| |
| |
| |
|
|
AN ACT
|
|
|
relating to an application for emergency detention and to the |
|
|
transfer to a mental hospital of a person admitted for emergency |
|
|
detention. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 573.012, Health and Safety Code, is |
|
|
amended by amending Subsection (h) and adding Subsection (h-1) to |
|
|
read as follows: |
|
|
(h) A judge or magistrate may permit an applicant who is a |
|
|
physician to present an application by: |
|
|
(1) e-mail with the application attached as a secure |
|
|
document in a portable document format (PDF); or |
|
|
(2) secure electronic means, including: |
|
|
(A) satellite transmission; |
|
|
(B) [,] closed-circuit television |
|
|
transmission;[,] or |
|
|
(C) any other method of two-way electronic |
|
|
communication that: |
|
|
(i) [(1)] is secure; |
|
|
(ii) [(2)] is available to the judge or |
|
|
magistrate; and |
|
|
(iii) [(3)] provides for a simultaneous, |
|
|
compressed full-motion video and interactive communication of |
|
|
image and sound between the judge or magistrate and the applicant. |
|
|
(h-1) After the presentation of an application under |
|
|
Subsection (h), the judge or magistrate may transmit a warrant to |
|
|
the applicant: |
|
|
(1) electronically, if a digital signature, as defined |
|
|
by Article 2.26, Code of Criminal Procedure, is transmitted with |
|
|
the document; or |
|
|
(2) by e-mail with the warrant attached as a secure |
|
|
document in a portable document format (PDF), if the identifiable |
|
|
legal signature of the judge or magistrate is transmitted with the |
|
|
document. |
|
|
SECTION 2. Section 573.022, Health and Safety Code, is |
|
|
amended by adding Subsection (c) to read as follows: |
|
|
(c) A facility that has admitted a person for emergency |
|
|
detention under Subsection (a) or to which a person has been |
|
|
transported under Subsection (b) may transfer the person to an |
|
|
appropriate mental hospital with the written consent of the |
|
|
hospital administrator. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1829 was passed by the House on April |
|
|
14, 2011, by the following vote: Yeas 142, Nays 0, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 1829 on May 16, 2011, by the following vote: Yeas 141, Nays 0, |
|
|
1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 1829 was passed by the Senate, with |
|
|
amendments, on May 10, 2011, by the following vote: Yeas 31, Nays |
|
|
0 |
|
|
. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |