Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 76(R)

HOUSE BILL 2892

HOUSE AUTHOR: Hartnett

EFFECTIVE: 6-19-99

SENATE SPONSOR: Nelson

House Bill 2892 amends the Health and Safety Code to require an administrator of a mental health services facility to file an affidavit setting out facts establishing that a patient who is absent is receiving court-ordered inpatient mental health services at a facility in order to have the patient taken into custody, detained, and returned to the facility. An order issued by a magistrate directing a peace or health officer to take a patient into custody and return the patient to the facility extends to any part of the state and authorizes any peace officer to whom the order is directed or transferred to execute the order. The act authorizes an officer who cannot immediately return a patient to the facility named in the order to transport the patient to a local facility for detention and adds requirements relating to patient detention, including prohibiting a patient from being detained in a nonmedical facility that is used to detain persons charged with or convicted of a crime.