Texas 2023 - 88th Regular

Texas House Bill HB3504 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Leach H.B. No. 3504
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to an application for emergency detention, procedures
7	7	regarding court-ordered mental health services, and certain rights
8	8	of patients admitted to private mental hospitals and certain other
9	9	mental health facilities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 571.003, Health and Safety Code, is
12	12	amended by adding Subdivision (20-a) to read as follows:
13	13	(20-a) "Psychiatrist" means a physician who is:
14	14	(A) certified by the American Board of Psychiatry
15	15	and Neurology or the American Osteopathic Board of Neurology and
16	16	Psychiatry;
17	17	(B) eligible for board certification as a
18	18	psychiatrist; or
19	19	(C) enrolled in a graduate medical education
20	20	training program and is under the supervision of a psychiatrist who
21	21	is board certified or eligible for certification.
22	22	SECTION 2. Section 573.001(a), Health and Safety Code, is
23	23	amended to read as follows:
24	24	(a) A peace officer, without a warrant, may take a person
25	25	into custody, regardless of the age or location of the person, if
26	26	the officer:
27	27	(1) has reason to believe and does believe that:
28	28	(A) the person is a person with mental illness;
29	29	and
30	30	(B) because of that mental illness there is a
31	31	substantial risk of serious harm to the person or to others unless
32	32	the person is immediately restrained; and
33	33	(2) believes that there is not sufficient time to
34	34	obtain a warrant before taking the person into custody.
35	35	SECTION 3. Section 573.012, Health and Safety Code, is
36	36	amended by amending Subsection (a), (e), and (h) and adding
37	37	Subsection (h-2) to read as follows:
38	38	(a) Except as provided by Subsection (h), an applicant for
39	39	emergency detention must present the application personally to a
40	40	judge or magistrate. The judge or magistrate shall examine the
41	41	application and may interview the applicant. Except as provided by
42	42	Subsections [Subsection] (g) and (h), the judge of a court with
43	43	probate jurisdiction by administrative order may provide that the
44	44	application must be:
45	45	(1) presented personally to the court; or
46	46	(2) retained by court staff and presented to another
47	47	judge or magistrate as soon as is practicable if the judge of the
48	48	court is not available at the time the application is presented.
49	49	(e) A person apprehended under this section who is not
50	50	physically located in a mental health facility at the time the
51	51	warrant is issued under Subsection (h-1) shall be transported for a
52	52	preliminary examination in accordance with Section 573.021 to:
53	53	(1) the nearest appropriate inpatient mental health
54	54	facility; or
55	55	(2) a mental health facility deemed suitable by the
56	56	local mental health authority, if an appropriate inpatient mental
57	57	health facility is not available.
58	58	(h) A judge or magistrate shall [may] permit an applicant
59	59	who is a physician to present an application by:
60	60	(1) e-mail with the application attached as a secure
61	61	document in a portable document format (PDF); or
62	62	(2) another secure electronic means, including:
63	63	(A) satellite transmission;
64	64	(B) closed-circuit television transmission; or
65	65	(C) any other method of two-way electronic
66	66	communication that:
67	67	(i) is secure;
68	68	(ii) is available to the judge or
69	69	magistrate; and
70	70	(iii) provides for a simultaneous,
71	71	compressed full-motion video and interactive communication of
72	72	image and sound between the judge or magistrate and the applicant.
73	73	(h-2) A facility may detain a person who is physically
74	74	located in the facility to perform a preliminary examination in
75	75	accordance with Section 573.021 if:
76	76	(1) a judge or magistrate transmits a warrant to the
77	77	facility under Subsection (h-1) for the detention of the person;
78	78	and
79	79	(2) the person is not under an order under this chapter
80	80	or Chapter 574.
81	81	SECTION 4. Section 574.001, Health and Safety Code, is
82	82	amended by amending Subsection (b) and adding Subsections (g) and
83	83	(h) to read as follows:
84	84	(b) Except as provided by Subsection (f), the application
85	85	must be filed with the county clerk in the county in which the
86	86	proposed patient:
87	87	(1) resides;
88	88	(2) is located at the time the application is filed [is
89	89	found]; [or]
90	90	(3) was apprehended under Chapter 573; or
91	91	(4) is receiving mental health services by court order
92	92	or under Subchapter A, Chapter 573.
93	93	(g) A judge or magistrate shall review an application filed
94	94	at any time that the judge or magistrate is on duty, regardless of
95	95	whether the application is filed after 5:00 p.m. on a weekday, on a
96	96	Saturday or Sunday, or on a state or national holiday.
97	97	(h) A court shall allow an application to be filed under
98	98	this section in the same manner as any other document filed with the
99	99	court, including through the use of an electronic filing system
100	100	established under Section 72.031, Government Code, if applicable.
101	101	SECTION 5. Subchapter A, Chapter 574, Health and Safety
102	102	Code, is amended by adding Section 574.0121 to read as follows:
103	103	Sec. 574.0121. CONFLICTING RECOMMENDATIONS REGARDING
104	104	COMMITMENT. If the local mental health authority in the county in
105	105	which an application is filed does not recommend that a proposed
106	106	patient be committed, the authority, as part of the recommendation
107	107	required under Section 574.012, must:
108	108	(1) include the information required by Sections
109	109	574.011(a) and (b); and
110	110	(2) identify the criteria for commitment that the
111	111	proposed patient does not satisfy and include the facts on which
112	112	that determination is based.
113	113	SECTION 6. Section 574.021, Health and Safety Code, is
114	114	amended by amending Subsection (d) and adding Subsections (d-1) and
115	115	(f) to read as follows:
116	116	(d) The motion must be accompanied by a certificate of
117	117	medical examination for mental illness prepared by a physician who
118	118	has examined the proposed patient not earlier than the third day
119	119	before the day the motion is filed. The motion is not required to
120	120	include a recommendation from a local mental health authority.
121	121	(d-1) A court may not consider a recommendation from a local
122	122	mental health authority if the authority's recommendation fails to
123	123	comply with the requirements of Section 574.012 and, to the extent
124	124	applicable, Section 574.0121.
125	125	(f) A court shall allow the motion to be filed under this
126	126	section in the same manner as any other document filed with the
127	127	court, including through the use of an electronic filing system
128	128	established under Section 72.031, Government Code, if applicable.
129	129	SECTION 7. Section 574.022, Health and Safety Code, is
130	130	amended by amending Subsections (a) and (d) and adding Subsection
131	131	(f) to read as follows:
132	132	(a) The judge or designated magistrate shall [may] issue a
133	133	protective custody order if the judge or magistrate determines:
134	134	(1) that a physician has stated the physician's
135	135	opinion and the detailed reasons for the physician's opinion that
136	136	the proposed patient is a person with mental illness; and
137	137	(2) the proposed patient presents a substantial risk
138	138	of serious harm to the proposed patient or others if not immediately
139	139	restrained pending the hearing.
140	140	(d) The judge or magistrate shall set a hearing date and
141	141	[may] take additional evidence if a fair determination of the
142	142	matter cannot be made from consideration of the application and
143	143	certificate only.
144	144	(f) The judge or magistrate may not deny a motion for a
145	145	protective custody order solely on the basis that the proposed
146	146	patient was not emergency detained under Chapter 573 at the time
147	147	that an application for court-ordered mental health services under
148	148	this chapter was filed.
149	149	SECTION 8. Section 574.023, Health and Safety Code, is
150	150	amended by amending Subsection (a) and adding Subsection (a-1) to
151	151	read as follows:
152	152	(a) A protective custody order shall direct a person
153	153	authorized to transport patients under Section 574.045 to take the
154	154	proposed patient into protective custody and transport the person
155	155	immediately to a mental health facility deemed suitable by:
156	156	(1) the local mental health authority for the area; or
157	157	(2) a physician who completed a certificate of medical
158	158	examination under Section 574.009.
159	159	(a-1) On request of the local mental health authority, the
160	160	judge may order that the proposed patient be detained in an
161	161	inpatient mental health facility operated by the department.
162	162	SECTION 9. Section 574.025(d), Health and Safety Code, is
163	163	amended to read as follows:
164	164	(d) The applicant, the proposed patient, and the proposed
165	165	patient's attorney shall have an opportunity at the hearing to
166	166	appear and present evidence to support or challenge the allegation
167	167	that the proposed patient presents a substantial risk of serious
168	168	harm to the proposed patient [himself] or others.
169	169	SECTION 10. Section 574.028, Health and Safety Code, is
170	170	amended by amending Subsection (a) and adding Subsection (a-1) to
171	171	read as follows:
172	172	(a) If [The magistrate or associate judge shall order the
173	173	release of a person under a protective custody order if] the
174	174	magistrate or associate judge determines after the hearing under
175	175	Section 574.025 that no probable cause exists to believe that the
176	176	proposed patient presents a substantial risk of serious harm to the
177	177	proposed patient [himself] or others, the magistrate or associate
178	178	judge shall order the release of a person under a protective custody
179	179	order. The order must include written findings stating the
180	180	specific facts forming the basis for the determination by the
181	181	magistrate or associate judge that no probable cause exists.
182	182	(a-1) If the magistrate or associate judge after the hearing
183	183	under Section 574.025 denies the motion for protective custody on
184	184	any fact or conclusion of law other than a finding that no probable
185	185	cause exists to believe that the proposed patient presents a
186	186	substantial risk of serious harm to the proposed patient or others,
187	187	the order must include the findings of fact or conclusions of law on
188	188	which the denial is based.
189	189	SECTION 11. Section 574.031, Health and Safety Code, is
190	190	amended by adding Subsection (d-3) to read as follows:
191	191	(d-3) Notwithstanding Subchapter I and without regard to
192	192	the proposed patient's physical presence at the hearing, the court
193	193	shall allow the competent medical or psychiatric testimony under
194	194	Subsection (d-1) to be provided by closed-circuit video
195	195	teleconferencing if:
196	196	(1) closed-circuit video teleconferencing is
197	197	available to the court for that purpose;
198	198	(2) the court has good cause to not conduct in-person
199	199	testimony, including that conducting the testimony through
200	200	closed-circuit video teleconferencing would minimize the
201	201	disruption of care to the testifying person's other patients; and
202	202	(3) the closed-circuit video teleconferencing system
203	203	provides for a simultaneous, compressed full-motion video and
204	204	interactive communication of image and sound between all persons
205	205	involved in the proceedings.
206	206	SECTION 12. Section 574.033(a), Health and Safety Code, is
207	207	amended to read as follows:
208	208	(a) The court shall enter an order denying an application
209	209	for court-ordered temporary or extended mental health services if
210	210	after a hearing the court or jury fails to find, from clear and
211	211	convincing evidence, that the proposed patient is a person with
212	212	mental illness and meets the applicable criteria for court-ordered
213	213	mental health services. The order must include written findings of
214	214	fact on which the court's order is based.
215	215	SECTION 13. Section 577.010, Health and Safety Code, is
216	216	amended by adding Subsections (b-1) and (b-2) to read as follows:
217	217	(b-1) The rules must specify the rights of patients admitted
218	218	for voluntary or involuntary commitment, including the rights
219	219	provided by Chapters 572, 573, 574, and 576.
220	220	(b-2) The rules must require each mental health facility
221	221	licensed under this chapter to:
222	222	(1) notify any patient admitted for voluntary or
223	223	involuntary commitment of the patient's rights under this subtitle
224	224	and under the rules; and
225	225	(2) display a poster or other written document of the
226	226	rights described by Subdivision (1).
227	227	SECTION 14. The changes in law made by this Act to Chapter
228	228	573, Health and Safety Code, apply to an emergency detention that
229	229	begins on or after the effective date of this Act. An emergency
230	230	detention that begins before the effective date of this Act is
231	231	governed by the law as it existed immediately before that date, and
232	232	that law is continued in effect for that purpose.
233	233	SECTION 15. The change in law made by this Act to Section
234	234	574.001, Health and Safety Code, applies only to an application for
235	235	court-ordered mental health services submitted on or after the
236	236	effective date of this Act.
237	237	SECTION 16. The changes in law made by this Act to Chapter
238	238	574, Health and Safety Code, apply only to a proceeding for
239	239	court-ordered mental health services that occurs on or after the
240	240	effective date of this Act, regardless of when an offense with which
241	241	the defendant is charged was committed.
242	242	SECTION 17. This Act takes effect September 1, 2023.