89R19 MPF-D     By: Guillen H.B. No. 171       A BILL TO BE ENTITLED   AN ACT   relating to the certificate of medical examination for chemical   dependency and the duration of court-ordered treatment for a person   with a chemical dependency.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Anell Borrego Act.          SECTION 2.  Section 462.001, Health and Safety Code, is   amended by adding Subdivision (4) to read as follows:                (4)  "Commission" means the Health and Human Services   Commission.          SECTION 3.  Section 462.064(c), Health and Safety Code, is   amended to read as follows:          (c)  A certificate must be dated and signed by the examining   physician.  The certificate must include:                (1)  the name and address of the examining physician;                (2)  the name and address of the proposed patient;                (3)  the date and place of the examination;                (4)  the period, if any, during which the proposed   patient has been under the care of the examining physician;                (5)  an accurate description of the treatment, if any,   given by or administered under the direction of the examining   physician; and                (6)  the examining physician's opinion stating   [opinions whether] the proposed patient is a person with a chemical   dependency and, as a result of that chemical dependency:                      (A)  is likely to cause serious harm to the   person;                      (B)  is likely to cause serious harm to others; or                      (C)  will continue to suffer abnormal mental,   emotional, or physical distress and to deteriorate in ability to   function independently if not treated and is unable to make a   rational and informed choice as to whether or not to submit to   treatment.          SECTION 4.  Section 462.069(a), Health and Safety Code, is   amended to read as follows:          (a)  Except as provided by Section 462.080(b), the [The]   court shall commit the proposed patient to a treatment facility   approved by the commission [department] to accept court commitments   for at least 60 days but not more than 90 days if:                (1)  the proposed patient admits the allegations of the   application; or                (2)  at the hearing on the merits, the court or jury   finds that the material allegations in the application have been   proved by clear and convincing evidence.          SECTION 5.  Section 462.075(f), Health and Safety Code, is   amended to read as follows:          (f)  Except as provided by Section 462.080(b), the [The]   court shall commit the proposed patient to a treatment facility   approved by the commission [department] to accept commitments for   at least 60 days but not more than 90 days if:                (1)  the proposed patient admits the allegations of the   application; or                (2)  at the hearing on the merits, the court or jury   finds that the material allegations in the application have been   proved by clear and convincing evidence.          SECTION 6.  Section 462.080(b), Health and Safety Code, is   amended to read as follows:          (b)  The administrator may discharge a patient before the   court order expires if the administrator or physician treating the   patient determines that the patient no longer meets the criteria   for court-ordered treatment.          SECTION 7.  Sections 462.081(a) and (d), Health and Safety   Code, are amended to read as follows:          (a)  Except as provided by Section 462.080(b), the [The]   judge of a court with jurisdiction of misdemeanor cases may remand   the defendant to a treatment facility approved by the commission    [department] to accept court commitments for care and treatment for   at least 60 days but not more than 90 days, instead of incarceration   or fine, if:                (1)  the court or a jury has found the defendant guilty   of an offense classified as a Class A or B misdemeanor;                (2)  the court finds that the offense resulted from or   was related to the defendant's chemical dependency;                (3)  a treatment facility approved by the commission    [department] is available to treat the defendant; and                (4)  the treatment facility agrees in writing to admit   the defendant under this section.          (d)  Except as provided by Section 462.080(b), a [A] juvenile   court may remand a child to a treatment facility for care and   treatment for at least 60 days but not more than 90 days after the   date on which the child is remanded if:                (1)  the court finds that the child has engaged in   delinquent conduct or conduct indicating a need for supervision and   that the conduct resulted from or was related to the child's   chemical dependency;                (2)  a treatment facility approved by the commission    [department] to accept court commitments is available to treat the   child; and                (3)  the facility agrees in writing to receive the   child under this section.          SECTION 8.  The changes in law made by this Act apply only to   an application for court-ordered treatment for chemical dependency   that is filed on or after the effective date of this Act. An   application that is filed before the effective date of this Act is   governed by the law as it existed immediately before that date, and   that law is continued in effect for that purpose.          SECTION 9.  This Act takes effect September 1, 2025.