By: Zaffirini	S.B. No. 1164
	(In the Senate - Filed February 7, 2025; February 28, 2025,
	read first time and referred to Committee on Criminal Justice;
	April 16, 2025, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 7, Nays 0; April 16, 2025,
	sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 1164	By:  Flores

	A BILL TO BE ENTITLED
	AN ACT
	relating to emergency detention of certain persons evidencing
	mental illness and to court-ordered inpatient and extended mental
	health services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 573.001(a), Health and Safety Code, is
	amended to read as follows:
	(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:
	(1) [(A)]  the person is a person with mental
	illness[;] and
	[(B)]  because of that mental illness:
	(A)  there is a substantial risk of serious harm
	to the person or to others [unless the person is immediately
	restrained];
	(B)  the person evidences severe emotional
	distress and deterioration in the person's mental condition; or
	(C)  the person evidences an inability to
	recognize symptoms or appreciate the risks and benefits of
	treatment; [and]
	(2)  the person is likely without immediate detention
	to suffer serious risk of harm or to inflict serious harm on another
	person; and
	(3)  [believes that] there is not sufficient time to
	obtain a warrant before taking the person into custody.
	SECTION 2.  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 3.  Section 573.002, Health and Safety Code, is
	amended by amending Subsections (a), (b), (c), and (d) and adding
	Subsection (f) 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:
	Notification--Emergency Detention        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 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 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):
	My belief the child is at risk of imminent serious harm unless
	immediately removed from the parents' custody is based on the
	above-stated facts showing the parents or guardians are presently
	unable to protect the child from imminent serious harm.
	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
	attempt to
	commit
	suicide?
	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?
	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. _____________________
	PEACE OFFICER'S SIGNATURE _______________________________________
	Address: _________________________ Zip Code: ____________________
	Telephone: ______________________
	[_________________________]
	SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable)
	_________________________ PRINTED NAME OF PERSONNEL: _____________
	Address: _________________________ Zip Code: ____________________
	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].
	(f)  A peace officer who transports an apprehended person to
	a facility under Section 573.001(d)(1) or emergency medical
	services personnel of an emergency medical services provider who
	transports a person to a facility under Section 573.001(d)(2):
	(1)  is not required to remain at the facility while the
	apprehended person is medically screened or treated or while the
	person's insurance coverage is verified; and
	(2)  may leave the facility immediately after:
	(A)  the person is taken into custody by
	appropriate facility staff; and
	(B)  the notification of emergency detention
	required by this section is provided to the facility.
	SECTION 4.  Section 573.003(a), Health and Safety Code, is
	amended to read as follows:
	(a)  A guardian of the person of a ward who is 18 years of age
	or older, without the assistance of a peace officer, may transport
	the ward to an inpatient mental health facility for a preliminary
	examination in accordance with Section 573.021 if the guardian has
	reason to believe and does believe that:
	(1)  the ward is a person with mental illness[;] and
	[(2)]  because of that mental illness:
	(A)  there is a substantial risk of serious harm
	to the ward or to others;
	(B)  the ward evidences severe emotional distress
	and deterioration in the ward's mental condition; or
	(C)  the ward evidences an inability to recognize
	symptoms or appreciate the risks and benefits of treatment; and
	(2)  the ward is likely without immediate detention to
	suffer serious risk of harm or to inflict serious harm on another
	person [unless the ward is immediately restrained].
	SECTION 5.  Section 573.012(b), Health and Safety Code, is
	amended to read as follows:
	(b)  The magistrate shall deny the application unless the
	magistrate finds that there is reasonable cause to believe that:
	(1)  the person evidences mental illness and because of
	that mental illness[;
	[(2)]  the person evidences:
	(A)  a substantial risk of serious harm to himself
	or others;
	(B)  severe emotional distress and deterioration
	in the person's mental condition; or
	(C)  an inability to recognize symptoms or
	appreciate the risks and benefits of treatment;
	(2)  the person is likely without immediate detention
	to suffer serious risk of harm or to inflict serious harm on another
	person;
	(3)  the risk of harm is imminent unless the person is
	immediately restrained; and
	(4)  the necessary restraint cannot be accomplished
	without emergency detention.
	SECTION 6.  Section 573.022(a), Health and Safety Code, is
	amended to read as follows:
	(a)  A person may be admitted to a facility for emergency
	detention only if the physician who conducted the preliminary
	examination of the person makes a written statement that:
	(1)  is acceptable to the facility;
	(2)  states [that] after a preliminary examination it
	is the physician's opinion that:
	(A)  the person is a person with mental illness
	and because of that mental illness[;
	[(B)]  the person evidences:
	(i)  a substantial risk of serious harm to
	the person or to others;
	(ii)  severe emotional distress and
	deterioration in the person's mental condition; or
	(iii)  an inability to recognize symptoms or
	appreciate the risks and benefits of treatment;
	(B) [(C)]  the described risk of harm is imminent
	unless the person is immediately restrained; and
	(C) [(D)]  emergency detention is the least
	restrictive means by which the necessary restraint may be
	accomplished; and
	(3)  includes:
	(A)  a description of the nature of the person's
	mental illness;
	(B)  a specific description of the risk of harm
	the person evidences [that may be demonstrated either by the
	person's behavior or by evidence of severe emotional distress and
	deterioration in the person's mental condition] to the extent that
	the person cannot remain at liberty; and
	(C)  the specific detailed information from which
	the physician formed the opinion in Subdivision (2).
	SECTION 7.  Section 574.001(b), Health and Safety Code, is
	amended to read as follows:
	(b)  Except as provided by Subsection (f), the application
	must be filed with the county clerk in the county in which the
	proposed patient:
	(1)  resides;
	(2)  is located at the time the application is filed [is
	found]; [or]
	(3)  was apprehended under Chapter 573; or
	(4)  is receiving mental health services by court order
	or under Subchapter A, Chapter 573.
	SECTION 8.  Sections 574.011(a) and (b), Health and Safety
	Code, are amended to read as follows:
	(a)  A certificate of medical examination for mental illness
	must be sworn to, dated, and signed by the examining
	physician.  The certificate must include:
	(1)  the name and address of the examining physician;
	(2)  the name and address of the person examined;
	(3)  the date and place of the examination;
	(4)  a brief diagnosis of the examined person's
	physical and mental condition;
	(5)  the period, if any, during which the examined
	person has been under the care of the examining physician;
	(6)  an accurate description of the mental health
	treatment, if any, given by or administered under the direction of
	the examining physician; and
	(7)  the examining physician's opinion that:
	(A)  the examined person is a person with mental
	illness[;] and
	[(B)]  as a result of that illness the examined
	person is:
	(i)  likely to cause serious harm to the
	person or to others; [or is:]
	(ii) [(i)]  suffering severe and abnormal
	mental, emotional, or physical distress;
	(iii) [(ii)]  experiencing substantial
	mental or physical deterioration of the proposed patient's ability
	to function independently, which is exhibited by the proposed
	patient's inability, except for reasons of indigence, to provide
	for the proposed patient's basic needs, including food, clothing,
	health, or safety; [and]
	(iv) [(iii)]  not able to make a rational
	and informed decision as to whether to submit to treatment; or
	(v)  evidencing an inability to recognize
	symptoms or appreciate the risks and benefits of treatment; and
	(B)  in the absence of inpatient mental health
	treatment, the examined person is likely to suffer serious risk of
	harm or to inflict serious harm on another person.
	(b)  The examining physician must specify in the certificate
	which criterion listed in Subsection (a)(7) [(a)(7)(B)] forms the
	basis for the physician's opinion.
	SECTION 9.  Sections 574.034(a) and (d), Health and Safety
	Code, are amended to read as follows:
	(a)  The judge may order a proposed patient to receive
	court-ordered temporary inpatient mental health services only if
	the judge or jury finds, from clear and convincing evidence, that:
	(1)  the proposed patient is a person with mental
	illness; and
	(2)  as a result of that mental illness the proposed
	patient:
	(A)  is likely to cause serious harm to the
	proposed patient;
	(B)  is likely to cause serious harm to others;
	[or]
	(C)  is:
	(i)  suffering severe and abnormal mental,
	emotional, or physical distress;
	(ii)  experiencing substantial mental or
	physical deterioration of the proposed patient's ability to
	function independently, which is exhibited by the proposed
	patient's inability, except for reasons of indigence, to provide
	for the proposed patient's basic needs, including food, clothing,
	health, or safety; [and]
	(iii)  unable to make a rational and
	informed decision as to whether or not to submit to treatment; or
	(iv)  evidencing an inability to recognize
	symptoms or to appreciate the risks and benefits of treatment; and
	(D)  in the absence of court-ordered temporary
	outpatient mental health services, is likely to suffer serious risk
	of harm or to inflict serious harm on another person.
	(d)  To be clear and convincing under Subsection (a), the
	evidence must include expert testimony and, unless waived, evidence
	of a recent overt act or a continuing pattern of behavior that tends
	to confirm:
	(1)  the likelihood of serious harm to the proposed
	patient or others and[; or
	[(2)]  the proposed patient's distress and the
	deterioration of the proposed patient's ability to function; or
	(2)  the proposed patient's inability to recognize
	symptoms or appreciate the risks and benefits of treatment.
	SECTION 10.  Sections 574.035(a) and (e), Health and Safety
	Code, are amended to read as follows:
	(a)  The judge may order a proposed patient to receive
	court-ordered extended inpatient mental health services only if the
	jury, or the judge if the right to a jury is waived, finds, from
	clear and convincing evidence, that:
	(1)  the proposed patient is a person with mental
	illness;
	(2)  as a result of that mental illness the proposed
	patient:
	(A)  is likely to cause serious harm to the
	proposed patient;
	(B)  is likely to cause serious harm to others;
	[or]
	(C)  is:
	(i)  suffering severe and abnormal mental,
	emotional, or physical distress;
	(ii)  experiencing substantial mental or
	physical deterioration of the proposed patient's ability to
	function independently, which is exhibited by the proposed
	patient's inability, except for reasons of indigence, to provide
	for the proposed patient's basic needs, including food, clothing,
	health, or safety; [and]
	(iii)  unable to make a rational and
	informed decision as to whether or not to submit to treatment; or
	(iv)  evidencing an inability to recognize
	symptoms or appreciate the risks and benefits of treatment; and
	(D)  in the absence of court-ordered temporary
	outpatient mental health services, is likely to suffer serious risk
	of harm or to inflict serious harm on another person;
	(3)  the proposed patient's condition is expected to
	continue for more than 90 days; and
	(4)  the proposed patient has received court-ordered
	inpatient mental health services under this subtitle or under
	Chapter 46B, Code of Criminal Procedure, for at least 60
	consecutive days during the preceding 12 months.
	(e)  To be clear and convincing under Subsection (a), the
	evidence must include expert testimony and evidence of a recent
	overt act or a continuing pattern of behavior that tends to confirm:
	(1)  the likelihood of serious harm to the proposed
	patient or others and[; or
	[(2)]  the proposed patient's distress and the
	deterioration of the proposed patient's ability to function; or
	(2)  the proposed patient's inability to recognize
	symptoms or appreciate the risks and benefits of treatment.
	SECTION 11.  Section 574.064(a-1), Health and Safety Code,
	is amended to read as follows:
	(a-1)  A physician shall evaluate the patient as soon as
	possible within 24 hours after the time detention begins to
	determine whether the patient, due to mental illness:
	(1)  [,] presents a substantial risk of serious harm to
	the patient or others;
	(2)  evidences severe emotional distress and
	deterioration in the person's mental condition;
	(3)  evidences an inability to recognize symptoms or
	appreciate the risks and benefits of treatment; and
	(4)  is likely without immediate detention to suffer
	serious risk of harm or to inflict serious harm on another person to
	the extent [so] that the patient cannot be at liberty pending the
	probable cause hearing under Subsection (b).  [The determination
	that the patient presents a substantial risk of serious harm to the
	patient or others may be demonstrated by:
	[(1)  the patient's behavior; or
	[(2)  evidence of severe emotional distress and
	deterioration in the patient's mental condition to the extent that
	the patient cannot live safely in the community.]
	SECTION 12.  The following provisions of the Health and
	Safety Code are repealed:
	(1)  Section 573.001(b);
	(2)  Section 573.003(b); and
	(3)  Section 573.012(c).
	SECTION 13.  Chapter 573, Health and Safety Code, as amended
	by this Act, applies 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 14.  Chapter 574, Health and Safety Code, as amended
	by this Act, applies only to an application or proceeding for
	court-ordered mental health services submitted or that occurs on or
	after the effective date of this Act, regardless of when an offense
	with which the defendant is charged was committed.
	SECTION 15.  This Act takes effect September 1, 2025.
	* * * * *