Texas 2023 - 88th Regular

Texas House Bill HB466 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R2592 EAS-F
2	2	By: Hull H.B. No. 466
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the requirements for and compilation of certain
8	8	emergency mental health detention records.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 573.002(b) and (d), Health and Safety
11	11	Code, are amended to read as follows:
12	12	(b) The notification of detention must contain:
13	13	(1) a statement that the officer has reason to believe
14	14	and does believe that the person evidences mental illness;
15	15	(2) a statement that the officer has reason to believe
16	16	and does believe that the person evidences a substantial risk of
17	17	serious harm to the person or others;
18	18	(3) a specific description of the risk of harm;
19	19	(4) a statement that the officer has reason to believe
20	20	and does believe that the risk of harm is imminent unless the person
21	21	is immediately restrained;
22	22	(5) a statement that the officer's beliefs are derived
23	23	from specific recent behavior, overt acts, attempts, or threats
24	24	that were observed by or reliably reported to the officer;
25	25	(6) a detailed description of the specific behavior,
26	26	acts, attempts, or threats; [and]
27	27	(7) the name and relationship to the apprehended
28	28	person of any person who:
29	29	(A) reported or observed the behavior, acts,
30	30	attempts, or threats; or
31	31	(B) witnessed the apprehended person being
32	32	detained;
33	33	(8) a description of the place and setting where the
34	34	detention was initiated;
35	35	(9) a description of the use of restraints in
36	36	detaining the person, including a statement of whether a chemical
37	37	irritant spray or a Taser device was used in detaining the person;
38	38	and
39	39	(10) the age, including the exact age if the person is
40	40	younger than 18 years of age, race, gender, and other demographic
41	41	information required by executive commissioner rules.
42	42	(d) The peace officer shall provide the notification of
43	43	detention on the following form:
44	44	Notification--Emergency Detention NO. ____________________
45	45	DATE:_______________ TIME:_______________
46	46	THE STATE OF TEXAS
47	47	FOR THE BEST INTEREST AND PROTECTION OF:
48	48	______________________________________
49	49	NOTIFICATION OF EMERGENCY DETENTION
50	50	Now comes _____________________________, a peace officer with
51	51	(name of agency) _____________________________, of the State of
52	52	Texas, and states as follows:
53	53	1. I have reason to believe and do believe that (name of person to
54	54	be detained) __________________________ evidences mental illness.
55	55	2. I have reason to believe and do believe that the above-named
56	56	person evidences a substantial risk of serious harm to
57	57	himself/herself or others based upon the following:
58	58	________________________________________________________________
59	59	________________________________________________________________
60	60	________________________________________________________________
61	61	________________________________________________________________
62	62	3. I have reason to believe and do believe that the above risk of
63	63	harm is imminent unless the above-named person is immediately
64	64	restrained.
65	65	4. My beliefs are based upon the following recent behavior, overt
66	66	acts, attempts, statements, or threats observed by me or reliably
67	67	reported to me:
68	68	________________________________________________________________
69	69	________________________________________________________________
70	70	________________________________________________________________
71	71	________________________________________________________________
72	72	5. The names, addresses, and relationship to the above-named
73	73	person of those persons who reported or observed recent behavior,
74	74	acts, attempts, statements, or threats of the above-named person or
75	75	who witnessed the above-named person being detained are (if
76	76	applicable):
77	77	________________________________________________________________
78	78	________________________________________________________________
79	79	________________________________________________________________
80	80	________________________________________________________________
81	81	For the above reasons, I present this notification to seek
82	82	temporary admission to the (name of facility)
83	83	_________________________ inpatient mental health facility or
84	84	hospital facility for the detention of (name of person to be
85	85	detained) __________________________ on an emergency basis.
86	86	6. Was the person restrained in any way? Yes □ No □
87	87	7. Was a chemical irritant spray or a Taser device used on the
88	88	person? Yes □ No □
89	89	8. The location from which the person was taken into custody was a:
90	90	School □ Home □ Health Care Facility □ Emergency Room □ Other □
91	91	9. Demographic Information:
92	92	Race: Caucasian □ Black □ Hispanic □ Asian/Pacific Islander □
93	93	Other □
94	94	10. Age: Under 18 □ Over 18 □ Over 65 □
95	95	11. If under 18: Exact age of the person is _____
96	96	_________________________ BADGE NO. _____________________
97	97	PEACE OFFICER'S SIGNATURE
98	98	Address: _________________________ Zip Code: ____________________
99	99	Telephone: ______________________
100	100	_________________________
101	101	SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable)
102	102	Address: _________________________ Zip Code: ____________________
103	103	Telephone: ______________________
104	104	A mental health facility or hospital emergency department may
105	105	not require a peace officer or emergency medical services personnel
106	106	to execute any form other than this form as a predicate to accepting
107	107	for temporary admission a person detained by a peace officer under
108	108	Section 573.001, Health and Safety Code, and transported by the
109	109	officer under that section or by emergency medical services
110	110	personnel of an emergency medical services provider at the request
111	111	of the officer made in accordance with a memorandum of
112	112	understanding executed under Section 573.005, Health and Safety
113	113	Code.
114	114	SECTION 2. Section 573.021, Health and Safety Code, is
115	115	amended by adding Subsection (f) to read as follows:
116	116	(f) A facility that accepts a person for preliminary
117	117	examination under Subsection (a), as soon as practicable but not
118	118	more than 12 hours after the person is accepted to the facility,
119	119	shall submit to each court with jurisdiction to order commitment
120	120	under Chapter 574 a copy of the peace officer's notification of
121	121	detention filed with the facility under Section 573.002.
122	122	SECTION 3. The heading to Section 574.014, Health and
123	123	Safety Code, is amended to read as follows:
124	124	Sec. 574.014. COMPILATION OF MENTAL HEALTH COMMITMENT AND
125	125	EMERGENCY DETENTION RECORDS.
126	126	SECTION 4. Section 574.014(a), Health and Safety Code, is
127	127	amended to read as follows:
128	128	(a) The clerk of each court with jurisdiction to order
129	129	commitment under this chapter shall provide the Office of Court
130	130	Administration each month with a report of the number of
131	131	applications for commitment orders for involuntary mental health
132	132	services filed with the court and the disposition of those cases,
133	133	including the number of commitment orders for inpatient and
134	134	outpatient mental health services. The Office of Court
135	135	Administration annually shall make the reported information
136	136	available to the Health and Human Services Commission and the
137	137	public on the office's Internet website [annually].
138	138	SECTION 5. The changes in law made by this Act apply only to
139	139	an emergency detention that begins on or after the effective date of
140	140	this Act. An emergency detention that begins before the effective
141	141	date of this Act is governed by the law as it existed immediately
142	142	before the effective date of this Act, and that law is continued in
143	143	effect for that purpose.
144	144	SECTION 6. This Act takes effect September 1, 2023.