Texas House Bill HB888

Texas 2009 - 81st Regular

• Out of House Committee: 4/6/09
• Voted on by House: 4/24/09
• Out of Senate Committee: 5/13/09
• Voted on by Senate: 5/21/09
• Governor Action: 6/19/09
• Enrolled: 5/25/09
• Passed: 6/19/09

Caption

Relating to the detention and examination of certain persons accepted for a preliminary mental health examination.

Impact

The changes proposed in HB888 could significantly impact state laws concerning mental health protocols. Specifically, it modifies the Health and Safety Code, thereby streamlining the process by which individuals are examined and detained following an assessment of their mental health. This legislation is designed to ensure timely evaluations for individuals, which can be crucial for both their well-being and the overall efficiency of mental health services in the state.

Summary

House Bill 888 aims to amend provisions relating to the detention and examination of individuals accepted for a preliminary mental health examination. The bill stipulates that a person can be detained in custody for no more than 48 hours after presentation to a facility, unless a written order for protective custody is obtained. This 48-hour period includes any time spent waiting for medical care before receiving the preliminary examination and allows for conditional extensions under specific circumstances such as hazardous weather or disasters.

Contention

Discussion surrounding HB888 may involve notable points of contention regarding the balance between individual rights and public safety. While proponents argue that the bill enhances the efficiency and effectiveness of mental health examinations, critics may express concerns about potential overreach in the authority given to facilities or the impact on individuals' rights during their detention. The stipulation for extending detention under emergency conditions also raises questions about due process and the safeguards in place to protect those undergoing examination.