By: Klick H.B. No. 3742
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for and compilation of certain
emergency mental health detention records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 573.002(b) and (d), Health and Safety
Code, are amended to read as follows:
(b) The notification of detention must contain:
(1) a statement that the officer has reason to believe
and does believe that the person evidences mental illness;
(2) a statement that the officer has reason to believe
and does believe that the person evidences a substantial risk of
serious harm to the person or others;
(3) a specific description of the risk of harm;
(4) a statement that the officer has reason to believe
and does believe that the risk of harm is imminent unless the person
is immediately restrained;
(5) a statement that the officer's beliefs are derived
from specific recent behavior, overt acts, attempts, or threats
that were observed by or reliably reported to the officer;
(6) a detailed description of the specific behavior,
acts, attempts, or threats; [and]
(7) the name and relationship to the apprehended
person of any person who reported or observed the behavior, acts,
attempts, or threats;
(8) a description of the place and setting where the
detention was initiated; and
(9) the age, race, gender, and other demographic
information required by rule of the executive commissioner.
(d) The peace officer shall provide 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 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 □
7. The location from which the person was taken into custody was a:
School □ Home □ Health Care Facility □ Emergency Room □ Other □
8. Demographic Information:
Race: Caucasian □ Black □ Hispanic □ Asian/Pacific Islander □
Other □
9. Age: Under 18 □ Over 18 □ Over 65 □
_________________________ BADGE NO. _____________________
PEACE OFFICER'S SIGNATURE
Address: _________________________ Zip Code: ____________________
Telephone: ______________________
_________________________
SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable)
Address: _________________________ Zip Code: ____________________
Telephone: ______________________
A mental health facility or hospital emergency department may
not require a peace officer or emergency medical services personnel
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, Health and Safety Code, and transported by the
officer under that section or by emergency medical services
personnel of an emergency medical services provider at the request
of the officer made in accordance with a memorandum of
understanding executed under Section 573.005, Health and Safety
Code.
SECTION 2. Section 573.021, Health and Safety Code, is
amended by adding Subsection (f) to read as follows:
(f) A facility that accepts a person for preliminary
examination under Subsection (a), as soon as practicable but not
more than 12 hours after the person is accepted to the facility,
shall submit to each court with jurisdiction to order commitment
under Chapter 574 a copy of the peace officer's notification of
detention filed with the facility under Section 573.002.
SECTION 3. The heading to Section 574.014, Health and
Safety Code, is amended to read as follows:
Sec. 574.014. COMPILATION OF MENTAL HEALTH COMMITMENT AND
EMERGENCY DETENTION RECORDS.
SECTION 4. Section 574.014(a), Health and Safety Code, is
amended to read as follows:
(a) The clerk of each court with jurisdiction to order
commitment under this chapter shall provide the Office of Court
Administration each month with a report of the number of peace
officer's notification of detention forms submitted to the court
under Section 573.021(f) and the number of applications for
commitment orders for involuntary mental health services filed with
the court and the disposition of those cases, including the number
of commitment orders for inpatient and outpatient mental health
services. The Office of Court Administration annually shall make
the reported information available to the Health and Human Services
Commission [department annually].
SECTION 5. The changes in law made by this Act apply only to
an emergency detention that begins on or after the effective date of
this Act. An emergency detention that begins before the effective
date of this Act is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2019.