89R21677 EAS-D
	By: Hull	H.B. No. 1583
	Substitute the following for H.B. No. 1583:
	By:  Hefner	C.S.H.B. No. 1583

	A BILL TO BE ENTITLED
	AN ACT
	relating to the peace officer's notification of emergency detention
	form for persons evidencing mental illness and retention of that
	form.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Section 573.002, Health and
	Safety Code, is amended to read as follows:
	Sec. 573.002.  PEACE OFFICER'S NOTIFICATION OF EMERGENCY
	DETENTION.
	SECTION 2.  Section 573.002, Health and Safety Code, is
	amended by amending Subsections (a), (b), (c), and (d) and adding
	Subsection (d-1) to read as follows:
	(a)  A peace officer shall immediately file with a facility a
	notification of emergency detention after transporting a person to
	that facility in accordance with Section 573.001.  Emergency
	medical services personnel of an emergency medical services
	provider who transport a person to a facility at the request of a
	peace officer made in accordance with a memorandum of understanding
	executed under Section 573.005 shall immediately file with the
	facility the notification of emergency detention completed by the
	peace officer who made the request.
	(b)  The notification of emergency detention must contain:
	(1)  a statement that the officer has reason to believe
	and does believe that the person evidences mental illness;
	(2)  a statement that the officer 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 officer has reason to
	believe and does believe that the risk of harm is imminent unless
	the person is immediately restrained;
	(4) [(5)]  a statement that the officer's beliefs are
	derived from specific recent behavior, overt acts, attempts, or
	threats that were observed by or reliably reported to the officer;
	(5) [(6)]  a detailed description of the specific
	behavior, acts, attempts, or threats; and
	(6) [(7)]  the name and relationship to the apprehended
	person of any person who reported or observed the behavior, acts,
	attempts, or threats.
	(c)  The facility where the person is detained shall include
	in the detained person's clinical file the notification of
	emergency detention described by this section.
	(d)  The peace officer shall provide the notification of
	emergency detention in substantially [on] the following form, to
	the best of the officer's ability:
	Notification--Emergency Detention    AGENCY CASE NO. ____________
	DATE:_______________ TIME:_______________
	THE STATE OF TEXAS
	FOR THE BEST INTEREST AND PROTECTION OF:
	______________________________________
	DOB:_____________ RACE:______________ GENDER:_______________ _____________ RACE:______________ GENDER:_______________
	PHONE NUMBER:______________ ADDRESS:______________________________________ ADDRESS:________________________
	NOTIFICATION OF EMERGENCY DETENTION
	Now comes _____________________________, a peace officer with
	(name of agency) _____________________________, of the State of
	Texas, and states as follows:
	[1.]  I have reason to believe and do believe that (name of
	person to be detained) __________________________ evidences mental
	illness;[.]
	[2.]  I have reason to believe and do believe that the
	above-named person evidences a substantial risk of serious harm to
	himself/herself or others based on the person's behavior or
	evidence the person is experiencing severe emotional distress and
	deterioration to the extent the person cannot remain at liberty;
	and [upon the following:
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	]
	[3.]  I have reason to believe and do believe that the [above]
	risk of harm is imminent unless the above-named person is
	immediately detained [restrained].
	1. [4.]  My above-stated beliefs are based upon the following
	recent behavior, severe emotional distress and deterioration,
	overt acts, attempts, statements, or threats observed by me or
	reliably reported to me (may use attachments to report additional
	information):
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	2. [5.]  The names, addresses, phone numbers, and relationship to
	the above-named person of those persons who reported or observed
	recent behavior, acts, attempts, statements, or threats of the
	above-named person or relevant witnesses who witnessed the
	above-named person being detained are (if applicable):
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	________________________________________________________________
	ADULT 65 YEARS OF AGE OR OLDER?  □ YES □ NO If yes,   □ YES □ NO If yes,
	age: ___________
	CHILD 17 YEARS OF AGE OR YOUNGER?  □ YES □ NO If yes,   □ YES □ NO If yes,
	age: ___________
	FOR A CHILD 17 YEARS OF AGE OR YOUNGER (if yes):
	PARENT OR GUARDIAN NAME:PARENT OR GUARDIAN PHONE NUMBER:PARENT OR GUARDIAN PHONE NUMBER:
	I provided notice to the child's parents or guardians of my
	intention to file this notification.
	I was not able to provide notice to the child's parents or
	guardians of my intention to file this notification because:
	________________________________________________________________
	________________________________________________________________
	Parent/Guardian Contact Information: ____________________________
	________________________________________________________________
	USE OF RESTRAINT
	Was the person physically restrained in any way?  Yes □ No □
	If yes, reason for physical restraint?  □ Officer Safety
	Person's Safety □ Other ____________________
	CALL ORIGINATED AT:
	Public Area □ Residence □ School/University
	Group Home □ Hospital
	Other________________________________________
	OBSERVATIONS/HISTORY
	If YES to any question below, provide additional information:
	YES NO UNKNOWN NOTES
	Harm to self
	or stating an
	intention to
	harm self?
	Previous
	suicide
	attempt?
	Harm to
	others or
	stating an
	intention to
	harm others?
	Previous
	serious harm
	or injury to
	others?
	Previous
	psychiatric
	hospital
	treatment?
	Reported
	mental health
	diagnosis?
	Prescribed
	psychiatric
	medications?
	Current
	psychiatric
	medications
	taken?
	Sleeping
	difficulty?
	Substance use
	disorder?
	FIREARMS/WEAPONS
	If YES to any question below, provide additional information:
	YES NO UNKNOWN NOTES
	Possession of
	firearm at
	time of
	contact?
	If yes, was
	firearm
	seized in
	accordance
	with Article
	18.191, Code
	of Criminal
	Procedure?
	TRANSPORTED TO:
	Hospital/Emergency Room □ Mental Health Facility
	Other _______________________
	For the above reasons, I present this notification to seek
	temporary admission to the (name of facility)
	_________________________ inpatient mental health facility or
	hospital facility for the detention of (name of person to be
	detained) __________________________ on an emergency basis.
	[6.  Was the person restrained in any way? Yes □ No □]
	PEACE OFFICER'S PRINTED NAME:
	BADGE NO. ____________________ EMPLOYING AGENCY:
	PEACE OFFICER'S SIGNATURE
	Work Address: Zip Code: ____________
	Work Telephone: ______________________
	_________________________
	SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable)
	Work Address: Zip Code: ____________
	Work Telephone: ______________________
	A mental health facility or hospital emergency department may
	not require a peace officer or emergency medical services personnel
	to execute any form other than this form as a predicate to accepting
	for temporary admission a person detained by a peace officer under
	Section 573.001, Health and Safety Code, and transported by the
	officer under that section or by emergency medical services
	personnel of an emergency medical services provider at the request
	of the officer made in accordance with a memorandum of
	understanding executed under Section 573.005, Health and Safety
	Code. A mental health facility, in accordance with Section
	573.021, Health and Safety Code, shall temporarily accept a person
	for whom an application for emergency detention is filed under
	Section 573.011, Health and Safety Code, or for whom this
	notification of emergency detention form is filed.
	(d-1)  A mental health facility or hospital emergency
	department shall, on request, provide to a peace officer who
	executes a notification of emergency detention under Subsection (d)
	a copy of the form for the records of the officer's employing law
	enforcement agency.  The agency must retain a copy of the form.
	SECTION 3.  The changes in law made by this Act apply only to
	an emergency detention that begins on or after the effective date of
	this Act. An emergency detention that begins before the effective
	date of this Act is governed by the law as it existed immediately
	before the effective date of this Act, and that law is continued in
	effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2025.