STATE OF TEXAS § O ~ ~ ~ ~ ~ t
§ ~v
COUNTY OF BEXAR §
INTERLOCAL AGREEMENT
FOR MENTAL HEALTH COMMITMENTS
This Agreement is entered into on this ~ day of ~1 • , 1997, pursuant to the
terms of Texas Government Code, Chapter 791; by and between the Commissioner's Court of
Bexar County, Texas, hereinafter "Bexar," and the Commissioner's Court of Kerr County,
Texas hereinafter "Kerr, " for the purpose of providing certain services relating to mental health
commitment hearings for residents of Bexar, County at the Kerrville State Hospital and residents
of Kerr County at the San Antonio State Hospital, should the occasion arise for same.
WHEREAS, Bexar County, Texas, on occasion has residents who are in need of
involuntary commitment to the Kerrville State Hospital, located in Kerrville, Kerr County,
Texas; and
WHEREAS, Kerr County, Texas, on occasion, has or may have residents who are in
need of involuntary commitment to the San Antonio State Hospital, located in San Antonio,
Bexar County Texas; and
WHEREAS, Chapters 571 (General Provisions), 573 (Emergency Detention), and 574
(Court-Ordered Mental Health Services), of the Texas Health and Safety Code, hereinafter
"Code", provide for the involuntary commitment of those persons deemed to be mentally ill and
who meet the criteria for commitment; and
WHEREAS, Section 574.001 (b) provides that an application for court-ordered mental
health services must be filed with the county clerk in the county in which the proposed patient:
(1) resides;
(2) is found; or
(3) is receiving mental health services by court order or under
Subchapter A, Chapter 573 (Apprehension by a Peace Officer
Without a Warrant); and
WHEREAS, both Bexar County and Kerr County have jurisdiction over such proceedings
where the proposed patient is a resident of Bexar County and is either found in Kerr County,
is receiving court-ordered mental health services or is brought to the Kerrville State Hospital by
a peace officer without a warrant under the provision of Subchapter A, Chapter 573 of the Texas
Health and Safety Code; and
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WHEREAS, both Bexar County and Kerr County have jurisdiction over such proceedings
where the proposed patient is a resident of Kerr County and is either found in Bexar County,
is receiving court-ordered mental health services, or is brought to the San Antonio State Hospital
by a peace officer without a warrant under the provision of Subchapter A, Chapter 573 of the
Texas Health and Safety Code; and
WHEREAS, given the time constraints set out in the code, and the difficulty and expense
of transporting patient, witnesses, and attorneys to and from the proposed patient's county for
such hearings, it is at times impractical for the proposed patient's county to hold temporary and
extended commitment hearings within the geographical confines of the proposed patient's county;
and
WHEREAS, the public health, safety, and welfare of the citizens of both counties, as
well as proposed patients, would be best served by entering into this Interlocal Cooperation
Agreement pursuant to the authority granted by Chapter 791 of the Texas Government Code (the
Interlocal Cooperation Act);
NOW THEREFORE, be it resolved that Bexar County and Kerr County, agree to enter
into this Interlocal Cooperation Agreement, and the parties agree as follows:
Section 1. TERM
1.1 This Agreement is to be effective on the date that it is approved by order of the
commissioners court of each county, and is to end on September 30, 1998, unless renewed by
mutual orders of the respective commissioners courts for subsequent one-year terms beginning
on October 1st and ending on September 30th of each contract period.
1.2 Either parry may cancel this agreement for any reason by notifying the other in writing
at any time. All amounts due and owing to either county pursuant to this agreement on the
effective date of cancellation shall be paid within sixty (60) days of the receipt of any bill or the
date of cancellation, whichever is later.
Section 2. DEFINITIONS
2.1 "Resident" as that term is used herein shall have the same meaning as that term has been
defined in the Indigent Health Care and Treatment Act, Tex. Health & Safety Code § 61.003
(Vernon 1992), and as that term has been applied and construed by law.
Section 3. DUTIES
3.1 Kerr County agrees that it will assume jurisdiction over all court-ordered mental health
proceedings which concern residents of Bexar County that are properly filed in or transferred
to the Kerr County Court with jurisdiction; Bexar County agrees that it will assume jurisdiction
over all court-ordered mental health proceedings which concern residents of Kerr County that
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are properly filed in or transferred to the Bexar County Court with jurisdiction. Each county
agrees to obtain prior approval when feasible from the proposed patient's county on all
administrative transfers from the state hospital where the proposed patient resides.
3.2 Neither Kerr County nor Bexar County shall have a duty to accept jurisdiction or proceed
with any court-ordered commitment where the terms of this contract have not been complied
with, including non-payment.
3.3 It is understood and agreed that pursuant to 571.016 of the Texas Health and Safety
Code, the County Attorney for Kerr County is the attorney for the State in any hearing
conducted in Kerr County and covered by this agreement and therefore retains all of the
independent discretionary authority given by the statues and Constitution of the State of Texas;
likewise, the County Attorney for Bexar County is the attorney for the State in any hearing
conducted in Bexar County and covered by this agreement and therefore retains all of the
independent discretionary authority given by the statues and Constitution of the State of Texas.
This agreement shall not be construed to limit that authority in any form or fashion and the
decision of the County Attorney is final as to whether the State will proceed in any action
covered by this Agreement, including appeal, and as to the means and methods employed.
3.4 Each county agrees and warrants that it will follow all appropriate statutory procedures
and shall implement such other procedures and training necessary to ensure that no violation of
the constitutional rights of any proposed patient occurs, and that in seeking the commitment of
the proposed patient no person will be referred to either Kerrville State Hospital or the San
Antonio State Hospital unless the patient has been evaluated and examined by a licensed
physician; a certificate has been properly issued; the patient has been warned of the non-
confidentiality of the physician interview; and that all other necessary steps have been taken to
assure that the proposed patient's constitutional and statutory rights have been preserved.
3.5 Should any Bexar County or Kerr County resident who was detained under the authority
of the emergency detention provisions of Chapter 573 of the Code be found to be entitled to
release, the resident's county shall pay the cost of transporting that person to the location of the
person's apprehension, the person's residence, or another suitable location, as required by
573.024 of the Code.
3.6 Each county agrees to pay reasonable and necessary costs associated with any hearing
conducted by Kerr County Officials or Bexar County Officials as authorized under 571.018 and
574.010 Tex. Health & Safety Code. Said amount shall not exceed Seventy-Five Thousand
Dollars ($75,000.00) in any fiscal year without the approval of the commissioners court of the
county issuing payment.
Further both Kerr County and Bexar County agree to pay the following, as applicable:
All other court costs, set by law, and such other costs set by order of the Kerr County
Commissioners Court and/or the Bexar County Commissioners Court provided said costs
are legally authorized.
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All cost authorized by law for appeals to the Texas Court of Appeals and to the Texas
Supreme Court.
All costs, including bonds, authorized or mandated by law for any proceedings in Federal
Court involving a Bexar County or Kerr County resident covered by this Agreement.
3.7 Both Kerr County and Bexar County agree that to the extent each county is responsible
for certain costs previously specified, each shall be responsible for obtaining repayment for costs
incurred pursuant to this agreement from the patient and/or the patient's family or estate. Ken
County and Bexar County agree further that failure on their part to recover such payments shall
have no effect on their liability to the other county for such costs.
Section 4. PAYMENTS
4.1 All bills for costs and/or payment shall be promptly submitted to the County Clerk of
Bexar County, Texas, at the address below and the County Clerk of Kerr County, Texas, 700
E. Main, Kerrville, Texas 78028.
4.2 Payment is due within sixty (60) days after date of receipt of a complete bill of cost as
noted on the certified return. Said bill of costs shall be signed and sealed by the clerk and
further, shall include a copy of the judgment. Payment made after sixty (60) days from date of
receipt of bill of cost shall accrue interest at the rate of ten percent (10%) per annum.
Section 5. MISCELLANEOUS
5.1 Any and all notices which may be required under the terms of the Agreement shall be
mailed to the parties at the addresses indicated below, or at such address as either party may
furnish in writing to the other party herein named:
Gerry Rickhoff, Bexar County Clerk
Bexar County Courthouse
100 Dolorosa, Suite 108
San Antonio, Texas 78205-3083
Robert A. Denson, County Judge
Kerr County, Texas
Kerr County Courthouse
700 East Main Street
Kerrville, Texas 78028
Cyndi Taylor Krier
Bexar County Judge
Bexar County Courthouse
100 Dolorosa, 1st Floor
San Antonio, Texas 78205
5.2 This agreement contains the entire Agreement of the parties with respect to the matters
covered by this Agreement. No other agreement, statement, or promise made by any party, or
to any employee, officer, or agency of any party, which is not contained in this Agreement shall
be binding or valid.
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5.3 In case any one or more of the provisions and/or fees contained in this contract shall for
any reason be determined by either a court of competent jurisdiction or the Attorney General to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision of the contract, and this contract shall be construed as if the
invalid, illegal, or unenforceable provision had never been included in the contract.
5.4 No amendment, modification, or alteration of the terms of this contract shall be binding
unless it is in writing, dated subsequent to the date of this contract, and duly executed by the
parties to this contract.
Date: ~ v ,~.. 1~ y 7
n ~~
CYNDI T. KRIER
Bexar County Judge
Date:
GE CKHOFF
Bexar County Clerk
APPROVED AS TO LEGAL FORM:
STEVEN C. HILBIG
Criminal District Attorney
Bexar County, Texas
By: MA DALENA L. D A ME
Assistant Criminal District
Attorney -Civil Section
Date: 12/22/1997
CONTENT:
DANIEL C. JO
Bexar~County A
_~_~!~
5. MARC S JAHNS ~~--'
Bexar Cou ty Budget Of r
THOMAS W. POLLA
Attorney for Kerr County ~ .
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Date: 12/22/1997 ~ ~.•• •.,.~'
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R BERT A. ON, -~ Billie C3, l~e}cer '~ ' -••~^'
Kerr Count Jude Kerr Coun Clerk '• `~' ~~
This Agreement was adopted by the Commissioners Court of Kerr County, T~e~i~l~, Tebc~s, by
Order Number 25160 on the 22~m day of DDC- ; ,
19 97 ,and by the Commissioners' Court of Bexar County, Texas, on the / g ~-y- day of
~'1____ rte= .~~..Q n~ 19~_.
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~VTY OF B~`
STEVEN C. HILBIG
BEXAR COUNTY CRIMINAL DISTRICT ATTORNEY
BEXAR COUNTY JUSTICE CENTER
300 DOLOROSA, SUITE 5072
SAN ANTONIO, TEXAS 78205-3030
(210) 220-2311
December 5, 1997
Thomas W. Pollard
Attorney at Law
951 Main Street
Kerrville, Texas 78028-3598
Re: Interlocal Agreement For Mental Health Commitments
Dear Mr. Pollard:
Enclosed please find four (4) original signed copies of the Interlocal Agreement for
Mental Health Commitments.
Should this meet with your approval, please obtain all the necessary signatures and return
two original copies to me so that these may be filed for record in the Commissioners Court
record of Bexar County.
I look forward to hearing from you and greatly appreciate your understanding and
assistance in this matter.
incerely,
L., k~.. ~ . ~--
MAGDALENA L. DeSALME
Assistant Criminal District Attorney
Bexar County Justice Center
300 Dolorosa, Ste. 4049-Civil Section
San Antonio Texas 78205-3030
Phone No: 335-2139/Fax No: 335-2151
MLD/jas