Texas 2023 - 88th Regular

Texas House Bill HB2507 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9589 MPF-F
2	2	By: Jetton H.B. No. 2507
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures for the emergency detention of certain
8	8	persons with mental illness.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 573.001, Health and Safety Code, is
11	11	amended by adding Subsection (i) to read as follows:
12	12	(i) A peace officer may detain in custody under this section
13	13	a person who has been admitted to a facility, regardless of whether
14	14	the person was admitted for voluntary mental health services.
15	15	SECTION 2. Section 573.012, Health and Safety Code, is
16	16	amended by amending Subsections (a), (e), and (h) and adding
17	17	Subsection (h-2) to read as follows:
18	18	(a) Except as provided by Subsection (h), an applicant for
19	19	emergency detention must present the application personally to a
20	20	judge or magistrate. The judge or magistrate shall examine the
21	21	application and may interview the applicant. Except as provided by
22	22	Subsections [Subsection] (g) and (h), the judge of a court with
23	23	probate jurisdiction by administrative order may provide that the
24	24	application must be:
25	25	(1) presented personally to the court; or
26	26	(2) retained by court staff and presented to another
27	27	judge or magistrate as soon as is practicable if the judge of the
28	28	court is not available at the time the application is presented.
29	29	(e) A person apprehended under this section who has not been
30	30	admitted to a mental health facility at the time the warrant is
31	31	issued under Subsection (h-1) shall be transported for a
32	32	preliminary examination in accordance with Section 573.021 to:
33	33	(1) the nearest appropriate inpatient mental health
34	34	facility; or
35	35	(2) a mental health facility deemed suitable by the
36	36	local mental health authority, if an appropriate inpatient mental
37	37	health facility is not available.
38	38	(h) A judge or magistrate shall [may] permit an applicant
39	39	who is a physician to present an application by:
40	40	(1) e-mail with the application attached as a secure
41	41	document in a portable document format (PDF); or
42	42	(2) another secure electronic means, including:
43	43	(A) satellite transmission;
44	44	(B) closed-circuit television transmission; or
45	45	(C) any other method of two-way electronic
46	46	communication that:
47	47	(i) is secure;
48	48	(ii) is available to the judge or
49	49	magistrate; and
50	50	(iii) provides for a simultaneous,
51	51	compressed full-motion video and interactive communication of
52	52	image and sound between the judge or magistrate and the applicant.
53	53	(h-2) If a judge or magistrate transmits a warrant under
54	54	Subsection (h-1) for the detention of a person who has been admitted
55	55	to a facility at the time the application is presented under
56	56	Subsection (h), the facility may detain the person to perform a
57	57	preliminary examination in accordance with Section 573.021.
58	58	SECTION 3. The changes in law made by this Act apply to an
59	59	emergency detention under Chapter 573, Health and Safety Code, that
60	60	begins on or after the effective date of this Act. An emergency
61	61	detention under Chapter 573, Health and Safety Code, that begins
62	62	before the effective date of this Act is governed by the law as it
63	63	existed immediately before that date, and that law is continued in
64	64	effect for that purpose.
65	65	SECTION 4. This Act takes effect September 1, 2023.