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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 7. MENTAL HEALTH AND MENTAL RETARDATION |
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Subtitle B. STATE FACILITIES |
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Chapter 552. STATE HOSPITALS |
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Subchapter B. INDIGENT AND NONINDIGENT PATIENTS |
Sec. 552.019. FILING OF CLAIMS
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(a) A county or district attorney shall, on the written request of the department, represent the state in filing a claim in probate court or a petition in a court of competent jurisdiction:
(1) to require the person responsible for a patient to appear in court and show cause why the state should not have judgment against the person for the costs of the patient's support, maintenance, and treatment; or
(2) if the liability arises under Subchapter D, Chapter 593, to require a person responsible for a resident to appear in court and show cause why the state should not have judgment against the person for the resident's support and maintenance in a residential care facility operated by the department.
(b) On a sufficient showing, the court may enter judgment against:
(1) the person responsible for the patient for the costs of the patient's support, maintenance, and treatment; or
(2) the person responsible for the resident for the costs of the resident's support and maintenance.
(c) Sufficient evidence to authorize the court to enter judgment is:
(1) a verified account, sworn to by the superintendent or director of the hospital in which the patient is being treated, or has been treated, as to the amount due; or
(2) a verified account, sworn to by the superintendent or director of the residential care facility in which the person with mental retardation resided or has resided, as to the amount due.
(d) The judgment may be enforced as in other cases.
(e) The county or district attorney representing the state is entitled to a commission of 10 percent of the amount collected.
(f) The attorney general shall represent the state if the county and district attorney refuse or are unable to act on the department's request.
(g) In this section:
(1) "Person responsible for a patient" means the guardian of a patient, a person liable for the support of the patient, or both.
(2) "Person responsible for a resident" means the resident, a person liable for the support of the resident, or both.
(3) "Resident" means a person admitted to a residential care facility operated by the department for persons with mental retardation.