74R9579 JJT-F
          By Thompson                                           H.B. No. 2093
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to applications for emergency detention of certain persons
    1-3  at risk of harming themselves or others because of the effects of
    1-4  mental illness or substance abuse.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 462.043, Health and Safety Code, is
    1-7  amended by amending Subsection (a) and adding Subsection (f) to
    1-8  read as follows:
    1-9        (a)  An applicant for emergency detention must present the
   1-10  application personally to a judge or magistrate.  The judge or
   1-11  magistrate shall examine the application and may interview the
   1-12  applicant.  Except as provided by Subsection (f), the judge of a
   1-13  court with probate jurisdiction by administrative order may provide
   1-14  that the application must be:
   1-15              (1)  presented personally to the court; or
   1-16              (2)  retained by court staff and presented to another
   1-17  judge or magistrate as soon as is practicable if the judge of the
   1-18  court is not available at the time the application is presented.
   1-19        (f)  If there is more than one court with probate
   1-20  jurisdiction in a county, an administrative order regarding
   1-21  presentation of an application must be jointly issued by all of the
   1-22  judges of those courts.
   1-23        SECTION 2.  The heading to Subchapter B, Chapter 573, Health
   1-24  and Safety Code, is amended to read as follows:
    2-1           SUBCHAPTER B.  JUDGE'S OR MAGISTRATE'S ORDER FOR
    2-2                 EMERGENCY APPREHENSION AND DETENTION
    2-3        SECTION 3.  Section 573.012, Health and Safety Code, is
    2-4  amended by amending Subsection (a) and adding Subsection (g) to
    2-5  read as follows:
    2-6        (a)  An applicant for emergency detention must present the
    2-7  application personally to a judge or magistrate.  The judge or
    2-8  magistrate shall examine the application and may interview the
    2-9  applicant.  Except as provided by Subsection (g), the judge of a
   2-10  court with probate jurisdiction by administrative order may provide
   2-11  that the application must be:
   2-12              (1)  presented personally to the court; or
   2-13              (2)  retained by court staff and presented to another
   2-14  judge or magistrate as soon as is practicable if the judge of the
   2-15  court is not available at the time the application is presented.
   2-16        (g)  If there is more than one court with probate
   2-17  jurisdiction in a county, an administrative order regarding
   2-18  presentation of an application must be jointly issued by all of the
   2-19  judges of those courts.
   2-20        SECTION 4.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended,
   2-25  and that this Act take effect and be in force from and after its
   2-26  passage, and it is so enacted.