2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
CHAPTER 571. GENERAL PROVISIONS  

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE C. TEXAS MENTAL HEALTH CODE

CHAPTER 571. GENERAL PROVISIONS

Sec. 571.001. SHORT TITLE. This subtitle may be cited as the

Texas Mental Health Code.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 571.002. PURPOSE. The purpose of this subtitle is to

provide to each person having severe mental illness access to

humane care and treatment by:

(1) facilitating treatment in an appropriate setting;

(2) enabling the person to obtain necessary evaluation, care,

treatment, and rehabilitation with the least possible trouble,

expense, and embarrassment to the person and the person's family;

(3) eliminating, if requested, the traumatic effect on the

person's mental health of public trial and criminal-like

procedures;

(4) protecting the person's right to a judicial determination of

the person's need for involuntary treatment;

(5) defining the criteria the state must meet to order

involuntary care and treatment;

(6) establishing the procedures to obtain facts, carry out

examinations, and make prompt and fair decisions;

(7) safeguarding the person's legal rights so as to advance and

not impede the therapeutic and protective purposes of involuntary

care; and

(8) safeguarding the rights of the person who voluntarily

requests inpatient care.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 571.003. DEFINITIONS. In this subtitle:

(1) "Board" means the Texas Board of Mental Health and Mental

Retardation.

(2) "Commissioner" means the commissioner of mental health and

mental retardation.

(3) "Commitment order" means a court order for involuntary

inpatient mental health services under this subtitle.

(4) "Community center" means a center established under

Subchapter A, Chapter 534 that provides mental health services.

(5) "Department" means the Texas Department of Mental Health and

Mental Retardation.

(6) "Facility administrator" means the individual in charge of a

mental health facility.

(7) "General hospital" means a hospital operated primarily to

diagnose, care for, and treat physically ill persons.

(8) "Hospital administrator" means the individual in charge of a

hospital.

(9) "Inpatient mental health facility" means a mental health

facility that can provide 24-hour residential and psychiatric

services and that is:

(A) a facility operated by the department;

(B) a private mental hospital licensed by the Texas Department

of Health;

(C) a community center, facility operated by or under contract

with a community center or other entity the department designates

to provide mental health services;

(D) a local mental health authority or a facility operated by or

under contract with a local mental health authority;

(E) an identifiable part of a general hospital in which

diagnosis, treatment, and care for persons with mental illness is

provided and that is licensed by the Texas Department of Health;

or

(F) a hospital operated by a federal agency.

(10) "Legal holiday" includes a holiday listed in Section

662.021, Government Code, and an officially designated county

holiday applicable to a court in which proceedings under this

subtitle are held.

(11) "Local mental health authority" means an entity to which

the board delegates its authority and responsibility within a

specified region for planning, policy development, coordination,

including coordination with criminal justice entities, and

resource development and allocation and for supervising and

ensuring the provision of mental health services to persons with

mental illness in the most appropriate and available setting to

meet individual needs in one or more local service areas.

(12) "Mental health facility" means:

(A) an inpatient or outpatient mental health facility operated

by the department, a federal agency, a political subdivision, or

any person;

(B) a community center or a facility operated by a community

center; or

(C) that identifiable part of a general hospital in which

diagnosis, treatment, and care for persons with mental illness is

provided.

(13) "Mental hospital" means a hospital:

(A) operated primarily to provide inpatient care and treatment

for persons with mental illness; or

(B) operated by a federal agency that is equipped to provide

inpatient care and treatment for persons with mental illness.

(14) "Mental illness" means an illness, disease, or condition,

other than epilepsy, senility, alcoholism, or mental deficiency,

that:

(A) substantially impairs a person's thought, perception of

reality, emotional process, or judgment; or

(B) grossly impairs behavior as demonstrated by recent disturbed

behavior.

(15) "Non-physician mental health professional" means:

(A) a psychologist licensed to practice in this state and

designated as a health-service provider;

(B) a registered nurse with a master's or doctoral degree in

psychiatric nursing;

(C) a licensed clinical social worker;

(D) a licensed professional counselor licensed to practice in

this state; or

(E) a licensed marriage and family therapist licensed to

practice in this state.

(16) "Patient" means an individual who is receiving voluntary or

involuntary mental health services under this subtitle.

(17) "Person" includes an individual, firm, partnership,

joint-stock company, joint venture, association, and corporation.

(18) "Physician" means:

(A) a person licensed to practice medicine in this state;

(B) a person employed by a federal agency who has a license to

practice medicine in any state; or

(C) a person authorized to perform medical acts under an

institutional permit at a Texas postgraduate training program

approved by the Accreditation Council on Graduate Medical

Education, the American Osteopathic Association, or the Texas

State Board of Medical Examiners.

(19) "Political subdivision" includes a county, municipality, or

hospital district in this state but does not include a

department, board, or agency of the state that has statewide

authority and responsibility.

(20) "Private mental hospital" means a mental hospital operated

by a person or political subdivision.

(21) "State mental hospital" means a mental hospital operated by

the department.

(22) Repealed by Acts 2001, 77th Leg., ch. 367, Sec. 19, eff.

Sept. 1, 2001.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 573, Sec. 4.01, eff.

Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(15), eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 500, Sec. 2, eff. May

31, 1997; Acts 1999, 76th Leg., ch. 75, Sec. 1, eff. May 12,

1999; Acts 1999, 76th Leg., ch. 543, Sec. 2, eff. June 18, 1999;

Acts 2001, 77th Leg., ch. 722, Sec. 1, eff. June 13, 2001; Acts

2001, 77th Leg., ch. 367, Sec. 4, 19, eff. Sept. 1, 2001; Acts

2003, 78th Leg., ch. 892, Sec. 27, eff. Sept. 1, 2003.

Sec. 571.004. LEAST RESTRICTIVE APPROPRIATE SETTING. The least

restrictive appropriate setting for the treatment of a patient is

the treatment setting that:

(1) is available;

(2) provides the patient with the greatest probability of

improvement or cure; and

(3) is no more restrictive of the patient's physical or social

liberties than is necessary to provide the patient with the most

effective treatment and to protect adequately against any danger

the patient poses to himself or others.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 571.005. TEXAS MENTAL HEALTH CODE INFORMATION PROGRAM. (a)

The department shall hold seminars as necessary to increase

understanding of and properly implement revisions to this

subtitle.

(b) The department may arrange for community centers, other

state agencies, and other public and private organizations or

programs to prepare instructional materials and conduct the

seminars.

(c) The department may solicit, receive, and expend funds it

receives from public or private organizations to fund the

seminars.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 571.006. DEPARTMENT POWERS. The department may:

(1) adopt rules as necessary for the proper and efficient

treatment of persons with mental illness;

(2) prescribe the form and content of applications,

certificates, records, and reports provided for under this

subtitle;

(3) require reports from a facility administrator relating to

the admission, examination, diagnosis, release, or discharge of

any patient;

(4) regularly visit each mental health facility to review the

commitment procedure for each new patient admitted after the last

visit; and

(5) visit a mental health facility to investigate a complaint

made by a patient or by a person on behalf of a patient.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 571.0065. TREATMENT METHODS. (a) The board by rule may

adopt procedures for an advisory committee to review treatment

methods for persons with mental illness.

(b) A state agency that has knowledge of or receives a complaint

relating to an abusive treatment method shall report that

knowledge or forward a copy of the complaint to the board.

(c) A mental health facility, physician, or other mental health

professional is not liable for an injury or other damages

sustained by a person as a result of the failure of the facility,

physician, or professional to administer or perform a treatment

prohibited by statute or rules adopted by the board.

(d) The board shall report annually to the governor, lieutenant

governor, speaker of the house of representatives, Senate Health

and Human Services Committee, and House Public Health Committee

on the treatment methods reviewed under this section and the

findings and recommendations made regarding each reviewed

treatment method.

Added by Acts 1993, 73rd Leg., ch. 573, Sec. 3.01(a), eff. Sept.

1, 1993. Amended by Acts 1997, 75th Leg., ch. 337, Sec. 1, eff.

May 27, 1997.

Sec. 571.0066. PRESCRIPTION MEDICATION INFORMATION. (a) The

board by rule shall require a mental health facility that admits

a patient under this subtitle to provide to the patient in the

patient's primary language, if possible, information relating to

prescription medications ordered by the patient's treating

physician.

(b) At a minimum, the required information must:

(1) identify the major types of prescription medications; and

(2) specify for each major type:

(A) the conditions the medications are commonly used to treat;

(B) the beneficial effects on those conditions generally

expected from the medications;

(C) side effects and risks associated with the medications;

(D) commonly used examples of medications of the major type; and

(E) sources of detailed information concerning a particular

medication.

(c) The facility shall also provide the information to the

patient's family on request, but only to the extent not otherwise

prohibited by state or federal confidentiality laws.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.01, eff. Aug. 30,

1993. Renumbered from Health & Safety Code Sec. 571.0065 by

Acts 1995, 74th Leg., ch. 76, Sec. 17.01(32), eff. Sept. 1, 1995.

Sec. 571.0067. RESTRAINT AND SECLUSION. A person providing

services to a patient of a mental hospital or mental health

facility shall comply with Chapter 322 and the rules adopted

under that chapter.

Added by Acts 2005, 79th Leg., Ch.

698, Sec. 6, eff. September 1, 2005.

Sec. 571.007. DELEGATION OF POWERS AND DUTIES. (a) Except as

otherwise expressly provided by this subtitle, an authorized,

qualified department employee may exercise a power granted to or

perform a duty imposed on the department.

(b) Except as otherwise expressly provided by this subtitle, an

authorized, qualified person designated by a facility

administrator may exercise a power granted to or perform a duty

imposed on the facility administrator.

(c) The delegation of a duty under this section does not relieve

the department or a facility administrator from responsibility.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 571.008. RETURN OF COMMITTED PATIENT TO STATE OF RESIDENCE.

(a) The department may return a nonresident patient committed

to a department mental health facility to the proper agency of

the patient's state of residence.

(b) The department may permit the return of a resident of this

state who is committed to a mental health facility in another

state.

(c) The department may enter into reciprocal agreements with the

proper agencies of other states to facilitate the return of

persons committed to mental health facilities in this state or

another state to the states of their residence.

(d) A department facility administrator may detain for not more

than 96 hours pending a court order in a commitment proceeding in

this state a patient returned to this state from another state

where the person was committed.

(e) The state returning a committed patient to another state

shall bear the expenses of returning the patient.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 571.009. EFFECT OF CERTAIN CONDITIONS ON ADMISSION OR

COMMITMENT. A person with mental illness may not be denied

admission or commitment to a mental health facility because the

person also suffers from epilepsy, senility, alcoholism, or

mental deficiency.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 571.010. AGENT FOR SERVICE OF PROCESS. (a) The facility

administrator or the superintendent, supervisor, or manager of an

inpatient mental health facility is the agent for service of

process on a patient confined in the facility.

(b) The person receiving process shall sign a certificate with

the person's name and title that states that the person is aware

of the provisions of this subtitle. The certificate shall be

attached to the citation and returned by the serving officer.

(c) The person receiving process, not later than the third day

after its receipt, shall forward it by registered mail to the

patient's legal guardian or personally deliver it to the patient,

whichever appears to be in the patient's best interest.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 571.011. APPLICATION TO PERSONS CHARGED WITH CRIME. (a) A

child alleged to have engaged in delinquent conduct or conduct

indicating a need for supervision under Title 3, Family Code, is

not considered under this subtitle to be a person charged with a

criminal offense.

(b) The provisions in this subtitle relating to the discharge,

furlough, or transfer of a patient do not apply to a person

charged with a criminal offense who is admitted to a mental

health facility under Subchapter D or E, Chapter 46B, Code of

Criminal Procedure.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2003, 78th Leg., ch. 35, Sec. 9, eff. Jan.

1, 2004.

Sec. 571.012. COURT HOURS; AVAILABILITY OF JUDGE OR MAGISTRATE.

The probate court or court having probate jurisdiction shall be

open for proceedings under this subtitle during normal business

hours. The probate judge or magistrate shall be available at all

times at the request of a person apprehended or detained under

Chapter 573, or a proposed patient under Chapter 574.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 485, Sec. 1, eff. June

11, 2001.

Sec. 571.013. METHOD OF GIVING NOTICE. Except as otherwise

provided by this subtitle, notice required under this subtitle

may be given by delivering a copy of the notice or document in

person or in another manner directed by the court that is

reasonably calculated to give actual notice.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 571.014. FILING REQUIREMENTS. (a) Each application,

petition, certificate, or other paper permitted or required to be

filed in a probate court or court having probate jurisdiction

under this subtitle must be filed with the county clerk of the

proper county.

(b) The county clerk shall file each paper after endorsing on

it:

(1) the date on which the paper is filed;

(2) the docket number; and

(3) the clerk's official signature.

(c) A person may initially file a paper with the county clerk by

the use of reproduced, photocopied, or electronically transmitted

paper if the person files the original signed copies of the paper

with the clerk not later than the 72nd hour after the hour on

which the initial filing is made. If the 72-hour period ends on a

Saturday, Sunday, or legal holiday, the filing period is extended

until 4 p.m. on the first succeeding business day. If extremely

hazardous weather conditions exist or a disaster occurs, the

presiding judge or magistrate may by written order made each day

extend the filing period until 4 p.m. on the first succeeding

business day. The written order must declare that an emergency

exists because of the weather or the occurrence of a disaster. If

a person detained under this subtitle would otherwise be released

because the original signed copy of a paper is not filed within

the 72-hour period but for the extension of the filing period

under this section, the person may be detained until the

expiration of the extended filing period. This subsection does

not affect another provision of this subtitle requiring the

release or discharge of a person.

(d) If the clerk does not receive the original signed copy of a

paper within the period prescribed by this section, the judge may

dismiss the proceeding on the court's own motion or on the motion

of a party and, if the proceeding is dismissed, shall order the

immediate release of a proposed patient who is not at liberty.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.42, eff.

Aug. 30, 1993.

Sec. 571.015. INSPECTION OF COURT RECORDS. (a) Each paper in a

docket for mental health proceedings in the county clerk's

office, including the docket book, indexes, and judgment books,

is a public record of a private nature that may be used,

inspected, or copied only under a written order issued by the

county judge, a judge of a court that has probate jurisdiction,

or a judge of a district court having jurisdiction in the county

in which the docket is located.

(b) A judge may not issue an order under Subsection (a) unless

the judge enters a finding that:

(1) the use, inspection, or copying is justified and in the

public interest; or

(2) the paper is to be released to the person to whom it relates

or to a person designated in a written release signed by the

person to whom the paper relates.

(c) In addition to the finding required by Subsection (b), if a

law relating to confidentiality of mental health information or

physician-patient privilege applies, the judge must find that the

reasons for the use, inspection, or copying fall within the

applicable statutory exemptions.

(d) The papers shall be released to an attorney representing the

proposed patient in a proceeding held under this subtitle.

(e) This section does not affect access of law enforcement

personnel to necessary information in execution of a writ or

warrant.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 571.016. REPRESENTATION OF STATE. Unless specified

otherwise, in a hearing held under this subtitle:

(1) the county attorney shall represent the state; or

(2) if the county has no county attorney, the district attorney,

the criminal district attorney, or a court-appointed special

prosecutor shall represent the state.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 322, Sec. 1, eff. Aug.

28, 1995; Acts 1995, 74th Leg., ch. 770, Sec. 1, eff. June 16,

1995.

Sec. 571.0165. EXTENSION OF DETENTION PERIOD. (a) If extremely

hazardous weather conditions exist or a disaster occurs, the

judge of a court having jurisdiction of a proceeding under

Chapters 572, 573, 574, and 575 or a magistrate appointed by the

judge may by written order made each day extend the period during

which the person may be detained under those chapters until 4

p.m. on the first succeeding business day.

(b) The written order must declare that an emergency exists

because of the weather or the occurrence of a disaster.

(c) This section does not apply to a situation for which a

specific procedure is prescribed by this subtitle for extending

the detention period because of extremely hazardous weather

conditions or the occurrence of a disaster.

Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.43, eff. Aug. 30,

1993.

Sec. 571.0166. PROCEEDINGS ON BEHALF OF THE STATE. All

applications under this subtitle shall be filed on behalf of the

State of Texas and styled "The State of Texas for the Best

Interest and Protection of (NAME) the (patient or proposed

patient)."

Added by Acts 1995, 74th Leg., ch. 770, Sec. 2, eff. June 16,

1995.

Sec. 571.017. COMPENSATION OF COURT-APPOINTED PERSONNEL. (a)

The court shall order the payment of reasonable compensation to

attorneys, physicians, language interpreters, sign interpreters,

and associate judges appointed under this subtitle.

(b) The compensation paid shall be taxed as costs in the case.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

334, Sec. 2, eff. September 1, 2009.

Sec. 571.018. COSTS. (a) The costs for a hearing or proceeding

under this subtitle shall be paid by:

(1) the county that initiates emergency detention procedures

under Subchapter A or B, Chapter 573; or

(2) if no emergency detention procedures are initiated, the

county that accepts an application for court-ordered mental

health services, issues an order for protective custody, or

issues an order for temporary mental health services.

(b) The county responsible for the costs of a hearing or

proceeding under Subsection (a) shall pay the costs of all

subsequent hearings or proceedings for that person under this

subtitle until the person is discharged from mental health

services. The costs shall be billed by the clerk of the court

conducting the hearings.

(c) Costs under this section include:

(1) attorney's fees;

(2) physician examination fees;

(3) compensation for court-appointed personnel listed under

Section 571.017;

(4) expenses of transportation to a mental health facility or to

a federal agency not to exceed $50 if transporting within the

same county and not to exceed the reasonable cost of

transportation if transporting between counties;

(5) costs and salary supplements authorized under Sections

574.031(i) and (j); and

(6) prosecutor's fees authorized under Section 574.031(k).

(d) A county is entitled to reimbursement for costs actually

paid by the county from:

(1) the patient; or

(2) a person or estate liable for the patient's support in a

department mental health facility.

(e) The state shall pay the cost of transporting a discharged or

furloughed patient to the patient's home or of returning a

patient absent without authority unless the patient or someone

responsible for the patient is able to pay the costs.

(f) A proposed patient's county of residence shall pay the

court-approved expenses incurred under Section 574.010 if ordered

by the court under that section.

(g) A judge who holds hearings at locations other than the

county courthouse is entitled to additional compensation as

provided by Sections 574.031(h) and (i).

(h) The state or a county may not pay any costs for a patient

committed to a private mental hospital unless:

(1) a public facility is not available; and

(2) the commissioners court of the county authorizes the

payment, if appropriate.

(i) The county may not require a person other than the patient

to pay any costs associated with a hearing or proceeding under

this subtitle, including a filing fee or other court costs

imposed under Chapter 118, Local Government Code, Chapter 51,

Government Code, or other law, unless the county first determines

that:

(1) the costs relate to services provided or to be provided in a

private mental hospital; or

(2) the person charged with the costs is a person or estate

liable for the patient's support in a department mental health

facility.

(j) When an inpatient mental health facility as defined under

Section 571.003(9)(B) or (E) files an affidavit with the clerk of

the court certifying that it has received no compensation or

reimbursement for the treatment of a person for whom court costs

have been paid or advanced, the judge of the probate court shall

order the clerk of the court to refund the costs.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.44, eff.

Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 174, Sec. 1, eff. Aug.

30, 1993; Acts 1995, 74th Leg., ch. 770, Sec. 3, eff. June 16,

1995; Acts 1997, 75th Leg., ch. 1354, Sec. 2, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 527, Sec. 1, eff. June 18, 1999; Acts

1999, 76th Leg., ch. 1512, Sec. 1, eff. Sept. 1, 1999.

Sec. 571.019. LIMITATION OF LIABILITY. (a) A person who

participates in the examination, certification, apprehension,

custody, transportation, detention, treatment, or discharge of

any person or in the performance of any other act required or

authorized by this subtitle and who acts in good faith,

reasonably, and without negligence is not criminally or civilly

liable for that action.

(b) A physician performing a medical examination and providing

information to the court in a court proceeding held under this

subtitle or providing information to a peace officer to

demonstrate the necessity to apprehend a person under Chapter 573

is considered an officer of the court and is not liable for the

examination or testimony when acting without malice.

(c) A physician or inpatient mental health facility that

discharges a voluntary patient is not liable for the discharge

if:

(1) a written request for the patient's release was filed and

not withdrawn; and

(2) the person who filed the written request for discharge is

notified that the person assumes all responsibility for the

patient on discharge.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 571.020. CRIMINAL PENALTIES. (a) A person commits an

offense if the person intentionally causes, conspires with

another to cause, or assists another to cause the unwarranted

commitment of a person to a mental health facility.

(b) A person commits an offense if the person knowingly violates

a provision of this subtitle.

(c) An individual who commits an offense under this section is

subject on conviction to:

(1) a fine of not less than $50 or more than $25,000 for each

violation and each day of a continuing violation;

(2) confinement in jail for not more than two years for each

violation and each day of a continuing violation; or

(3) both fine and confinement.

(d) A person other than an individual who commits an offense

under this section is subject on conviction to a fine of not less

than $500 or more than $100,000 for each violation and each day

of a continuing violation.

(e) If it is shown on the trial of an individual that the

individual has previously been convicted of an offense under this

section, the offense is punishable by:

(1) a fine of not less than $100 or more than $50,000 for each

violation and each day of a continuing violation;

(2) confinement in jail for not more than four years for each

violation and each day of a continuing violation; or

(3) both fine and confinement.

(f) If it is shown on the trial of a person other than an

individual that the person previously has been convicted of an

offense under this section, the offense is punishable by a fine

of not less than $1,000 or more than $200,000 for each violation

and each day of a continuing violation.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.45, eff.

Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 705, Sec. 3.10(a), eff.

Sept. 1, 1993.

Sec. 571.021. ENFORCEMENT OFFICERS. The state attorney general

and the district and county attorneys within their respective

jurisdictions shall prosecute violations of this subtitle.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 571.022. INJUNCTION. (a) At the request of the

department, the attorney general or the appropriate district or

county attorney shall institute and conduct in the name of the

state a suit for a violation of this subtitle or a rule adopted

under this subtitle.

(b) On his own initiative, the attorney general or district or

county attorney may maintain an action for a violation of this

subtitle or a rule adopted under this subtitle in the name of the

state.

(c) Venue may be maintained in Travis County or in the county in

which the violation occurred.

(d) The district court may grant any prohibitory or mandatory

injunctive relief warranted by the facts, including a temporary

restraining order, temporary injunction, or permanent injunction.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 3.11, eff. Sept. 1,

1993.

Sec. 571.023. CIVIL PENALTY. (a) A person is subject to a

civil penalty of not more than $25,000 for each day of violation

and for each act of violation of this subtitle or a rule adopted

under this subtitle. In determining the amount of the civil

penalty, the court shall consider:

(1) the person's or facility's previous violations;

(2) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of the violation;

(3) whether the health and safety of the public was threatened

by the violation;

(4) the demonstrated good faith of the person or facility; and

(5) the amount necessary to deter future violations.

(b) The department or party bringing the suit may:

(1) combine a suit to assess and recover civil penalties with a

suit for injunctive relief brought under Section 571.022 or

577.019; or

(2) file a suit to assess and recover civil penalties

independently of a suit for injunctive relief.

(c) At the request of the department, the attorney general or

the appropriate district or county attorney shall institute and

conduct the suit authorized by Subsection (b) in the name of the

state.

(d) On his own initiative, the attorney general, district

attorney, or county attorney may maintain an action as authorized

by Subsection (b) for a violation of this subtitle or a rule

adopted under this subtitle in the name of the state.

(e) The department and the party bringing the suit may recover

reasonable expenses incurred in obtaining injunctive relief,

civil penalties, or both, including investigation costs, court

costs, reasonable attorney fees, witness fees, and deposition

expenses.

(f) A penalty collected under this section by the attorney

general shall be deposited to the credit of the general revenue

fund. A penalty collected under this section by a district or

county attorney shall be deposited to the credit of the general

fund of the county in which the suit was heard.

(g) The civil penalty and injunctive relief authorized by this

section and Sections 571.022 and 577.019 are in addition to any

other civil, administrative, or criminal remedies provided by

law.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 3.11, eff. Sept. 1,

1993.

Sec. 571.024. NOTICE OF SUIT. Not later than the seventh day

before the date on which the attorney general intends to bring

suit on his own initiative, the attorney general shall provide to

the department notice of the suit. The attorney general is not

required to provide notice of a suit if the attorney general

determines that waiting to bring suit until the notice is

provided will create an immediate threat to the health and safety

of a patient. This section does not create a requirement that the

attorney general obtain the permission of or a referral from the

department before filing suit.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 3.11, eff. Sept. 1,

1993.

Sec. 571.025. ADMINISTRATIVE PENALTY. (a) The board may impose

an administrative penalty against a person licensed or regulated

under this subtitle who violates this subtitle or a rule or order

adopted under this subtitle.

(b) The penalty for a violation may be in an amount not to

exceed $25,000. Each day a violation continues or occurs is a

separate violation for purposes of imposing a penalty.

(c) The amount of the penalty shall be based on:

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of any prohibited acts, and

the hazard or potential hazard created to the health, safety, or

economic welfare of the public;

(2) enforcement costs relating to the violation, including

investigation costs, witness fees, and deposition expenses;

(3) the history of previous violations;

(4) the amount necessary to deter future violations;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

(d) If the commissioner determines that a violation has

occurred, the commissioner may issue to the board a report that

states the facts on which the determination is based and the

commissioner's recommendation on the imposition of a penalty,

including a recommendation on the amount of the penalty.

(e) Within 14 days after the date the report is issued, the

commissioner shall give written notice of the report to the

person. The notice may be given by certified mail. The notice

must include a brief summary of the alleged violation and a

statement of the amount of the recommended penalty and must

inform the person that the person has a right to a hearing on the

occurrence of the violation, the amount of the penalty, or both

the occurrence of the violation and the amount of the penalty.

(f) Within 20 days after the date the person receives the

notice, the person in writing may accept the determination and

recommended penalty of the commissioner or may make a written

request for a hearing on the occurrence of the violation, the

amount of the penalty, or both the occurrence of the violation

and the amount of the penalty.

(g) If the person accepts the determination and recommended

penalty of the commissioner, the board by order shall approve the

determination and impose the recommended penalty.

(h) If the person requests a hearing or fails to respond timely

to the notice, the commissioner shall set a hearing and give

notice of the hearing to the person. The administrative law judge

shall make findings of fact and conclusions of law and promptly

issue to the board a proposal for a decision about the occurrence

of the violation and the amount of a proposed penalty. Based on

the findings of fact, conclusions of law, and proposal for a

decision, the board by order may find that a violation has

occurred and impose a penalty or may find that no violation

occurred.

(i) The notice of the board's order given to the person under

Chapter 2001, Government Code must include a statement of the

right of the person to judicial review of the order.

(j) Within 30 days after the date the board's order is final as

provided by Subchapter F, Chapter 2001, Government Code, the

person shall:

(1) pay the amount of the penalty;

(2) pay the amount of the penalty and file a petition for

judicial review contesting the occurrence of the violation, the

amount of the penalty, or both the occurrence of the violation

and the amount of the penalty; or

(3) without paying the amount of the penalty, file a petition

for judicial review contesting the occurrence of the violation,

the amount of the penalty, or both the occurrence of the

violation and the amount of the penalty.

(k) Within the 30-day period, a person who acts under Subsection

(j)(3) may:

(1) stay enforcement of the penalty by:

(A) paying the amount of the penalty to the court for placement

in an escrow account; or

(B) giving to the court a supersedeas bond that is approved by

the court for the amount of the penalty and that is effective

until all judicial review of the board's order is final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person

stating that the person is financially unable to pay the amount

of the penalty and is financially unable to give the supersedeas

bond; and

(B) giving a copy of the affidavit to the commissioner by

certified mail.

(l) The commissioner on receipt of a copy of an affidavit under

Subsection (k)(2) may file with the court within five days after

the date the copy is received a contest to the affidavit. The

court shall hold a hearing on the facts alleged in the affidavit

as soon as practicable and shall stay the enforcement of the

penalty on finding that the alleged facts are true. The person

who files an affidavit has the burden of proving that the person

is financially unable to pay the amount of the penalty and to

give a supersedeas bond.

(m) If the person does not pay the amount of the penalty and the

enforcement of the penalty is not stayed, the commissioner may

refer the matter to the attorney general for collection of the

amount of the penalty.

(n) Judicial review of the order of the board:

(1) is instituted by filing a petition as provided by Subchapter

G, Chapter 2001, Government Code; and

(2) is under the substantial evidence rule.

(o) If the court sustains the occurrence of the violation, the

court may uphold or reduce the amount of the penalty and order

the person to pay the full or reduced amount of the penalty. If

the court does not sustain the occurrence of the violation, the

court shall order that no penalty is owed.

(p) When the judgment of the court becomes final, the court

shall proceed under this subsection. If the person paid the

amount of the penalty and if that amount is reduced or is not

upheld by the court, the court shall order that the appropriate

amount plus accrued interest be remitted to the person. The rate

of the interest is the rate charged on loans to depository

institutions by the New York Federal Reserve Bank, and the

interest shall be paid for the period beginning on the date the

penalty was paid and ending on the date the penalty is remitted.

If the person gave a supersedeas bond and if the amount of the

penalty is not upheld by the court, the court shall order the

release of the bond. If the person gave a supersedeas bond and if

the amount of the penalty is reduced, the court shall order the

release of the bond after the person pays the amount.

(q) A penalty collected under this section shall be remitted to

the comptroller for deposit in the general revenue fund.

(r) All proceedings under this section are subject to Chapter

2001, Government Code.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 3.11, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

(53), (59), eff. Sept. 1, 1995.

Sec. 571.026. RECOVERY OF COSTS. If the attorney general brings

an action to enforce an administrative penalty assessed under

this chapter and the court orders the payment of the penalty, the

attorney general may recover reasonable expenses incurred in the

investigation, initiation, or prosecution of the enforcement

suit, including investigative costs, court costs, reasonable

attorney fees, witness fees, and deposition expenses.

Added by Acts 1993, 73rd Leg., ch. 705, Sec. 3.111, eff. Sept. 1,

1993.

Sec. 571.027. ADVISORY COMMITTEE ON INPATIENT MENTAL HEALTH

SERVICES. (a) The board shall appoint an advisory committee on

inpatient mental health services to advise the board on:

(1) issues and policies related to the provision of mental

health services in a facility described by Section 571.003(9)(B)

or (E);

(2) coordination and communication between the department, the

Texas Department of Health, and facilities described by Section

571.003(9)(B) or (E) to address consistency between the agencies

in interpretation and enforcement of agency policies and other

rules; and

(3) training for inpatient mental health facility surveyors or

investigators.

(b) The board shall appoint to the committee:

(1) three representatives of hospitals, at least two of whom

represent a facility described by Section 571.003(9)(B) or (E);

(2) three consumers of mental health services, each of whom has

received treatment in a facility described by Section

571.003(9)(B) or (E);

(3) two physicians licensed under Subtitle B, Title 3,

Occupations Code, who practice psychiatry and are board certified

in psychiatry, at least one of whom is board certified in child

and adolescent psychiatry; and

(4) one family member of a person who has been a consumer of

mental health services provided by a facility described by

Section 571.003(9)(B) or (E).

(c) The Texas Board of Health shall provide the advisory

committee with two persons to represent the Texas Department of

Health. The representatives may address the advisory committee on

any issue relevant to a matter before the advisory committee, but

the representatives may not vote on any matter. The Texas Board

of Health shall consider designating an inpatient mental health

facility surveyor or investigator to be a representative under

this subsection.

(d) Except for persons who represent the Texas Department of

Health designated under Subsection (c), members of the advisory

committee serve staggered four-year terms. A member's term

expires on August 31 of the fourth year following the member's

appointment.

(e) The board shall fill vacancies on the board in the same

manner as the original appointment.

(f) The committee shall meet not fewer than four times each

calendar year.

(g) Section 2110.008, Government Code, does not apply to the

advisory committee.

Added by Acts 1997, 75th Leg., ch. 1027, Sec. 2, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 745, Sec. 1, eff. June

13, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.803, eff. Sept.

1, 2001.