Bill Text: TX HB2186 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to authority of certain facilities to temporarily detain a person with mental illness.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2013-04-24 - Left pending in committee [HB2186 Detail]

Download: Texas-2013-HB2186-Introduced.html

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83R3239 EES-D
By: Workman H.B. No. 2186

A BILL TO BE ENTITLED
AN ACT
relating to authority of certain facilities to temporarily detain a
person with mental illness.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A, Chapter 573, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER A. APPREHENSION, [BY PEACE OFFICER OR]
TRANSPORTATION, OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER
[FOR EMERGENCY DETENTION BY GUARDIAN]
SECTION 2. Subchapter A, Chapter 573, Health and Safety
Code, is amended by adding Section 573.005 to read as follows:
Sec. 573.005. TEMPORARY DETENTION BY CERTAIN FACILITIES.
(a) In this section, "facility" means:
(1) a mental health facility;
(2) a hospital licensed under Chapter 241; and
(3) a freestanding emergency medical care facility
licensed under Chapter 254.
(b) A facility that is examining or treating a person who
requested treatment from the facility may detain the person as
provided by this section if:
(1) the person expresses a desire to leave the
facility or attempts to leave the facility before the examination
or treatment is completed; and
(2) the facility:
(A) has reason to believe and does believe that:
(i) the person has a mental illness; and
(ii) because of that mental illness there
is a substantial risk of serious harm to the person or to others
unless the person is immediately restrained; and
(B) believes that there is not sufficient time to
file an application for emergency detention or for an order of
protective custody.
(c) The facility shall notify the person if the facility
intends to detain the person under this section.
(d) The facility shall document in writing a decision to
detain a person under this section and the reasons for that
decision.
(e) The period of a person's detention authorized by this
section may not exceed four hours following the time the person
first expressed a desire to leave, or attempted to leave, the
facility. The facility shall release the person before the end of
the four-hour period unless a warrant for emergency detention or an
order of protective custody is issued.
SECTION 3. This Act takes effect September 1, 2013.