1-1 By: Thompson (Senate Sponsor - Whitmire) H.B. No. 2093 1-2 (In the Senate - Received from the House April 21, 1995; 1-3 April 24, 1995, read first time and referred to Committee on 1-4 Jurisprudence; May 9, 1995, reported favorably by the following 1-5 vote: Yeas 6, Nays 0; May 9, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to applications for emergency detention of certain persons 1-9 at risk of harming themselves or others because of the effects of 1-10 mental illness or substance abuse. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Section 462.043, Health and Safety Code, is 1-13 amended by amending Subsection (a) and adding Subsection (f) to 1-14 read as follows: 1-15 (a) An applicant for emergency detention must present the 1-16 application personally to a judge or magistrate. The judge or 1-17 magistrate shall examine the application and may interview the 1-18 applicant. Except as provided by Subsection (f), the judge of a 1-19 court with probate jurisdiction by administrative order may provide 1-20 that the application must be: 1-21 (1) presented personally to the court; or 1-22 (2) retained by court staff and presented to another 1-23 judge or magistrate as soon as is practicable if the judge of the 1-24 court is not available at the time the application is presented. 1-25 (f) If there is more than one court with probate 1-26 jurisdiction in a county, an administrative order regarding 1-27 presentation of an application must be jointly issued by all of the 1-28 judges of those courts. 1-29 SECTION 2. The heading to Subchapter B, Chapter 573, Health 1-30 and Safety Code, is amended to read as follows: 1-31 SUBCHAPTER B. JUDGE'S OR MAGISTRATE'S ORDER FOR 1-32 EMERGENCY APPREHENSION AND DETENTION 1-33 SECTION 3. Section 573.012, Health and Safety Code, is 1-34 amended by amending Subsection (a) and adding Subsection (g) to 1-35 read as follows: 1-36 (a) An applicant for emergency detention must present the 1-37 application personally to a judge or magistrate. The judge or 1-38 magistrate shall examine the application and may interview the 1-39 applicant. Except as provided by Subsection (g), the judge of a 1-40 court with probate jurisdiction by administrative order may provide 1-41 that the application must be: 1-42 (1) presented personally to the court; or 1-43 (2) retained by court staff and presented to another 1-44 judge or magistrate as soon as is practicable if the judge of the 1-45 court is not available at the time the application is presented. 1-46 (g) If there is more than one court with probate 1-47 jurisdiction in a county, an administrative order regarding 1-48 presentation of an application must be jointly issued by all of the 1-49 judges of those courts. 1-50 SECTION 4. The importance of this legislation and the 1-51 crowded condition of the calendars in both houses create an 1-52 emergency and an imperative public necessity that the 1-53 constitutional rule requiring bills to be read on three several 1-54 days in each house be suspended, and this rule is hereby suspended, 1-55 and that this Act take effect and be in force from and after its 1-56 passage, and it is so enacted. 1-57 * * * * *