HB2405 - Relating to the emergency detention of a person with mental illness at a mental health facility and certain best practices for courts with jurisdiction over emergency mental health matters.

  89R5889 EAS-D     By: Reynolds H.B. No. 2405       A BILL TO BE ENTITLED   AN ACT   relating to the emergency detention of a person with mental illness   at a mental health facility and 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.  Section 573.001(d), Health and Safety Code, is   amended to read as follows:          (d)  A peace officer who takes a person into custody under   Subsection (a) shall immediately[ :                [ (1) ]  transport the apprehended person to:                 (1)  [ (A) ]  the nearest appropriate inpatient mental   health facility within 100 miles of the location where the person   was apprehended ; or                 (2)     the nearest hospital emergency department, if the   person is in need of emergency medical care  [ (B)   a mental health   facility deemed suitable by the local mental health authority, if   an appropriate inpatient mental health facility is not available;   or                [ (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)(A) or (B) ].          SECTION 2.  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 this state with jurisdiction to   hear emergency mental health matters under this chapter best   practices and procedures for ensuring 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 3.  Sections 573.021(a), (b), and (d), Health and   Safety Code, are amended 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).          (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 4.  Section 573.022, Health and Safety Code, is   amended by amending Subsection (c) and adding Subsections (d) and   (e) to read as follows:          (c)  A facility that has admitted a person for emergency   detention under Subsection (a) or to which a person has been   transported under Subsection (b) may transfer the person to an   appropriate mental hospital with the written consent of the   treating physician or  hospital administrator.           (d)     A peace officer may transport a person approved for   transfer under Subsection (c) without a court order if the person is   subject to an unexpired notification of detention filed under   Section 573.002.   A copy of the notification must accompany the   person to the receiving facility.   This subsection applies only in a   county with a population of 550,000 or more that is adjacent to a   county with a population of 3.3 million or more.           (e)     A treating physician or hospital administrator who   recommends the transfer of a person under Subsection (c) to a more   appropriate mental hospital is immune from civil liability if the   recommendation is based on a reasonable and prudent medical   decision to ensure care for the person.          SECTION 5.  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 6.  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 7.  This Act takes effect September 1, 2025.