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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a peace officer to apprehend a person |
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for emergency detention and the authority of certain facilities and |
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physicians to temporarily detain a person with mental illness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter A, Chapter 573, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER A. APPREHENSION, [BY PEACE OFFICER OR] TRANSPORTATION, |
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OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER [FOR EMERGENCY |
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DETENTION BY GUARDIAN] |
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SECTION 2. Section 573.001(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A peace officer, without a warrant, may take a person |
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into custody, regardless of the age or location of the person, if |
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the officer: |
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(1) has reason to believe and does believe that: |
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(A) the person is a person with mental illness; |
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and |
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(B) because of that mental illness there is a |
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substantial risk of serious harm to the person or to others unless |
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the person is immediately restrained; and |
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(2) believes that there is not sufficient time to |
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obtain a warrant before taking the person into custody. |
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SECTION 3. Subchapter A, Chapter 573, Health and Safety |
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Code, is amended by adding Section 573.006 to read as follows: |
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Sec. 573.006. TEMPORARY DETENTION IN CERTAIN FACILITIES. |
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(a) In this section, "facility" means: |
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(1) an inpatient mental health facility other than a |
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community center, a facility operated by or under contract with a |
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community center, an entity that the executive commissioner |
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designates to provide mental health services, a local mental health |
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authority, or a facility operated by or under contract with a local |
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mental health authority, unless the facility is licensed under |
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Chapter 577; |
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(2) a hospital, or the emergency department of a |
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hospital, licensed under Chapter 241; and |
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(3) a freestanding emergency medical care facility |
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licensed under Chapter 254. |
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(b) The governing body of a facility may adopt and implement |
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a written policy that provides for the facility or a physician at |
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the facility to detain a person who voluntarily requested treatment |
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from the facility or who lacks the capacity to consent to treatment, |
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as provided by this section, if: |
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(1) the person expresses a desire to leave the |
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facility or attempts to leave the facility before the examination |
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or treatment is completed; and |
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(2) a physician at the facility: |
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(A) has reason to believe and does believe that: |
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(i) the person has a mental illness; and |
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(ii) because of that mental illness there |
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is a substantial risk of serious harm to the person or to others |
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unless the person is immediately restrained; and |
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(B) believes that there is not sufficient time to |
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file an application for emergency detention or for an order of |
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protective custody. |
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(c) A policy adopted and implemented by a facility under |
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this section may not allow the facility or a physician at the |
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facility to detain a person who has been transported to the facility |
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for emergency detention under this chapter. |
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(d) A policy adopted and implemented by a facility under |
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this section must require: |
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(1) the facility staff or the physician who intends to |
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detain the person under the policy to notify the person of that |
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intention; |
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(2) a physician to document a decision by the facility |
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or the physician to detain a person under the policy and to place a |
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notice of detention in the person's medical record that contains |
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the same information as required in a peace officer's notification |
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of detention under Section 573.002; and |
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(3) the period of a person's detention under the policy |
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to be less than four hours following the time the person first |
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expressed a desire to leave, or attempted to leave, the facility, |
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and the facility or physician to release the person not later than |
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the end of the four-hour period unless the facility staff or |
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physician arranges for a peace officer to take the person into |
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custody under Section 573.001 or an order of protective custody is |
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issued. |
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(e) Detention of a person under a policy adopted and |
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implemented by a facility under this section is not considered |
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involuntary psychiatric hospitalization for purposes of Section |
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411.172(e), Government Code. |
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(f) A physician, person, or facility that detains or does |
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not detain a person under a policy adopted and implemented by a |
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facility under this section and that acts in good faith and without |
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malice is not civilly or criminally liable for that action. |
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(g) A facility is not civilly or criminally liable for the |
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decision of the governing body of the facility to adopt or not to |
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adopt a policy under this section. |
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SECTION 4. This Act takes effect September 1, 2023. |
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* * * * * |