89R6629 EAS-F
By: Campos H.B. No. 1938
A BILL TO BE ENTITLED
AN ACT
relating to preliminary examination periods for mental health
protective custody and the criteria for and duration of certain
court-ordered mental health services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.021(b), Health and Safety Code, is
amended to read as follows:
(b) A person accepted for a preliminary examination may be
detained in custody for not longer than 72 [48] hours after the time
the person is presented to the facility unless a written order for
protective custody is obtained. The 72-hour [48-hour] period
allowed by this section includes any time the patient spends
waiting in the facility for medical care before the person receives
the preliminary examination. If the 72-hour [48-hour] period ends
on a Saturday, Sunday, legal holiday, or before 4 p.m. on the first
succeeding business day, the person may be detained until 4 p.m. on
the first succeeding business day. If the 72-hour [48-hour] period
ends at a different time, the person may be detained only until 4
p.m. on the day the 72-hour [48-hour] period ends. If extremely
hazardous weather conditions exist or a disaster occurs, the
presiding judge or magistrate may, by written order made each day,
extend by an additional 24 hours the period during which the person
may be detained. The written order must declare that an emergency
exists because of the weather or the occurrence of a disaster.
SECTION 2. Sections 574.034(a) and (d), Health and Safety
Code, are amended to read as follows:
(a) The judge may order a proposed patient to receive
court-ordered temporary inpatient mental health services only if
the judge or jury finds, from clear and convincing evidence, that:
(1) the proposed patient is a person with mental
illness; and
(2) as a result of that mental illness the proposed
patient:
(A) poses a substantial risk of causing [is
likely to cause] serious harm to the proposed patient, as evidenced
by serious threats of attempting suicide, a suicide attempt, or
other significant self-inflicted bodily harm;
(B) poses a substantial risk of causing [is
likely to cause] serious harm to others, as evidenced by violent
behavior directed toward others; [or]
(C) is:
(i) suffering severe and abnormal mental,
emotional, or physical distress;
(ii) experiencing substantial mental or
physical deterioration of the proposed patient's ability to
function independently, which is exhibited by the proposed
patient's inability, except for reasons of indigence, to provide
for the proposed patient's basic needs, including food, clothing,
health, or safety; and
(iii) unable to make a rational and
informed decision as to whether or not to submit to treatment; or
(D) is experiencing severe mental or physical
deterioration that, without immediate intervention, poses a
substantial risk of severe impairment or injury to the proposed
patient.
(d) To be clear and convincing under Subsection (a), the
evidence must include expert testimony and, unless waived, evidence
of a recent overt act or a continuing pattern of behavior that tends
to confirm:
(1) the likelihood of serious harm to the proposed
patient or others; [or]
(2) the proposed patient's distress and the
deterioration of the proposed patient's ability to function; or
(3) the severe deterioration of the proposed patient
that poses a substantial risk of impairment or injury to the
proposed patient.
SECTION 3. Section 574.0345(c), Health and Safety Code, is
amended to read as follows:
(c) An order for temporary outpatient mental health
services shall state that treatment is authorized for not longer
than 90 [45] days, except that the order may specify a period not to
exceed 180 [90] days if the judge finds that the longer period is
necessary.
SECTION 4. Sections 574.035(a) and (e), Health and Safety
Code, are amended to read as follows:
(a) The judge may order a proposed patient to receive
court-ordered extended inpatient mental health services only if the
jury, or the judge if the right to a jury is waived, finds, from
clear and convincing evidence, that:
(1) the proposed patient is a person with mental
illness;
(2) as a result of that mental illness the proposed
patient:
(A) poses a substantial risk of causing [is
likely to cause] serious harm to the proposed patient, as evidenced
by serious threats of attempting suicide, a suicide attempt, or
other significant self-inflicted bodily harm;
(B) poses a substantial risk of causing [is
likely to cause] serious harm to others, as evidenced by violent
behavior directed toward others; [or]
(C) is:
(i) suffering severe and abnormal mental,
emotional, or physical distress;
(ii) experiencing substantial mental or
physical deterioration of the proposed patient's ability to
function independently, which is exhibited by the proposed
patient's inability, except for reasons of indigence, to provide
for the proposed patient's basic needs, including food, clothing,
health, or safety; and
(iii) unable to make a rational and
informed decision as to whether or not to submit to treatment; or
(D) is experiencing severe mental or physical
deterioration that, without immediate intervention, poses a
substantial risk of severe impairment or injury to the proposed
patient;
(3) the proposed patient's condition is expected to
continue for more than 90 days; and
(4) the proposed patient has received court-ordered
inpatient mental health services under this subtitle or under
Chapter 46B, Code of Criminal Procedure, for at least 60
consecutive days during the preceding 12 months.
(e) To be clear and convincing under Subsection (a), the
evidence must include expert testimony and evidence of a recent
overt act or a continuing pattern of behavior that tends to confirm:
(1) the likelihood of serious harm to the proposed
patient or others; [or]
(2) the proposed patient's distress and the
deterioration of the proposed patient's ability to function; or
(3) the severe deterioration of the proposed patient
that poses a substantial risk of impairment or injury to the
proposed patient.
SECTION 5. The change in law made by this Act to Section
573.021, Health and Safety Code, applies to an emergency detention
that begins on or after the effective date of this Act. An emergency
detention that begins before the effective date of this Act is
governed by the law as it existed immediately before that date, and
that law is continued in effect for that purpose.
SECTION 6. The changes in law made by this Act to Chapter
574, Health and Safety Code, apply only to a proceeding for
court-ordered mental health services that occurs on or after the
effective date of this Act, regardless of when an offense with which
the defendant is charged was committed.
SECTION 7. This Act takes effect September 1, 2025.