JD Key Consulting Logo
SB53

Regular Session

Relating to certain notice and filing requirements in court proceedings involving persons with mental illness.

Moderate
Low Cost
Effective:2025-09-01
Enforcing Agencies

County Clerks • County Sheriffs and Constables • Texas Courts with mental health jurisdiction (Probate Courts, County Courts at Law)

SB53
Moderate
Relating to certain notice and filing requirements in court proceedings involving persons with mental illness.
Moderate Compliance Urgency
Requires near-term attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
County ClerksCounty Sheriffs and ConstablesTexas Courts with mental health ...
Primary Author: Sen. Judith Zaffirini
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: September 1, 2025 (Applies to all filings submitted on or after this date).
  • Agency Rulemaking: No state-level rulemaking is mandated. However, individual County Probate Courts and County Courts at Law may issue local standing orders regarding the specific mechanics of "production on request."

Immediate Action Plan

  • 1. Update SOPs: Rewrite "Involuntary Commitment Filing Procedures" to replace the 72-hour clerk delivery step with a mandatory internal retention step.
  • 2. Secure Storage: Designate a fireproof, secure location for original mental health filings.
  • 3. Audit Pending Cases: Ensure all filings made prior to Sept 1, 2025, have their originals with the clerk. For cases starting Sept 1, keep originals on-site.
  • 4. Brief Counsel: Instruct outside and in-house counsel to bring the physical file containing original signatures to every hearing as a precaution against judicial demand.

Operational Changes Required

Contracts

  • Courier Services: Renegotiate contracts with third-party couriers. The statutory requirement for "rush" physical delivery to the courthouse within 72 hours is eliminated. Move away from volume-based or rush-fee pricing models.
  • Off-Site Storage: If you use off-site records storage (e.g., Iron Mountain), amend Service Level Agreements (SLAs) to ensure specific legal files can be retrieved within 12-24 hours to satisfy a court demand during an active docket.

Hiring/Training

  • Admissions & Legal Staff: Retrain staff immediately to stop the "file and send" workflow. Implement a "scan and secure" protocol. Staff must understand that the electronic upload is the filing, but the physical paper in their hand is now a critical legal asset that must be vaulted, not shredded or sent away.
  • Process Servers: Train staff to recognize that service of process instructions may now vary significantly by judge (e.g., email vs. in-person), requiring case-by-case verification of the court's order.

Reporting & Record-Keeping

  • Chain of Custody: Establish a physical "Originals Retention" file separate from general medical records. These documents must be auditable and accessible.
  • Retrieval Protocol: Create a log system that tracks the exact physical location of the original instrument (Application for Temporary Mental Health Services, Motion for Order of Protective Custody, etc.) to ensure rapid production if a judge halts a hearing to inspect the signature.

Fees & Costs

  • Cost Reduction: Expect a decrease in courier and mileage expenses.
  • Cost Reallocation: Budget for increased physical storage space and potential administrative costs associated with retrieving and transporting originals to hearings.

Strategic Ambiguities & Considerations

  • "On Request" Latency: The statute requires the filer to produce the original "on request" but does not define the timeframe. A strict judge may demand the original *during* the hearing. Risk: If you cannot produce the original immediately, the case may be dismissed.
  • Retention Duration: The law does not specify how long the filer must keep the original. Guidance: Do not destroy these originals upon patient discharge. Retain them in alignment with the statute of limitations for false imprisonment or your standard medical record retention policy (typically 7-10 years), whichever is longer.
  • "Reasonably Calculated" Notice: The bill allows judges to direct notice in any manner "reasonably calculated to give actual notice." This creates regulatory fragmentation. Expect different service requirements in Harris County versus rural counties.

Need Help Understanding Implementation?

Our government affairs experts can walk you through this bill's specific impact on your operations.

Schedule Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Nov 12, 2024
Passed Senate
Apr 10, 2025
Passed House
May 24, 2025
Signed
Jun 20, 2025
TopicsCriminal ProcedureCriminal Procedure--generalMental Health & Substance AbuseConstablesSheriffsRecords Management
03

Senate Authors

Sen. Judith ZaffiriniDemocrat · Primary Author

House Sponsor

Rep. Maria FloresDemocrat · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

Explore more bills from this author and on related topics

More from Sen. Judith Zaffirini

View all bills by Sen. Judith Zaffirini

Related by Topic

View more Criminal Procedure legislation
Quick Reference

Frequently Asked Questions

Common questions about SB53

Q

What does Texas SB53 do?

SB 53 fundamentally shifts the burden of document custody in mental health proceedings from the County Clerk to the filing entity (hospitals and attorneys). Effective September 1, 2025, you are no longer required to physically file original signed documents within 72 hours of an electronic filing; instead, you must permanently retain the original "wet ink" documents and produce them immediately upon court request. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Applies to all filings submitted on or after this date).

Q

Who authored SB53?

SB53 was authored by Texas Senator Judith Zaffirini during the Regular Session.

Q

When was SB53 signed into law?

SB53 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce SB53?

SB53 is enforced by County Clerks, County Sheriffs and Constables and Texas Courts with mental health jurisdiction (Probate Courts, County Courts at Law).

Q

How urgent is compliance with SB53?

The compliance urgency for SB53 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of SB53?

The cost impact of SB53 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB53 address?

SB53 addresses topics including criminal procedure, criminal procedure--general, mental health & substance abuse, constables and sheriffs.

Legislative data provided by LegiScanLast updated: November 25, 2025

Need Strategic Guidance on This Bill?

Need help with Government Relations, Lobbying, or compliance? JD Key Consulting has the expertise you're looking for.