Enrolled Bill Summary

House Bill 2679 amends provisions of the Texas Probate Code relating to a guardian transporting a ward to an inpatient mental health facility and filing for emergency detention. The bill grants a guardian the power to transport a ward to an inpatient mental health facility for a preliminary examination and authorizes the guardian, if the ward is not a minor, to consent to the administration of psychoactive medication. The bill adds a requirement to the annual report submitted by the guardian to include whether the guardian has filed for emergency detention of the ward, the number of times, and the dates of the applications.

House Bill 2679 amends the Health and Safety Code to authorize the guardian to transport the ward, without police assistance, to a facility if the guardian has reason to believe that the ward, who is not a minor, is mentally ill, and because of that mental illness there is a substantial risk of serious harm to the ward or to others unless the ward is immediately restrained. The bill requires the guardian to immediately file an application for detention with the facility and to provide the court that granted the guardianship written notice of the filing of the application.