79R7592 JJT-F

By:  Davis of Harris                                              H.B. No. 3303



A BILL TO BE ENTITLED

AN ACT

relating to emergency apprehension and detention of a person 
believed to have a mental illness.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 573.001, Health and Safety Code, is 
amended by adding Subsections (g) and (h) to read as follows:
	(g)  A peace officer shall take a person into custody and 
transport that person as provided by Subsection (d) if a physician 
represents to the officer that:
		(1)  the physician examined the person during the 
preceding 24 hours; and
		(2)  based on the examination, the physician concludes 
that the person is mentally ill and that, as demonstrated by the 
person's behavior or by evidence of severe emotional distress and 
deterioration in the person's mental condition, because of that 
mental illness there is a substantial risk of serious harm to the 
person or to others unless the person is immediately restrained.
	(h)  A physician shall provide to the peace officer the 
physician's specific description of the risk of harm and a detailed 
description of the specific relevant behavior, acts, attempts, or 
threats by the person to be transported.
	SECTION 2.  Subchapter A, Chapter 573, Health and Safety 
Code, is amended by adding Section 573.005 to read as follows:
	Sec. 573.005.  TRANSPORTATION AND APPLICATION FOR EMERGENCY 
DETENTION BY PHYSICIAN.  (a)  A physician without the assistance of 
a peace officer may transport or order the transportation of a 
person to an inpatient mental health facility for a preliminary 
examination in accordance with Section 573.021 if:
		(1)  the physician examined the person during the 
preceding 24 hours; and
		(2)  based on the examination, the physician concludes 
that the person is mentally ill and that, as demonstrated by the 
person's behavior or by evidence of severe emotional distress and 
deterioration in the person's mental condition, because of that 
mental illness there is a substantial risk of serious harm to the 
person or to others unless the person is immediately restrained.
	(b)  After transporting or ordering the transportation of a 
person to a facility under this section, the physician immediately 
shall file an application for detention with the facility.
	(c)  The application for detention must contain a statement 
that:     
		(1)  the physician examined the person during the 
preceding 24 hours;
		(2)  based on the examination, the physician concludes 
that the person is mentally ill and that, as demonstrated by the 
person's behavior or by evidence of severe emotional distress and 
deterioration in the person's mental condition, because of that 
mental illness there is a substantial risk of serious harm to the 
person or to others unless the person is immediately restrained; 
and
		(3)  provides a specific description of the risk of 
harm and a detailed description of the specific relevant behavior, 
acts, attempts, or threats by the person to be detained.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.