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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures applicable to the emergency detention of a |
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person with mental illness at a mental health facility, including |
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the detention, transportation, and transfer of the person and to |
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certain best practices for courts with jurisdiction over emergency |
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mental health matters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.001(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) A peace officer who takes a person into custody under |
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Subsection (a) shall immediately[: |
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[(1)] transport the apprehended person to: |
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(1) [(A)] the nearest appropriate inpatient mental |
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health facility located within 100 miles from where the person was |
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apprehended; or |
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(2) the nearest hospital emergency department, if the |
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person is in need of emergency medical care [(B) a mental health |
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facility deemed suitable by the local mental health authority, if |
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an appropriate inpatient mental health facility is not available; |
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or |
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[(2) transfer the apprehended person to emergency |
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medical services personnel of an emergency medical services |
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provider in accordance with a memorandum of understanding executed |
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under Section 573.005 for transport to a facility described by |
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Subdivision (1)(A) or (B)]. |
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SECTION 2. Subchapter B, Chapter 573, Health and Safety |
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Code, is amended by adding Section 573.013 to read as follows: |
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Sec. 573.013. JUDICIAL BEST PRACTICES AND PROCEDURES. The |
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Office of Court Administration of the Texas Judicial System shall |
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develop and provide to each court in the state with jurisdiction to |
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hear emergency mental health matters under this chapter best |
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practices and procedures for ensuring that a judge or magistrate is |
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available 24 hours a day, seven days a week to respond to |
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applications for emergency detention under Section 573.012(h). |
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SECTION 3. Sections 573.021(a), (b), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(a) A mental health facility shall temporarily accept a |
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person for whom an application for detention is filed or for whom a |
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peace officer or emergency medical services personnel of an |
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emergency medical services provider transporting the person in |
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accordance with a memorandum of understanding executed under |
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Section 573.005 files a notification of detention completed by the |
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peace officer under Section 573.002(a). |
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(b) A person accepted for a preliminary examination may be |
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detained in custody for not longer than 48 hours after the time the |
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person is presented to the mental health facility unless a written |
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order for protective custody is obtained. The 48-hour period |
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allowed by this section includes any time the patient spends |
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waiting in the mental health facility for medical care before the |
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person receives the preliminary examination. If the 48-hour |
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period ends on a Saturday, Sunday, legal holiday, or before 4 p.m. |
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on the first succeeding business day, the person may be detained |
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until 4 p.m. on the first succeeding business day. If the 48-hour |
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period ends at a different time, the person may be detained only |
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until 4 p.m. on the day the 48-hour period ends. If extremely |
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hazardous weather conditions exist or a disaster occurs, the |
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presiding judge or magistrate may, by written order made each day, |
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extend by an additional 24 hours the period during which the person |
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may be detained. The written order must declare that an emergency |
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exists because of the weather or the occurrence of a disaster. |
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(d) A mental health facility must comply with this section |
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only to the extent that the commissioner determines that a mental |
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health facility has sufficient resources to perform the necessary |
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services under this section. |
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SECTION 4. Section 573.022, Health and Safety Code, is |
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amended by amending Subsection (c) and adding Subsections (d) and |
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(e) to read as follows: |
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(c) A facility that has admitted a person for emergency |
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detention under Subsection (a) or to which a person has been |
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transported under Subsection (b) may transfer the person to an |
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appropriate mental hospital with the written consent of the |
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treating physician or hospital administrator. |
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(d) A peace officer may transport a person approved for |
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transfer under Subsection (c) without a court order if the person is |
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still subject to an unexpired notification of detention filed under |
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Section 573.002. A copy of the notification must accompany the |
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person to the receiving facility. This subsection applies only in a |
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county with a population of 550,000 or more that is adjacent to a |
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county with a population of 3.3 million or more. |
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(e) A treating physician or hospital administrator who |
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recommends the transfer of a person under Subsection (c) to a more |
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appropriate mental hospital is immune from civil liability if the |
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recommendation was made based on a reasonable and prudent medical |
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decision to ensure care for the person. |
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SECTION 5. The changes in law made by this Act apply to an |
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emergency detention under Chapter 573, Health and Safety Code, that |
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begins on or after the effective date of this Act. An emergency |
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detention under Chapter 573, Health and Safety Code, that begins |
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before the effective date of this Act is governed by the law as it |
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existed immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 6. As soon as practicable after the effective date |
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of this Act, the Office of Court Administration of the Texas |
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Judicial System shall develop the best practices and procedures as |
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required by Section 573.013, Health and Safety Code, as added by |
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this Act. |
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SECTION 7. This Act takes effect September 1, 2023. |