| 1 | 1 | | H.B. No. 888 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the detention and examination of certain persons |
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| 6 | 6 | | accepted for a preliminary mental health examination. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 573.021(b), Health and Safety Code, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | (b) A person accepted for a preliminary examination may be |
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| 11 | 11 | | detained in custody for not longer than 48 hours after the time the |
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| 12 | 12 | | person is presented to the facility unless a written order for |
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| 13 | 13 | | protective custody is obtained. The 48-hour period allowed by this |
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| 14 | 14 | | section includes any time the patient spends waiting in the |
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| 15 | 15 | | facility for medical care before the person receives the |
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| 16 | 16 | | preliminary examination. If the 48-hour period ends on a Saturday, |
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| 17 | 17 | | Sunday, legal holiday, or before 4 p.m. on the first succeeding |
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| 18 | 18 | | business day, the person may be detained until 4 [12] p.m. on the |
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| 19 | 19 | | first succeeding business day. If the 48-hour period ends at a |
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| 20 | 20 | | different time, the person may be detained only until 4 p.m. on the |
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| 21 | 21 | | day the 48-hour period ends. If extremely hazardous weather |
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| 22 | 22 | | conditions exist or a disaster occurs, the presiding judge or |
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| 23 | 23 | | magistrate may, by written order made each day, extend by an |
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| 24 | 24 | | additional 24 hours the period during which the person may be |
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| 25 | 25 | | detained. The written order must declare that an emergency exists |
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| 26 | 26 | | because of the weather or the occurrence of a disaster. |
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| 27 | 27 | | SECTION 2. The change in law made by this Act applies only |
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| 28 | 28 | | to the detention and examination of a person admitted for a |
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| 29 | 29 | | preliminary examination under Section 573.021, Health and Safety |
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| 30 | 30 | | Code, on or after the effective date of this Act. The detention and |
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| 31 | 31 | | examination of a person admitted for a preliminary examination |
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| 32 | 32 | | before the effective date of this Act is governed by the law in |
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| 33 | 33 | | effect when the person was admitted, and the former law is continued |
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| 34 | 34 | | in effect for those purposes. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2009. |
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| 40 | 40 | | ______________________________ ______________________________ |
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| 41 | 41 | | President of the Senate Speaker of the House |
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| 42 | 42 | | I certify that H.B. No. 888 was passed by the House on April |
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| 43 | 43 | | 24, 2009, by the following vote: Yeas 139, Nays 0, 1 present, not |
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| 44 | 44 | | voting. |
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| 45 | 45 | | ______________________________ |
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| 46 | 46 | | Chief Clerk of the House |
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| 47 | 47 | | I certify that H.B. No. 888 was passed by the Senate on May |
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| 48 | 48 | | 21, 2009, by the following vote: Yeas 31, Nays 0. |
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| 49 | 49 | | ______________________________ |
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| 50 | 50 | | Secretary of the Senate |
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| 51 | 51 | | APPROVED: _____________________ |
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| 52 | 52 | | Date |
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| 53 | 53 | | _____________________ |
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| 54 | 54 | | Governor |
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