74R9579 JJT-F By Thompson H.B. No. 2093 Substitute the following for H.B. No. 2093: By Thompson C.S.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.