TX
Texas House Bill HB5463

Texas 2025 - 89th Regular

Texas House Bill HB5463 Compare Versions

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11 89R5562 EAS-D
22 By: Moody H.B. No. 5463
33
44
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to emergency detention of certain persons evidencing
1010 mental illness and to court-ordered inpatient and extended mental
1111 health services.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 573.001(b), Health and Safety Code, is
1414 amended to read as follows:
1515 (b) A substantial risk of serious harm to the person or
1616 others under Subsection (a)(1)(B) may be demonstrated by:
1717 (1) the person's behavior; or
1818 (2) evidence of severe emotional distress and
1919 deterioration in the person's mental condition, including the
2020 person's inability to recognize symptoms or appreciate the risks
2121 and benefits of treatment, to the extent that the person cannot
2222 remain at liberty.
2323 SECTION 2. The heading to Section 573.002, Health and
2424 Safety Code, is amended to read as follows:
2525 Sec. 573.002. PEACE OFFICER'S NOTIFICATION OF EMERGENCY
2626 DETENTION.
2727 SECTION 3. Section 573.002, Health and Safety Code, is
2828 amended by amending Subsections (a), (b), (c), and (d) and adding
2929 Subsection (f) to read as follows:
3030 (a) A peace officer shall immediately file with a facility a
3131 notification of emergency detention after transporting a person to
3232 that facility in accordance with Section 573.001. Emergency
3333 medical services personnel of an emergency medical services
3434 provider who transport a person to a facility at the request of a
3535 peace officer made in accordance with a memorandum of understanding
3636 executed under Section 573.005 shall immediately file with the
3737 facility the notification of emergency detention completed by the
3838 peace officer who made the request.
3939 (b) The notification of emergency detention must contain:
4040 (1) a statement that the officer has reason to believe
4141 and does believe that the person evidences mental illness;
4242 (2) a statement that the officer has reason to believe
4343 and does believe that the person evidences a substantial risk of
4444 serious harm to the person or others;
4545 (3) [a specific description of the risk of harm;
4646 [(4)] a statement that the officer has reason to
4747 believe and does believe that the risk of harm is imminent unless
4848 the person is immediately restrained;
4949 (4) [(5)] a statement that the officer's beliefs are
5050 derived from specific recent behavior, overt acts, attempts, or
5151 threats that were observed by or reliably reported to the officer;
5252 (5) [(6)] a detailed description of the specific
5353 behavior, acts, attempts, or threats; and
5454 (6) [(7)] the name and relationship to the apprehended
5555 person of any person who reported or observed the behavior, acts,
5656 attempts, or threats.
5757 (c) The facility where the person is detained shall include
5858 in the detained person's clinical file the notification of
5959 emergency detention described by this section.
6060 (d) The peace officer shall provide the notification of
6161 emergency detention in substantially [on] the following form:
6262 Notification--Emergency Detention NO. ____________________
6363 DATE:_______________ TIME:_______________
6464 THE STATE OF TEXAS
6565 FOR THE BEST INTEREST AND PROTECTION OF:
6666 ______________________________________
6767 DOB:_____________ RACE:______________ GENDER:_______________ _____________ RACE:______________ GENDER:_______________
6868 PHONE NUMBER:______________ ADDRESS:______________________________________ ADDRESS:________________________
6969 NOTIFICATION OF EMERGENCY DETENTION
7070 Now comes _____________________________, a peace officer with
7171 (name of agency) _____________________________, of the State of
7272 Texas, and states as follows:
7373 [1.] I have reason to believe and do believe that (name of
7474 person to be detained) __________________________ evidences mental
7575 illness;[.]
7676 [2.] I have reason to believe and do believe that the
7777 above-named person evidences a substantial risk of serious harm to
7878 himself/herself or others based on the person's behavior or
7979 evidence the person is experiencing severe emotional distress and
8080 deterioration to the extent the person cannot remain at liberty;
8181 and [upon the following:
8282 ________________________________________________________________
8383 ________________________________________________________________
8484 ________________________________________________________________
8585 _______________________________________________________________]
8686 [3.] I have reason to believe and do believe that the [above]
8787 risk of harm is imminent unless the above-named person is
8888 immediately restrained.
8989 1. [4.] My above-stated beliefs are based upon the following
9090 recent behavior, severe emotional distress and deterioration,
9191 overt acts, attempts, statements, or threats observed by me or
9292 reliably reported to me (may use attachments to report additional
9393 information):
9494 ________________________________________________________________
9595 ________________________________________________________________
9696 ________________________________________________________________
9797 ________________________________________________________________
9898 2. [5.] The names, addresses, phone numbers, and relationship to
9999 the above-named person of those persons who reported or observed
100100 recent behavior, acts, attempts, statements, or threats of the
101101 above-named person are (if applicable):
102102 ________________________________________________________________
103103 ________________________________________________________________
104104 ________________________________________________________________
105105 ________________________________________________________________
106106 ADULT 65 YEARS OF AGE OR OLDER? □ YES □ NO If yes, □ YES □ NO If yes,
107107 age: ___________
108108 CHILD 17 YEARS OF AGE OR YOUNGER? □ YES □ NO If yes, □ YES □ NO If yes,
109109 age: ___________
110110 FOR A CHILD 17 YEARS OF AGE OR YOUNGER (if yes):
111111 My belief the child is at risk of imminent serious harm unless
112112 immediately removed from the parents' custody is based on the
113113 above-stated facts showing the parents or guardians are presently
114114 unable to protect the child from imminent serious harm.
115115 I provided notice to the child's parents or guardians of my
116116 intention to file this notification.
117117 I was not able to provide notice to the child's parents or
118118 guardians of my intention to file this notification because:
119119 ________________________________________________________________
120120 ________________________________________________________________
121121 Parent/Guardian Contact Information: ____________________________
122122 ________________________________________________________________
123123 USE OF RESTRAINT
124124 Was the person physically restrained in any way? Yes □ No □
125125 If yes, reason for physical restraint? □ Officer Safety
126126 Person's Safety □ Other ____________________
127127 CALL ORIGINATED AT:
128128 Public Area □ Residence □ School/University
129129 Group Home □ Hospital
130130 Other________________________________________
131131 OBSERVATIONS/HISTORY
132132 If YES to any question below, provide additional information:
133133 YES NO UNKNOWN NOTES YES NO UNKNOWN NOTES
134134 YES NO UNKNOWN NOTES
135135 Harm to self Harm to self
136136 Harm to self
137137 or stating an or stating an
138138 or stating an
139139 intention to intention to
140140 intention to
141141 harm self? harm self?
142142 harm self?
143143 Previous Previous
144144 Previous
145145 attempt to attempt to
146146 attempt to
147147 commit commit
148148 commit
149149 suicide? suicide?
150150 suicide?
151151 Harm to Harm to
152152 Harm to
153153 others or others or
154154 others or
155155 stating an stating an
156156 stating an
157157 intention to intention to
158158 intention to
159159 harm others? harm others?
160160 harm others?
161161 Previous Previous
162162 Previous
163163 serious harm serious harm
164164 serious harm
165165 or injury to or injury to
166166 or injury to
167167 others? others?
168168 others?
169169 Previous Previous
170170 Previous
171171 psychiatric psychiatric
172172 psychiatric
173173 hospital hospital
174174 hospital
175175 treatment? treatment?
176176 treatment?
177177 Reported Reported
178178 Reported
179179 mental health mental health
180180 mental health
181181 diagnosis? diagnosis?
182182 diagnosis?
183183 Prescribed Prescribed
184184 Prescribed
185185 psychiatric psychiatric
186186 psychiatric
187187 medications? medications?
188188 medications?
189189 Current Current
190190 Current
191191 psychiatric psychiatric
192192 psychiatric
193193 medications medications
194194 medications
195195 taken? taken?
196196 taken?
197197 Sleeping Sleeping
198198 Sleeping
199199 difficulty? difficulty?
200200 difficulty?
201201 Substance use Substance use
202202 Substance use
203203 disorder? disorder?
204204 disorder?
205205 FIREARMS/WEAPONS
206206 If YES to any question below, provide additional information:
207207 YES NO UNKNOWN NOTES YES NO UNKNOWN NOTES
208208 YES NO UNKNOWN NOTES
209209 Possession of Possession of
210210 Possession of
211211 firearm at firearm at
212212 firearm at
213213 time of time of
214214 time of
215215 contact? contact?
216216 contact?
217217 If yes, was If yes, was
218218 If yes, was
219219 firearm firearm
220220 firearm
221221 seized in seized in
222222 seized in
223223 accordance accordance
224224 accordance
225225 with Article with Article
226226 with Article
227227 18.191, Code 18.191, Code
228228 18.191, Code
229229 of Criminal of Criminal
230230 of Criminal
231231 Procedure? Procedure?
232232 Procedure?
233233 TRANSPORTED TO:
234234 Hospital/Emergency Room □ Mental Health Facility
235235 Other _______________________
236236 For the above reasons, I present this notification to seek
237237 temporary admission to the (name of facility)
238238 _________________________ inpatient mental health facility or
239239 hospital facility for the detention of (name of person to be
240240 detained) __________________________ on an emergency basis.
241241 [6. Was the person restrained in any way? Yes □ No □]
242242 PEACE OFFICER'S PRINTED NAME: ___________________________________
243243 BADGE NO. _____________________
244244 PEACE OFFICER'S SIGNATURE _______________________________________
245245 Address: _________________________ Zip Code: ____________________
246246 Telephone: ______________________
247247 [_________________________]
248248 SIGNATURE OF EMERGENCY MEDICAL SERVICES PERSONNEL (if applicable)
249249 _________________________ PRINTED NAME OF PERSONNEL: _____________
250250 Address: _________________________ Zip Code: ____________________
251251 Telephone: ______________________
252252 A mental health facility or hospital emergency department may
253253 not require a peace officer or emergency medical services personnel
254254 to execute any form other than this form as a predicate to accepting
255255 for temporary admission a person detained by a peace officer under
256256 Section 573.001, Health and Safety Code[, and transported by the
257257 officer under that section or by emergency medical services
258258 personnel of an emergency medical services provider at the request
259259 of the officer made in accordance with a memorandum of
260260 understanding executed under Section 573.005, Health and Safety
261261 Code].
262262 (f) A peace officer who transports an apprehended person to
263263 a facility under Section 573.001(d)(1) or emergency medical
264264 services personnel of an emergency medical services provider who
265265 transports a person to a facility under Section 573.001(d)(2):
266266 (1) is not required to remain at the facility while the
267267 apprehended person is medically screened or treated or while the
268268 person's insurance coverage is verified; and
269269 (2) may leave the facility immediately after:
270270 (A) the person is taken into custody by
271271 appropriate facility staff; and
272272 (B) the notification of emergency detention
273273 required by this section is provided to the facility.
274274 SECTION 4. Section 573.003(b), Health and Safety Code, is
275275 amended to read as follows:
276276 (b) A substantial risk of serious harm to the ward or others
277277 under Subsection (a)(2) may be demonstrated by:
278278 (1) the ward's behavior; or
279279 (2) evidence of severe emotional distress and
280280 deterioration in the ward's mental condition, including the ward's
281281 inability to recognize symptoms or appreciate the risks and
282282 benefits of treatment, to the extent that the ward cannot remain at
283283 liberty.
284284 SECTION 5. Section 573.012(c), Health and Safety Code, is
285285 amended to read as follows:
286286 (c) A substantial risk of serious harm to the person or
287287 others under Subsection (b)(2) may be demonstrated by:
288288 (1) the person's behavior; or
289289 (2) evidence of severe emotional distress and
290290 deterioration in the person's mental condition, including the
291291 person's inability to recognize symptoms or appreciate the risks
292292 and benefits of treatment, to the extent that the person cannot
293293 remain at liberty.
294294 SECTION 6. Section 573.022(a), Health and Safety Code, is
295295 amended to read as follows:
296296 (a) A person may be admitted to a facility for emergency
297297 detention only if the physician who conducted the preliminary
298298 examination of the person makes a written statement that:
299299 (1) is acceptable to the facility;
300300 (2) states that after a preliminary examination it is
301301 the physician's opinion that:
302302 (A) the person is a person with mental illness;
303303 (B) the person evidences a substantial risk of
304304 serious harm to the person or to others;
305305 (C) the described risk of harm is imminent unless
306306 the person is immediately restrained; and
307307 (D) emergency detention is the least restrictive
308308 means by which the necessary restraint may be accomplished; and
309309 (3) includes:
310310 (A) a description of the nature of the person's
311311 mental illness;
312312 (B) a specific description of the risk of harm
313313 the person evidences that may be demonstrated either by the
314314 person's behavior or by evidence of severe emotional distress and
315315 deterioration in the person's mental condition, including the
316316 person's inability to recognize symptoms or appreciate the risks
317317 and benefits of treatment, to the extent that the person cannot
318318 remain at liberty; and
319319 (C) the specific detailed information from which
320320 the physician formed the opinion in Subdivision (2).
321321 SECTION 7. Section 574.001(b), Health and Safety Code, is
322322 amended to read as follows:
323323 (b) Except as provided by Subsection (f), the application
324324 must be filed with the county clerk in the county in which the
325325 proposed patient:
326326 (1) resides;
327327 (2) is located at the time the application is filed [is
328328 found]; [or]
329329 (3) was apprehended under Chapter 573; or
330330 (4) is receiving mental health services by court order
331331 or under Subchapter A, Chapter 573.
332332 SECTION 8. Sections 574.011(a) and (d), Health and Safety
333333 Code, are amended to read as follows:
334334 (a) A certificate of medical examination for mental illness
335335 must be sworn to, dated, and signed by the examining physician. The
336336 certificate must include:
337337 (1) the name and address of the examining physician;
338338 (2) the name and address of the person examined;
339339 (3) the date and place of the examination;
340340 (4) a brief diagnosis of the examined person's
341341 physical and mental condition;
342342 (5) the period, if any, during which the examined
343343 person has been under the care of the examining physician;
344344 (6) an accurate description of the mental health
345345 treatment, if any, given by or administered under the direction of
346346 the examining physician; and
347347 (7) the examining physician's opinion that:
348348 (A) the examined person is a person with mental
349349 illness; and
350350 (B) as a result of that illness the examined
351351 person:
352352 (i) is likely to cause serious harm to the
353353 person or to others; [or]
354354 (ii) is:
355355 (a) [(i)] suffering severe and
356356 abnormal mental, emotional, or physical distress;
357357 (b) [(ii)] experiencing substantial
358358 mental or physical deterioration of the proposed patient's ability
359359 to function independently, which is exhibited by the proposed
360360 patient's inability, except for reasons of indigence, to provide
361361 for the proposed patient's basic needs, including food, clothing,
362362 health, or safety; and
363363 (c) [(iii)] not able to make a
364364 rational and informed decision as to whether to submit to
365365 treatment; or
366366 (iii) lacks the capacity to recognize the
367367 person is experiencing symptoms of a serious mental illness and is:
368368 (a) unable to make a rational and
369369 informed decision regarding voluntary mental health treatment;
370370 (b) unable to appreciate the risks or
371371 benefits of mental health treatment or understand, use, weigh, or
372372 retain information relevant to making informed treatment
373373 decisions; and
374374 (c) in the absence of mental health
375375 treatment, likely to experience a relapse or deterioration of the
376376 examined person's mental or physical condition that would satisfy
377377 the criteria under Subparagraph (i) or (ii).
378378 (d) If the certificate is offered in support of a motion for
379379 a protective custody order, the certificate must also include the
380380 examining physician's opinion that the examined person presents a
381381 substantial risk of serious harm to himself or others if not
382382 immediately restrained. The harm may be demonstrated by the
383383 examined person's behavior or by evidence of severe emotional
384384 distress and deterioration in the examined person's mental
385385 condition, including the examined person's inability to recognize
386386 symptoms or appreciate the risks and benefits of treatment, to the
387387 extent that the examined person cannot remain at liberty.
388388 SECTION 9. Section 574.022(b), Health and Safety Code, is
389389 amended to read as follows:
390390 (b) The determination that the proposed patient presents a
391391 substantial risk of serious harm may be demonstrated by the
392392 proposed patient's behavior or by evidence of severe emotional
393393 distress and deterioration in the proposed patient's mental
394394 condition, including the proposed patient's inability to recognize
395395 symptoms or appreciate the risks and benefits of treatment, to the
396396 extent that the proposed patient cannot remain at liberty.
397397 SECTION 10. Sections 574.034(a) and (d), Health and Safety
398398 Code, are amended to read as follows:
399399 (a) The judge may order a proposed patient to receive
400400 court-ordered temporary inpatient mental health services only if
401401 the judge or jury finds, from clear and convincing evidence, that:
402402 (1) the proposed patient is a person with mental
403403 illness; and
404404 (2) as a result of that mental illness the proposed
405405 patient:
406406 (A) is likely to cause serious harm to the
407407 proposed patient;
408408 (B) is likely to cause serious harm to others;
409409 [or]
410410 (C) is:
411411 (i) suffering severe and abnormal mental,
412412 emotional, or physical distress;
413413 (ii) experiencing substantial mental or
414414 physical deterioration of the proposed patient's ability to
415415 function independently, which is exhibited by the proposed
416416 patient's inability, except for reasons of indigence, to provide
417417 for the proposed patient's basic needs, including food, clothing,
418418 health, or safety; and
419419 (iii) unable to make a rational and
420420 informed decision as to whether or not to submit to treatment; or
421421 (D) lacks the capacity to recognize the proposed
422422 patient is experiencing symptoms of a serious mental illness and
423423 is:
424424 (i) unable to make a rational and informed
425425 decision regarding voluntary inpatient mental health treatment;
426426 (ii) unable to appreciate the risks or
427427 benefits of mental health treatment or understand, use, weigh, or
428428 retain information relevant to making informed treatment
429429 decisions; and
430430 (iii) in the absence of court-ordered
431431 temporary inpatient mental health services, likely to experience a
432432 relapse or deterioration of the proposed patient's mental or
433433 physical condition that would satisfy the criteria under Paragraph
434434 (A), (B), or (C).
435435 (d) To be clear and convincing under Subsection (a), the
436436 evidence must include expert testimony and, unless waived, evidence
437437 of a recent overt act or a continuing pattern of behavior that tends
438438 to confirm:
439439 (1) the likelihood of serious harm to the proposed
440440 patient or others; [or]
441441 (2) the proposed patient's distress and the
442442 deterioration of the proposed patient's ability to function; or
443443 (3) the proposed patient's lack of capacity or
444444 inability to make or understand treatment decisions that will
445445 likely result in the deterioration of the proposed patient's mental
446446 or physical condition.
447447 SECTION 11. Sections 574.035(a) and (e), Health and Safety
448448 Code, are amended to read as follows:
449449 (a) The judge may order a proposed patient to receive
450450 court-ordered extended inpatient mental health services only if the
451451 jury, or the judge if the right to a jury is waived, finds, from
452452 clear and convincing evidence, that:
453453 (1) the proposed patient is a person with mental
454454 illness;
455455 (2) as a result of that mental illness the proposed
456456 patient:
457457 (A) is likely to cause serious harm to the
458458 proposed patient;
459459 (B) is likely to cause serious harm to others;
460460 [or]
461461 (C) is:
462462 (i) suffering severe and abnormal mental,
463463 emotional, or physical distress;
464464 (ii) experiencing substantial mental or
465465 physical deterioration of the proposed patient's ability to
466466 function independently, which is exhibited by the proposed
467467 patient's inability, except for reasons of indigence, to provide
468468 for the proposed patient's basic needs, including food, clothing,
469469 health, or safety; and
470470 (iii) unable to make a rational and
471471 informed decision as to whether or not to submit to treatment; or
472472 (D) lacks the capacity to recognize the proposed
473473 patient is experiencing symptoms of a serious mental illness and
474474 is:
475475 (i) unable to make a rational and informed
476476 decision regarding voluntary inpatient mental health treatment;
477477 (ii) unable to appreciate the risks or
478478 benefits of mental health treatment or understand, use, weigh, or
479479 retain information relevant to making informed treatment
480480 decisions; and
481481 (iii) in the absence of court-ordered
482482 extended inpatient mental health services, likely to experience a
483483 relapse or deterioration of the proposed patient's mental or
484484 physical condition that would satisfy the criteria under Paragraph
485485 (A), (B), or (C);
486486 (3) the proposed patient's condition is expected to
487487 continue for more than 90 days; and
488488 (4) the proposed patient has received court-ordered
489489 inpatient mental health services under this subtitle or under
490490 Chapter 46B, Code of Criminal Procedure, for at least 60
491491 consecutive days during the preceding 12 months.
492492 (e) To be clear and convincing under Subsection (a), the
493493 evidence must include expert testimony and evidence of a recent
494494 overt act or a continuing pattern of behavior that tends to confirm:
495495 (1) the likelihood of serious harm to the proposed
496496 patient or others; [or]
497497 (2) the proposed patient's distress and the
498498 deterioration of the proposed patient's ability to function; or
499499 (3) the proposed patient's lack of capacity or
500500 inability to make or understand treatment decisions that will
501501 likely result in the deterioration of the proposed patient's mental
502502 or physical condition.
503503 SECTION 12. Section 574.064(a-1), Health and Safety Code,
504504 is amended to read as follows:
505505 (a-1) A physician shall evaluate the patient as soon as
506506 possible within 24 hours after the time detention begins to
507507 determine whether the patient, due to mental illness, presents a
508508 substantial risk of serious harm to the patient or others so that
509509 the patient cannot be at liberty pending the probable cause hearing
510510 under Subsection (b). The determination that the patient presents
511511 a substantial risk of serious harm to the patient or others may be
512512 demonstrated by:
513513 (1) the patient's behavior; or
514514 (2) evidence of severe emotional distress and
515515 deterioration in the patient's mental condition, including the
516516 patient's inability to recognize symptoms or appreciate the risks
517517 and benefits of treatment, to the extent that the patient cannot
518518 live safely in the community.
519519 SECTION 13. Chapter 573, Health and Safety Code, as amended
520520 by this Act, applies only to an emergency detention that begins on
521521 or after the effective date of this Act. An emergency detention
522522 that begins before the effective date of this Act is governed by the
523523 law as it existed immediately before the effective date of this Act,
524524 and that law is continued in effect for that purpose.
525525 SECTION 14. Chapter 574, Health and Safety Code, as amended
526526 by this Act, applies only to an application or proceeding for
527527 court-ordered mental health services submitted or that occurs on or
528528 after the effective date of this Act, regardless of when an offense
529529 with which the defendant is charged was committed.
530530 SECTION 15. This Act takes effect September 1, 2025.
531531
532532
533533
534534 YES NO UNKNOWN NOTES
535535
536536
537537
538538 Harm to self
539539
540540
541541
542542 or stating an
543543
544544
545545
546546 intention to
547547
548548
549549
550550 harm self?
551551
552552
553553
554554 Previous
555555
556556
557557
558558 attempt to
559559
560560
561561
562562 commit
563563
564564
565565
566566 suicide?
567567
568568
569569
570570 Harm to
571571
572572
573573
574574 others or
575575
576576
577577
578578 stating an
579579
580580
581581
582582 intention to
583583
584584
585585
586586 harm others?
587587
588588
589589
590590 Previous
591591
592592
593593
594594 serious harm
595595
596596
597597
598598 or injury to
599599
600600
601601
602602 others?
603603
604604
605605
606606 Previous
607607
608608
609609
610610 psychiatric
611611
612612
613613
614614 hospital
615615
616616
617617
618618 treatment?
619619
620620
621621
622622 Reported
623623
624624
625625
626626 mental health
627627
628628
629629
630630 diagnosis?
631631
632632
633633
634634 Prescribed
635635
636636
637637
638638 psychiatric
639639
640640
641641
642642 medications?
643643
644644
645645
646646 Current
647647
648648
649649
650650 psychiatric
651651
652652
653653
654654 medications
655655
656656
657657
658658 taken?
659659
660660
661661
662662 Sleeping
663663
664664
665665
666666 difficulty?
667667
668668
669669
670670 Substance use
671671
672672
673673
674674 disorder?
675675
676676
677677
678678 YES NO UNKNOWN NOTES
679679
680680
681681
682682 Possession of
683683
684684
685685
686686 firearm at
687687
688688
689689
690690 time of
691691
692692
693693
694694 contact?
695695
696696
697697
698698 If yes, was
699699
700700
701701
702702 firearm
703703
704704
705705
706706 seized in
707707
708708
709709
710710 accordance
711711
712712
713713
714714 with Article
715715
716716
717717
718718 18.191, Code
719719
720720
721721
722722 of Criminal
723723
724724
725725
726726 Procedure?