H.B. No. 446
 
 
 
AN ACT
relating to the terminology used in statute to refer to
intellectual disability and certain references to abolished health
and human services agencies.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CIVIL PRACTICE AND REMEDIES CODE PROVISIONS
       SECTION 1.01.  Sections 74.001(a)(11) and (18), Civil
Practice and Remedies Code, are amended to read as follows:
             (11)  "Health care institution" includes:
                   (A)  an ambulatory surgical center;
                   (B)  an assisted living facility licensed under
Chapter 247, Health and Safety Code;
                   (C)  an emergency medical services provider;
                   (D)  a health services district created under
Chapter 287, Health and Safety Code;
                   (E)  a home and community support services agency;
                   (F)  a hospice;
                   (G)  a hospital;
                   (H)  a hospital system;
                   (I)  an intermediate care facility for
individuals with an intellectual disability [the mentally
retarded] or a home and community-based services waiver program for
individuals [persons] with an intellectual disability [mental
retardation] adopted in accordance with Section 1915(c) of the
federal Social Security Act (42 U.S.C. Section 1396n), as amended;
                   (J)  a nursing home; or
                   (K)  an end stage renal disease facility licensed
under Section 251.011, Health and Safety Code.
             (18)  "Intermediate care facility for individuals with
an intellectual disability [the mentally retarded]" means a
licensed public or private institution to which Chapter 252, Health
and Safety Code, applies.
ARTICLE 2. CODE OF CRIMINAL PROCEDURE PROVISIONS
       SECTION 2.01.  Article 46C.001(4), Code of Criminal
Procedure, is amended to read as follows:
             (4)  "Intellectual disability [Mental retardation]"
has the meaning assigned by Section 591.003, Health and Safety
Code.
       SECTION 2.02.  Article 46C.105(c), Code of Criminal
Procedure, is amended to read as follows:
       (c)  The examiner shall submit a separate report stating the
examiner's observations and findings concerning:
             (1)  whether the defendant is presently a person with a
mental illness and requires court-ordered mental health services
under Subtitle C, Title 7, Health and Safety Code; or
             (2)  whether the defendant is presently a person with
an intellectual disability [mental retardation].
       SECTION 2.03.  Article 46C.201, Code of Criminal Procedure,
is amended to read as follows:
       Art. 46C.201.  DISPOSITION: NONDANGEROUS CONDUCT. (a) If
the court determines that the offense of which the person was
acquitted did not involve conduct that caused serious bodily injury
to another person, placed another person in imminent danger of
serious bodily injury, or consisted of a threat of serious bodily
injury to another person through the use of a deadly weapon, the
court shall determine whether there is evidence to support a
finding that the person is a person with a mental illness or an
intellectual disability [with mental retardation].
       (b)  If the court determines that there is evidence to
support a finding of mental illness or intellectual disability
[mental retardation], the court shall enter an order transferring
the person to the appropriate court for civil commitment
proceedings to determine whether the person should receive
court-ordered mental health services under Subtitle C, Title 7,
Health and Safety Code, or be committed to a residential care
facility to receive intellectual disability [mental retardation]
services under Subtitle D, Title 7, Health and Safety Code.  The
court may also order the person:
             (1)  detained in jail or any other suitable place
pending the prompt initiation and prosecution of appropriate civil
proceedings by the attorney representing the state or other person
designated by the court; or
             (2)  placed in the care of a responsib

Statutes affected:
Introduced: Civil Practice and Remedies Code 74.001, Family Code 51.20, Family Code 54.0408, Family Code 58.0051, Finance Code 393.624, Government Code 76.003, Government Code 125.001, Government Code 125.002, Government Code 403.252, Government Code 411.052, Government Code 411.0521, Government Code 574.088, Government Code 495.023, Government Code 499.102, Government Code 501.006, Government Code 501.056, Government Code 501.058, Government Code 501.093, Government Code 501.113, Government Code 507.031, Government Code 508.223, Government Code 508.316, Government Code 659.015, Government Code 659.016, Government Code 1401.041, Government Code 1401.061, Government Code 2052.003, Government Code 2155.202, Government Code 2155.441, Government Code 2167.001, Government Code 2171.055, Government Code 2171.104, Health and Safety Code 33.002, Health and Safety Code 281.094, Health and Safety Code 431.4031, Health and Safety Code 431.405, Health and Safety Code 613.001, Health and Safety Code 613.002, Health and Safety Code 613.003, Health and Safety Code 613.004, Health and Safety Code 613.005, Human Resources Code 221.056, Human Resources Code 244.011, Human Resources Code 244.012, Insurance Code 843.002, Insurance Code 1201.059, Insurance Code 1305.004, Insurance Code 1355.056, Insurance Code 1355.058, Insurance Code 1355.202, Insurance Code 1359.001, Insurance Code 1601.004, Labor Code 62.057, Labor Code 406.098, Labor Code 504.001, Local Government Code 244.006, Occupations Code 1701.404, Transportation Code 201.603, Tax Code 171.1011, The following provisions of the Health and Safety Code 251.011 (Government Code 403, The following provisions of the Health and Safety Code 251, Government Code 495, Insurance Code 843, Government Code 2167, Health and Safety Code 431, Finance Code 393, Government Code 2171, Health and Safety Code 613, Health and Safety Code 33, Labor Code 406, Transportation Code 201, Government Code 1401, Insuran