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.