85R6004 JG-D
By: Murr H.B. No. 1289
A BILL TO BE ENTITLED
AN ACT
relating to the transportation of a person believed to be a person
with mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.001, Health and Safety Code, is
amended by amending Subsection (d) and adding Subsection (d-1) to
read as follows:
(d) A peace officer who takes a person into custody under
Subsection (a) shall immediately:
(1) transport the apprehended person to:
(A) [(1)] the nearest appropriate inpatient
mental health facility; or
(B) [(2)] a mental health facility deemed
suitable by the local mental health authority, if an appropriate
inpatient mental health facility is not available; or
(2) transfer the apprehended person to a person listed
in Section 574.045(a), who shall immediately transport the
apprehended person to a facility described by Subdivision (1)(A) or
(B).
(d-1) If a peace officer requests under Subsection (d)(2)
that another person transport the apprehended person, the peace
officer shall provide to the transporting person a completed
notification of detention about the apprehended person on a form
provided by Section 573.002(d).
SECTION 2. Sections 573.002(a), (d), and (e), Health and
Safety Code, are amended to read as follows:
(a) A peace officer shall immediately file with a facility a
notification of detention after transporting a person to that
facility in accordance with Section 573.001. A person who
transports a person to a facility at the request of a peace officer
under Section 573.001(d)(2) shall immediately file with the
facility the notification of detention completed by the peace
officer who made the request.
(d) The peace officer shall provide [give] the notification
of detention on the following form:
Notification--Emergency Detention NO. ____________________
DATE:_______________ TIME:_______________
THE STATE OF TEXAS
FOR THE BEST INTEREST AND PROTECTION OF:
______________________________________
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 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.
4. My beliefs are based upon the following recent behavior, overt
acts, attempts, statements, or threats observed by me or reliably
reported to me:
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
5. The names, addresses, 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):
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
For the above reasons, I provide [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 □
_________________________ BADGE NO. _____________________
PEACE OFFICER'S SIGNATURE
Address: _________________________ Zip Code: ____________________
Telephone: ______________________
A mental health facility or hospital emergency department may not
require a peace officer or another person who transports the person
to the facility or department 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, Texas Health and
Safety Code, and transported by the officer or another person under
that section.
(e) A mental health facility or hospital emergency
department may not require a peace officer or another person who
transports the person to the facility or department to execute any
form other than the form provided by Subsection (d) as a predicate
to accepting for temporary admission a person detained by a peace
officer under Section 573.001 and transported by the officer or
another person under that section.
SECTION 3. Section 573.012, Health and Safety Code, is
amended by amending Subsection (e) and adding Subsection (e-1) to
read as follows:
(e) A person apprehended under this section shall be:
(1) immediately transported for a preliminary
examination by the peace officer in accordance with Section 573.021
to:
(A) [(1)] the nearest appropriate inpatient
mental health facility; or
(B) [(2)] a mental health facility deemed
suitable by the local mental health authority, if an appropriate
inpatient mental health facility is not available; or
(2) transferred to a person listed in Section
574.045(a), who shall immediately transport the apprehended person
for a preliminary examination in accordance with Section 573.021 to
a facility described by Subdivision (1)(A) or (B).
(e-1) If a peace officer requests under Subsection (e)(2)
that another person transport the apprehended person, the peace
officer shall provide to the transporting person the warrant issued
to the peace officer under Subsection (d).
SECTION 4. Section 573.021(a), Health and Safety Code, is
amended to read as follows:
(a) A facility shall temporarily accept a person for whom an
application for detention is filed or for whom a peace officer or
other person files a notification of detention completed by the
peace officer under Section 573.002(a).
SECTION 5. This Act takes effect September 1, 2017.