RQ-0538-KP
Requestor:
Ms. Cindy Havelka
Fayette County Auditor
143 North Main Street, Suite A
La Grange, Texas 78945
Re: Authority of a sheriff to contract with other local governments and private entities for the off-duty work of sheriff deputies in certain circumstances (RQ-0538-KP)
Briefs requested by June 7, 2024
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202402163
Justin Gordon
General Counsel
Office of the Attorney General
Filed: May 14, 2024
Opinion No. KP-0464
The Honorable John Creuzot
Dallas County District Attorney
500 Elm Street, Suite 6300
Dallas, Texas 75202
Re: Construction of Health & Safety Code section 571.018 with respect to payment of court filing fees and costs in a civil mental health commitment case (RQ-0521-KP)
S U M M A R Y
The Mental Health Code assigns responsibility for costs associated with court-ordered mental health services. Pursuant to Health and Safety Code subsections 571.018(a) and (b), counties generally are responsible for paying filing fees for an application for court-ordered mental health services. However, subsection 571.018(i) authorizes a county to require that "a person" pay filing fees if the county first determines the fees relate to services from a private mental hospital. Under the Mental Health Code, a "person" does not include governmental entities. Accordingly, where services relate to a private mental hospital, a county may require medical facilities that are not governmental entities to pay application filing fees.
Where a county is responsible for paying filing fees for an application for court-ordered mental health services, it need not pay such fees at the time the application is filed. However, where a county instead requires payment from a "person" pursuant to subsection 571.018(i)(1), that person must pay the fees at the time of filing.
For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.
TRD-202402164
Justin Gordon
General Counsel
Office of the Attorney General
Filed: May 14, 2024