1 | 1 | | By: Parker S.B. No. 2487 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to procedures for and certain facilities providing crisis |
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9 | 9 | | and mental health services. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subchapter C, Chapter 573, Health and Safety |
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12 | 12 | | Code, is amended by adding Section 573.020 to read as follows: |
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13 | 13 | | Sec. 573.020. INITIAL EXAMINATION. (a) A licensed mental |
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14 | 14 | | health professional shall immediately examine a person who arrives |
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15 | 15 | | at a facility if: |
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16 | 16 | | (1) an application for detention has been filed for |
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17 | 17 | | the person; or |
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18 | 18 | | (2) a peace officer or emergency medical services |
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19 | 19 | | personnel of an emergency medical services provider transporting |
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20 | 20 | | the person in accordance with a memorandum of understanding |
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21 | 21 | | executed under Section 573.005 files a notification of detention |
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22 | 22 | | completed by the peace officer under Section 573.002(a). |
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23 | 23 | | (b) The facility may detain the person if: |
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24 | 24 | | (1) the person has rejected voluntary mental health |
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25 | 25 | | services; and |
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26 | 26 | | (2) as a result of the initial examination conducted |
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27 | 27 | | under this section and materials provided for the application for |
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28 | 28 | | detention or notification of detention under Subsection (a)(1) or |
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29 | 29 | | (2), as applicable, the mental health professional has a reasonable |
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30 | 30 | | cause to believe and does believe that: |
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31 | 31 | | (A) the person is a person with mental illness; |
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32 | 32 | | and |
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33 | 33 | | (B) because of that mental illness there is a |
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34 | 34 | | substantial risk of serious harm to the person or to others unless |
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35 | 35 | | the person is immediately restrained. |
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36 | 36 | | SECTION 2. Sections 573.021(a) and (c), Health and Safety |
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37 | 37 | | Code, are amended to read as follows: |
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38 | 38 | | (a) Following an initial examination under Section 573.020, |
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39 | 39 | | a [A] facility shall temporarily accept a person for whom an |
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40 | 40 | | application for detention is filed or for whom a peace officer or |
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41 | 41 | | emergency medical services personnel of an emergency medical |
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42 | 42 | | services provider transporting the person in accordance with a |
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43 | 43 | | memorandum of understanding executed under Section 573.005 files a |
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44 | 44 | | notification of detention completed by the peace officer under |
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45 | 45 | | Section 573.002(a). |
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46 | 46 | | (c) A physician shall examine the person accepted for a |
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47 | 47 | | preliminary examination as soon as possible within 24 [12] hours |
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48 | 48 | | after the time the person is apprehended by the peace officer or |
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49 | 49 | | transported for emergency detention by the person's guardian. |
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50 | 50 | | SECTION 3. Section 573.023, Health and Safety Code, is |
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51 | 51 | | amended by amending Subsection (a) and adding Subsection (a-1) to |
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52 | 52 | | read as follows: |
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53 | 53 | | (a) A person apprehended by a peace officer or transported |
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54 | 54 | | for emergency detention under Subchapter A or detained under |
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55 | 55 | | Subchapter B shall be released on completion of: |
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56 | 56 | | (1) the initial examination, unless the person is |
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57 | 57 | | detained under Section 573.020(b); or |
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58 | 58 | | (2) the preliminary examination, unless the person is |
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59 | 59 | | admitted to a facility under Section 573.022. |
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60 | 60 | | (a-1) On a person's release from a facility under Subsection |
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61 | 61 | | (a), the person must be provided information regarding available |
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62 | 62 | | outpatient or community-based mental health treatment services. |
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63 | 63 | | SECTION 4. Subtitle C, Title 7, Health and Safety Code, is |
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64 | 64 | | amended by adding Chapter 580 to read as follows: |
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65 | 65 | | CHAPTER 580. CRISIS SERVICE CENTERS |
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66 | 66 | | Sec. 580.001. DEFINITIONS. In this chapter: |
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67 | 67 | | (1) "Commission" means the Health and Human Services |
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68 | 68 | | Commission. |
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69 | 69 | | (2) "Continuum of care program" means a program by the |
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70 | 70 | | United States Department of Housing and Urban Development to assist |
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71 | 71 | | individuals experiencing homelessness and provide the services |
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72 | 72 | | needed to help those individuals move into transitional and |
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73 | 73 | | permanent housing, with the goal of long-term stability. |
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74 | 74 | | Sec. 580.002. APPLICABILITY. This chapter applies only to |
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75 | 75 | | a county with a population of more than 1.2 million. |
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76 | 76 | | Sec. 580.003. ESTABLISHMENT OF CRISIS SERVICE CENTERS. (a) |
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77 | 77 | | A county to which this chapter applies shall establish a crisis |
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78 | 78 | | service center to provide comprehensive crisis and mental health |
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79 | 79 | | services, including: |
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80 | 80 | | (1) crisis intervention and stabilization services 24 |
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81 | 81 | | hours a day, seven days a week; |
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82 | 82 | | (2) short-term residential care; |
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83 | 83 | | (3) medical detoxification; |
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84 | 84 | | (4) care coordination services for individuals who |
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85 | 85 | | would benefit from ongoing treatment, housing, or other community |
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86 | 86 | | resources after being released from a crisis service center; |
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87 | 87 | | (5) specialized services for an individual |
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88 | 88 | | experiencing homelessness, consistent with an integrated continuum |
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89 | 89 | | of care system, including coordination with emergency shelters, |
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90 | 90 | | rapid re-housing programs, and permanent supportive housing units; |
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91 | 91 | | and |
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92 | 92 | | (6) as described by Subsection (d), crisis follow-up |
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93 | 93 | | services. |
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94 | 94 | | (b) A crisis service center shall employ licensed mental |
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95 | 95 | | health professionals, including individuals authorized to provide |
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96 | 96 | | mental health services to individuals transported to the center for |
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97 | 97 | | involuntary commitment under Chapters 573 and 574. |
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98 | 98 | | (c) A crisis service center shall ensure coordination with |
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99 | 99 | | law enforcement agencies to prioritize transporting individuals |
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100 | 100 | | experiencing a crisis to a crisis service center instead of a more |
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101 | 101 | | restrictive setting, as appropriate. |
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102 | 102 | | (d) Not later than 72 hours after the crisis service |
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103 | 103 | | center's initial intervention, the crisis service center shall |
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104 | 104 | | provide crisis follow-up services, which must include a |
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105 | 105 | | reassessment of risk, safety planning, and connecting the |
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106 | 106 | | individual to mental health and housing services. |
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107 | 107 | | (e) The commission shall provide assistance to a county to |
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108 | 108 | | establish and operate a crisis service center under this chapter. |
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109 | 109 | | (f) A county may coordinate with the Texas Facilities |
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110 | 110 | | Commission concerning land or facilities available for |
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111 | 111 | | establishing a crisis service center. |
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112 | 112 | | Sec. 580.004. HOMELESSNESS SERVICES COORDINATION. A county |
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113 | 113 | | shall ensure that an individual who contacts or receives treatment |
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114 | 114 | | from a crisis service center is provided access to ongoing care |
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115 | 115 | | through collaboration with homelessness service providers and a |
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116 | 116 | | continuum of care program. The collaboration must include: |
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117 | 117 | | (1) coordination with available housing services for |
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118 | 118 | | individuals after leaving the crisis service center's care; |
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119 | 119 | | (2) implementation of a coordinated intake process |
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120 | 120 | | enabling individuals experiencing homelessness to access |
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121 | 121 | | homelessness services and housing support through the crisis |
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122 | 122 | | service center; and |
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123 | 123 | | (3) case management and housing navigation assistance |
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124 | 124 | | services to connect and refer individuals experiencing |
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125 | 125 | | homelessness to available long-term support services. |
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126 | 126 | | Sec. 580.005. FUNDING. (a) The commission may solicit and |
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127 | 127 | | accept gifts, grants, and donations from any source to support |
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128 | 128 | | counties establishing and operating a crisis service center under |
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129 | 129 | | this chapter. |
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130 | 130 | | (b) To qualify for funding from the commission, a county |
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131 | 131 | | must submit a comprehensive plan for a crisis service center to the |
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132 | 132 | | commission describing how the crisis service center will meet the |
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133 | 133 | | requirements established under Sections 580.003 and 580.004. |
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134 | 134 | | Sec. 580.006. REPORTS. A county shall prepare and submit to |
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135 | 135 | | the commission and the Texas Department of Housing and Community |
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136 | 136 | | Affairs quarterly reports: |
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137 | 137 | | (1) covering the outcomes of individuals who received |
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138 | 138 | | services from a crisis service center in the county; |
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139 | 139 | | (2) providing information related to the results of |
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140 | 140 | | operating a crisis service center in the county, including any |
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141 | 141 | | reductions in homelessness or other county-wide effects; |
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142 | 142 | | (3) evaluating the provision of related services in |
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143 | 143 | | the county, including the stability of available housing services; |
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144 | 144 | | and |
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145 | 145 | | (4) detailing any recommendations for legislative or |
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146 | 146 | | other action. |
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147 | 147 | | Sec. 580.007. CRISIS SERVICE CENTER ADVISORY BOARD. (a) |
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148 | 148 | | The crisis service center advisory board is established to advise |
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149 | 149 | | the commission and counties and make recommendations regarding |
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150 | 150 | | implementing and operating a crisis service center under this |
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151 | 151 | | chapter. |
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152 | 152 | | (b) The advisory board is composed of the following |
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153 | 153 | | individuals appointed by the governor: |
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154 | 154 | | (1) mental health professionals; |
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155 | 155 | | (2) representatives of a homelessness service |
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156 | 156 | | provider; |
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157 | 157 | | (3) representatives of a law enforcement agency; |
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158 | 158 | | (4) county officials; |
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159 | 159 | | (5) representatives of a continuum of care program; |
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160 | 160 | | and |
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161 | 161 | | (6) representatives of the commission. |
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162 | 162 | | SECTION 5. The changes in law made by this Act to Chapter |
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163 | 163 | | 573, Health and Safety Code, apply to an emergency detention that |
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164 | 164 | | begins on or after the effective date of this Act. An emergency |
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165 | 165 | | detention that begins before the effective date of this Act is |
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166 | 166 | | governed by the law as it existed immediately before that date, and |
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167 | 167 | | that law is continued in effect for that purpose. |
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168 | 168 | | SECTION 6. (a) Not later than September 1, 2028, a county |
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169 | 169 | | to which Chapter 580, Health and Safety Code, as added by this Act, |
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170 | 170 | | applies shall establish a crisis service center as required by |
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171 | 171 | | Section 580.003, Health and Safety Code, as added by this Act. |
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172 | 172 | | (b) Not later than January 1, 2029, a county to which |
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173 | 173 | | Chapter 580, Health and Safety Code, as added by this Act, applies |
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174 | 174 | | shall provide the initial report required by Section 580.006, |
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175 | 175 | | Health and Safety Code, as added by this Act. |
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176 | 176 | | SECTION 7. This Act takes effect September 1, 2025. |
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