By: West, Huffman S.B. No. 359
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a peace officer to apprehend a person
  for emergency detention and the authority of certain facilities to
  temporarily detain a person with mental illness.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter A, Chapter 573, Health
  and Safety Code, is amended to read as follows:
  SUBCHAPTER A.  APPREHENSION, [BY PEACE OFFICER OR] TRANSPORTATION,
  OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER [FOR EMERGENCY
  DETENTION BY GUARDIAN]
         SECTION 2.  Section 573.001, Health and Safety Code, is
  amended by adding Subsection (i) to read as follows:
         (i)  A peace officer may take a person who has been admitted
  to a facility into custody under this section.  For purposes of this
  subsection, "facility" has the meaning assigned by Section 573.005.
         SECTION 3.  Subchapter A, Chapter 573, Health and Safety
  Code, is amended by adding Section 573.005 to read as follows:
         Sec. 573.005.  TEMPORARY DETENTION BY CERTAIN FACILITIES.  
  (a)  In this section, "facility" means:
               (1)  a mental health facility;
               (2)  a hospital, or the emergency department of a
  hospital, licensed under Chapter 241; and
               (3)  a freestanding emergency medical care facility
  licensed under Chapter 254.
         (b)  This section does not apply to a person who has been
  transported to a facility for emergency detention under this
  chapter.
         (c)  A facility may detain a person who voluntarily requested
  treatment from the facility or who lacks the capacity to consent to
  treatment, as provided by this section, if:
               (1)  the person expresses a desire to leave the
  facility or attempts to leave the facility before the examination
  or treatment is completed; and
               (2)  a physician at the facility:
                     (A)  has reason to believe and does believe that:
                           (i)  the person has a mental illness; and
                           (ii)  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
                     (B)  believes that there is not sufficient time to
  file an application for emergency detention or for an order of
  protective custody.
         (d)  The facility staff or physician shall notify the person
  if the facility intends to detain the person under this section.
         (e)  The physician shall document a decision to detain a
  person under this section and place that notice of detention in the
  person's medical record.  The notice of detention must contain:
               (1)  a statement that the physician has reason to
  believe and does believe that the person evidences mental illness;
               (2)  a statement that the physician has reason to
  believe and does believe that the person evidences a substantial
  risk of serious harm to the person or others;
               (3)  a specific description of the risk of harm;
               (4)  a statement that the physician has reason to
  believe and does believe that the risk of harm is imminent unless
  the person is immediately restrained;
               (5)  a statement that the physician's beliefs are
  derived from specific recent behavior, overt acts, attempts, or
  threats that were observed by or reliably reported to the
  physician; and
               (6)  a detailed description of the specific behavior,
  acts, attempts, or threats.
         (f)  The period of a person's detention authorized by this
  section may not exceed four hours following the time the person
  first expressed a desire to leave, or attempted to leave, the
  facility.  The facility shall release the person not later than the
  end of the four-hour period unless the facility arranges for a peace
  officer to take the person into custody under Section 573.001 or an
  order of protective custody is issued.
         (g)  A physician, person, or facility that detains or fails
  to detain a person under this section and who acts in good faith and
  without malice is not civilly or criminally liable for that action.
         (h)  Detention of a person under this section is not
  considered involuntary psychiatric hospitalization for purposes of
  Section 411.172(e), Government Code.
         SECTION 4.  This Act takes effect September 1, 2015.