87R1746 EAS-F
By: Miles S.B. No. 427
A BILL TO BE ENTITLED
AN ACT
relating to preliminary examination periods for mental health
protective custody.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.021(b), Health and Safety Code, is
amended to read as follows:
(b) A person accepted for a preliminary examination may be
detained in custody for not longer than 72 [48] hours after the time
the person is presented to the facility unless a written order for
protective custody is obtained. The 72-hour [48-hour] period
allowed by this section includes any time the patient spends
waiting in the facility for medical care before the person receives
the preliminary examination. If the 72-hour [48-hour] period ends
on a Saturday, Sunday, legal holiday, or before 4 p.m. on the first
succeeding business day, the person may be detained until 4 p.m. on
the first succeeding business day. If the 72-hour [48-hour] period
ends at a different time, the person may be detained only until 4
p.m. on the day the 72-hour [48-hour] period ends. If extremely
hazardous weather conditions exist or a disaster occurs, the
presiding judge or magistrate may, by written order made each day,
extend by an additional 24 hours the period during which the person
may be detained. The written order must declare that an emergency
exists because of the weather or the occurrence of a disaster.
SECTION 2. The change in law made by this Act to Section
573.021, Health and Safety Code, applies 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 that date, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.