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2-14     Safety Code, are repealed.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.