reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 612 - Interstate Compact on Mental Health › Section 612.002. Compact Administrator

Sec. 612.002.  COMPACT ADMINISTRATOR.  (a)  Under the compact, the governor shall appoint the executive commissioner of the Health and Human Services Commission as the compact administrator.
(b)  The compact administrator may appoint a designee to perform the administrator's duties.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1487, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 612 - Interstate Compact on Mental Health › Section 612.004. General Powers and Duties of Administrator

Sec. 612.004.  GENERAL POWERS AND DUTIES OF ADMINISTRATOR.  (a)  The compact administrator, acting jointly with like officers of other states that are parties to the compact, may adopt rules to carry out the compact more effectively.
(b)  The compact administrator shall cooperate with all departments, agencies, and officers of this state and its subdivisions in facilitating the proper administration of the compact or of a supplementary agreement entered into by this state under the compact.
(c)  For informational purposes, the compact administrator shall file with the secretary of state notice of compact meetings for publication in the Texas Register.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 612 - Interstate Compact on Mental Health › Section 612.005. Supplementary Agreements

Sec. 612.005.  SUPPLEMENTARY AGREEMENTS.  (a)  The compact administrator may enter into supplementary agreements with appropriate officials of other states under Articles VII and XI of the compact.
(b)  If a supplementary agreement requires or contemplates the use of an institution or facility of this state or requires or contemplates the provision of a service by this state, the supplementary agreement does not take effect until approved by the executive commissioner and the head of the department or agency:
(1)  under whose jurisdiction the institution or facility is operated; or
(2)  that will perform the service.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1488, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 612 - Interstate Compact on Mental Health › Section 612.006. Financial Agreements

Sec. 612.006.  FINANCIAL AGREEMENTS.  The compact administrator may make or arrange for the payments necessary to discharge the financial obligations imposed on this state by the compact or by a supplementary agreement entered into under the compact, subject to the approval of the comptroller.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 612 - Interstate Compact on Mental Health › Section 612.007. Requirements Affecting Transfers of Certain Patients

Sec. 612.007.  REQUIREMENTS AFFECTING TRANSFERS OF CERTAIN PATIENTS.  (a)  The compact administrator shall consult with the immediate family of any person proposed to be transferred.
(b)  If a person is proposed to be transferred from an institution in this state to an institution in another state that is a party to the compact, the compact administrator may not take final action without the approval of the district court of the district in which the person resides.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 613 - Kidney Donation by Ward With Intellectual Disability › Section 613.001. Definition

Sec. 613.001.  DEFINITION.  In this chapter, "ward with an intellectual disability" means a ward who is a person with an intellectual disability, as defined by Subtitle D.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 6.08, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 613 - Kidney Donation by Ward With Intellectual Disability › Section 613.002. Court Order Authorizing Kidney Donation

Sec. 613.002.  COURT ORDER AUTHORIZING KIDNEY DONATION.  A district court may authorize the donation of a kidney of a ward with an intellectual disability to a father, mother, son, daughter, brother, or sister of the ward if:
(1)  the guardian of the ward with an intellectual disability consents to the donation;
(2)  the ward is 12 years of age or older;
(3)  the ward assents to the kidney transplant;
(4)  the ward has two kidneys;
(5)  without the transplant the donee will soon die or suffer severe and progressive deterioration, and with the transplant the donee will probably benefit substantially;
(6)  there are no medically preferable alternatives to a kidney transplant for the donee;
(7)  the risks of the operation and the long-term risks to the ward are minimal;
(8)  the ward will not likely suffer psychological harm; and
(9)  the transplant will promote the ward's best interests.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 6.09, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 613 - Kidney Donation by Ward With Intellectual Disability › Section 613.003. Petition for Court Order

Sec. 613.003.  PETITION FOR COURT ORDER.  The guardian of the person of a ward with an intellectual disability may petition a district court having jurisdiction of the guardian for an order authorizing the ward to donate a kidney under Section 613.002.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 6.10, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 613 - Kidney Donation by Ward With Intellectual Disability › Section 613.004. Court Hearing

Sec. 613.004.  COURT HEARING.  (a)  The court shall hold a hearing on the petition filed under Section 613.003.
(b)  A party to the proceeding is entitled on request to a preferential setting for the hearing.
(c)  The court shall appoint an attorney ad litem and a guardian ad litem to represent the interest of the ward with an intellectual disability.  Neither person appointed may be related to the ward within the second degree by consanguinity.
(d)  The hearing must be adversary in order to secure a complete record, and the attorney ad litem shall advocate the ward's interest, if any, in not being a donor.
(e)  The petitioner has the burden of establishing good cause for the kidney donation by establishing the prerequisites prescribed by Section 613.002.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 6.11, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 613 - Kidney Donation by Ward With Intellectual Disability › Section 613.005. Interview and Evaluation Order by Court

Sec. 613.005.  INTERVIEW AND EVALUATION ORDER BY COURT.  (a)  Before the eighth day after the date of the hearing, the court shall interview the ward with an intellectual disability to determine if the ward assents to the donation.  The interview shall be conducted in chambers and out of the presence of the guardian.
(b)  If the court considers it necessary, the court may order the performance of a determination of intellectual disability, as provided by Section 593.005, to help the court evaluate the ward's capacity to agree to the donation.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 17, eff. Sept. 1, 1993.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 6.12, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.003. Texas Correctional Office on Offenders With Medical or Mental Impairments; Director

Sec. 614.003.  TEXAS CORRECTIONAL OFFICE ON OFFENDERS WITH MEDICAL OR MENTAL IMPAIRMENTS;  DIRECTOR.  The Texas Correctional Office on Offenders with Medical or Mental Impairments shall perform duties imposed on or assigned to the office by this chapter, other law, the board, and the executive director of the Texas Department of Criminal Justice.  The executive director of the Texas Department of Criminal Justice shall hire a director of the office.  The director serves at the pleasure of the executive director.  The director shall hire the employees for the office.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 3.02, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 856, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.0031. Training Program

Sec. 614.0031.  TRAINING PROGRAM.  (a)  A person who is appointed to and qualifies for office as a member of the committee may not vote, deliberate, or be counted as a member in attendance at a meeting of the committee until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the legislation that created the committee and the office;
(2)  the programs operated by the committee and the office;
(3)  the role and functions of the committee and the office;
(4)  the rules of the committee and the office;
(5)  the current budget for the committee and the office;
(6)  the results of the most recent formal audit of the committee and the office;
(7)  the requirements of:
(A)  the open meetings law, Chapter 551, Government Code;
(B)  the public information law, Chapter 552, Government Code;
(C)  the administrative procedure law, Chapter 2001, Government Code;  and
(D)  other laws relating to public officials, including conflict of interest laws;  and
(8)  any applicable ethics policies adopted by the committee or the Texas Ethics Commission.
(c)  A person appointed to the committee is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 3.02, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 856, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.0032. Special Duties Related to Medically Recommended Supervision; Determinations Regarding Mental Illness or Intellectual Disability

Sec. 614.0032.  SPECIAL DUTIES RELATED TO MEDICALLY RECOMMENDED SUPERVISION; DETERMINATIONS REGARDING MENTAL ILLNESS OR INTELLECTUAL DISABILITY.  (a)  The office shall:
(1)  perform duties imposed on the office by Section 508.146, Government Code; and
(2)  periodically identify state jail felony defendants suitable for release under Article 42A.561, Code of Criminal Procedure, and perform other duties imposed on the office by that article.
(b)  The office shall approve and make generally available in electronic format a standard form for use by experts in reporting competency examination results under Chapter 46B, Code of Criminal Procedure.
(c)  The office shall approve and make generally available in electronic format a standard form for use by a person providing a written report under Article 16.22(a)(1)(B), Code of Criminal Procedure.
Added by Acts 2003, 78th Leg., ch. 856, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 35, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1269 (H.B. 2194), Sec. 3, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 617 (H.B. 431), Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 8.003, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 44, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 12.019, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.70, eff. January 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 34, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 35(3), eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 24, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 25, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.004. Terms

Sec. 614.004.  TERMS.  The at-large members of the committee serve for staggered six-year terms with the terms of approximately one-third of the at-large members expiring on February 1 of each odd-numbered year.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 856, Sec. 7, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1170, Sec. 27.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.005. Officers; Meetings

Sec. 614.005.  OFFICERS;  MEETINGS.  (a)  The governor shall designate a member of the committee as the presiding officer of the committee to serve in that capacity at the pleasure of the governor.
(b)  The committee shall meet at least four times each year and may meet at other times at the call of the presiding officer or as provided by committee rule.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.53(a), eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 1188, Sec. 3.03, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 856, Sec. 8, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.006. Applicability of Certain Government Code Provisions

Sec. 614.006.  APPLICABILITY OF CERTAIN GOVERNMENT CODE PROVISIONS.  (a)   The provisions of Chapter 2110, Government Code, other than Section 2110.002(a), apply to the committee.
(b)  A member of the committee is not entitled to compensation for performing duties on the committee but is entitled to receive reimbursement for travel and other necessary expenses incurred in performing official duties at the rate provided for state employees in the General Appropriations Act.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 856, Sec. 9, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.007. Powers and Duties

Sec. 614.007.  POWERS AND DUTIES.  The office shall:
(1)  determine the status of offenders with medical or mental impairments in the state criminal justice system;
(2)  identify needed services for offenders with medical or mental impairments;
(3)  develop a plan for meeting the treatment, rehabilitative, and educational needs of offenders with medical or mental impairments that includes a case management system and the development of community-based alternatives to incarceration;
(4)  cooperate in coordinating procedures of represented agencies for the orderly provision of services for offenders with medical or mental impairments;
(5)  evaluate programs in this state and outside this state for offenders with medical or mental impairments and recommend to the directors of state programs methods of improving the programs;
(6)  collect and disseminate information about available programs to judicial officers, law enforcement officers, probation and parole officers, providers of social services or treatment, and the public;
(7)  provide technical assistance to represented agencies and organizations in the development of appropriate training programs;
(8)  apply for and receive money made available by the federal or state government or by any other public or private source to be used by the office to perform its duties;
(9)  distribute to political subdivisions, private organizations, or other persons money appropriated by the legislature to be used for the development, operation, or evaluation of programs for offenders with medical or mental impairments;
(10)  develop and implement pilot projects to demonstrate a cooperative program to identify, evaluate, and manage outside of incarceration offenders with medical or mental impairments;  and
(11)  assess the need for demonstration projects and provide management for approved projects.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.53(a), eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 312, Sec. 6, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1188, Sec. 3.04, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 856, Sec. 10, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.008. Community-Based Diversion Program for Offenders With Medical or Mental Impairments

Sec. 614.008.  COMMUNITY-BASED DIVERSION PROGRAM FOR OFFENDERS WITH MEDICAL OR MENTAL IMPAIRMENTS.  (a)  The office may maintain at least one program in a county selected by the office to employ a cooperative community-based alternative system to divert from the state criminal justice system offenders with mental impairments or offenders who are identified as being elderly or persons with physical disabilities, terminal illnesses, or significant illnesses and to rehabilitate those offenders.
(b)  The office may contract for or employ and train a case management team to carry out the purposes of the program and to coordinate the joint efforts of agencies represented on the committee.
(c)  The agencies represented on the committee shall perform duties and offer services as required by the office to further the purposes of the program and the office.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.53(a), eff. Aug. 30, 1993;  Acts 2003, 78th Leg., ch. 856, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1491, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.009. Biennial Report

Sec. 614.009.  BIENNIAL REPORT.  Not later than February 1 of each odd-numbered year, the office shall present to the board and file with the governor, lieutenant governor, and speaker of the house of representatives a report giving the details of the office's activities during the preceding biennium.  The report must include:
(1)  an evaluation of any demonstration project undertaken by the office;
(2)  an evaluation of the progress made by the office toward developing a plan for meeting the treatment, rehabilitative, and educational needs of offenders with special needs;
(3)  recommendations of the office made in accordance with Section 614.007(5);
(4)  an evaluation of the development and implementation of the continuity of care and service programs established under Sections 614.013, 614.014, 614.015, 614.016, and 614.018, changes in rules, policies, or procedures relating to the programs, future plans for the programs, and any recommendations for legislation; and
(5)  any other recommendations that the office considers appropriate.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 488, Sec. 2, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 856, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1187 (H.B. 3689), Sec. 4.009, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.0101. Public Access

Sec. 614.0101.  PUBLIC ACCESS.  The committee shall develop and implement policies that provide the public with a reasonable opportunity to appear before the committee and to speak on any issue under the jurisdiction of the committee or office.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 3.05, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 856, Sec. 13, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.0102. Complaints

Sec. 614.0102.  COMPLAINTS.  (a)  The office shall maintain a file on each written complaint filed with the office. The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the office;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  an explanation of the reason the file was closed, if the office closed the file without taking action other than to investigate the complaint.
(b)  The office shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the office's policies and procedures relating to complaint investigation and resolution.
(c)  The office, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 3.05, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 856, Sec. 14, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.014. Continuity of Care for Elderly Offenders

Sec. 614.014.  CONTINUITY OF CARE FOR ELDERLY OFFENDERS.  (a)  The Texas Department of Criminal Justice and the executive commissioner by rule shall adopt a memorandum of understanding that establishes the respective responsibilities of the Texas Department of Criminal Justice, the Department of State Health Services, the Department of Aging and Disability Services, and the Department of Assistive and Rehabilitative Services to institute a continuity of care and service program for elderly offenders in the criminal justice system.  The office shall coordinate and monitor the development and implementation of the memorandum of understanding.
(b)  The memorandum of understanding must establish methods for:
(1)  identifying elderly offenders in the criminal justice system;
(2)  developing interagency rules, policies, and procedures for the coordination of care of and the exchange of information on elderly offenders by local and state criminal justice agencies, the Department of State Health Services, the Department of Aging and Disability Services, and the Department of Assistive and Rehabilitative Services; and
(3)  identifying the services needed by elderly offenders to reenter the community successfully.
(c)  The Texas Department of Criminal Justice, the Department of State Health Services, the Department of Aging and Disability Services, and the Department of Assistive and Rehabilitative Services shall:
(1)  operate the continuity of care and service program for elderly offenders in the criminal justice system with funds appropriated for that purpose; and
(2)  actively seek federal grants or funds to operate and expand the program.
Added by Acts 1993, 73rd Leg., ch. 488, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 856, Sec. 16, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1493, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.015. Continuity of Care for Offenders With Physical Disabilities, Terminal Illnesses, or Significant Illnesses

Sec. 614.015.  CONTINUITY OF CARE FOR OFFENDERS WITH PHYSICAL DISABILITIES, TERMINAL ILLNESSES, OR SIGNIFICANT ILLNESSES.  (a)  The Texas Department of Criminal Justice and the executive commissioner by rule shall adopt a memorandum of understanding that establishes the respective responsibilities of the Texas Department of Criminal Justice, the Department of Assistive and Rehabilitative Services, the Department of State Health Services, and the Department of Aging and Disability Services to institute a continuity of care and service program for offenders in the criminal justice system who are persons with physical disabilities, terminal illnesses, or significant illnesses.  The council shall coordinate and monitor the development and implementation of the memorandum of understanding.
(b)  The memorandum of understanding must establish methods for:
(1)  identifying offenders in the criminal justice system who are persons with physical disabilities, terminal illnesses, or significant illnesses;
(2)  developing interagency rules, policies, and procedures for the coordination of care of and the exchange of information on offenders who are persons with physical disabilities, terminal illnesses, or significant illnesses by local and state criminal justice agencies, the Texas Department of Criminal Justice, the Department of Assistive and Rehabilitative Services, the Department of State Health Services, and the Department of Aging and Disability Services; and
(3)  identifying the services needed by offenders who are persons with physical disabilities, terminal illnesses, or significant illnesses to reenter the community successfully.
(c)  The Texas Department of Criminal Justice, the Department of Assistive and Rehabilitative Services, the Department of State Health Services, and the Department of Aging and Disability Services shall:
(1)  operate, with funds appropriated for that purpose, the continuity of care and service program for offenders in the criminal justice system who are persons with physical disabilities, terminal illnesses, or significant illnesses; and
(2)  actively seek federal grants or funds to operate and expand the program.
Added by Acts 1993, 73rd Leg., ch. 488, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 835, Sec. 26, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1306 (S.B. 839), Sec. 3, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1494, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.016. Continuity of Care for Certain Offenders by Law Enforcement and Jails

Sec. 614.016.  CONTINUITY OF CARE FOR CERTAIN OFFENDERS BY LAW ENFORCEMENT AND JAILS.  (a)  The office, the Texas Commission on Law Enforcement, the bureau of identification and records of the Department of Public Safety, and the Commission on Jail Standards by rule shall adopt a memorandum of understanding that establishes their respective responsibilities to institute a continuity of care and service program for offenders in the criminal justice system who are persons with  mental impairments, physical disabilities, terminal illnesses, or significant illnesses, or who are elderly.
(b)  The memorandum of understanding must establish methods for:
(1)  identifying offenders in the criminal justice system who are persons with mental impairments, physical disabilities, terminal illnesses, or significant illnesses, or who are elderly;
(2)  developing procedures for the exchange of information relating to offenders who are persons with mental impairments, physical disabilities, terminal illnesses, or significant illnesses, or who are elderly by the office, the Texas Commission on Law Enforcement, and the Commission on Jail Standards for use in the continuity of care and services program; and
(3)  adopting rules and standards that assist in the development of a continuity of care and services program for offenders who are persons with mental impairments, physical disabilities, terminal illnesses, or significant illnesses, or who are elderly.
Added by Acts 1993, 73rd Leg., ch. 488, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 856, Sec. 17, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1306 (S.B. 839), Sec. 4, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.40, eff. May 18, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1495, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.018. Continuity of Care for Juveniles With Mental Impairments

Sec. 614.018.  CONTINUITY OF CARE FOR JUVENILES WITH MENTAL IMPAIRMENTS.  (a)  The Texas Juvenile Justice Department, the Department of Public Safety, the Department of State Health Services, the Department of Aging and Disability Services, the Department of Family and Protective Services, the Texas Education Agency, and local juvenile probation departments shall adopt a memorandum of understanding that establishes their respective responsibilities to institute a continuity of care and service program for juveniles with mental impairments in the juvenile justice system.  The Texas Correctional Office on Offenders with Medical and Mental Impairments shall coordinate and monitor the development and implementation of the memorandum of understanding.
(b)  The memorandum of understanding must establish methods for:
(1)  identifying juveniles with mental impairments in the juvenile justice system and collecting and reporting relevant data to the office;
(2)  developing interagency rules, policies, and procedures for the coordination of care of and the exchange of information on juveniles with mental impairments who are committed to or treated, served, or supervised by the Texas Juvenile Justice Department, the Department of Public Safety, the Department of State Health Services, the Department of Family and Protective Services, the Department of Aging and Disability Services, the Texas Education Agency, local juvenile probation departments, local mental health or intellectual and developmental disability authorities, and independent school districts; and
(3)  identifying the services needed by juveniles with mental impairments in the juvenile justice system.
(c)  For purposes of this section, "continuity of care and service program" includes:
(1)  identifying the medical, psychiatric, or psychological care or treatment needs and educational or rehabilitative service needs of a juvenile with mental impairments in the juvenile justice system;
(2)  developing a plan for meeting the needs identified under Subdivision (1); and
(3)  coordinating the provision of continual treatment, care, and services throughout the juvenile justice system to juveniles with mental impairments.
Added by Acts 2009, 81st Leg., R.S., Ch. 1187 (H.B. 3689), Sec. 4.006, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 2.004, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1496, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.019. Programs for Juveniles

Sec. 614.019.  PROGRAMS FOR JUVENILES.  (a)  The office, in cooperation with the Department of State Health Services, the Department of Family and Protective Services, the Texas Juvenile Justice Department, and the Texas Education Agency, may establish and maintain programs, building on existing successful efforts in communities, to address prevention, intervention, and continuity of care for juveniles with mental health and substance abuse disorders.
(b)  A child with mental illness who is receiving continuity of care services during parole from the Texas Juvenile Justice Department and who is no longer eligible to receive services from a local mental health authority when the child becomes 17 years of age because the child does not meet the requirements of a local service area plan under Section 533.0352(a) may continue to receive continuity of care services from the office until the child completes the child's parole.
(c)  A child with mental illness or an intellectual disability who is discharged from the Texas Juvenile Justice Department under Section 244.011, Human Resources Code, may receive continuity of care services from the office for a minimum of 90 days after discharge from the department and for as long as necessary for the child to demonstrate sufficient stability to transition successfully to mental health or intellectual disability services provided by a local mental health or intellectual and developmental disability authority.
Added by Acts 2001, 77th Leg., ch. 328, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 856, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1038 (H.B. 4451), Sec. 3, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 3.015, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1497, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.020. Youth Assertive Community Treatment Program

Sec. 614.020.  YOUTH ASSERTIVE COMMUNITY TREATMENT PROGRAM.  (a)  The office may establish and maintain in Tarrant County an assertive community treatment program to provide treatment, rehabilitation, and support services to individuals in that county who:
(1)  are under 18 years of age;
(2)  have severe and persistent mental illness;
(3)  have a history of:
(A)  multiple hospitalizations;
(B)  poor performance in school;
(C)  placement in emergency shelters or residential treatment facilities;  or
(D)  chemical dependency or abuse;  and
(4)  have been placed on probation by a juvenile court.
(b)  The program must be modeled after other assertive community treatment programs established by the Department of State Health Services.  The program is limited to serving not more than 30 program participants at any time.
(c)  If the office creates and maintains a program under this section, the office shall provide for the program a team of licensed or degreed professionals in the clinical treatment or rehabilitation field to administer the program.  A team provided under this subsection must include:
(1)  a registered nurse to provide full-time direct services to the program participants;  and
(2)  a psychiatrist available to the program for 10 or more hours each week.
(d)  In administering the program, the program's professional team shall:
(1)  provide psychiatric, substance abuse, and employment services to program participants;
(2)  maintain a ratio of one or more team members for each 10 program participants to the extent practicable;
(3)  be available to program participants during evening and weekend hours;
(4)  meet the needs of special populations;
(5)  maintain at all times availability for addressing and managing a psychiatric crisis of any program participant;  and
(6)  cover the geographic areas served by the program.
(e)  The office and the program shall cooperate with or contract with local agencies to avoid duplication of services and to maximize federal Medicaid funding.
Added by Acts 2001, 77th Leg., ch. 1499, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Health & Safety Sec. 614.019 and amended by Acts 2003, 78th Leg., ch. 856, Sec. 20, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1498, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.0205. Appropriation Contingency

Sec. 614.0205.  APPROPRIATION CONTINGENCY.  The office is required to provide a service or program under Section 614.019(a) or 614.020 only if the legislature appropriates money specifically for that purpose.  If the legislature does not appropriate money specifically for that purpose, the office may, but is not required to, provide a service or program under Section 614.019(a) or 614.020 using other appropriations available for that purpose.
Added by Acts 2011, 82nd Leg., R.S., Ch. 785 (H.B. 2119), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 614 - Texas Correctional Office on Offenders With Medical or Mental Impairments › Section 614.021. Services for Wrongfully Imprisoned Persons

Sec. 614.021.  SERVICES FOR WRONGFULLY IMPRISONED PERSONS.  (a)  In this section, "wrongfully imprisoned person" has the meaning assigned by Section 501.101, Government Code.
(b)  The office shall develop a plan to use existing case management functions to assist wrongfully imprisoned persons who are discharged from the Texas Department of Criminal Justice in:
(1)  accessing medical and dental services, including assistance in completing documents required for application to federal entitlement programs;
(2)  obtaining mental health treatment and related support services through the public mental health system for as long as the wrongfully imprisoned person requires assistance; and
(3)  obtaining appropriate support services, as identified by the wrongfully imprisoned person and the assigned case manager, to assist the person in making the transition from incarceration into the community.
(c)  The office shall submit an annual report to the legislature on the provision of services under this section to wrongfully imprisoned persons.
Added by Acts 2009, 81st Leg., R.S., Ch. 180 (H.B. 1736), Sec. 11, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.002(10), eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1499, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 615 - Miscellaneous Provisions › Section 615.001. County Responsibility

Sec. 615.001.  COUNTY RESPONSIBILITY.  Each commissioners court shall provide for the support of a person with mental illness or an intellectual disability who is:
(1)  a resident of the county;
(2)  unable to provide self-support; and
(3)  cannot be admitted to a state mental health or intellectual disability facility.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1500, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle E - Special Provisions Relating to Mental Illness and Intellectual Disability › Chapter 615 - Miscellaneous Provisions › Section 615.002. Access to Records by Protection and Advocacy System

Sec. 615.002.  ACCESS TO RECORDS BY PROTECTION AND ADVOCACY SYSTEM.  (a)  Notwithstanding other state law, the protection and advocacy system established in this state under the federal Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. Sec. 10801 et seq.) and the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. Sec. 15001 et seq.) is entitled to access to records relating to persons with mental illness or developmental disabilities to the extent authorized by federal law.
(b)  If the person consents to notification, the protection and advocacy system shall notify the Department of State Health Services or the Department of Aging and Disability Services, as appropriate, if the system decides to investigate a complaint of abuse, neglect, or rights violation that relates to a person with mental illness or a developmental disability who is a patient or client in a facility or program operated by, licensed by, certified by, or in a contractual relationship with that department.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1500, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle A - Death › Chapter 671 - Determination of Death and Autopsy Reports › Subchapter A. Determination of Death › Section 671.001. Standard Used in Determining Death

Sec. 671.001.  STANDARD USED IN DETERMINING DEATH.  (a)  A person is dead when, according to ordinary standards of medical practice, there is irreversible cessation of the person's spontaneous respiratory and circulatory functions.
(b)  If artificial means of support preclude a determination that a person's spontaneous respiratory and circulatory functions have ceased, the person is dead when, in the announced opinion of a physician, according to ordinary standards of medical practice, there is irreversible cessation of all spontaneous brain function.  Death occurs when the relevant functions cease.
(c)  Death must be pronounced before artificial means of supporting a person's respiratory and circulatory functions are terminated.
(d)  A registered nurse, including an advanced practice registered nurse, or physician assistant may determine and pronounce a person dead in situations other than those described by Subsection (b) if permitted by written policies of a licensed health care facility, institution, or entity providing services to that person. Those policies must include physician assistants who are credentialed or otherwise permitted to practice at the facility, institution, or entity. If the facility, institution, or entity has an organized nursing staff and an organized medical staff or medical consultant, the nursing staff and medical staff or consultant shall jointly develop and approve those policies.  The executive commissioner of the Health and Human Services Commission shall adopt rules to govern policies for facilities, institutions, or entities that do not have organized nursing staffs and organized medical staffs or medical consultants.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 201, Sec. 1, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 965, Sec. 8, eff. June 16, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1501, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 412 (S.B. 919), Sec. 2, eff. June 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 509 (H.B. 2950), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 8 - Death and Disposition of the Body › Subtitle A - Death › Chapter 671 - Determination of Death and Autopsy Reports › Subchapter A. Determination of Death › Section 671.002. Limitation of Liability

Sec. 671.002.  LIMITATION OF LIABILITY.  (a)  A physician who determines death in accordance with Section 671.001(b) or a registered nurse, including an advanced practice registered nurse, or physician assistant who determines death in accordance with Section 671.001(d) is not liable for civil damages or subject to criminal prosecution for the physician's, registered nurse's, or physician assistant's actions or the actions of others based on the determination of death.
(b)  A person who acts in good faith in reliance on a physician's, registered nurse's, or physician assistant's determination of death is not liable for civil damages or subject to criminal prosecution for the person's actions.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 201, Sec. 2, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 965, Sec. 9, eff. June 16, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 412 (S.B. 919), Sec. 3, eff. June 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 509 (H.B. 2950), Sec. 3, eff. September 1, 2017.