By Tillery H.B. No. 1797 76R4765 JJT-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the transportation of certain individuals who may have 1-3 a mental illness and are admitted to a county mental health 1-4 facility for emergency detention. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 573.022, Health and Safety Code, is 1-7 amended to read as follows: 1-8 Sec. 573.022. EMERGENCY ADMISSION AND DETENTION. (a) A 1-9 person may be admitted to a facility for emergency detention only 1-10 if the physician who conducted the preliminary examination of the 1-11 person makes a written statement that: 1-12 (1) is acceptable to the facility; 1-13 (2) states that after a preliminary examination it is 1-14 the physician's opinion that: 1-15 (A) the person is mentally ill; 1-16 (B) the person evidences a substantial risk of 1-17 serious harm to himself or others; 1-18 (C) the described risk of harm is imminent 1-19 unless the person is immediately restrained; and 1-20 (D) emergency detention is the least restrictive 1-21 means by which the necessary restraint may be accomplished; and 1-22 (3) includes: 1-23 (A) a description of the nature of the person's 1-24 mental illness; 2-1 (B) a specific description of the risk of harm 2-2 the person evidences that may be demonstrated either by the 2-3 person's behavior or by evidence of severe emotional distress and 2-4 deterioration in the person's mental condition to the extent that 2-5 the person cannot remain at liberty; and 2-6 (C) the specific detailed information from which 2-7 the physician formed the opinion in Subdivision (2). 2-8 (b) A county mental health facility that has admitted a 2-9 person for emergency detention under this section may transport the 2-10 person to: 2-11 (1) a facility of the single portal authority for the 2-12 area; 2-13 (2) an appropriate inpatient mental health facility, 2-14 if no single portal authority serves the area; or 2-15 (3) a facility deemed suitable by the county's mental 2-16 health authority, if no single portal authority serves the area and 2-17 an appropriate inpatient mental health facility is not available. 2-18 SECTION 2. 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.