By Moncrief                                           S.B. No. 1588
         77R6015 CBH-D                           
                                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.
 1-5           SECTION 1.  Section 573.021(b), Health and Safety Code, is
 1-6     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 in another area of the
1-16     facility.  If the 24-hour period ends on a Saturday, Sunday, legal
1-17     holiday, or before 4 p.m. on the first succeeding business day, the
1-18     person may be detained until 4 p.m. on the first succeeding
1-19     business day.  If extremely hazardous weather conditions exist or a
1-20     disaster occurs, the presiding judge or magistrate may, by written
1-21     order made each day, extend by an additional 24 hours the period
1-22     during which the person may be detained.  The written order must
1-23     declare that an emergency exists because of the weather or the
1-24     occurrence of a disaster.
 2-1           SECTION 2.  This Act takes effect immediately if it receives
 2-2     a vote of two-thirds of all the members elected to each house, as
 2-3     provided by Section 39, Article III, Texas Constitution.  If this
 2-4     Act does not receive the vote necessary for immediate effect, this
 2-5     Act takes effect September 1, 2001.