By: Hull, Dutton, Lozano, H.B. No. 1927
      A. Johnson of Harris, Landgraf
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a parent's right to intervene in the apprehension by a
  peace officer of a child for an emergency detention and certain
  requirements and restrictions applicable to an emergency
  detention.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 573.001, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (i) to
  read as follows:
         (a)  Subject to Section 573.0011, a [A] peace officer,
  without a warrant, may take a person into custody, regardless of the
  age of the person, if the officer:
               (1)  has reason to believe and does believe that:
                     (A)  the person is a person with mental illness;
  and
                     (B)  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
               (2)  believes that there is not sufficient time to
  obtain a warrant before taking the person into custody.
         (i)  A peace officer who takes a person into custody under
  Subsection (a) must use age-appropriate trauma-informed practices
  in responding to the situation.
         SECTION 2.  Subchapter A, Chapter 573, Health and Safety
  Code, is amended by adding Sections 573.0011 and 573.0012 to read as
  follows:
         Sec. 573.0011.  PARENT'S RIGHT TO INTERVENE IN EMERGENCY
  DETENTION OF CHILD.  (a)  In this section, "child" means a person
  younger than 18 years of age.
         (b)  A parent, guardian, conservator, or other person
  standing in parental relation to a child who is made aware that the
  child is being placed under an emergency detention under this
  subchapter has the right to take custody of the child and may
  voluntarily seek treatment or services for the child from a
  provider of the person's choice.
         (c)  A peace officer, including a school district peace
  officer commissioned under Section 37.081, Education Code, may not
  place a child under an emergency detention under this subchapter
  without first attempting to contact the child's parent, guardian,
  conservator, or other person standing in parental relation to the
  child and informing the person about the person's right under
  Subsection (b).
         (d)  If a peace officer transports a child to a facility
  under Section 573.001, the officer must include a statement
  describing the officer's attempt to contact a parent, guardian,
  conservator, or other person standing in parental relation to the
  child, as required by Subsection (c), in the emergency detention
  form described by Section 573.002(d) that the officer files with
  the facility as a notification of detention under that section.
         (e)  If a school district peace officer transports a child to
  a facility under Section 573.001, in addition to the requirement
  imposed by Subsection (d), the officer must also document the
  officer's attempt to contact a parent, guardian, conservator, or
  other person standing in parental relation to the child, as
  required by Subsection (c), in the child's student records with the
  school district, and the district must forward a copy of the
  applicable records to the child's parent, guardian, conservator, or
  other person standing in parental relation to the child.
         Sec. 573.0012.  CERTAIN RESTRAINT DEVICES PROHIBITED ON
  CHILD 10 YEARS OF AGE OR YOUNGER. (a)  A peace officer may not use
  handcuffs, electrical devices, chemical agents, or any other
  similar devices intended for use in the control or management of
  detainees to apprehend a child 10 years of age or younger for
  purposes of an emergency detention under this subchapter unless the
  child poses an imminent risk of harm to the child or another person.
         (b)  If a peace officer uses a restraint device described
  under Subsection (a) to apprehend a child, the officer must include
  in the emergency detention form described by Section 573.002(d)
  filed with a facility as a notification of detention under that
  section a statement describing the circumstances that formed the
  basis for the officer's belief that a risk of harm was imminent
  unless the child was immediately restrained.
         SECTION 3.  The changes in law made by this Act apply only to
  the apprehension for an emergency detention that occurs on or after
  the effective date of this Act. An apprehension for emergency
  detention that occurs before the effective date of this Act is
  governed by the law in effect on the date the apprehension for
  emergency detention occurred, and the former law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2023.