Texas House Bill HB1938

Texas 2025 - 89th Regular

• Filed: 1/17/25

Caption

Relating to preliminary examination periods for mental health protective custody and the criteria for and duration of certain court-ordered mental health services.

Impact

The bill amends various sections of the Texas Health and Safety Code to reflect these new standards, which are intended to augment the protection and care available to individuals experiencing severe mental health issues. The extended time for preliminary examinations may lead to more informed decision-making concerning court-ordered mental health services. This could ultimately enhance treatment outcomes by ensuring that individuals receive appropriate services based on thorough evaluations.

Summary

House Bill 1938 focuses on revising the standards and procedures for preliminary examination periods regarding mental health protective custody. Specifically, the bill seeks to extend the maximum duration for which a person may be held in custody for a preliminary examination from 48 hours to 72 hours. This change acknowledges the need for additional time to ensure comprehensive evaluations are conducted in cases where individuals are under protective custody due to mental health crises.

Conclusion

If enacted, bill HB1938 is set to take effect on September 1, 2025, and will apply to all emergency detentions beginning on or after this date. Its implications for mental health law in Texas are significant, particularly in the context of ongoing discussions around how best to provide for the rights and well-being of individuals in mental health crises while also ensuring community safety.

Contention

While supporters advocate for more time to assess patients, allowing for better mental health interventions, the bill has drawn concerns related to potential overreach in the mechanisms of involuntary detention. Critics may argue that extending detention periods could infringe on individual rights and liberties, thus emphasizing the need for balance between patient welfare and personal freedoms. Detailed safeguards are necessary to ensure that the extended periods of custody do not lead to abuse of the system or unnecessary detentions.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 573. Emergency Detention
  • Section: 021

• Chapter 574. Court-ordered Mental Health Services
  • Section: 034
  • Section: 0345
  • Section: 035