By Hartnett H.B. No. 2892
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the release of information regarding a person absent
1-3 without permission from a state mental health or mental retardation
1-4 facility.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sec. 574.083, Health and Safety Code, is amended
1-7 to read as follows:
1-8 Sec. 574.083. (a) The facility administrator of a facility
1-9 to which a patient was admitted for court ordered inpatient health
1-10 care services may have an absent patient taken into custody,
1-11 detained, and returned to the facility by filing an affidavit with
1-12 a magistrate and requesting the magistrate to order the patient's
1-13 return.[;]
1-14 [(1) signing a certificate authorizing the patient's
1-15 return; or]
1-16 [(2) filing the certificate with a magistrate and
1-17 requesting the magistrate to order the patient's return.]
1-18 (b) A magistrate may issue an order directing a peace or
1-19 health officer to take a patient into custody and return the
1-20 patient to the facility when [if] the facility administrator files
1-21 with the magistrate an affidavit [the certificate as prescribed by
2-1 this section] setting out sufficient facts establishing the
2-2 facility administrator's reasonable belief that the patient is
2-3 receiving court-ordered inpatient mental health services in the
2-4 facility and that:
2-5 (1) the patient is absent without authority from the
2-6 facility;
2-7 (2) the patient has violated the conditions of a pass
2-8 or furlough; or
2-9 (3) the patient's condition has deteriorated to the
2-10 extent that the patient's continued absence from the facility under
2-11 a pass or furlough is inappropriate.
2-12 [(c) The facility administrator may sign or file the
2-13 certificate if the facility administrator reasonably believes that:]
2-14 [(1) the patient is absent without authority from the
2-15 facility:]
2-16 [(2) the patient has violated the conditions of a pass
2-17 or furlough; or]
2-18 [(3) the patient's condition has deteriorated to the
2-19 extent that the patient's continued absence from the facility under
2-20 a pass or furlough is inappropriate.]
2-21 (c) A peace officer or health officer shall take the patient
2-22 into custody and return the patient to the facility as soon as
2-23 possible if the patient's return is authorized by the court order.
2-24 The order shall extend to any part of the State, and any peace
2-25 officer to whom the order is directed, or into whose hands the same
3-1 has been transferred, shall be authorized to execute the same in
3-2 any county in this State. If the patient cannot be immediately
3-3 returned to the facility named in the order, the patient may be
3-4 detained in an available local facility as necessary, but the
3-5 client may not be detained in a non-medical facility used to detain
3-6 persons who are charged with or convicted of a crime except because
3-7 of and during an extreme emergency and in no case for longer than
3-8 24 hours. If detained for any length of time in a non-medical
3-9 facility, the patient must be isolated from any person who is
3-10 charged with or convicted of a crime.
3-11 (d) The county health authority shall ensure that proper
3-12 care and medical attention are made available to a patient who is
3-13 detained in a non-medical facility under Subsection (c). [The peace
3-14 officer or health officer shall take the patient into custody and
3-15 return the patient to the facility as soon as possible if the
3-16 patient's return is authorized by the facility administrator's
3-17 certificate or the court order.]
3-18 (e) The peace officer or health officer may take the patient
3-19 into custody without having the court order in the officer's
3-20 possession.
3-21 (f) Notwithstanding any other law regarding the
3-22 confidentiality of the information, the facility administrator may
3-23 release information about the patient to law enforcement deemed
3-24 necessary to facilitate the patient's return to facility.
3-25 SECTION 2. Section 593.012, Health and Safety Code, is
4-1 amended to read as follows:
4-2 Sec. 593.012. (a) The superintendent of a residential care
4-3 facility to which a client was admitted for court-ordered care and
4-4 treatment may have a client who is absent without authority taken
4-5 into custody, detained, and returned to the facility by filing an
4-6 affidavit with a magistrate and requesting the magistrate to order
4-7 the client's return. [may immediately issue an order authorizing a
4-8 peace officer to detain a resident committed to the facility under
4-9 Subchapter C who is absent from the facility without proper
4-10 permission.]
4-11 (b) A magistrate may issue an order directing a peace
4-12 officer to take a client into custody and return the client to the
4-13 facility when the facility administrator has filed with the
4-14 magistrate an affidavit setting out sufficient facts establishing
4-15 the facility administrator's reasonable belief that the client is
4-16 receiving court-ordered treatment and care in the facility and
4-17 that:
4-18 (1) the client is absent without authority from the
4-19 facility;
4-20 (2) the client has violated the conditions of a pass
4-21 or furlough; or
4-22 (3) the client's condition has deteriorated to the
4-23 extent that the client's continued absence from the facility under
4-24 a pass or furlough is inappropriate. [A peace officer shall
4-25 immediately notify the superintendent when the officer takes a
5-1 resident into custody and shall promptly arrange the return of the
5-2 resident to the assigned facility on request of the
5-3 superintendent.]
5-4 (c) A peace officer shall take the client into custody and
5-5 return the client to the facility as soon as possible if the
5-6 client's return is authorized by the court order. The order shall
5-7 extend to any part of the State, and any peace officer to whom the
5-8 order is directed, or into whose hands the same has been
5-9 transferred, shall be authorized to execute the same in any county
5-10 in this State. If the client cannot be immediately returned to the
5-11 facility named in the order, the client may be detained in an
5-12 available local facility as necessary, but the client may not be
5-13 detained in a non-medical facility used to detain persons who are
5-14 charged with or convicted of a crime except because of and during
5-15 an extreme emergency and in no case for longer than 24 hours.
5-16 (d) The county health authority shall ensure that proper
5-17 care and medical attention are made available to a client who is
5-18 detained in a non-medical facility under Subsection (c).
5-19 (e) The peace officer may take the client into custody
5-20 without having the court order in the officer's possession.
5-21 (f) Notwithstanding any other law regarding the
5-22 confidentiality of the information, the facility administrator may
5-23 release information about the client to law enforcement deemed
5-24 necessary to facilitate the client's return to facility.
5-25 SECTION 3. The importance of this legislation and the
6-1 crowded condition of the calendars in both houses create an
6-2 emergency and an imperative public necessity that the
6-3 constitutional rule requiring bills to be read on three several
6-4 days in each house be suspended, and this rule is hereby suspended,
6-5 and that this Act take effect and be in force from and after its
6-6 passage, and it is so enacted.