Honorable Jess M. Irwin, Jr. Opinion NO. C-560 

Executive Director of Texas 

Department of Mental Health Re: Whether the head of a 

and Mental Retardation state mental hospital may 

Austin, Texas continue to transfer, furlough and discharge after 

January 1, 1966, a patient 

committed to the hospital 

under the provisions of 

Article 932b of the Code 

Dear Mx+. Irwin: of Criminal Prooedure. 

In a recent opinion request of this office you request 

our opinion and advice as to the following questions: 

(1) May the head of a state mental hospital continue to transfer, furlough and discharge, after January 1, 1966, patlente committed to said hospital under the provisions 

of Article 932b, Vernon!8 Code of Criminal 

Procedure. 

'(2) In the event that the head of a state 

mental hospital may not, after January 1, 1966, 

lawfully transfer, furlough, and/or discharge 

a person,committed to his hospital under Artlcle 932b, then must the head of said hospital 

release such person according to the provisions 

of Article 46.02, Vernon's Code of Criminal Procedure, 

1, 1966. 

1966, which becomes effective January 

(3) If neither Article 932b, nor Article 

46.02, prescribe the manner by which the head 

of a state mental hospital is to release a 

person committed to said hospital in accordance with the p~vlslons of Article 932b, 

prior to January 1, 1966, then may the head 

of said state mental hospital, after January 

1, 1966, transfer, furlough and/or discharge 

such person under the procedures outlined by 

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Honorable Jess M. Irwin, Jr., page 2 ~(~'560) 

the pertinent provisions of the Texas Mental 

Health Code, codified as Articles 5547-l 

through 5547-104, Vernon's Civil Statutes. 

On January 1, 1966, the Code of .Crlminal'Procedure of 

Texa6, 1966, Acts 1965, 59th Legislature, Chapter 722, becomes effective. Article 54.02 ~of said Code,repeals old Artlcle 932b, which,is effective until that date. Section 2 of 

Article 932b provides as follows: 

"A person committed to a State mental hospital under this Act upon a jury finding of 

Insanity at the time of trial who hasbeen acquitted of the alleged offense is not by reason 

of that offense a person charged with a crlmlnal offense, and therefore the head of ,the 

mental hospital to which he is committed may 

transfer, furlough and discharge him.and shall 

treat him as any other patient aommltted for 

an. Indefinite period." 

As has been previously stated, said Article 932b, as 

of January 1, 1966, will be replaced by Article 46.02. Section 3 of said Article 46.02 provides as follows: 

"A person committed to a State mental hospital under this Article upon a jury finding 

of Insanity at the time of trial who has been 

acquitted' of the alleged offense Is not by 

reason of that offense a person charged with 

a criminal offense. In the event the head of 

the mental hospital to which he Is committed 

Is of the opinion that the person Is sane, he 

shall so notify the court which committed the 

person to the State mental hospital. Upon receiving such notice, the judge of the committing court shall lmpanel a jury to determine 

whether the person is sane or Insane. If the 

jury finds the person Is sane, he shall be released. If the jury finds the person is insane, 

then Court shall order his return to the State 

mental hospital until he~is so adjudged to be 

sane at a subsequent jury trial in such committing county. 

We answer your first question in the negative. Since 

Article 932b, supra, presently Is the authority for a director 

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Honorable Jess M. Irwin, Jr., page 3 (C-560) 

of a state mental hospital to transfer, furlough, and/or dlscharge a patletit, its repeal as of January 1, 1966, will extinguish such authority. Aa of that date, the director will 

have no authority to transfer, furlough, and/or discharge a 

patient. 

We answer your secofid quo&ion in the affirmative. As 

of January 1, 1966, the head of a atate mental hospital must 

follow the procedure outlined in Article 46.02, with regard 

to the discharge of all persons admitted to said hospital 

~;r;g gder the procedure outlined in Article 932b, or ArtlIt is apparent, of course, that there will be some 

person; admitted to said hospitals under 932b, supra, and who 

remain in said hospital until after January 1, 1966, and that 

Article 46.02, supra, was not even in existence at the time 

of their adm%ssion. It is our opinion, however, that such 

persona1 rights would not be violated in any iray by their 

having to comply with Article 46.02 in order to obtain their 

rlease from said hospital. The change brought about by Artlcle 46.02 is procedural only, and said person8 who were admitted to the hospital under 932b, supra, would not be deprived 

of any eubstantlal rights by their having to follow the pro-. 

cedure outllned in 46.02. Sinclair v. State, 261 S.W.2d 167 

(Tex. Crlm.? 1952), cert .den. 1~3,~ No one has a vested right 

in particular remedies or modes of procedure. Mrous v. State, 

21 S.W. 764 (Tex.Crlm:.1893); Jamea v. State, 163 S W bl \T 

Crlm. 1914). Also, Lhangea in remedies may be made*&allabl~ 

. 

to trials for offense8 committed before the law making the 

change takes effeot,and to all proceedings pendlng at the 

time of their enactment. Barnett.v. State, 63 S.W. 765 (Tex. 

Crlm. 1900);. Odenthall v. State, 2yo S.W. 743 (Tex.Crim. 1926). 

Also, attention is invited to Artlcle’1.02 of the new 

Code of Criminal Procedure, which 1s as follows: 

“This code shall’.take effect and be In 

fotie on and after January 1, 1966. The 

procedure herein prsscrlb8d shall govern 

all criminal proceedings lnatituted after 

the effective date of this Act-and all proceedings pending upon the effective date 

hereof Insofar as are applicable.” 

In addition to the authorltlea cited above, it is our 

opinion that Article 1.02-would require that the procedure outlined In 46.02 be followed with regard to persons admitted to’, 

state mental hospitals under.Article 932b, prior to January 1, 

1966. 

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Honorable Jess M. Irwin, Jr., page 4 (c-560) 

ber 

must 

In view of the fact that we have answered question numtwo (2) In the affirmative, stating that Article 46.02 

be followed with regard to persons admitted to state mental hospital under 932b, the third question posed by your oplnion request becomes immaterial. Article 46.02, rather than the 

Texas Mental Health Code, should be followed with regard to 

disposition of persons admitted to state mental hospitals under 

Article 932b, supra. 

SUMMARY 

After January 1, 1966, the head of a state 

mental hospital may not continue to transfer, 

furlough, and/or discharge patients committed 

to the hospital under the provisions of'Article 932b. Article ,46.02, supra, should be 

followed with regard to the disposition of 

such patients. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

orney General 

SLK/lh/br 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Charles B. Swanner 

Tom Routt 

W. 0. Shultz 

Scott Garrison 

APPROVED FOR THE ATTORNEY GENERAL 

B9: T. B. Wright 

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