By Maxey H.B. No. 1463
77R3201 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to appropriate places of detention for certain mental
1-3 health services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 573.001(e), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (e) A jail or similar detention facility may not be deemed
1-8 suitable under any circumstances [except in an extreme emergency].
1-9 SECTION 2. Section 573.012, Health and Safety Code, is
1-10 amended by amending Subsections (f) and (g) and adding Subsection
1-11 (h) to read as follows:
1-12 (f) A person may not be detained in a nonmedical facility
1-13 used to detain persons who are charged with or convicted of a
1-14 crime.
1-15 (g) The warrant serves as an application for detention in
1-16 the facility. The warrant and a copy of the application for the
1-17 warrant shall be immediately transmitted to the facility.
1-18 (h) [(g)] If there is more than one court with probate
1-19 jurisdiction in a county, an administrative order regarding
1-20 presentation of an application must be jointly issued by all of the
1-21 judges of those courts.
1-22 SECTION 3. Section 574.023, Health and Safety Code, is
1-23 amended by adding Subsection (f) to read as follows:
1-24 (f) A person may not be detained in a nonmedical facility
2-1 used to detain persons who are charged with or convicted of a
2-2 crime.
2-3 SECTION 4. Section 574.027(c), Health and Safety Code, is
2-4 amended to read as follows:
2-5 (c) A person under a protective custody order may not be
2-6 detained in a nonmedical facility used to detain persons who are
2-7 charged with or convicted of a crime [except because of and during
2-8 an extreme emergency and in no case for longer than 72 hours,
2-9 excluding Saturdays, Sundays, legal holidays, and the period
2-10 prescribed by Section 574.025(b) for an extreme emergency. The
2-11 person must be isolated from any person who is charged with or
2-12 convicted of a crime].
2-13 SECTION 5. Sections 573.001(f) and 574.027(d), Health and
2-14 Safety Code, are repealed.
2-15 SECTION 6. This Act takes effect immediately if it receives
2-16 a vote of two-thirds of all the members elected to each house, as
2-17 provided by Section 39, Article III, Texas Constitution. If this
2-18 Act does not receive the vote necessary for immediate effect, this
2-19 Act takes effect September 1, 2001.