provide for a recording of |
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the presentation of an application under Subsection (h) to be made |
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and preserved until the patient or proposed patient has been |
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released or discharged. The patient or proposed patient may obtain |
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a copy of the recording on payment of a reasonable amount to cover |
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the costs of reproduction or, if the patient or proposed patient is |
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indigent, the court shall provide a copy on the request of the |
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patient or proposed patient without charging a cost for the copy. |
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�������SECTION�2.��The heading to Subchapter I, Chapter 574, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER�I.��USE OF VIDEO TECHNOLOGY [TESTIMONY BY
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CLOSED-CIRCUIT VIDEO TELECONFERENCING] AT PROCEEDINGS |
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�������SECTION�3.��Subchapter I, Chapter 574, Health and Safety |
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Code, is amended by adding Section 574.203 to read as follows: |
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�������Sec.�574.203.��USE OF SECURE ELECTRONIC COMMUNICATION METHOD |
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IN CERTAIN PROCEEDINGS UNDER THIS CHAPTER. �(a)��A hearing may be |
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conducted in accordance with this chapter but conducted by secure |
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electronic means, including satellite transmission, closed-circuit |
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television transmission, or any other method of two-way electronic |
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communication that is secure, available to the parties, approved by |
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the court, and capable of visually and audibly recording the |
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proceedings, if: |
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�������������(1)��written consent to the use of a secure electronic |
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communication method for the hearing is filed with the court by: |
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�������������������(A)��the proposed patient or the attorney |
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representing the proposed patient; and |
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�������������������(B)��the county or district attorney, as |
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appropriate; |
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�������������(2)��the secure electronic communication method |
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provides for a simultaneous, compressed full-motion video, and |
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interactive communication of image and sound among the judge, |
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associate judge, or master, the county or district attorney, the |
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attorney representing the proposed patient, and the proposed |
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patient; and |
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�������������(3)��on request of the proposed patient or the attorney |
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representing the proposed patient, the proposed patient and the |
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attorney can communicate privately without being recorded or heard |
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by the judge, associate judge, or master or the county or district |
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attorney. |
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�������(b)��On the motion of the patient or proposed patient, the |
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attorney representing the patient or proposed patient, or the |
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county or district attorney or on the court's own motion, the court |
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may terminate an appearance made through a secure electronic |
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communication method at any time during the appearance and require |
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an appearance by the patient or proposed patient in open court. |
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�������(c)��The court shall provide for a recording of the |
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communication to be made and preserved until any appellate |
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proceedings have been concluded. The patient or proposed patient |
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may obtain a copy of the recording on payment of a reasonable amount |
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to cover the costs of reproduction or, if the patient or proposed |
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patient is indigent, the court shall provide a copy on the request |
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of the patient or proposed patient without charging a cost for the |
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copy. |
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�������SECTION�4.��This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I hereby certify that S.B.�No.�778 passed the Senate on |
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April�12,�2007, by the following vote: Yeas�31, Nays�0; and that |
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the Senate concurred in House amendment on May�24,�2007, by the |
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following vote: Yeas�30, Nays�0. |
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______________________________ |
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Secretary of the Senate���� |
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�������I hereby certify that S.B.�No.�778 passed the House, with |
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amendment, on May�23,�2007, by the following vote: Yeas�144, |
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Nays�0, two present not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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Approved: |
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______________________________� |
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������������Date |
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______________________________� |
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����������Governor |