Texas 2017 - 85th Regular

Texas House Bill HB1289 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R6004 JG-D
2	2	By: Murr H.B. No. 1289
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the transportation of a person believed to be a person
8	8	with mental illness.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 573.001, Health and Safety Code, is
11	11	amended by amending Subsection (d) and adding Subsection (d-1) to
12	12	read as follows:
13	13	(d) A peace officer who takes a person into custody under
14	14	Subsection (a) shall immediately:
15	15	(1) transport the apprehended person to:
16	16	(A) [(1)] the nearest appropriate inpatient
17	17	mental health facility; or
18	18	(B) [(2)] a mental health facility deemed
19	19	suitable by the local mental health authority, if an appropriate
20	20	inpatient mental health facility is not available; or
21	21	(2) transfer the apprehended person to a person listed
22	22	in Section 574.045(a), who shall immediately transport the
23	23	apprehended person to a facility described by Subdivision (1)(A) or
24	24	(B).
25	25	(d-1) If a peace officer requests under Subsection (d)(2)
26	26	that another person transport the apprehended person, the peace
27	27	officer shall provide to the transporting person a completed
28	28	notification of detention about the apprehended person on a form
29	29	provided by Section 573.002(d).
30	30	SECTION 2. Sections 573.002(a), (d), and (e), Health and
31	31	Safety Code, are amended to read as follows:
32	32	(a) A peace officer shall immediately file with a facility a
33	33	notification of detention after transporting a person to that
34	34	facility in accordance with Section 573.001. A person who
35	35	transports a person to a facility at the request of a peace officer
36	36	under Section 573.001(d)(2) shall immediately file with the
37	37	facility the notification of detention completed by the peace
38	38	officer who made the request.
39	39	(d) The peace officer shall provide [give] the notification
40	40	of detention on the following form:
41	41	Notification--Emergency Detention NO. ____________________
42	42	DATE:_______________ TIME:_______________
43	43	THE STATE OF TEXAS
44	44	FOR THE BEST INTEREST AND PROTECTION OF:
45	45	______________________________________
46	46	NOTIFICATION OF EMERGENCY DETENTION
47	47	[Now comes] _____________________________, a peace officer with
48	48	(name of agency) _____________________________, of the State of
49	49	Texas, [and] states as follows:
50	50	1. I have reason to believe and do believe that (name of person to
51	51	be detained) __________________________ evidences mental illness.
52	52	2. I have reason to believe and do believe that the above-named
53	53	person evidences a substantial risk of serious harm to
54	54	himself/herself or others based upon the following:
55	55	________________________________________________________________
56	56	________________________________________________________________
57	57	________________________________________________________________
58	58	________________________________________________________________
59	59	3. I have reason to believe and do believe that the above risk of
60	60	harm is imminent unless the above-named person is immediately
61	61	restrained.
62	62	4. My beliefs are based upon the following recent behavior, overt
63	63	acts, attempts, statements, or threats observed by me or reliably
64	64	reported to me:
65	65	________________________________________________________________
66	66	________________________________________________________________
67	67	________________________________________________________________
68	68	________________________________________________________________
69	69	5. The names, addresses, and relationship to the above-named
70	70	person of those persons who reported or observed recent behavior,
71	71	acts, attempts, statements, or threats of the above-named person
72	72	are (if applicable):
73	73	________________________________________________________________
74	74	________________________________________________________________
75	75	________________________________________________________________
76	76	________________________________________________________________
77	77	For the above reasons, I provide [present] this notification to
78	78	seek temporary admission to the (name of facility)
79	79	_________________________ inpatient mental health facility or
80	80	hospital facility for the detention of (name of person to be
81	81	detained) __________________________ on an emergency basis.
82	82	6. Was the person restrained in any way? Yes □ No □
83	83	_________________________ BADGE NO. _____________________
84	84	PEACE OFFICER'S SIGNATURE
85	85	Address: _________________________ Zip Code: ____________________
86	86	Telephone: ______________________
87	87	A mental health facility or hospital emergency department may not
88	88	require a peace officer or another person who transports the person
89	89	to the facility or department to execute any form other than this
90	90	form as a predicate to accepting for temporary admission a person
91	91	detained by a peace officer under Section 573.001, Texas Health and
92	92	Safety Code, and transported by the officer or another person under
93	93	that section.
94	94	(e) A mental health facility or hospital emergency
95	95	department may not require a peace officer or another person who
96	96	transports the person to the facility or department to execute any
97	97	form other than the form provided by Subsection (d) as a predicate
98	98	to accepting for temporary admission a person detained by a peace
99	99	officer under Section 573.001 and transported by the officer or
100	100	another person under that section.
101	101	SECTION 3. Section 573.012, Health and Safety Code, is
102	102	amended by amending Subsection (e) and adding Subsection (e-1) to
103	103	read as follows:
104	104	(e) A person apprehended under this section shall be:
105	105	(1) immediately transported for a preliminary
106	106	examination by the peace officer in accordance with Section 573.021
107	107	to:
108	108	(A) [(1)] the nearest appropriate inpatient
109	109	mental health facility; or
110	110	(B) [(2)] a mental health facility deemed
111	111	suitable by the local mental health authority, if an appropriate
112	112	inpatient mental health facility is not available; or
113	113	(2) transferred to a person listed in Section
114	114	574.045(a), who shall immediately transport the apprehended person
115	115	for a preliminary examination in accordance with Section 573.021 to
116	116	a facility described by Subdivision (1)(A) or (B).
117	117	(e-1) If a peace officer requests under Subsection (e)(2)
118	118	that another person transport the apprehended person, the peace
119	119	officer shall provide to the transporting person the warrant issued
120	120	to the peace officer under Subsection (d).
121	121	SECTION 4. Section 573.021(a), Health and Safety Code, is
122	122	amended to read as follows:
123	123	(a) A facility shall temporarily accept a person for whom an
124	124	application for detention is filed or for whom a peace officer or
125	125	other person files a notification of detention completed by the
126	126	peace officer under Section 573.002(a).
127	127	SECTION 5. This Act takes effect September 1, 2017.