1-1                                   AN ACT
 1-2     relating to a preliminary examination for emergency detention
 1-3     because of mental illness.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (b), Section 573.021, Health and
 1-6     Safety Code, is amended to read as follows:
 1-7           (b)  A person accepted for a preliminary examination may be
 1-8     detained in custody for not longer than 24 hours after the time the
 1-9     person is presented to the facility unless a written order for
1-10     further detention is obtained.  The 24-hour period allowed by this
1-11     section includes any time the patient spends waiting in the
1-12     facility for medical care before the person receives the
1-13     preliminary examination.  The period does not include any time
1-14     during which the person is actually receiving necessary medical
1-15     care in the facility's emergency room or emergency care in another
1-16     area of the facility.  If the 24-hour period ends on a Saturday,
1-17     Sunday, legal holiday, or before 4 p.m. on the first succeeding
1-18     business day, the person may be detained until 4 p.m. on the first
1-19     succeeding business day.  If extremely hazardous weather conditions
1-20     exist or a disaster occurs, the presiding judge or magistrate may,
1-21     by written order made each day, extend by an additional 24 hours
1-22     the period during which the person may be detained.  The written
1-23     order must declare that an emergency exists because of the weather
1-24     or the occurrence of a disaster.
1-25           SECTION 2.  This Act takes effect immediately if it receives
 2-1     a vote of two-thirds of all the members elected to each house, as
 2-2     provided by Section 39, Article III, Texas Constitution.  If this
 2-3     Act does not receive the vote necessary for immediate effect, this
 2-4     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1588 passed the Senate on
         April 20, 2001, by the following vote:  Yeas 30, Nays 0, one
         present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1588 passed the House on
         May 17, 2001, by the following vote:  Yeas 140, Nays 0, two
         present, not voting.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor