By: Moncrief S.B. No. 1588 A BILL TO BE ENTITLED 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.