Relating to the certificate of medical examination for chemical dependency and the duration of court-ordered treatment for a person with a chemical dependency, the official text

H.B. No. 171

AN ACT

relating to the certificate of medical examination for chemical

dependency and the duration of court-ordered treatment for a person

with a chemical dependency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Anell Borrego Act.

SECTION 2. Section 462.001, Health and Safety Code, is

amended by adding Subdivision (4) to read as follows:

(4) "Commission" means the Health and Human Services

Commission.

SECTION 3. Section 462.064(c), Health and Safety Code, is

amended to read as follows:

(c) A certificate must be dated and signed by the examining

physician. The certificate must include:

(1) the name and address of the examining physician;

(2) the name and address of the proposed patient;

(3) the date and place of the examination;

(4) the period, if any, during which the proposed

patient has been under the care of the examining physician;

(5) an accurate description of the treatment, if any,

given by or administered under the direction of the examining

physician; and

(6) the examining physician's opinion stating

[opinions whether] the proposed patient is a person with a chemical

dependency and, as a result of that chemical dependency:

(A) is likely to cause serious harm to the

person;

(B) is likely to cause serious harm to others; or

(C) will continue to suffer abnormal mental,

emotional, or physical distress and to deteriorate in ability to

function independently if not treated and is unable to make a

rational and informed choice as to whether or not to submit to

treatment.

SECTION 4. Section 462.069(a), Health and Safety Code, is

amended to read as follows:

(a) Except as provided by Section 462.080(b), the [The]

court shall commit the proposed patient to a treatment facility

approved by the commission [department] to accept court commitments

for at least 30 days but not more than 90 days if:

(1) the proposed patient admits the allegations of the

application; or

(2) at the hearing on the merits, the court or jury

finds that the material allegations in the application have been

proved by clear and convincing evidence.

SECTION 5. Section 462.075(f), Health and Safety Code, is

amended to read as follows:

(f) Except as provided by Section 462.080(b), the [The]

court shall commit the proposed patient to a treatment facility

approved by the commission [department] to accept commitments for

at least 30 days but not more than 90 days if:

(1) the proposed patient admits the allegations of the

application; or

(2) at the hearing on the merits, the court or jury

finds that the material allegations in the application have been

proved by clear and convincing evidence.

SECTION 6. Section 462.080(b), Health and Safety Code, is

amended to read as follows:

(b) The administrator may discharge a patient before the

court order expires if the administrator or physician treating the

patient determines that the patient no longer meets the criteria

for court-ordered treatment.

SECTION 7. Sections 462.081(a) and (d), Health and Safety

Code, are amended to read as follows:

(a) Except as provided by Section 462.080(b), the [The]

judge of a court with jurisdiction of misdemeanor cases may remand

the defendant to a treatment facility approved by the commission

[department] to accept court commitments for care and treatment for

at least 30 days but not more than 90 days, instead of incarceration

or fine, if:

(1) the court or a jury has found the defendant guilty

of an offense classified as a Class A or B misdemeanor;

(2) the court finds that the offense resulted from or

was related to the defendant's chemical dependency;

(3) a treatment facility approved by the commission

[department] is available to treat the defendant; and

(4) the treatment facility agrees in writing to admit

the defendant under this section.

(d) Except as provided by Section 462.080(b), a [A] juvenile

court may remand a child to a treatment facility for care and

treatment for at least 30 days but not more than 90 days after the

date on which the child is remanded if:

(1) the court finds that the child has engaged in

delinquent conduct or conduct indicating a need for supervision and

that the conduct resulted from or was related to the child's

chemical dependency;

(2) a treatment facility approved by the commission

[department] to accept court commitments is available to treat the

child; and

(3) the facility agrees in writing to receive the

child under this section.

SECTION 8. The changes in law made by this Act apply only to

an application for court-ordered treatment for chemical dependency

that is filed on or after the effective date of this Act. An

application that is filed before the effective date of this Act is

governed by the law as it existed immediately before that date, and

that law is continued in effect for that purpose.

SECTION 9. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 171 was passed by the House on April

25, 2025, by the following vote: Yeas 117, Nays 20, 1 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 171 on May 28, 2025, by the following vote: Yeas 109, Nays 27,

2 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 171 was passed by the Senate, with

amendments, on May 23, 2025, by the following vote: Yeas 28, Nays

3.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor