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AF'F'Rf]VAI_ Of~ :CNTEF:L..OCAL_ RL~iC•iL.:~:ME~NT F'L7Ei
I'IFI~I'iAL Hk`.AL.'T'F•1 ANb ChIE=M1:CAL_ AC-m'F'ENUE"N(:Y
Of.IMM'f.'T'ME:hI'T'S RT Kh'E'tC2V7:LL_E:: SiTATF•_
I-IUrF':f.l'AL_ F'Ok HIDALGO C:OIJNTY
Oil tha.s> daffy the i.3th day of Ju7.y, ].']9C3 upoi~i moti.orr made by
Commissioner Tialdw:in, seconded by L'onuni.s<.:>ioner Letz, the (,curt
unanimously approved by a vote of 4-•0-0, the :i.nte'r].oca1
agr+;xamen•t for mcn•itai7. I'ieal.th and ch+•ami.c::<•ia. dependency
conunil:ments alt N.er•rville C3tate Hosp:Lta:L for I••li.dall~o County.
' COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH uNE UttiC;iNAL AND FIVE COPIES OF THIS REvi1EST r~iv'v DOCi1MENTS
TO BE REVIEWED BY THE COURT.
MADE BY: BILLIE G MEEKER OFFICE: ~nrTeTmv rrEF~i
MEETING DATE
JULY 13, 1998
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) APPROVAL OF INTERT Or'AT AQRFFMFNT FnR
MENTAL HEALTH AND CHEMICAL DEPENDENCY COMMITMENTS AT KERRVILLE
STATE HOSPITALFOR HIDALGO COUNTY, DATED SEPT. 1997
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT:
5 min.
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will
be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda
Request Rules Adopted by Commissioners' Court.
J ~.

STRTE OF TEXAS )(
COUNTY OF KERR >(
INTERLOCAL AGREEMENT FOR
MENTAL HEALTH RND CHEMICAL DEPENDENCY
COMMITMENTS AT KERRVILLE STRTE HOSPITAL
This Rgreement is entered into on this 16th day of SEPT. ,
197 , pursuant to the terms of Texas Government Code, Chapter 791, by
and between the Commissioner's Court of HIDALGO County, Texas,
hereinafter "HIDALGO ," and the Commissioner's Court of Kerr
County, Texas, hereinafter^ "Kerr^," for the purpose of providing
certain services r^elating to mental and chemical dependency commitment
hearings for- residents of HIDALGO County at the State at
Kerrville State Hospital.
WHEREAS, HIDALGO
residents who are in need
State Hospital, located in
County, Texas, on occasion has
of involuntary commitment to the Kerrville
Kerrville, Kerr^ Co~_inty, Texas; and
WHEREAS, the 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, Chapter 462 of the Code, tTr^eatment of Chemically
Dependent Persons), provides for the involuntary commitment of those
persons deemed to be chemically dependent and who meet the criteria
for commitment; and
WHEREAS, Section 574.001 (b) provides that an application far
court-ordered mental health services must be filed with the county
cler^k in the county in which the proposed patient:
(1) resides;
(2) is found; ar
(3) is r^eceiving mental health ser'vices by court order or
under Subchapter A, Chapter 573 (Apprehension by a F'eace
Officer Without a Warrant); and
WHEREAS, Section 462.062 (b> provides that an application for
court-ordered treatment for^ chemically dependent persons must be filed
with the county clerk in the county in which the proposed patient:
(1) resides;
(~) is found; or
(3> is receiving treatment by cour^t or'der' or under Section
46.041 (Apprehension by a Peace Officer Without a
Warrant); and
WHEREAS, both HIDALGO County and Kerr County have
.jurisdiction over such proceedings where the proposed patient is a
r-esident of HIDALGO County and is either found in Kerr
County, is receiving court-ordered mental health services or• treatment
for chemical dependency, or is brought to the Kerrville State Hospital
by a peace officer without a warrant under the provision of 46:'_.041 or
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 patients, witnesses, and
attorneys to and from HIDALGO County for such hearings, it is
impractical for• HIDALGO County to hold temporary and extended
commitment hearings within the geographical confines of HIDALGO
County; and
WHEREAS, HIDALGO County finds that the most appropriate,
safe, and expeditious site for said hearings is the Kerrville State
Hospital, in Kerrville, Ker•r• County, Texas, and desires that the
hearings be held by the proper Kerr• County ,judicial officer with
jurisdiction over such matters within Kerr 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
t the authority granted by Chapter 791 of the Texas Government Code
(the Interlocal Cooperation Act>;
NOW THEREFORE, be it resolved that HIDALGO County and
Kerr County agree to enter- into this Interlocal Cooperation Agreement,
and the parties agree as follows:
Section 1. TERM
2.1 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 co~.irts for subsequent one-year terms beginning on
October- 1st and ending on September- 30th of each contract period.
a. To renew this Agreement HIDALGO shall for-ward a
request to the County Clerk of Ker^r^ County requesting a
statement of proposed costs for• the next budget year. If said
statement of cost is acceptable, HIDALGO shall
for^ward a certified copy of the order renewing this Agreement
to the County Judge of Kerr County prior to August 1st of the
b~_~dget year preceding the renewal period.
b. Kerr shall either accept or decline the offer- to renew by
formal or•der• of the commissioners court and shall forward a
certified copy of said order to the County Judge of HIDALGO
County on or• before September 1st of the budget year- preceding
the renewal period.
2.2 Either party may cancel this agreement for any reason by
notifying the other in writing at least thirty (30) days prior to the
effective date of the cancellation. All amounts due and owing to Kerr
County pursuant to this agreement on the effective date of
cancellation shall be paid by HIDALGO County within sixty days
of the receipt of any bill or the date of cancellation, whichever is
later.
Section 3. DEFINITIONS
3.1 "Resident" as that term is used herein shall have the same
meaning as that term has been defined in the Indigent Health Care Act
and as that term has been applied and construed 6y the Courts.
Section 4. FUNDING REQUIREMENTS
4.1 HIDALGO County agrees that all funds due under the terms of
this agreement shall be payable out of current revenues and that it
shall set aside a fund in an amount sufficient to satisfy any
obligation created by this agreement.
4.E Any order of the Commissioners Court of HIDAL[,[1 County
which renews this Agreement shall be deemed to be a certification that
the obligation incurred by the renewal shall be payable out of current
revenues and that HIDALGO it has or will, set aside a fund
in an amount sufficient to satisfy any obligation created by this
agreement.
Section 5. DUTIES OF KERR COUNTY
5.1 Ker•r• County agrees that it will assume jurisdiction over all
court-ordered mental health proceedings and chemical dependency
treatment matters which concern residents of HTDAi.C.D County
that are properly filed in or' transferred to the Kerr• County Court
with jurisdiction.
5.2 Kerr County shall have no duty to accept jurisdiction ar proceed
with any court-ordered commitment or treatment proceeding where the
terms of this contract have not been complied with, including
non-payment.
5.3 It is under•staod and agreed that pursuant to 462.0Q4 and 571.Q~16
of the Texas Health and Safety Code, the County Attorney far Ker•r-
County is the attorney for the State in any hearing covered by this
agreement and therefore retains all of the independent discretionary
authority given by the statutes 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 6y this Agreement, including appeal, and as to the means and
methods employed.
Section 6. DUTIES OF RERR COUNTY
6.01 RERR County agrees and warrants that it will follow all
appr^opr•iate statutory procedures and shall implement s~xch other
procedur^es 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 na person fr^om
HIDALGO County will be referred to the Kerrville 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.
6.02 Should any HIDALGO County resident who was detained under
the authority of the emer-gency detention provisions of Chapter 573 of
the Code be found to be entitled to release, HIDALGO County
shall pay the cost of transporting that person to the location of the
person's apprehension, the person's residence, yr another suitable
location, as required by 573.024 of the Code.
6.03 HIDALGO County agrees to pay to Kerr County the following
costs associated with any hearing conducted by Kerr• County Officials
as authorized under 462.005 (chemical dependency) and 571.018 (mental
health);
For Chemical Dependency Cases:
a. court-appointed attorney fees;
b. physician examination fees;
c. compensation for language ar sign interpreters;
d. compensation for master^s;
e, expenses to transport a patient to a hearing or to a
treatment facility
For Mental Health Cases:
a. attorneys fees;
b. physician examination fees;
c. reasonable compensation to court-appointed attorney,
physicians, language interpreters, sign interpreters, and
masters appointed ~_inder Subtitle C;
d. expenses of transportation to a department mental health
facility or to a federal agency;

e. court or^dered independent psychiatric evaluations and
court approved expenses incurred in obtaining expert
testimony, as authorized by 574.010 of the Code.
Far all Cases:
All other caur^t costs, set by law, and such other' costs set by
order of the Kerr County Commissioners Court under authority
of law.
All cost authorized by law for appeals to a Texas Court. of
appeals and to the Texas Supr^eme Court.
All costs, including bonds, author^ized or mandated by law for'
any proceedings in Federal Cour^t involving a HIDALGO
County resident covered by this Agreement.
E. 04 RRRR County agrees that it shall be responsible for
obtaining repayment far its costs incurred pur^suant to this agreement
from the patient and/or the patient's family or^ estate.
RTnar.rn County agrees further that failure on its part to recover
such payments shall have no effect on it's liability to Ker^r County
for such costs.
Section 7. PRYMENTS
7.01 All bills for costs shall be submitted to the County Judge of
ICERR County, Texas, at the address below and all
payments due under' this agreement shall be paid to the County Clerk of
Kerr County, Texas, 700 E. Main, Kerrville, Texas, 78028.
Section 8. MISCELLANEOUS
8.01 Any and all notices which may be requir^ed 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 fur'Wish in writing to
the other- party herein named:
RENATO CUELLAR , County Judge
HIDALGO , Co~.~nty, Texas
100 E. CANO
EDINBURG , Texas 78539
Rober^t A. Denson, County Judge
Kerr County, Texas
Kerr County Courthouse
700 East Main Street
Kerrville, Tx 78028
8.02 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- agent of any party, which is not contained in
this Rgr-eement shall 6e binding or valid.
8.03 The obligations and undertakings of each of the parties to this
agreement shall be performable in Kerr^ County, Texas.
Date: 9/16/97
COUN Y JUDGE
__~ COUNTY
AP'P'ROVED:
County Attorney
AF'pRO''V~~EDII--// //''~
~y/~flN~
Da d Motle
Ker^r Count Attor-ney
Date : .,~~
~~
~~c~~
Kerr County Clerk
~'~ ~ o~-d---~Z~c~s
This Agreement was adopted by the Commissioners Court of Kerr^ County,
Kerrville, Texas, by Order Number ~5~3~ , on the 1'~'°''' day
of Sum ~ , 19~,and by the Commissioners' Court of
County, Texas, on the day of
, 19
KERR COUNTY CLERK'S FEES 97-98
+~MEDICAL PETITION FEES
~rTEMPORARY
ORC - 90 DAYS
*EXTENDED
1 YEAR
-ATTORNEY AD LITEM FEES:
COUNTY CLERK'S FEE	f	40.@0
JUDICIAL EDUCATION FEE	f	3.00
JUDGE'S FEE	f	5.00
SHERIFF'S FEE	f	45.@0
~t ATTORNEY AD LITEM	f	
RECORDS MRNAGEMENT & PRES. FEE	f	5.00
COURTHOUSE SECURITY FEE	f	5.00
RLTERNATE DISPUTE RESOLUTION	E	10.00
COURT REPORTER SERVICE FEE	f	15.00
FOURTH COURT OF APPEALS FEE	f	5.00
SP 1534 - INDIGENT FEE	f	5.00
COUNTY CLERK'S FEE	f	40.00
JUDICIAL EDUCATION FEE	f	3.00
~-~- JURY FEE tIF NEEDED)	f	90.00
JUDGE'S FEE	f	5.@0
SHERIFF'S FEE	f	45.00
it ATTORNEY AT LITEM	S	
RECORDS MANAGEMENT & PRES. FEE	f	5.00
COURTHOUSE SECURITY FEE	f	5.00
ALTERNATE DISPUTE RESOLUTION	f	10.00
COURT RERDRTER SERVICE FEE	f	15.00
FOURTH COURT OF APPEALS FEE	$	5.00
SS 1534 - INDIGENT FEE	f	5.00
COUNTY CLERK'S FEE	f	40.00
JUDICIAL EDUCATIONI FEE	f	3.00
~x-~r JURY FEE t IF NEEDED)	f	90.0@
JUDGE'S FEE	f	5.00
SHERIFF'S FEE	f	45.@@
~t ATTORNEY AD LITEM		
REGDRDS MRNAGEMENT & PRES. FEE	f	5.00
COURTHOUSE SECURITY FEE	S	5. 0@
ALTERNATE DISPUTE RESOLUTION	$	10.00
COURT REPORTER SERVICE FEE	f	15.00
FOURTH COURT OF APPEALS FEE	f	5.00
SB 1534 - INDIGENT FEE	f	5.00
(50.00 RER HOUR
f25.00 F'ER HALF-HOUR
~~JURY IF 6 PEOPLE SERVE IS (15.00 A DAY - (90.00
*~+~JURY IF A PERSON REPORTS RND DOES NOT SERVE IS fEi.00 EACH
h
KERR COUNTY CLERK+S FEES 97-98
CONTINUED
+~RENEWAL EXTENDED
1 YEAR
COUNTY CLERK'S FEE	f
JUDICIAL EDUCATIOtd FEE	f
*+~ JUP.Y FEE t IF tJEEDEDi	f
JUDGE+S FEE	f
SHERIFF+S FEE	i
~ ATTORNEY AD LFTEM	E
RECORDS MANAGEMENT & PRES. FEE	f
COURTHOUSE SECURITY FEE	f
ALTERNATE DISPUTE RESOLUTION	E
COURT REPORTER SERVICE FEE	5
FOURTH COURT OF APPEALS FEE	f
SB 1534 - ItdDIGENT FEE	f
4@. @@
J. @@
9@. 0@
5. 00
45. @@
5. @@
5. @@
1@.@0
15. @0
5. 0@
5. @@
+tATTORNEY AD LITEM FEES:
E5@.@@ PER HOUR
E25.@@ PER HALF HOUR
~~JURY IF 6 PEOPLE SERVE IS E15.@@ A DAY - f9@.@@
+~+:JURY IF A PERSON REPORTS AND DOES NOT SERVE IS f6.@@ EACH
+IF DISMISSED THERE IS A LITTLE DIFFERENCE IN FEES: