Bill Text: TX HB1254 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the emergency detention of certain persons with a mental illness or cognitive disability; authorizing a fee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-04 - Referred to Public Health [HB1254 Detail]

Download: Texas-2021-HB1254-Introduced.html

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87R2588 EAS-F
By: Shaheen H.B. No. 1254

A BILL TO BE ENTITLED
AN ACT
relating to the emergency detention of certain persons with a
mental illness or cognitive disability; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 573.0001, Health and Safety Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Cognitive disability" means a condition that
places certain limitations on a person's mental functioning or
skills. Cognitive disabilities include autism, Down syndrome,
traumatic brain injury, and dementia.
SECTION 2. Section 573.001, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (i) and
(j) to read as follows:
(a) A peace officer, without a warrant, may take a person
into custody, regardless of the age of the person, if the officer:
(1) has reason to believe and does believe that:
(A) the person is a person with mental illness or
cognitive disability; and
(B) because of that mental illness or cognitive
disability there is a substantial risk of serious harm to the person
or to others unless the person is immediately restrained; and
(2) believes that there is not sufficient time to
obtain a warrant before taking the person into custody.
(i) A peace officer who takes a person into custody under
Subsection (a) because the peace officer believes that the person
is a person with a cognitive disability shall make a good faith
effort to:
(1) use the least restrictive available and
appropriate means of transport; and
(2) include in transporting the person the person's
parent, appointed guardian, managing conservator, or possessory
conservator, as applicable.
(j) A peace officer who transports a person to a facility
under Subsection (d) shall immediately transfer custody of the
person to the facility.
SECTION 3. Section 573.012, Health and Safety Code, is
amended by amending Subsections (b), (d), and (e) and adding
Subsections (d-1), (f-1), (f-2), and (j) to read as follows:
(b) The judge or magistrate shall deny the application
unless the judge or magistrate finds that there is reasonable cause
to believe that:
(1) the person evidences mental illness;
(2) the person evidences a substantial risk of serious
harm to the person [himself] or others;
(3) the risk of harm is imminent unless the person is
immediately restrained; and
(4) the necessary restraint cannot be accomplished
without emergency detention.
(d) The judge or magistrate shall issue to an on-duty peace
officer a warrant for the person's immediate apprehension if the
judge or magistrate finds that each criterion under Subsection (b)
is satisfied. The judge or magistrate shall notify the applicable
law enforcement agency of the warrant by:
(1) e-mail with the warrant attached as a secure
document in a portable document format (PDF); or
(2) secure electronic means, including:
(A) satellite transmission;
(B) closed-circuit television transmission; or
(C) any other method of two-way electronic
communication that:
(i) is secure;
(ii) is available to the judge or
magistrate; and
(iii) provides for a simultaneous,
compressed full-motion video and interactive communication of
image and sound between the judge or magistrate and the agency.
(d-1) A law enforcement agency that receives a warrant
issued under Subsection (d) shall serve the warrant not later than
48 hours after the agency receives the warrant.
(e) Except as provided by Subsection (f-1), a [A] person
apprehended under this section shall be transported for a
preliminary examination in accordance with Section 573.021 to:
(1) the nearest appropriate inpatient mental health
facility; or
(2) a mental health facility deemed suitable by the
local mental health authority, if an appropriate inpatient mental
health facility is not available.
(f-1) If a law enforcement agency has entered into a
memorandum of understanding with a local mental health authority to
use telehealth service, as defined by Section 111.001, Occupations
Code, a peace officer who apprehends a person under this section may
arrange for a physician to conduct a telehealth appointment with
the apprehended person to determine whether emergency detention is
necessary before transporting the person to a facility described by
Subsection (e). If the physician conducting the telehealth
appointment determines that emergency detention is not required,
the peace officer shall release the person.
(f-2) If a peace officer releases an apprehended person
under Subsection (f-1), the peace officer must notify the judge or
magistrate who issued the warrant for apprehension under Subsection
(d) not later than 24 hours after the peace officer released the
person.
(j) A court may not charge a fee in excess of $25 for filing
an application for emergency detention or for issuing a warrant
under this subchapter.
SECTION 4. Section 573.021, Health and Safety Code, is
amended by adding Subsections (c-1), (c-2), and (c-3) to read as
follows:
(c-1) A facility may not discharge a person who has been
accepted for a preliminary examination before the expiration of the
48-hour period allowed by this section unless a:
(1) preliminary examination is completed; or
(2) physician has determined that the person is not a
substantial risk of serious harm to the person or others.
(c-2) If a peace officer is contacted to locate a person who
has left a facility before the earlier of the time a preliminary
exam is completed or the expiration of the 48-hour period allowed by
this section, the peace officer must make a good faith effort to
locate the person.
(c-3) If a peace officer locates a person described by
Subsection (c-2), the peace officer must:
(1) reevaluate whether the person meets the criteria
for apprehension under Section 573.001; and
(2) if the person meets the criteria for apprehension
under that section, transport the person to an appropriate facility
described by Subsection (d)(1) of that section.
SECTION 5. Section 573.024(c), Health and Safety Code, is
amended to read as follows:
(c) If the person was apprehended by a peace officer under
Subchapter A, the facility the person was transported to shall make
arrangements [must be made] to immediately transport the person
under this section. If the person was transported for emergency
detention under Subchapter A or detained under Subchapter B, the
person is entitled to reasonably prompt transportation.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.