Texas 2019 - 86th Regular

Texas House Bill HB3742 Compare Versions

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

Old	New	Differences
1	1	By: Klick H.B. No. 3742
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the requirements for and compilation of certain
7	7	emergency mental health detention records.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 573.002(b) and (d), Health and Safety
10	10	Code, are amended to read as follows:
11	11	(b) The notification of detention must contain:
12	12	(1) a statement that the officer has reason to believe
13	13	and does believe that the person evidences mental illness;
14	14	(2) a statement that the officer has reason to believe
15	15	and does believe that the person evidences a substantial risk of
16	16	serious harm to the person or others;
17	17	(3) a specific description of the risk of harm;
18	18	(4) a statement that the officer has reason to believe
19	19	and does believe that the risk of harm is imminent unless the person
20	20	is immediately restrained;
21	21	(5) a statement that the officer's beliefs are derived
22	22	from specific recent behavior, overt acts, attempts, or threats
23	23	that were observed by or reliably reported to the officer;
24	24	(6) a detailed description of the specific behavior,
25	25	acts, attempts, or threats; [and]
26	26	(7) the name and relationship to the apprehended
27	27	person of any person who reported or observed the behavior, acts,
28	28	attempts, or threats;
29	29	(8) a description of the place and setting where the
30	30	detention was initiated; and
31	31	(9) the age, race, gender, and other demographic
32	32	information required by rule of the executive commissioner.
33	33	(d) The peace officer shall provide the notification of
34	34	detention on the following form:
35	35	Notification--Emergency Detention NO. ____________________
36	36	DATE:_______________ TIME:_______________
37	37	THE STATE OF TEXAS
38	38	FOR THE BEST INTEREST AND PROTECTION OF:
39	39	______________________________________
40	40	NOTIFICATION OF EMERGENCY DETENTION
41	41	Now comes _____________________________, a peace officer with
42	42	(name of agency) _____________________________, of the State of
43	43	Texas, and states as follows:
44	44	1. I have reason to believe and do believe that (name of person to
45	45	be detained) __________________________ evidences mental illness.
46	46	2. I have reason to believe and do believe that the above-named
47	47	person evidences a substantial risk of serious harm to
48	48	himself/herself or others based upon the following:
49	49	________________________________________________________________
50	50	________________________________________________________________
51	51	________________________________________________________________
52	52	________________________________________________________________
53	53	3. I have reason to believe and do believe that the above risk of
54	54	harm is imminent unless the above-named person is immediately
55	55	restrained.
56	56	4. My beliefs are based upon the following recent behavior, overt
57	57	acts, attempts, statements, or threats observed by me or reliably
58	58	reported to me:
59	59	________________________________________________________________
60	60	________________________________________________________________
61	61	________________________________________________________________
62	62	________________________________________________________________
63	63	5. The names, addresses, and relationship to the above-named
64	64	person of those persons who reported or observed recent behavior,
65	65	acts, attempts, statements, or threats of the above-named person
66	66	are (if applicable):
67	67	________________________________________________________________
68	68	________________________________________________________________
69	69	________________________________________________________________
70	70	________________________________________________________________
71	71	For the above reasons, I present this notification to seek
72	72	temporary admission to the (name of facility)
73	73	_________________________ inpatient mental health facility or
74	74	hospital facility for the detention of (name of person to be
75	75	detained) __________________________ on an emergency basis.
76	76	6. Was the person restrained in any way? Yes □ No □
77	77	7. The location from which the person was taken into custody was a:
78	78	School □ Home □ Health Care Facility □ Emergency Room □ Other □
79	79	8. Demographic Information:
80	80	Race: Caucasian □ Black □ Hispanic □ Asian/Pacific Islander □
81	81	Other □
82	82	9. Age: Under 18 □ Over 18 □ Over 65 □
83	83	_________________________ BADGE NO. _____________________
84	84	PEACE OFFICER'S SIGNATURE
85	85	Address: _________________________ Zip Code: ____________________
86	86	Telephone: ______________________
87	87	_________________________
88	88	SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable)
89	89	Address: _________________________ Zip Code: ____________________
90	90	Telephone: ______________________
91	91	A mental health facility or hospital emergency department may
92	92	not require a peace officer or emergency medical services personnel
93	93	to execute any form other than this form as a predicate to accepting
94	94	for temporary admission a person detained by a peace officer under
95	95	Section 573.001, Health and Safety Code, and transported by the
96	96	officer under that section or by emergency medical services
97	97	personnel of an emergency medical services provider at the request
98	98	of the officer made in accordance with a memorandum of
99	99	understanding executed under Section 573.005, Health and Safety
100	100	Code.
101	101	SECTION 2. Section 573.021, Health and Safety Code, is
102	102	amended by adding Subsection (f) to read as follows:
103	103	(f) A facility that accepts a person for preliminary
104	104	examination under Subsection (a), as soon as practicable but not
105	105	more than 12 hours after the person is accepted to the facility,
106	106	shall submit to each court with jurisdiction to order commitment
107	107	under Chapter 574 a copy of the peace officer's notification of
108	108	detention filed with the facility under Section 573.002.
109	109	SECTION 3. The heading to Section 574.014, Health and
110	110	Safety Code, is amended to read as follows:
111	111	Sec. 574.014. COMPILATION OF MENTAL HEALTH COMMITMENT AND
112	112	EMERGENCY DETENTION RECORDS.
113	113	SECTION 4. Section 574.014(a), Health and Safety Code, is
114	114	amended to read as follows:
115	115	(a) The clerk of each court with jurisdiction to order
116	116	commitment under this chapter shall provide the Office of Court
117	117	Administration each month with a report of the number of peace
118	118	officer's notification of detention forms submitted to the court
119	119	under Section 573.021(f) and the number of applications for
120	120	commitment orders for involuntary mental health services filed with
121	121	the court and the disposition of those cases, including the number
122	122	of commitment orders for inpatient and outpatient mental health
123	123	services. The Office of Court Administration annually shall make
124	124	the reported information available to the Health and Human Services
125	125	Commission [department annually].
126	126	SECTION 5. The changes in law made by this Act apply only to
127	127	an emergency detention that begins on or after the effective date of
128	128	this Act. An emergency detention that begins before the effective
129	129	date of this Act is governed by the law as it existed immediately
130	130	before the effective date of this Act, and that law is continued in
131	131	effect for that purpose.
132	132	SECTION 6. This Act takes effect September 1, 2019.