Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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A person may not, under section 573.021 of the Health and Safety Code, be taken to the Austin State Hospital, or similar treatment facility, by private conveyance arranged for by the mental health facility that conducted the preliminary examination of the personGA-0909
Access to records, federally-funded state protection and advocacy systems for persons with mental illness or developmental disabilities may, in accordance with federal law, have access to records even if person's legal guardian objects to such accessJC-0461
Application fee under section 118.055 of Local Government Code for services of county clerk, Titus Regional Medical Center which is operated by hospital district is exempt from paying fee in mental health mattersGA-0757
Authority to file Application for Placement under Health and Safety Code section 593.041 GA-0507
Boarding homes registered by local mental health and mental retardation authorities, authority of Department of Health to regulateJM-1214
Certificate of medical examination for mental illness under Health and Safety Code section 574.009 may be issued by an individual licensed to practice medicine in this State, whether holding a doctorate degree in medicine or osteopathyKP-124
Commitment proceedings, sheriff or constable may not collect fee from patient for transportation to and fromJM-1234
Community-based services to mentally disabled person, authority of state agency to enter into contract for provision of with person's parents, sufficiency of considerationJM-1216
Contempt action in connection with Health and Safety Code section 573.012 could likely be brought by court with jurisdiction over mental health proceedingsKP-206
County responsible for paying mental health services proceeding costs under section 571.018 of the Health and Safety CodeJC-0287
Court-ordered mental health services, because Texas Mental Health Code provides that an application for court-ordered mental health services may be filed with the county clerk in the county in which the proposed patient resides, is found, or is already reGA-0244
Court-ordered mental health services, Texas Mental Health Code does not generally require a court in a county where a state hospital is located to hear matters involving patients who are receiving services at a hospital pursuant to the order of a court inGA-0244
Court-ordered mental health services, Texas Mental Health Code permits but does not require a court to hold a proceeding for court-ordered mental health services at the state hospital in the county or other location outside the county courthouseGA-0244
Designation of peace officer or law enforcement agency to execute emergency detention warrant pursuant to Health and Safety Code section 573.012KP-206
Effect of conflict of interest statutes on Interagency Council on ICF-MR FacilitiesLO90-069
Emergency detention and court-ordered treatment of chemically dependent or mentally ill persons, county may seek reimbursement of costs of clerk's services with regard toJM-1234
Emergency-detention warrant for apprehension of mentally ill person, municipal or county peace officer may executeJC-0387
Involuntary mental health commitment case, county clerk may not collect fees for filingLO94-097
Jurisdiction of mental-health proceeding involving patient receiving treatment in one county when detention or application proceedings originated in another countyJC-0364
Medication petition hearing, action is distinct from commitment action and may be assigned separate cause number and filing feeJC-0088
Mental health and substance abuse programs, administration ofGA-1081
Mental health facility, a peace officer who has taken a person into custody under chapter 573, Texas Health and Safety Code is not required to transport that individual to a medical facility for evaluation prior to taking that person to aGA-0753
Patient's psychological records, psychologist's duty to comply with subpoena for issued by agency or courtLO96-102
Person admitted to mental health facility for emergency detention must be transported to facility in accordance with section 574.045 of Health and Safety Code, i.e., by family member or friend, various civil officials, or by sheriff or constableJC-0387
Private psychiatric facilities and psychiatric care provided by general hospital, inspection and standard setting authority of Texas Department of Mental Health and Mental Retardation and Texas Department of Health overDM-0085
Privatization of mental health services, section 533.035(e) of the Health and Safety Code, which provides that "[i]n assembling a network of service providers, a local mental health and mental retardation authority may serve as a provider of services only as a provider of last resort," applies to mental health services as well as mental retardation servicesGA-0416
Probable cause hearing related to application for court-ordered mental health services, "presiding judge" who may appoint master for is judge of court in which application is pendingJC-0358
Proceedings for court-ordered mental health services conducted in Travis County, collection of costs where another county is responsible for them (Clarifies Tex. Att'y Gen. Op. No. JC-0102 (1999))JC-0222
Procurement of service providersGA-1081
Prosecutor's fee charged to county responsible for costs of mental-health proceeding, county in which mental-health hospital is located may not charge "document preparation fee" in addition toJC-0364
Reimbursement for behavioral health services under Texas Medicaid Reimbursement MethodologyGA-1089
Salary supplement fee in a proceeding for court-ordered mental health services, a commissioners court may set as a court cost and pay to the county judge who hears such matters away from the county courthouse, and an amount equal to the fee may not be dedGA-0244
State-employed physician who petitions court for authority to administer psychoactive medication, duty of county or district attorney to representLO94-073
Surrogate decision makers, chapter 597 of the Health and Safety Code providing for continues to exist after August 31, 1997 as amended by 75th LegislatureDM-0475
Use the resulting proceeds to provide community-based health, mental health, or mental retardation services, Spindletop Mental Health and Mental Retardation Services does not, under House Bill 1759 or House Bill 1023, have authority to sell or lease certain real property and toGA-0779