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A BILL TO BE ENTITLED
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AN ACT
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relating to the emergency detention of certain persons with a |
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mental illness or cognitive disability; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.0001, Health and Safety Code, is |
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amended by adding Subdivision (3) to read as follows: |
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(3) "Cognitive disability" means a condition that |
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places certain limitations on a person's mental functioning or |
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skills. Cognitive disabilities include autism, Down syndrome, |
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traumatic brain injury, and dementia. |
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SECTION 2. Section 573.001, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (i) and |
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(j) to read as follows: |
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(a) A peace officer, without a warrant, may take a person |
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into custody, regardless of the age of the person, if the officer: |
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(1) has reason to believe and does believe that: |
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(A) the person is a person with mental illness or |
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cognitive disability; and |
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(B) because of that mental illness or cognitive |
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disability there is a substantial risk of serious harm to the person |
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or to others unless the person is immediately restrained; and |
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(2) believes that there is not sufficient time to |
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obtain a warrant before taking the person into custody. |
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(i) A peace officer who takes a person into custody under |
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Subsection (a) because the peace officer believes that the person |
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is a person with a cognitive disability shall make a good faith |
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effort to: |
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(1) use the least restrictive available and |
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appropriate means of transport; and |
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(2) include in transporting the person the person's |
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parent, appointed guardian, managing conservator, or possessory |
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conservator, as applicable. |
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(j) A peace officer who transports a person to a facility |
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under Subsection (d) shall immediately transfer custody of the |
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person to the facility. |
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SECTION 3. Section 573.012, Health and Safety Code, is |
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amended by amending Subsections (b), (d), and (e) and adding |
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Subsections (d-1), (f-1), (f-2), and (j) to read as follows: |
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(b) The judge or magistrate shall deny the application |
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unless the judge or magistrate finds that there is reasonable cause |
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to believe that: |
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(1) the person evidences mental illness; |
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(2) the person evidences a substantial risk of serious |
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harm to the person [himself] or others; |
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(3) the risk of harm is imminent unless the person is |
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immediately restrained; and |
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(4) the necessary restraint cannot be accomplished |
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without emergency detention. |
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(d) The judge or magistrate shall issue to an on-duty peace |
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officer a warrant for the person's immediate apprehension if the |
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judge or magistrate finds that each criterion under Subsection (b) |
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is satisfied. The judge or magistrate shall notify the applicable |
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law enforcement agency of the warrant by: |
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(1) e-mail with the warrant attached as a secure |
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document in a portable document format (PDF); or |
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(2) secure electronic means, including: |
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(A) satellite transmission; |
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(B) closed-circuit television transmission; or |
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(C) any other method of two-way electronic |
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communication that: |
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(i) is secure; |
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(ii) is available to the judge or |
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magistrate; and |
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(iii) provides for a simultaneous, |
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compressed full-motion video and interactive communication of |
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image and sound between the judge or magistrate and the agency. |
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(d-1) A law enforcement agency that receives a warrant |
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issued under Subsection (d) shall serve the warrant not later than |
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48 hours after the agency receives the warrant. |
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(e) Except as provided by Subsection (f-1), a [A] person |
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apprehended under this section shall be transported for a |
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preliminary examination in accordance with Section 573.021 to: |
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(1) the nearest appropriate inpatient mental health |
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facility; or |
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(2) a mental health facility deemed suitable by the |
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local mental health authority, if an appropriate inpatient mental |
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health facility is not available. |
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(f-1) If a law enforcement agency has entered into a |
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memorandum of understanding with a local mental health authority to |
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use telehealth service, as defined by Section 111.001, Occupations |
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Code, a peace officer who apprehends a person under this section may |
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arrange for a physician to conduct a telehealth appointment with |
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the apprehended person to determine whether emergency detention is |
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necessary before transporting the person to a facility described by |
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Subsection (e). If the physician conducting the telehealth |
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appointment determines that emergency detention is not required, |
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the peace officer shall release the person. |
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(f-2) If a peace officer releases an apprehended person |
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under Subsection (f-1), the peace officer must notify the judge or |
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magistrate who issued the warrant for apprehension under Subsection |
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(d) not later than 24 hours after the peace officer released the |
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person. |
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(j) A court may not charge a fee in excess of $25 for filing |
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an application for emergency detention or for issuing a warrant |
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under this subchapter. |
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SECTION 4. Section 573.021, Health and Safety Code, is |
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amended by adding Subsections (c-1), (c-2), and (c-3) to read as |
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follows: |
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(c-1) A facility may not discharge a person who has been |
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accepted for a preliminary examination before the expiration of the |
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48-hour period allowed by this section unless a: |
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(1) preliminary examination is completed; or |
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(2) physician has determined that the person is not a |
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substantial risk of serious harm to the person or others. |
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(c-2) If a peace officer is contacted to locate a person who |
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has left a facility before the earlier of the time a preliminary |
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exam is completed or the expiration of the 48-hour period allowed by |
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this section, the peace officer must make a good faith effort to |
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locate the person. |
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(c-3) If a peace officer locates a person described by |
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Subsection (c-2), the peace officer must: |
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(1) reevaluate whether the person meets the criteria |
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for apprehension under Section 573.001; and |
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(2) if the person meets the criteria for apprehension |
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under that section, transport the person to an appropriate facility |
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described by Subsection (d)(1) of that section. |
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SECTION 5. Section 573.024(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) If the person was apprehended by a peace officer under |
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Subchapter A, the facility the person was transported to shall make |
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arrangements [must be made] to immediately transport the person |
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under this section. If the person was transported for emergency |
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detention under Subchapter A or detained under Subchapter B, the |
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person is entitled to reasonably prompt transportation. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |