AUSTIN - When it comes to private mental hospitals, a county may require medical facilities that are not governmental entities to pay application filing fees, according to Attorney General Ken Paxton.
In November, the Dallas County District Attorney’s Office requested an AG opinion regarding several questions pertaining to civil mental health applications filing fees and costs.
The request centered on the Texas Health and Safety Code, Section 571.018.
Paxton issued an opinion yesterday, concluding that counties are generally responsible for paying filing fees for an application for court-ordered mental health services but need not pay at the time of filing.
He further concluded that a county may require an entity that is a “person” to pay such filing fees at the time of filing when it first determines that the fees relate to services by a private mental hospital.
The Mental Health Code assigns responsibility for costs associated with court-ordered mental health services.
According to the opinion, 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, the opinion states.
“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,” the opinion states. “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.”
Opinion No. KP-0464