1-1 By: Moncrief S.B. No. 1588 1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read 1-3 first time and referred to Committee on Health and Human Services; 1-4 April 11, 2001, reported favorably, as amended, by the following 1-5 vote: Yeas 7, Nays 0; April 11, 2001, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Moncrief 1-7 Amend S.B. No. 1588, on page 1, line 24, by inserting "emergency 1-8 care" between "room or" and "in another". 1-9 A BILL TO BE ENTITLED 1-10 AN ACT 1-11 relating to a preliminary examination for emergency detention 1-12 because of mental illness. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Subsection (b), Section 573.021, Health and 1-15 Safety Code, is amended to read as follows: 1-16 (b) A person accepted for a preliminary examination may be 1-17 detained in custody for not longer than 24 hours after the time the 1-18 person is presented to the facility unless a written order for 1-19 further detention is obtained. The 24-hour period allowed by this 1-20 section includes any time the patient spends waiting in the 1-21 facility for medical care before the person receives the 1-22 preliminary examination. The period does not include any time 1-23 during which the person is actually receiving necessary medical 1-24 care in the facility's emergency room or in another area of the 1-25 facility. If the 24-hour period ends on a Saturday, Sunday, legal 1-26 holiday, or before 4 p.m. on the first succeeding business day, the 1-27 person may be detained until 4 p.m. on the first succeeding 1-28 business day. If extremely hazardous weather conditions exist or a 1-29 disaster occurs, the presiding judge or magistrate may, by written 1-30 order made each day, extend by an additional 24 hours the period 1-31 during which the person may be detained. The written order must 1-32 declare that an emergency exists because of the weather or the 1-33 occurrence of a disaster. 1-34 SECTION 2. This Act takes effect immediately if it receives 1-35 a vote of two-thirds of all the members elected to each house, as 1-36 provided by Section 39, Article III, Texas Constitution. If this 1-37 Act does not receive the vote necessary for immediate effect, this 1-38 Act takes effect September 1, 2001. 1-39 * * * * *