Bill Text: TX HB2506 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to procedures applicable to the emergency detention of a person with mental illness at a mental health facility, including the detention, transportation, and transfer of the person and to certain best practices for courts with jurisdiction over emergency mental health matters.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-10 - Committee report sent to Calendars [HB2506 Detail]
Download: Texas-2023-HB2506-Comm_Sub.html
88R14766 EAS-F | |||
By: Jetton | H.B. No. 2506 | ||
Substitute the following for H.B. No. 2506: | |||
By: Klick | C.S.H.B. No. 2506 |
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relating to procedures applicable to the emergency detention of a | ||
person with mental illness at a mental health facility, including | ||
the detention, transportation, and transfer of the person and to | ||
certain best practices for courts with jurisdiction over emergency | ||
mental health matters. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 571.003(9) and (12), Health and Safety | ||
Code, are amended to read as follows: | ||
(9) "Inpatient mental health facility" means a mental | ||
health facility that can provide 24-hour residential and | ||
psychiatric services and that is: | ||
(A) a facility operated by the department; | ||
(B) a private mental hospital licensed by the | ||
department; | ||
(C) a community center, facility operated by or | ||
under contract with a community center or other entity the | ||
department designates to provide mental health services; | ||
(D) a local mental health authority or a facility | ||
operated by or under contract with a local mental health authority; | ||
(E) a mental health or psychiatric unit of [ |
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treatment, and care for persons with mental illness is provided and | ||
that is licensed by the department; or | ||
(F) a hospital operated by a federal agency. | ||
(12) "Mental health facility" means: | ||
(A) an inpatient or outpatient mental health | ||
facility operated by the department, a federal agency, a political | ||
subdivision, or any person; | ||
(B) a community center or a facility operated by | ||
a community center; | ||
(C) a mental health or psychiatric unit [ |
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treatment, and care for persons with mental illness is provided; or | ||
(D) with respect to a reciprocal agreement | ||
entered into under Section 571.0081, any hospital or facility | ||
designated as a place of commitment by the department, a local | ||
mental health authority, and the contracting state or local | ||
authority. | ||
SECTION 2. Section 573.001, Health and Safety Code, is | ||
amended by amending Subsections (d) and (g) and adding Subsection | ||
(d-1) to read as follows: | ||
(d) Except as provided by Subsection (d-1), a [ |
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officer who takes a person into custody under Subsection (a) shall | ||
immediately: | ||
(1) transport the apprehended person to[ |
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[ |
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health facility; or | ||
[ |
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(2) transfer the apprehended person to emergency | ||
medical services personnel of an emergency medical services | ||
provider in accordance with a memorandum of understanding executed | ||
under Section 573.005 for transport to a facility described by | ||
Subdivision (1) [ |
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(d-1) Subsection (d) does not apply to a peace officer who | ||
takes into custody under Subsection (a) a person who requires | ||
stabilization due to an emergency medical condition. | ||
(g) A peace officer who takes a person into custody under | ||
Subsection (a) shall immediately inform the person orally in | ||
simple, nontechnical terms: | ||
(1) of the reason for the detention; [ |
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(2) of the warning described by Section 2(a), Article | ||
38.22, Code of Criminal Procedure; and | ||
(3) that a staff member of the facility will inform the | ||
person of the person's rights at [ |
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the person is admitted to a facility and before questioning, | ||
assessing, or examining the person, as provided by Section | ||
573.025(b). | ||
SECTION 3. Section 573.002, Health and Safety Code, is | ||
amended by adding Subsection (f) to read as follows: | ||
(f) If a person who has been detained under Section 573.001 | ||
and transported to a facility under this section subsequently is | ||
transported to a mental health facility as authorized by Section | ||
573.022(d), a copy of the notification of detention form filed | ||
under Subsection (a) must accompany the detained person to the | ||
mental health facility. | ||
SECTION 4. Section 573.012, Health and Safety Code, is | ||
amended by adding Subsection (j) to read as follows: | ||
(j) A judge or magistrate is not prohibited from issuing a | ||
warrant under this section for a person for whom a previous warrant | ||
was issued under this section unless the person was detained | ||
pursuant to the previously issued warrant for a preliminary | ||
examination under Section 573.021 for a period that exceeded the | ||
maximum custodial period permitted under that section. | ||
SECTION 5. Subchapter B, Chapter 573, Health and Safety | ||
Code, is amended by adding Section 573.013 to read as follows: | ||
Sec. 573.013. JUDICIAL BEST PRACTICES AND PROCEDURES. The | ||
Office of Court Administration of the Texas Judicial System shall | ||
develop and provide to each court in the state with jurisdiction to | ||
hear emergency mental health matters under this chapter best | ||
practices and procedures for ensuring that a judge or magistrate is | ||
available 24 hours a day, seven days a week to respond to | ||
applications for emergency detention under Section 573.012(h). | ||
SECTION 6. Section 573.021, Health and Safety Code, is | ||
amended by amending Subsections (a), (b), and (d) and adding | ||
Subsection (a-1) to read as follows: | ||
(a) A mental health facility shall temporarily accept a | ||
person for whom an application for detention is filed or for whom a | ||
peace officer or emergency medical services personnel of an | ||
emergency medical services provider transporting the person in | ||
accordance with a memorandum of understanding executed under | ||
Section 573.005 files a notification of detention completed by the | ||
peace officer under Section 573.002(a). | ||
(a-1) A general hospital may temporarily accept and detain a | ||
person for whom a warrant under Section 573.012 is issued or for | ||
whom a peace officer or emergency medical services personnel of an | ||
emergency medical services provider transporting the person in | ||
accordance with a memorandum of understanding executed under | ||
Section 573.005 files a notification of detention completed by the | ||
peace officer under Section 573.002(a). | ||
(b) A person accepted for a preliminary examination may be | ||
detained in custody for not longer than 48 hours after the time the | ||
person is presented to the mental health facility unless a written | ||
order for protective custody is obtained. The 48-hour period | ||
allowed by this section includes any time the patient spends | ||
waiting in the mental health facility for medical care before the | ||
person receives the preliminary examination. If the 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 48-hour | ||
period ends at a different time, the person may be detained only | ||
until 4 p.m. on the day the 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. | ||
(d) A mental health facility must comply with this section | ||
only to the extent that the commissioner determines that a mental | ||
health facility has sufficient resources to perform the necessary | ||
services under this section. | ||
SECTION 7. Section 573.022, Health and Safety Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) A local mental health authority that determines a person | ||
detained under Section 573.002 should be transported to an | ||
appropriate mental health facility before the expiration of the | ||
period for emergency detention described by Section 573.021(b) may | ||
submit a request for a peace officer to provide transportation. On | ||
a peace officer's receipt of notice of the request from the | ||
officer's supervisor, the peace officer immediately shall | ||
transport the detained person to the appropriate mental health | ||
facility. A copy of the notification of emergency detention for the | ||
detained person filed under Section 573.002(a) must accompany the | ||
detained person to the receiving facility. The receiving facility | ||
may not require any form other than the copy of the peace officer's | ||
notification of detention as a predicate to accepting a person for | ||
emergency detention. | ||
SECTION 8. Section 573.025(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) A person apprehended, detained, or transported for | ||
emergency detention under this subtitle shall be informed of the | ||
rights provided by this section and this subtitle: | ||
(1) orally in simple, nontechnical terms, at [ |
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before the person is questioned, assessed, or examined, and in | ||
writing in the person's primary language if possible; or | ||
(2) through the use of a means reasonably calculated | ||
to communicate with a hearing or visually impaired person, if | ||
applicable. | ||
SECTION 9. The changes in law made by this Act apply to an | ||
emergency detention under Chapter 573, Health and Safety Code, that | ||
begins on or after the effective date of this Act. An emergency | ||
detention under Chapter 573, Health and Safety Code, 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 10. As soon as practicable after the effective date | ||
of this Act, the Office of Court Administration of the Texas | ||
Judicial System shall develop the best practices and procedures as | ||
required by Section 573.013, Health and Safety Code, as added by | ||
this Act. | ||
SECTION 11. This Act takes effect September 1, 2023. |