HOUSE BILL No. 6382


     September 24, 2002, Introduced by Rep. Meyer and referred to the Committee on Civil Law and the Judiciary.


        A bill to amend 1974 PA 258, entitled

   "Mental health code,"

   by amending sections 1001a, 1020, 1022, 1024, 1026, 1028, 1030,

   1031, 1032, 1034, 1036, 1038, 1040, 1042, 1044, and 1050

   (MCL 330.2001a, 330.2020, 330.2022, 330,2024, 330.2026, 330.2028,

   330.2030, 330.2031, 330.2032, 330.2034, 330.2036, 330.2038,

   330.2040, 330.2042, 330.2044, and 330.2050), section 1001a as

   amended by 1993 PA 252.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 1001a.  (1) "Center for forensic psychiatry program" OR

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        "CENTER" means that program established by the center for foren-

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        sic psychiatry to provide services related to all of the

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        following:

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             (a)  Persons  INDIVIDUALS who are alleged to be incompetent

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        to stand trial.


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             (b)  Persons  INDIVIDUALS who are acquitted of criminal

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        charges by reason of insanity.

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             (c)  Persons  INDIVIDUALS who are transferred to the center

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        FOR FORENSIC PSYCHIATRY from places of detention or from other

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        state psychiatric hospitals.

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             (2) "Corrections mental health program" means that program

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        of the department of corrections that is responsible for the pro-

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        vision of mental health services to certain prisoners under this

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        chapter.

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             (3) "Hearing committee" means a committee appointed by the

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        corrections mental health program pursuant to section 1003c.

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             (4) "JUVENILE" MEANS AN INDIVIDUAL SUBJECT TO THE JURISDIC-

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        TION OF THE FAMILY DIVISION OF THE CIRCUIT COURT PURSUANT TO

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        SECTION 2(A)(1) OF CHAPTER XIIA OF THE PROBATE CODE OF 1939, 1939

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        PA 288, MCL 712A.2.

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             (5)  (4)  "Mental health services" means  the provision of

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        PROVIDING mental health care in a protective environment to pris-

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        oners with mental illness or mental retardation, including, but

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        not limited to, chemotherapy,  and  individual THERAPY, and group

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         therapies  THERAPY.

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             (6)  (5)  "Mental illness" means a substantial THOUGHT OR

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        MOOD disorder  of thought or mood  that significantly impairs

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        judgment, behavior, capacity to recognize reality, or ability to

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        cope with the ordinary demands of life.

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             (7)  (6)  "Mentally retarded" means significantly subaverage

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        general intellectual functioning that originates during the





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        developmental period and is associated with impairment in

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        adaptive behavior.

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             Sec. 1020.  (1) A defendant to a criminal charge  shall be

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        OR A JUVENILE FACING A CHARGE THAT WOULD BE A CRIME IF COMMITTED

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        BY AN ADULT IS presumed competent to stand trial.  He OR SHE

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        shall be determined incompetent to stand trial only if he OR SHE

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        is incapable because of his OR HER mental condition, REGARDLESS

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        OF HIS OR HER AGE, of understanding the nature and object of the

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        proceedings against him OR HER or of assisting in his OR HER

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        defense in a rational manner.  The court shall determine the

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        capacity of a defendant OR JUVENILE to assist in his OR HER

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        defense by his OR HER ability to perform the tasks reasonably

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        necessary for him OR HER to perform in the preparation of his OR

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        HER defense and during his OR HER trial.

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             (2) A defendant OR JUVENILE shall not be determined incompe-

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        tent to stand trial because psychotropic drugs or other medica-

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        tion have been or are being administered under proper medical

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        direction, and even though without  such  THE medication the

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        defendant OR JUVENILE might be incompetent to stand trial.

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        However,  when  IF the defendant OR JUVENILE is receiving such

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        medication, the court may,  prior to  BEFORE making its determi-

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        nation on the issue of incompetence to stand trial, require the

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        filing of a statement by the treating physician that  such  THE

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        medication will not adversely affect the defendant's OR

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        JUVENILE'S understanding of the proceedings or his OR HER ability

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        to assist in his OR HER defense.





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             Sec. 1022.  (1) A defendant OR JUVENILE who is determined

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        incompetent to stand trial shall not be proceeded against while

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        he OR SHE is incompetent.

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             (2)  Any  A pretrial motion may be made by  either  the

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        defense, THE JUVENILE, THE JUVENILE'S ATTORNEY, THE GUARDIAN

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        AD LITEM, THE COURT, or THE prosecution while a defendant OR

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        JUVENILE is incompetent to stand trial, and the issues presented

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        by the motion shall be heard and decided if the presence of the

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        defendant OR JUVENILE is not essential for a fair hearing and

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        decision on the motion.

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             (3)  When it appears  IF THE COURT DETERMINES that evidence

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        essential to the case the defense, JUVENILE, or prosecution plans

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        to present might not be available at the time of trial, the court

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        shall allow  such  THAT evidence to be taken and preserved.

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         Evidence so taken shall be  THAT EVIDENCE IS admissible at the

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        trial only if it is not otherwise available OR BY STIPULATION OF

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        THE PARTIES.  Procedures for  the  taking and preserving  of

18
        evidence under this subsection, and the conditions under which

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         such  THAT evidence  shall be  IS admissible at trial, shall be

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        provided by court rule.

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             Sec. 1024.  The issue of incompetence to stand trial may be

22
        raised by the defense, THE JUVENILE, THE court, or THE

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        prosecution.  The time and form of the procedure for raising the

24
        issue shall be provided by court rule.

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             Sec. 1026.  (1) Upon a showing that the defendant OR

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        JUVENILE may be incompetent to stand trial, the court shall order

27
        the defendant OR JUVENILE to undergo an examination by personnel



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        of either the center for forensic psychiatry or other facility

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        officially certified by the department  of mental health  to per-

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        form examinations relating to the issue of incompetence to stand

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        trial.  The defendant OR JUVENILE shall make himself OR HERSELF

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        available for the examination at the places and times established

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        by the center or other certified facility.  If the defendant OR

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        JUVENILE, after being notified, fails to make himself OR HERSELF

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        available for the examination, the court may order his OR HER

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        commitment to the center or other facility without a hearing.

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             (2)  When  IF the defendant OR JUVENILE is to be held in a

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        jail or similar place of detention pending trial, the center or

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        other facility may perform the examination in the jail OR SIMILAR

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        PLACE OF DETENTION or may notify the sheriff to transport the

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        defendant OR JUVENILE to the center or other facility for the

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        examination.  , and the  THE sheriff shall return the defendant

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        OR JUVENILE to the jail OR SIMILAR PLACE OF DETENTION upon com-

17
        pletion of the examination.

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             (3) Except as provided in subsection (1),  when  IF the

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        defendant OR JUVENILE is not to be held in a jail or similar

20
        place of detention pending trial, the court shall commit him OR

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        HER to the center or other facility only  when  IF the commitment

22
        is necessary  for the performance of  TO PERFORM the

23
        examination.

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             (4) The defendant OR JUVENILE shall be released by the

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        center or other facility upon completion of the examination.

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             Sec. 1028.  (1)  When  IF the defendant OR JUVENILE is

27
        ordered to undergo an examination  pursuant to  UNDER



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        section 1026, the center or other facility shall, for the purpose

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        of gathering psychiatric and other information pertinent to the

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        issue of the incompetence of the defendant OR JUVENILE to stand

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        trial, examine the defendant OR JUVENILE and consult with

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         defense  counsel FOR THE DEFENSE OR THE JUVENILE, and may con-

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        sult with the prosecutor or other persons.   Defense counsel

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        COUNSEL FOR THE DEFENSE OR JUVENILE shall make himself OR HERSELF

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        available for consultation with the center or other facility.

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        The examination shall be performed,  defense  counsel FOR THE

10
        DEFENSE OR JUVENILE consulted, and a written report submitted to

11
        the court, prosecuting attorney, and  defense  counsel FOR THE

12
        DEFENSE OR JUVENILE within 60 days of the date of the order.

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             (2) The report shall contain AT LEAST ALL OF THE FOLLOWING:

14
             (a) The clinical findings of the center or other facility.

15
             (b) The facts, in reasonable detail, upon which the findings

16
        are based, and upon request of the court, COUNSEL FOR THE defense

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        OR JUVENILE, or prosecution additional facts  germane  RELEVANT

18
        to the findings.

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             (c) The opinion of the center or other facility on the issue

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        of  the incompetence of  WHETHER the defendant OR JUVENILE IS

21
        INCOMPETENT to stand trial.

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             (d) If the opinion is that the defendant OR JUVENILE is

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        incompetent to stand trial, the opinion of the center or other

24
        facility on the likelihood of the defendant  attaining  OR JUVE-

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        NILE WILL ATTAIN competence to stand trial, if provided a course

26
        of treatment, within the time limit established by section 1034.





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             (3) The opinion concerning competency to stand trial derived

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        from the examination may not be admitted as evidence for any

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        purpose in the pending criminal OR JUVENILE proceedings, except

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        on the issues to be determined in the hearings required or per-

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        mitted by sections 1030 and 1040.  The foregoing bar of testimony

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         shall not be construed to  DOES NOT prohibit the examining qual-

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        ified clinician from presenting at other stages in the criminal

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        OR JUVENILE proceedings opinions concerning criminal responsibil-

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        ity, disposition, or other issues if they were originally

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        requested by the court and are available.  Information gathered

11
        in the course of a prior examination that is of historical value

12
        to the examining qualified clinician may be utilized in  the for-

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        mulation of  FORMULATING an opinion in  any  A subsequent court

14
        ordered evaluation.

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             Sec. 1030.  (1) Upon receipt of the written report, the

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        court shall  cause  ORDER the defendant OR JUVENILE to appear in

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        court and shall hold a hearing within 5 days or upon the conclu-

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        sion of the case, proceeding, or other matter then before it,

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        whichever is sooner, unless the defense, COUNSEL FOR THE

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        JUVENILE, or THE prosecution for good cause requests a delay for

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        a reasonable time.

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             (2) On the basis of the evidence admitted at the hearing,

23
        the court shall determine the issue of  the incompetence of

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        WHETHER the defendant OR JUVENILE IS INCOMPETENT to stand trial.

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        If the defendant OR JUVENILE is determined incompetent to stand

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        trial, the court shall also determine whether there is a

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        substantial probability that the defendant OR JUVENILE, if



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        provided a course of treatment, will attain competence to stand

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        trial within the time limit established by section 1034.

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             (3) The written report shall be admissible as  competent

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        evidence in the hearing, unless the defense, COUNSEL FOR THE

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        JUVENILE, or THE prosecution objects, but not for any other pur-

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        pose in the pending criminal OR JUVENILE proceeding.  The

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        defense, COUNSEL FOR THE JUVENILE, THE prosecution, and the court

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        on its own motion may present additional evidence relevant to the

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        issues to be determined at the hearing.

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             (4) If the defendant OR JUVENILE is receiving medication and

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        is not determined incompetent to stand trial, the court may, in

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        order to maintain the competence of the defendant OR JUVENILE to

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        stand trial,  make such orders as it deems  ISSUE AN ORDER THE

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        COURT CONSIDERS appropriate for  the  continued administration of

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         such  medication pending and during trial.

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             Sec. 1031.  If the defendant OR JUVENILE is determined

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        incompetent to stand trial  ,  and  if  the court determines that

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        there is not a substantial probability that, if provided a course

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        of treatment, he OR SHE will attain competence to stand trial

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        within the time limit established by section 1034, the court may

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        direct a prosecuting attorney to file a petition asserting that

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        the defendant is a person requiring treatment as defined by sec-

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        tion 401 or meets the criteria for judicial admission as defined

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        by section 515 OR THAT THE JUVENILE IS A MINOR REQUIRING TREAT-

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        MENT AS DEFINED IN SECTION 498B with the probate court of the

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        defendant's OR JUVENILE'S county of residence.





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             Sec. 1032.  (1) If the defendant OR JUVENILE is determined

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        incompetent to stand trial, and if the court determines that

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        there is a substantial probability that, if provided a course of

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        treatment, he OR SHE will attain competence to stand trial within

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        the time limit established by section 1034, the court shall order

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         him  THE DEFENDANT OR JUVENILE to undergo treatment to render

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        him OR HER competent to stand trial.

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             (2) The court shall appoint a medical supervisor of the

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        course of treatment.  The supervisor may be THE DEPARTMENT OR any

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        person or agency willing to supervise the course of treatment.

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         , or the department of mental health.

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             (3) The court may commit the defendant OR JUVENILE to the

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        custody of the department,  of mental health,  or to the custody

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        of any other inpatient mental health facility if it agrees, only

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        if commitment is necessary for the effective administration of

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        the course of treatment.  If the defendant OR JUVENILE, absent

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        commitment to the department  of mental health  or other inpa-

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        tient facility, would otherwise be held in a jail or similar

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        place of detention pending trial, the court may enter an order

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        restricting the  defendant in his  DEFENDANT'S OR JUVENILE'S

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        movements to the buildings and grounds of the facility at which

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        he OR SHE is to be treated.

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             Sec. 1034.  (1)  No  AN order or combination of orders

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        issued under section 1032 or 1040, or both, shall NOT have force

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        and effect for a total period in excess of 15 months or 1/3 of

26
        the maximum sentence the defendant could receive if convicted of

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        the charges against him OR HER, OR 1/3 OF THE MAXIMUM SENTENCE



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        THE JUVENILE COULD HAVE RECEIVED IF CONVICTED AS AN ADULT,

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        whichever is  lesser; nor  LESS.  AN ORDER OR COMBINATION OF

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        ORDERS ISSUED UNDER SECTION 1032 OR 1040, OR BOTH, SHALL NOT HAVE

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        FORCE AND EFFECT after the charges against the defendant OR

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        JUVENILE are dismissed.

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             (2) The court shall provide for notification of defense

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        counsel, THE JUVENILE'S COUNSEL, the prosecution, and the medical

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        supervisor of treatment  whenever  WHEN the charges against the

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        defendant OR JUVENILE are dismissed and  whenever  WHEN an order

10
        whose stated time period has not elapsed is voided by the court.

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             (3) If the defendant OR JUVENILE is to be discharged or

12
        released because of the expiration of an order or orders under

13
        section 1032 or 1040, the supervisor of treatment  prior to

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        BEFORE the discharge or release may file a petition asserting

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        that the defendant is a person requiring treatment as defined by

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        section 401,  or  THAT THE DEFENDANT meets the criteria for judi-

17
        cial admission as defined by section 515, OR THAT THE JUVENILE IS

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        A MINOR REQUIRING TREATMENT AS DEFINED IN SECTION 498B, with the

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        probate court of the defendant's OR JUVENILE'S county of

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        residence.

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             Sec. 1036.  The DEFENDANT'S OR JUVENILE'S right  of the

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        defendant  to be at liberty pending trial, on bail or otherwise,

23
        shall not be impaired because the issue of incompetence to stand

24
        trial has been raised, because the defendant OR JUVENILE has been

25
        determined incompetent to stand trial, or because the defendant

26
        OR JUVENILE has been ordered to undergo treatment to render him

27
        OR HER competent to stand trial, except to the extent authorized



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        by section 1026 for the purpose of an examination or by section

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        1032 for the purpose of administering a course of treatment.

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             Sec. 1038.  (1) The medical supervisor of treatment shall

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        transmit a written report to the court, prosecuting attorney,

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        defense counsel, THE JUVENILE'S COUNSEL, and the center for

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        forensic psychiatry IN EACH OF THE FOLLOWING INSTANCES:

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             (a) At least once every 90 days from the date of an order

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        issued pursuant to section 1032.

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             (b)  Whenever  WHEN he OR SHE is of the opinion that the

10
        defendant OR JUVENILE is no longer incompetent to stand trial.

11
             (c)  Whenever  WHEN he OR SHE is of the opinion that there

12
        is not a substantial probability that the defendant OR JUVENILE,

13
        with treatment, will attain competence to stand trial within the

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        time limit established by section 1034.

15
             (2) The reports shall be admissible  pursuant to  UNDER sec-

16
        tion 1030(3) and shall contain ALL OF THE FOLLOWING:

17
             (a) The clinical findings of the supervisor of treatment.

18
             (b) The facts, in reasonable detail, upon which the findings

19
        are based, and  upon request of the court, defense, or

20
        prosecution  ANY additional facts  germane  RELEVANT to the find-

21
        ings IF REQUESTED BY COURT, DEFENSE COUNSEL, JUVENILE'S COUNSEL,

22
        OR PROSECUTION.

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             (c) The opinion of the supervisor of treatment on the issue

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        of the incompetence of the defendant OR JUVENILE to stand trial.

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             (d) If the opinion is that the defendant OR JUVENILE is

26
        incompetent to stand trial, the opinion of the supervisor of

27
        treatment on whether the defendant OR JUVENILE has made progress



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        toward attaining competence to stand trial during the course of

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        treatment.

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             Sec. 1040.  (1) The court shall forthwith hear and redeter-

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        mine the issue of the incompetence of the defendant OR JUVENILE

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        to stand trial and, if the defendant OR JUVENILE is redetermined

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        incompetent to stand trial, shall hear and determine whether the

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        defendant OR JUVENILE has made progress toward attaining compe-

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        tence to stand trial during his OR HER course of treatment,

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         whenever  WHEN the court receives a report from the supervisor

10
        of treatment, unless the defense OR JUVENILE waives the hearing,

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        or  whenever deemed  WHEN CONSIDERED appropriate by the court.

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             (2) Section 1030  shall govern  GOVERNS hearings held pursu-

13
        ant to this section.

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             (3) If the defendant OR JUVENILE is not redetermined incom-

15
        petent to stand trial at a hearing held  pursuant to  UNDER this

16
        section, trial shall commence as soon as practicable.  If the

17
        defendant OR JUVENILE is redetermined incompetent to stand trial,

18
        and if the court determines that the defendant OR JUVENILE has

19
        made progress toward attaining competence to stand trial, the

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        court may modify or continue any orders it previously issued

21
        under section 1032.

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             Sec. 1042.  Time spent in custody because of orders issued

23
         pursuant to  UNDER sections 1026, 1032, and 1040 shall be cred-

24
        ited against any sentence OR DISPOSITION imposed on the defendant

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        OR JUVENILE in the pending criminal case or in any other case

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        arising from the same transaction.





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             Sec. 1044.  (1) The charges against a defendant OR JUVENILE

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        determined incompetent to stand trial shall be dismissed IF

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        EITHER OF THE FOLLOWING APPLIES:

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             (a) When the prosecutor notifies the court of his OR HER

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        intention not to prosecute the case.  ; or

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             (b) Fifteen months  after  HAVE ELAPSED SINCE the date on

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        which the defendant OR JUVENILE was originally determined incom-

 8
        petent to stand trial.

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             (2)  When  IF charges are dismissed  pursuant to  UNDER

10
        subsection (1), the same charges, or other charges arising from

11
        the transaction  which  THAT gave rise to the dismissed charges,

12
        shall not subsequently be filed against the defendant OR

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        JUVENILE, except as provided in this section.

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             (3) If the charges were dismissed  pursuant to  UNDER

15
        subsection (1)(b) and if the crime charged was punishable by a

16
        sentence of life imprisonment, OR, IN THE CASE OF A JUVENILE,

17
        WOULD HAVE BEEN A CRIME PUNISHABLE BY A SENTENCE OF LIFE IMPRIS-

18
        ONMENT IF COMMITTED BY AN ADULT, the prosecutor may at any time

19
        petition the court for permission to again file charges.  In the

20
        case of other charges dismissed  pursuant to  UNDER

21
        subsection (1)(b), the prosecutor may, within that period of time

22
        after the charges were dismissed equal to 1/3 of the maximum sen-

23
        tence that the defendant could receive on the charges OR THAT A

24
        JUVENILE COULD HAVE RECEIVED IF CONVICTED AS AN ADULT, petition

25
        the court for permission to again file charges.

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             (4) The court shall grant permission to again file charges

27
        if after a hearing it determines that the defendant OR JUVENILE



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        is competent to stand trial.   Prior to  BEFORE the hearing, the

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        court may order the defendant OR JUVENILE to be examined by per-

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        sonnel of the center for forensic psychiatry or other qualified

 4
        person as an outpatient, but may not commit the defendant OR

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        JUVENILE to the center or any other facility for the

 6
        examination.

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             Sec. 1050.  (1) The court shall immediately commit  any

 8
        person  A JUVENILE FOUND NOT RESPONSIBLE BY REASON OF INSANITY

 9
        FOR AN OFFENSE THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT OR

10
        AN INDIVIDUAL who is acquitted of a criminal charge by reason of

11
        insanity to the custody of the center for forensic psychiatry,

12
        for  a period not to exceed  NOT MORE THAN 60 days.  The court

13
        shall forward to the center a full report, in the form of a set-

14
        tled record, of the facts concerning the crime  which  THAT the

15
        patient was found to have committed but of which he OR SHE was

16
        acquitted OR FOUND NOT RESPONSIBLE FOR by reason of insanity.

17
        The center shall thoroughly examine and evaluate the PATIENT'S

18
        present mental condition  of the person  in order to reach an

19
        opinion on whether the  person  PATIENT meets the criteria of a

20
        person requiring treatment or for judicial admission set forth in

21
        section 401 or 515 OR IS A MINOR REQUIRING TREATMENT AS DEFINED

22
        IN SECTION 498B.

23
             (2) Within the 60-day period the center shall file a report

24
        with the court, prosecuting attorney, JUVENILE'S COUNSEL, and

25
        defense counsel.  The report shall contain a summary of the crime

26
         which  THAT the patient committed but of which he OR SHE was

27
        acquitted OR FOUND NOT RESPONSIBLE FOR by reason of insanity and



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        an opinion as to whether the  person  PATIENT meets the criteria

 2
        of a person requiring treatment or for judicial admission as

 3
        defined by section 401 or 515 OR IS A MINOR REQUIRING TREATMENT

 4
        AS DEFINED BY SECTION 498B, and the facts upon which the opinion

 5
        is based.  If the opinion  stated is  STATES that the  person

 6
        PATIENT is a person requiring treatment, the report shall be

 7
        accompanied by certificates from 2 physicians, at least 1 of whom

 8
        shall be a psychiatrist,  which  THAT conform to the requirements

 9
        of section  400(j)  100C(11).  IF THE OPINION STATED IS THAT THE

10
        PATIENT IS A MINOR REQUIRING TREATMENT, THE REPORT SHALL BE

11
        ACCOMPANIED BY AN EVALUATION FROM A PSYCHIATRIST THAT CONFORMS TO

12
        THE REQUIREMENTS OF SECTION 498G.

13
             (3) After  receipt of  RECEIVING the report, the court may

14
        direct the prosecuting attorney to file a petition  pursuant to

15
        UNDER section 434 or 516 for an order of hospitalization or an

16
        order of admission to a facility with the probate court of the

17
         person's  PATIENT'S county of residence or of the county in

18
        which the criminal trial was held.   Any certificates  A

19
        CERTIFICATE that accompanied the report of the center may be

20
        filed with the petition, and  shall be  IS sufficient to cause a

21
        hearing to be held  pursuant to  UNDER section 451 even if  they

22
        were  THAT CERTIFICATE WAS not executed within 72 hours  of the

23
        filing of  AFTER the petition WAS FILED.  AN EVALUATION SUPPORT-

24
        ING THE OPINION THAT THE PATIENT IS A MINOR REQUIRING TREATMENT

25
        IS SUFFICIENT TO SUPPORT HOSPITALIZATION UNDER SECTION 498F.  The

26
        report from the court containing the facts concerning the crime

27
        for which he OR SHE was acquitted by reason of insanity shall be



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        admissible in the hearings.  THE REPORT FROM THE COURT CONTAINING

 2
        THE FACTS OF THE CRIME FOR WHICH HE OR SHE WAS FOUND NOT RESPON-

 3
        SIBLE BY REASON OF INSANITY SHALL BE CONSIDERED IN DETERMINING

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        WHETHER THE MINOR SHOULD BE HOSPITALIZED AND DETERMINING THE

 5
        TREATMENT TO BE PROVIDED.

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             (4) If the report states  the opinion  that the  person

 7
        PATIENT meets the criteria of a person requiring treatment,  or

 8
        MEETS THE CRITERIA for judicial admission, OR MEETS THE CRITERIA

 9
        OF A MINOR REQUIRING HOSPITALIZATION, and if a petition is to be

10
        filed  pursuant to  UNDER subsection (3), the center may retain

11
        the  person  PATIENT pending a hearing on the petition OR THE

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        MINOR'S TRANSFER TO A HOSPITAL.  If a petition is not to be filed

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        OR THE PROSECUTION DOES NOT SEEK HOSPITALIZATION OF THE PATIENT

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        AS A MINOR REQUIRING TREATMENT, the prosecutor shall notify the

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        center in writing.  The center, upon  receipt of  RECEIVING the

16
        notification, shall  cause the person to be discharged  DISCHARGE

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        THE PATIENT.

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             (5) The release provisions of sections 476 to 479  of this

19
        act shall  apply to a person found to have committed a crime by a

20
        court or jury, but who is acquitted by reason of insanity, except

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        that a person shall not be discharged or placed on leave without

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        first being evaluated and recommended for discharge or leave by

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        the department's program for forensic psychiatry.  , and

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        authorized  AUTHORIZED leave or absence from the hospital may be

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        extended for a period of 5 years.







   07065'02                                  17

 1
             Enacting section 1.  This amendatory act does not take

 2
        effect unless all of the following bills of the 91st Legislature

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        are enacted into law:

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             (a) Senate Bill No. _____ or House Bill No.  6381 (request

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        no. 07064'02).

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             (b) Senate Bill No. _____ or House Bill No.  6383  (request

 7
        no. 07066'02).










































   07065'02          Final page.                            LTB