Texas 2023 - 88th Regular

Texas House Bill HB2506 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R14766 EAS-F
2	2	By: Jetton H.B. No. 2506
3	3	Substitute the following for H.B. No. 2506:
4	4	By: Klick C.S.H.B. No. 2506
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to procedures applicable to the emergency detention of a
10	10	person with mental illness at a mental health facility, including
11	11	the detention, transportation, and transfer of the person and to
12	12	certain best practices for courts with jurisdiction over emergency
13	13	mental health matters.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Sections 571.003(9) and (12), Health and Safety
16	16	Code, are amended to read as follows:
17	17	(9) "Inpatient mental health facility" means a mental
18	18	health facility that can provide 24-hour residential and
19	19	psychiatric services and that is:
20	20	(A) a facility operated by the department;
21	21	(B) a private mental hospital licensed by the
22	22	department;
23	23	(C) a community center, facility operated by or
24	24	under contract with a community center or other entity the
25	25	department designates to provide mental health services;
26	26	(D) a local mental health authority or a facility
27	27	operated by or under contract with a local mental health authority;
28	28	(E) a mental health or psychiatric unit of [an
29	29	identifiable part of] a general hospital in which diagnosis,
30	30	treatment, and care for persons with mental illness is provided and
31	31	that is licensed by the department; or
32	32	(F) a hospital operated by a federal agency.
33	33	(12) "Mental health facility" means:
34	34	(A) an inpatient or outpatient mental health
35	35	facility operated by the department, a federal agency, a political
36	36	subdivision, or any person;
37	37	(B) a community center or a facility operated by
38	38	a community center;
39	39	(C) a mental health or psychiatric unit [that
40	40	identifiable part] of a general hospital in which diagnosis,
41	41	treatment, and care for persons with mental illness is provided; or
42	42	(D) with respect to a reciprocal agreement
43	43	entered into under Section 571.0081, any hospital or facility
44	44	designated as a place of commitment by the department, a local
45	45	mental health authority, and the contracting state or local
46	46	authority.
47	47	SECTION 2. Section 573.001, Health and Safety Code, is
48	48	amended by amending Subsections (d) and (g) and adding Subsection
49	49	(d-1) to read as follows:
50	50	(d) Except as provided by Subsection (d-1), a [A] peace
51	51	officer who takes a person into custody under Subsection (a) shall
52	52	immediately:
53	53	(1) transport the apprehended person to[:
54	54	[(A)] the nearest appropriate inpatient mental
55	55	health facility; or
56	56	[(B) a mental health facility deemed suitable by
57	57	the local mental health authority, if an appropriate inpatient
58	58	mental health facility is not available; or]
59	59	(2) transfer the apprehended person to emergency
60	60	medical services personnel of an emergency medical services
61	61	provider in accordance with a memorandum of understanding executed
62	62	under Section 573.005 for transport to a facility described by
63	63	Subdivision (1) [(1)(A) or (B)].
64	64	(d-1) Subsection (d) does not apply to a peace officer who
65	65	takes into custody under Subsection (a) a person who requires
66	66	stabilization due to an emergency medical condition.
67	67	(g) A peace officer who takes a person into custody under
68	68	Subsection (a) shall immediately inform the person orally in
69	69	simple, nontechnical terms:
70	70	(1) of the reason for the detention; [and]
71	71	(2) of the warning described by Section 2(a), Article
72	72	38.22, Code of Criminal Procedure; and
73	73	(3) that a staff member of the facility will inform the
74	74	person of the person's rights at [within 24 hours after] the time
75	75	the person is admitted to a facility and before questioning,
76	76	assessing, or examining the person, as provided by Section
77	77	573.025(b).
78	78	SECTION 3. Section 573.002, Health and Safety Code, is
79	79	amended by adding Subsection (f) to read as follows:
80	80	(f) If a person who has been detained under Section 573.001
81	81	and transported to a facility under this section subsequently is
82	82	transported to a mental health facility as authorized by Section
83	83	573.022(d), a copy of the notification of detention form filed
84	84	under Subsection (a) must accompany the detained person to the
85	85	mental health facility.
86	86	SECTION 4. Section 573.012, Health and Safety Code, is
87	87	amended by adding Subsection (j) to read as follows:
88	88	(j) A judge or magistrate is not prohibited from issuing a
89	89	warrant under this section for a person for whom a previous warrant
90	90	was issued under this section unless the person was detained
91	91	pursuant to the previously issued warrant for a preliminary
92	92	examination under Section 573.021 for a period that exceeded the
93	93	maximum custodial period permitted under that section.
94	94	SECTION 5. Subchapter B, Chapter 573, Health and Safety
95	95	Code, is amended by adding Section 573.013 to read as follows:
96	96	Sec. 573.013. JUDICIAL BEST PRACTICES AND PROCEDURES. The
97	97	Office of Court Administration of the Texas Judicial System shall
98	98	develop and provide to each court in the state with jurisdiction to
99	99	hear emergency mental health matters under this chapter best
100	100	practices and procedures for ensuring that a judge or magistrate is
101	101	available 24 hours a day, seven days a week to respond to
102	102	applications for emergency detention under Section 573.012(h).
103	103	SECTION 6. Section 573.021, Health and Safety Code, is
104	104	amended by amending Subsections (a), (b), and (d) and adding
105	105	Subsection (a-1) to read as follows:
106	106	(a) A mental health facility shall temporarily accept a
107	107	person for whom an application for detention is filed or for whom a
108	108	peace officer or emergency medical services personnel of an
109	109	emergency medical services provider transporting the person in
110	110	accordance with a memorandum of understanding executed under
111	111	Section 573.005 files a notification of detention completed by the
112	112	peace officer under Section 573.002(a).
113	113	(a-1) A general hospital may temporarily accept and detain a
114	114	person for whom a warrant under Section 573.012 is issued or for
115	115	whom a peace officer or emergency medical services personnel of an
116	116	emergency medical services provider transporting the person in
117	117	accordance with a memorandum of understanding executed under
118	118	Section 573.005 files a notification of detention completed by the
119	119	peace officer under Section 573.002(a).
120	120	(b) A person accepted for a preliminary examination may be
121	121	detained in custody for not longer than 48 hours after the time the
122	122	person is presented to the mental health facility unless a written
123	123	order for protective custody is obtained. The 48-hour period
124	124	allowed by this section includes any time the patient spends
125	125	waiting in the mental health facility for medical care before the
126	126	person receives the preliminary examination. If the 48-hour
127	127	period ends on a Saturday, Sunday, legal holiday, or before 4 p.m.
128	128	on the first succeeding business day, the person may be detained
129	129	until 4 p.m. on the first succeeding business day. If the 48-hour
130	130	period ends at a different time, the person may be detained only
131	131	until 4 p.m. on the day the 48-hour period ends. If extremely
132	132	hazardous weather conditions exist or a disaster occurs, the
133	133	presiding judge or magistrate may, by written order made each day,
134	134	extend by an additional 24 hours the period during which the person
135	135	may be detained. The written order must declare that an emergency
136	136	exists because of the weather or the occurrence of a disaster.
137	137	(d) A mental health facility must comply with this section
138	138	only to the extent that the commissioner determines that a mental
139	139	health facility has sufficient resources to perform the necessary
140	140	services under this section.
141	141	SECTION 7. Section 573.022, Health and Safety Code, is
142	142	amended by adding Subsection (d) to read as follows:
143	143	(d) A local mental health authority that determines a person
144	144	detained under Section 573.002 should be transported to an
145	145	appropriate mental health facility before the expiration of the
146	146	period for emergency detention described by Section 573.021(b) may
147	147	submit a request for a peace officer to provide transportation. On
148	148	a peace officer's receipt of notice of the request from the
149	149	officer's supervisor, the peace officer immediately shall
150	150	transport the detained person to the appropriate mental health
151	151	facility. A copy of the notification of emergency detention for the
152	152	detained person filed under Section 573.002(a) must accompany the
153	153	detained person to the receiving facility. The receiving facility
154	154	may not require any form other than the copy of the peace officer's
155	155	notification of detention as a predicate to accepting a person for
156	156	emergency detention.
157	157	SECTION 8. Section 573.025(b), Health and Safety Code, is
158	158	amended to read as follows:
159	159	(b) A person apprehended, detained, or transported for
160	160	emergency detention under this subtitle shall be informed of the
161	161	rights provided by this section and this subtitle:
162	162	(1) orally in simple, nontechnical terms, at [within
163	163	24 hours after] the time the person is admitted to a facility and
164	164	before the person is questioned, assessed, or examined, and in
165	165	writing in the person's primary language if possible; or
166	166	(2) through the use of a means reasonably calculated
167	167	to communicate with a hearing or visually impaired person, if
168	168	applicable.
169	169	SECTION 9. The changes in law made by this Act apply to an
170	170	emergency detention under Chapter 573, Health and Safety Code, that
171	171	begins on or after the effective date of this Act. An emergency
172	172	detention under Chapter 573, Health and Safety Code, that begins
173	173	before the effective date of this Act is governed by the law as it
174	174	existed immediately before that date, and that law is continued in
175	175	effect for that purpose.
176	176	SECTION 10. As soon as practicable after the effective date
177	177	of this Act, the Office of Court Administration of the Texas
178	178	Judicial System shall develop the best practices and procedures as
179	179	required by Section 573.013, Health and Safety Code, as added by
180	180	this Act.
181	181	SECTION 11. This Act takes effect September 1, 2023.