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.