Texas 2021 - 87th Regular

Texas House Bill HB1254 Compare Versions

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

Old	New	Differences
1	1	87R2588 EAS-F
2	2	By: Shaheen H.B. No. 1254
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the emergency detention of certain persons with a
8	8	mental illness or cognitive disability; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 573.0001, Health and Safety Code, is
11	11	amended by adding Subdivision (3) to read as follows:
12	12	(3) "Cognitive disability" means a condition that
13	13	places certain limitations on a person's mental functioning or
14	14	skills. Cognitive disabilities include autism, Down syndrome,
15	15	traumatic brain injury, and dementia.
16	16	SECTION 2. Section 573.001, Health and Safety Code, is
17	17	amended by amending Subsection (a) and adding Subsections (i) and
18	18	(j) to read as follows:
19	19	(a) A peace officer, without a warrant, may take a person
20	20	into custody, regardless of the age of the person, if the officer:
21	21	(1) has reason to believe and does believe that:
22	22	(A) the person is a person with mental illness or
23	23	cognitive disability; and
24	24	(B) because of that mental illness or cognitive
25	25	disability there is a substantial risk of serious harm to the person
26	26	or to others unless the person is immediately restrained; and
27	27	(2) believes that there is not sufficient time to
28	28	obtain a warrant before taking the person into custody.
29	29	(i) A peace officer who takes a person into custody under
30	30	Subsection (a) because the peace officer believes that the person
31	31	is a person with a cognitive disability shall make a good faith
32	32	effort to:
33	33	(1) use the least restrictive available and
34	34	appropriate means of transport; and
35	35	(2) include in transporting the person the person's
36	36	parent, appointed guardian, managing conservator, or possessory
37	37	conservator, as applicable.
38	38	(j) A peace officer who transports a person to a facility
39	39	under Subsection (d) shall immediately transfer custody of the
40	40	person to the facility.
41	41	SECTION 3. Section 573.012, Health and Safety Code, is
42	42	amended by amending Subsections (b), (d), and (e) and adding
43	43	Subsections (d-1), (f-1), (f-2), and (j) to read as follows:
44	44	(b) The judge or magistrate shall deny the application
45	45	unless the judge or magistrate finds that there is reasonable cause
46	46	to believe that:
47	47	(1) the person evidences mental illness;
48	48	(2) the person evidences a substantial risk of serious
49	49	harm to the person [himself] or others;
50	50	(3) the risk of harm is imminent unless the person is
51	51	immediately restrained; and
52	52	(4) the necessary restraint cannot be accomplished
53	53	without emergency detention.
54	54	(d) The judge or magistrate shall issue to an on-duty peace
55	55	officer a warrant for the person's immediate apprehension if the
56	56	judge or magistrate finds that each criterion under Subsection (b)
57	57	is satisfied. The judge or magistrate shall notify the applicable
58	58	law enforcement agency of the warrant by:
59	59	(1) e-mail with the warrant attached as a secure
60	60	document in a portable document format (PDF); or
61	61	(2) secure electronic means, including:
62	62	(A) satellite transmission;
63	63	(B) closed-circuit television transmission; or
64	64	(C) any other method of two-way electronic
65	65	communication that:
66	66	(i) is secure;
67	67	(ii) is available to the judge or
68	68	magistrate; and
69	69	(iii) provides for a simultaneous,
70	70	compressed full-motion video and interactive communication of
71	71	image and sound between the judge or magistrate and the agency.
72	72	(d-1) A law enforcement agency that receives a warrant
73	73	issued under Subsection (d) shall serve the warrant not later than
74	74	48 hours after the agency receives the warrant.
75	75	(e) Except as provided by Subsection (f-1), a [A] person
76	76	apprehended under this section shall be transported for a
77	77	preliminary examination in accordance with Section 573.021 to:
78	78	(1) the nearest appropriate inpatient mental health
79	79	facility; or
80	80	(2) a mental health facility deemed suitable by the
81	81	local mental health authority, if an appropriate inpatient mental
82	82	health facility is not available.
83	83	(f-1) If a law enforcement agency has entered into a
84	84	memorandum of understanding with a local mental health authority to
85	85	use telehealth service, as defined by Section 111.001, Occupations
86	86	Code, a peace officer who apprehends a person under this section may
87	87	arrange for a physician to conduct a telehealth appointment with
88	88	the apprehended person to determine whether emergency detention is
89	89	necessary before transporting the person to a facility described by
90	90	Subsection (e). If the physician conducting the telehealth
91	91	appointment determines that emergency detention is not required,
92	92	the peace officer shall release the person.
93	93	(f-2) If a peace officer releases an apprehended person
94	94	under Subsection (f-1), the peace officer must notify the judge or
95	95	magistrate who issued the warrant for apprehension under Subsection
96	96	(d) not later than 24 hours after the peace officer released the
97	97	person.
98	98	(j) A court may not charge a fee in excess of $25 for filing
99	99	an application for emergency detention or for issuing a warrant
100	100	under this subchapter.
101	101	SECTION 4. Section 573.021, Health and Safety Code, is
102	102	amended by adding Subsections (c-1), (c-2), and (c-3) to read as
103	103	follows:
104	104	(c-1) A facility may not discharge a person who has been
105	105	accepted for a preliminary examination before the expiration of the
106	106	48-hour period allowed by this section unless a:
107	107	(1) preliminary examination is completed; or
108	108	(2) physician has determined that the person is not a
109	109	substantial risk of serious harm to the person or others.
110	110	(c-2) If a peace officer is contacted to locate a person who
111	111	has left a facility before the earlier of the time a preliminary
112	112	exam is completed or the expiration of the 48-hour period allowed by
113	113	this section, the peace officer must make a good faith effort to
114	114	locate the person.
115	115	(c-3) If a peace officer locates a person described by
116	116	Subsection (c-2), the peace officer must:
117	117	(1) reevaluate whether the person meets the criteria
118	118	for apprehension under Section 573.001; and
119	119	(2) if the person meets the criteria for apprehension
120	120	under that section, transport the person to an appropriate facility
121	121	described by Subsection (d)(1) of that section.
122	122	SECTION 5. Section 573.024(c), Health and Safety Code, is
123	123	amended to read as follows:
124	124	(c) If the person was apprehended by a peace officer under
125	125	Subchapter A, the facility the person was transported to shall make
126	126	arrangements [must be made] to immediately transport the person
127	127	under this section. If the person was transported for emergency
128	128	detention under Subchapter A or detained under Subchapter B, the
129	129	person is entitled to reasonably prompt transportation.
130	130	SECTION 6. This Act takes effect immediately if it receives
131	131	a vote of two-thirds of all the members elected to each house, as
132	132	provided by Section 39, Article III, Texas Constitution. If this
133	133	Act does not receive the vote necessary for immediate effect, this
134	134	Act takes effect September 1, 2021.