Tex.
Health & Safety Code Section 571.018
Costs
(a)
The costs for a hearing or proceeding under this subtitle shall be paid by:(1)
the county in which emergency detention procedures are initiated under Subchapter A or B, Chapter 573 (Emergency Detention); 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 (Compensation of Court-appointed Personnel);(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 (General Provisions Relating to Hearing)(i) and (j);(6)
prosecutor’s fees authorized under Section 574.031 (General Provisions Relating to Hearing)(k); and(7)
court reporter costs.(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 (Independent Psychiatric Evaluation and Expert Testimony) 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 (General Provisions Relating to Hearing)(h) and (i).(h)
The state or a county may not pay any costs for a patient committed to a private mental hospital, other than a filing fee or other cost associated with a hearing or proceeding under this subtitle, 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 (Fees Charged by County Officers), Local Government Code, Chapter 51 (Clerks), 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)
The judge of a court conducting a hearing or proceeding under this subtitle shall order the clerk of the court to refund court costs paid or advanced for a person by an inpatient mental health facility as defined under Section 571.003 (Definitions)(9)(A), (B), (D), or (E) on the filing of an affidavit with the clerk of the court certifying that:(1)
the facility has received no compensation or reimbursement for the treatment of the person;(2)
the facility provided treatment for the person under a contract with a local mental health authority; or(3)
the facility provided treatment for the person and only received reimbursement under Medicaid.
Source:
Section 571.018 — Costs, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.571.htm#571.018 (accessed Apr. 29, 2024).
