By Carona S.B. No. 432
77R5078 SMJ-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the detention and transportation of a person admitted
1-3 to a county mental health facility for mental health services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 573, Health and Safety
1-6 Code, is amended by adding Section 573.0215 to read as follows:
1-7 Sec. 573.0215. DETENTION AT COUNTY MENTAL HEALTH FACILITY.
1-8 (a) A person admitted to a county mental health facility for
1-9 mental health services may be detained in custody if:
1-10 (1) a physician conducts a preliminary examination of
1-11 the person;
1-12 (2) after the examination, the physician makes a
1-13 written statement that:
1-14 (A) states that it is the physician's opinion
1-15 that:
1-16 (i) the person is mentally ill;
1-17 (ii) the person evidences a substantial
1-18 risk of serious harm to the person or to others;
1-19 (iii) the described risk of harm is
1-20 imminent unless the person is immediately restrained; and
1-21 (iv) detention is the least restrictive
1-22 means by which the necessary restraint may be accomplished; and
1-23 (B) includes:
1-24 (i) a description of the nature of the
2-1 person's mental illness;
2-2 (ii) a specific description of the risk of
2-3 harm the person evidences that may be demonstrated either by the
2-4 person's behavior or by evidence of severe emotional distress and
2-5 deterioration in the person's mental condition to the extent that
2-6 the person cannot remain at liberty; and
2-7 (iii) the specific detailed information
2-8 from which the physician formed the opinion under Paragraph (A);
2-9 and
2-10 (3) an application for emergency detention or for
2-11 court-ordered mental health services for the person is filed.
2-12 (b) A person may be detained in custody under this section
2-13 for not longer than 24 hours after the time the person enters a
2-14 county mental health facility unless a written order for further
2-15 detention is obtained. If the 24-hour period ends on a Saturday,
2-16 Sunday, or legal holiday or before 4 p.m. on the first succeeding
2-17 business day, the person may be detained until 4 p.m. on the first
2-18 succeeding business day. If extremely hazardous weather conditions
2-19 exist or a disaster occurs, the presiding judge or magistrate may,
2-20 by written order made each day, extend by an additional 24 hours
2-21 the period during which the person may be detained. The written
2-22 order must declare that an emergency exists because of the weather
2-23 or the occurrence of a disaster.
2-24 (c) A county mental health facility may transport a person
2-25 who is detained under this section to:
2-26 (1) a facility of the single portal authority for the
2-27 service area;
3-1 (2) an appropriate inpatient mental health facility,
3-2 if no single portal authority serves the area; or
3-3 (3) a facility considered suitable by the county's
3-4 mental health authority, if no single portal authority serves the
3-5 area and an appropriate inpatient mental health facility is not
3-6 available.
3-7 (d) The time limits described by Subsection (b) are not
3-8 affected by transporting the person under Subsection (c).
3-9 SECTION 2. Section 573.022, Health and Safety Code, is
3-10 amended to read as follows:
3-11 Sec. 573.022. EMERGENCY ADMISSION AND DETENTION. [(a)] A
3-12 person may be admitted to a facility for emergency detention only
3-13 if the physician who conducted the preliminary examination of the
3-14 person makes a written statement that:
3-15 (1) is acceptable to the facility;
3-16 (2) states that after a preliminary examination it is
3-17 the physician's opinion that:
3-18 (A) the person is mentally ill;
3-19 (B) the person evidences a substantial risk of
3-20 serious harm to himself or others;
3-21 (C) the described risk of harm is imminent
3-22 unless the person is immediately restrained; and
3-23 (D) emergency detention is the least restrictive
3-24 means by which the necessary restraint may be accomplished; and
3-25 (3) includes:
3-26 (A) a description of the nature of the person's
3-27 mental illness;
4-1 (B) a specific description of the risk of harm
4-2 the person evidences that may be demonstrated either by the
4-3 person's behavior or by evidence of severe emotional distress and
4-4 deterioration in the person's mental condition to the extent that
4-5 the person cannot remain at liberty; and
4-6 (C) the specific detailed information from which
4-7 the physician formed the opinion in Subdivision (2).
4-8 [(b) A county mental health facility that has admitted a
4-9 person for emergency detention under this section may transport the
4-10 person to:]
4-11 [(1) a facility of the single portal authority for the
4-12 area;]
4-13 [(2) an appropriate inpatient mental health facility,
4-14 if no single portal authority serves the area; or]
4-15 [(3) a facility deemed suitable by the county's mental
4-16 health authority, if no single portal authority serves the area and
4-17 an appropriate inpatient mental health facility is not available.]
4-18 SECTION 3. Section 573.025(a), Health and Safety Code, is
4-19 amended to read as follows:
4-20 (a) A person apprehended or detained under this chapter has
4-21 the right:
4-22 (1) to be advised of the location of detention, the
4-23 reasons for the detention, and the fact that the detention could
4-24 result in a longer period of involuntary commitment;
4-25 (2) to a reasonable opportunity to communicate with
4-26 and retain an attorney;
4-27 (3) to be transported to a location as provided by
5-1 Section 573.024 if the person is not admitted for emergency
5-2 detention, unless the person is arrested or objects;
5-3 (4) to be released from a facility as provided by
5-4 Section 573.023;
5-5 (5) to be advised that communications with a mental
5-6 health professional may be used in proceedings for further
5-7 detention; and
5-8 (6) to be transported in accordance with Section
5-9 [Sections] 573.026 or [and] 574.045, if the person is detained
5-10 under Section 573.0215 or 573.022 or is transported under an order
5-11 of protective custody under Section 574.023.
5-12 SECTION 4. This Act takes effect immediately if it receives
5-13 a vote of two-thirds of all the members elected to each house, as
5-14 provided by Section 39, Article III, Texas Constitution. If this
5-15 Act does not receive the vote necessary for immediate effect, this
5-16 Act takes effect September 1, 2001.