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                               * * * * *