88R2592 EAS-F
 
  By: Hull H.B. No. 466
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirements for and compilation of certain
  emergency mental health detention records.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 573.002(b) and (d), Health and Safety
  Code, are amended to read as follows:
         (b)  The notification of detention must contain:
               (1)  a statement that the officer has reason to believe
  and does believe that the person evidences mental illness;
               (2)  a statement that the officer has reason to believe
  and does believe that the person evidences a substantial risk of
  serious harm to the person or others;
               (3)  a specific description of the risk of harm;
               (4)  a statement that the officer has reason to believe
  and does believe that the risk of harm is imminent unless the person
  is immediately restrained;
               (5)  a statement that the officer's beliefs are derived
  from specific recent behavior, overt acts, attempts, or threats
  that were observed by or reliably reported to the officer;
               (6)  a detailed description of the specific behavior,
  acts, attempts, or threats; [and]
               (7)  the name and relationship to the apprehended
  person of any person who:
                     (A)  reported or observed the behavior, acts,
  attempts, or threats; or
                     (B)  witnessed the apprehended person being
  detained;
               (8)  a description of the place and setting where the
  detention was initiated;
               (9)  a description of the use of restraints in
  detaining the person, including a statement of whether a chemical
  irritant spray or a Taser device was used in detaining the person;
  and
               (10)  the age, including the exact age if the person is
  younger than 18 years of age, race, gender, and other demographic
  information required by executive commissioner rules.
         (d)  The peace officer shall provide the notification of
  detention on the following form:
  Notification--Emergency Detention        NO. ____________________
  DATE:_______________ TIME:_______________
  THE STATE OF TEXAS
  FOR THE BEST INTEREST AND PROTECTION OF:
  ______________________________________
  NOTIFICATION OF EMERGENCY DETENTION
  Now comes _____________________________, a peace officer with
  (name of agency) _____________________________, of the State of
  Texas, and states as follows:
  1.  I have reason to believe and do believe that (name of person to
  be detained) __________________________ evidences mental illness.
  2.  I have reason to believe and do believe that the above-named
  person evidences a substantial risk of serious harm to
  himself/herself or others based upon the following:
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  3.  I have reason to believe and do believe that the above risk of
  harm is imminent unless the above-named person is immediately
  restrained.
  4.  My beliefs are based upon the following recent behavior, overt
  acts, attempts, statements, or threats observed by me or reliably
  reported to me:
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  5.  The names, addresses, and relationship to the above-named
  person of those persons who reported or observed recent behavior,
  acts, attempts, statements, or threats of the above-named person or
  who witnessed the above-named person being detained are (if
  applicable):
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
  For the above reasons, I present this notification to seek
  temporary admission to the (name of facility)
  _________________________ inpatient mental health facility or
  hospital facility for the detention of (name of person to be
  detained) __________________________ on an emergency basis.
  6.  Was the person restrained in any way? Yes □ No □
  7.  Was a chemical irritant spray or a Taser device used on the
  person?  Yes □ No □
  8.  The location from which the person was taken into custody was a:
  School □ Home □ Health Care Facility □ Emergency Room □ Other □
  9.  Demographic Information:
  Race: Caucasian □ Black □ Hispanic □ Asian/Pacific Islander □
  Other □
  10.  Age: Under 18 □ Over 18 □ Over 65 □
  11.  If under 18: Exact age of the person is _____
  _________________________        BADGE NO. _____________________
  PEACE OFFICER'S SIGNATURE
  Address: _________________________ Zip Code: ____________________
  Telephone: ______________________
  _________________________
  SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable)
  Address: _________________________ Zip Code: ____________________
  Telephone: ______________________
         A mental health facility or hospital emergency department may
  not require a peace officer or emergency medical services personnel
  to execute any form other than this form as a predicate to accepting
  for temporary admission a person detained by a peace officer under
  Section 573.001, Health and Safety Code, and transported by the
  officer under that section or by emergency medical services
  personnel of an emergency medical services provider at the request
  of the officer made in accordance with a memorandum of
  understanding executed under Section 573.005, Health and Safety
  Code.
         SECTION 2.  Section 573.021, Health and Safety Code, is
  amended by adding Subsection (f) to read as follows:
         (f)  A facility that accepts a person for preliminary
  examination under Subsection (a), as soon as practicable but not
  more than 12 hours after the person is accepted to the facility,
  shall submit to each court with jurisdiction to order commitment
  under Chapter 574 a copy of the peace officer's notification of
  detention filed with the facility under Section 573.002.
         SECTION 3.  The heading to Section 574.014, Health and
  Safety Code, is amended to read as follows:
         Sec. 574.014.  COMPILATION OF MENTAL HEALTH COMMITMENT AND
  EMERGENCY DETENTION RECORDS.
         SECTION 4.  Section 574.014(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The clerk of each court with jurisdiction to order
  commitment under this chapter shall provide the Office of Court
  Administration each month with a report of the number of
  applications for commitment orders for involuntary mental health
  services filed with the court and the disposition of those cases,
  including the number of commitment orders for inpatient and
  outpatient mental health services. The Office of Court
  Administration annually shall make the reported information
  available to the Health and Human Services Commission and the
  public on the office's Internet website [annually].
         SECTION 5.  The changes in law made by this Act apply only to
  an emergency detention that begins on or after the effective date of
  this Act. An emergency detention that begins before the effective
  date of this Act is governed by the law as it existed immediately
  before the effective date of this Act, and that law is continued in
  effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2023.