Texas 2025 - 89th Regular

Texas House Bill HB1938 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R6629 EAS-F
2	2	By: Campos H.B. No. 1938
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to preliminary examination periods for mental health
10	10	protective custody and the criteria for and duration of certain
11	11	court-ordered mental health services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 573.021(b), Health and Safety Code, is
14	14	amended to read as follows:
15	15	(b) A person accepted for a preliminary examination may be
16	16	detained in custody for not longer than 72 [48] hours after the time
17	17	the person is presented to the facility unless a written order for
18	18	protective custody is obtained. The 72-hour [48-hour] period
19	19	allowed by this section includes any time the patient spends
20	20	waiting in the facility for medical care before the person receives
21	21	the preliminary examination. If the 72-hour [48-hour] period ends
22	22	on a Saturday, Sunday, legal holiday, or before 4 p.m. on the first
23	23	succeeding business day, the person may be detained until 4 p.m. on
24	24	the first succeeding business day. If the 72-hour [48-hour] period
25	25	ends at a different time, the person may be detained only until 4
26	26	p.m. on the day the 72-hour [48-hour] period ends. If extremely
27	27	hazardous weather conditions exist or a disaster occurs, the
28	28	presiding judge or magistrate may, by written order made each day,
29	29	extend by an additional 24 hours the period during which the person
30	30	may be detained. The written order must declare that an emergency
31	31	exists because of the weather or the occurrence of a disaster.
32	32	SECTION 2. Sections 574.034(a) and (d), Health and Safety
33	33	Code, are amended to read as follows:
34	34	(a) The judge may order a proposed patient to receive
35	35	court-ordered temporary inpatient mental health services only if
36	36	the judge or jury finds, from clear and convincing evidence, that:
37	37	(1) the proposed patient is a person with mental
38	38	illness; and
39	39	(2) as a result of that mental illness the proposed
40	40	patient:
41	41	(A) poses a substantial risk of causing [is
42	42	likely to cause] serious harm to the proposed patient, as evidenced
43	43	by serious threats of attempting suicide, a suicide attempt, or
44	44	other significant self-inflicted bodily harm;
45	45	(B) poses a substantial risk of causing [is
46	46	likely to cause] serious harm to others, as evidenced by violent
47	47	behavior directed toward others; [or]
48	48	(C) is:
49	49	(i) suffering severe and abnormal mental,
50	50	emotional, or physical distress;
51	51	(ii) experiencing substantial mental or
52	52	physical deterioration of the proposed patient's ability to
53	53	function independently, which is exhibited by the proposed
54	54	patient's inability, except for reasons of indigence, to provide
55	55	for the proposed patient's basic needs, including food, clothing,
56	56	health, or safety; and
57	57	(iii) unable to make a rational and
58	58	informed decision as to whether or not to submit to treatment; or
59	59	(D) is experiencing severe mental or physical
60	60	deterioration that, without immediate intervention, poses a
61	61	substantial risk of severe impairment or injury to the proposed
62	62	patient.
63	63	(d) To be clear and convincing under Subsection (a), the
64	64	evidence must include expert testimony and, unless waived, evidence
65	65	of a recent overt act or a continuing pattern of behavior that tends
66	66	to confirm:
67	67	(1) the likelihood of serious harm to the proposed
68	68	patient or others; [or]
69	69	(2) the proposed patient's distress and the
70	70	deterioration of the proposed patient's ability to function; or
71	71	(3) the severe deterioration of the proposed patient
72	72	that poses a substantial risk of impairment or injury to the
73	73	proposed patient.
74	74	SECTION 3. Section 574.0345(c), Health and Safety Code, is
75	75	amended to read as follows:
76	76	(c) An order for temporary outpatient mental health
77	77	services shall state that treatment is authorized for not longer
78	78	than 90 [45] days, except that the order may specify a period not to
79	79	exceed 180 [90] days if the judge finds that the longer period is
80	80	necessary.
81	81	SECTION 4. Sections 574.035(a) and (e), Health and Safety
82	82	Code, are amended to read as follows:
83	83	(a) The judge may order a proposed patient to receive
84	84	court-ordered extended inpatient mental health services only if the
85	85	jury, or the judge if the right to a jury is waived, finds, from
86	86	clear and convincing evidence, that:
87	87	(1) the proposed patient is a person with mental
88	88	illness;
89	89	(2) as a result of that mental illness the proposed
90	90	patient:
91	91	(A) poses a substantial risk of causing [is
92	92	likely to cause] serious harm to the proposed patient, as evidenced
93	93	by serious threats of attempting suicide, a suicide attempt, or
94	94	other significant self-inflicted bodily harm;
95	95	(B) poses a substantial risk of causing [is
96	96	likely to cause] serious harm to others, as evidenced by violent
97	97	behavior directed toward others; [or]
98	98	(C) is:
99	99	(i) suffering severe and abnormal mental,
100	100	emotional, or physical distress;
101	101	(ii) experiencing substantial mental or
102	102	physical deterioration of the proposed patient's ability to
103	103	function independently, which is exhibited by the proposed
104	104	patient's inability, except for reasons of indigence, to provide
105	105	for the proposed patient's basic needs, including food, clothing,
106	106	health, or safety; and
107	107	(iii) unable to make a rational and
108	108	informed decision as to whether or not to submit to treatment; or
109	109	(D) is experiencing severe mental or physical
110	110	deterioration that, without immediate intervention, poses a
111	111	substantial risk of severe impairment or injury to the proposed
112	112	patient;
113	113	(3) the proposed patient's condition is expected to
114	114	continue for more than 90 days; and
115	115	(4) the proposed patient has received court-ordered
116	116	inpatient mental health services under this subtitle or under
117	117	Chapter 46B, Code of Criminal Procedure, for at least 60
118	118	consecutive days during the preceding 12 months.
119	119	(e) To be clear and convincing under Subsection (a), the
120	120	evidence must include expert testimony and evidence of a recent
121	121	overt act or a continuing pattern of behavior that tends to confirm:
122	122	(1) the likelihood of serious harm to the proposed
123	123	patient or others; [or]
124	124	(2) the proposed patient's distress and the
125	125	deterioration of the proposed patient's ability to function; or
126	126	(3) the severe deterioration of the proposed patient
127	127	that poses a substantial risk of impairment or injury to the
128	128	proposed patient.
129	129	SECTION 5. The change in law made by this Act to Section
130	130	573.021, Health and Safety Code, applies to an emergency detention
131	131	that begins on or after the effective date of this Act. An emergency
132	132	detention that begins before the effective date of this Act is
133	133	governed by the law as it existed immediately before that date, and
134	134	that law is continued in effect for that purpose.
135	135	SECTION 6. The changes in law made by this Act to Chapter
136	136	574, Health and Safety Code, apply only to a proceeding for
137	137	court-ordered mental health services that occurs on or after the
138	138	effective date of this Act, regardless of when an offense with which
139	139	the defendant is charged was committed.
140	140	SECTION 7. This Act takes effect September 1, 2025.