| 1 | 1 | | 86R1722 SMT-D |
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| 2 | 2 | | By: RodrÃguez S.B. No. 218 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the provision of mental health services to persons |
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| 8 | 8 | | younger than 18 years of age. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 572.001(a), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) A person 16 years of age or older may request admission |
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| 13 | 13 | | to an inpatient mental health facility or for outpatient mental |
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| 14 | 14 | | health services by filing a request with the administrator of the |
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| 15 | 15 | | facility where admission or outpatient treatment is requested. If |
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| 16 | 16 | | the person is younger than 18 years of age, the [The] parent, |
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| 17 | 17 | | managing conservator, [or] guardian, or adult who has had actual |
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| 18 | 18 | | care, custody, and control of the person for the six months |
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| 19 | 19 | | preceding the request [of a person younger than 18 years of age] may |
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| 20 | 20 | | request the admission of the person to an inpatient mental health |
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| 21 | 21 | | facility or for outpatient mental health services by filing a |
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| 22 | 22 | | request with the administrator of the facility where admission or |
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| 23 | 23 | | outpatient treatment is requested. |
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| 24 | 24 | | SECTION 2. Section 573.001(a), Health and Safety Code, is |
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| 25 | 25 | | amended to read as follows: |
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| 26 | 26 | | (a) A peace officer, without a warrant, may take a person, |
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| 27 | 27 | | regardless of age, into custody if the officer: |
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| 28 | 28 | | (1) has reason to believe and does believe that: |
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| 29 | 29 | | (A) the person is a person with mental illness; |
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| 30 | 30 | | and |
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| 31 | 31 | | (B) because of that mental illness there is a |
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| 32 | 32 | | substantial risk of serious harm to the person or to others unless |
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| 33 | 33 | | the person is immediately restrained; and |
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| 34 | 34 | | (2) believes that there is not sufficient time to |
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| 35 | 35 | | obtain a warrant before taking the person into custody. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2019. |
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