By Thompson                                           H.B. No. 2093
       74R4118 JJT-D
                                 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(a), Health and Safety Code, is
    1-7  amended to read as follows:
    1-8        (a)  An applicant for emergency detention must present the
    1-9  application personally to a court with probate jurisdiction.  If
   1-10  the judge of the court is not available at the time the application
   1-11  is presented, court staff shall retain the application and present
   1-12  the application to another judge or a magistrate as soon as
   1-13  practicable <judge or magistrate>.  The judge or magistrate shall
   1-14  examine the application and may interview the applicant.
   1-15        SECTION 2.  The heading to Subchapter B, Chapter 573, Health
   1-16  and Safety Code, is amended to read as follows:
   1-17           SUBCHAPTER B.  JUDGE'S OR MAGISTRATE'S ORDER FOR
   1-18                 EMERGENCY APPREHENSION AND DETENTION
   1-19        SECTION 3.  Sections 573.012(a), (b), and (d), Health and
   1-20  Safety Code, are amended to read as follows:
   1-21        (a)  An applicant for emergency detention must present the
   1-22  application personally to a court with probate jurisdiction.  If
   1-23  the judge of the court is not available at the time the application
   1-24  is presented, court staff shall retain the application and present
    2-1  the application to another judge or a magistrate as soon as
    2-2  practicable <magistrate>.  The judge or magistrate shall examine
    2-3  the application and may interview the applicant.
    2-4        (b)  The judge or magistrate shall deny the application
    2-5  unless the judge or magistrate finds that there is reasonable cause
    2-6  to believe that:
    2-7              (1)  the person evidences mental illness;
    2-8              (2)  the person evidences a substantial risk of serious
    2-9  harm to himself or others;
   2-10              (3)  the risk of harm is imminent unless the person is
   2-11  immediately restrained; and
   2-12              (4)  the necessary restraint cannot be accomplished
   2-13  without emergency detention.
   2-14        (d)  The judge or magistrate shall issue to an on-duty peace
   2-15  officer a warrant for the person's immediate apprehension if the
   2-16  judge or magistrate finds that each criterion under Subsection (b)
   2-17  is satisfied.
   2-18        SECTION 4.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended,
   2-23  and that this Act take effect and be in force from and after its
   2-24  passage, and it is so enacted.