84R5652 EES-F
	By: West	S.B. No. 359

	A BILL TO BE ENTITLED
	AN ACT
	relating to the authority of a peace officer to apprehend a person
	for emergency detention and the 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.  Section 573.001, Health and Safety Code, is
	amended by adding Subsection (i) to read as follows:
	(i)  A peace officer may take a person who has been admitted
	to a facility into custody under this section.  For purposes of this
	subsection, "facility" has the meaning assigned by Section 573.005.
	SECTION 3.  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, or the emergency department of a
	hospital, licensed under Chapter 241; and
	(3)  a freestanding emergency medical care facility
	licensed under Chapter 254.
	(b)  This section does not apply to a person who has been
	transported to a facility for emergency detention under this
	chapter.
	(c)  A facility may detain a person who voluntarily requested
	treatment from the facility or who lacks the capacity to consent to
	treatment, 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)  a physician at 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.
	(d)  The facility staff or physician shall notify the person
	if the facility intends to detain the person under this section.
	(e)  The physician shall document a decision to detain a
	person under this section and place that notice of detention in the
	person's medical record. The notice of detention must contain:
	(1)  a statement that the physician has reason to
	believe and does believe that the person evidences mental illness;
	(2)  a statement that the physician has reason to
	believe and does believe that the person evidences a substantial
	risk of serious harm to the person or others;
	(3)  a specific description of the risk of harm;
	(4)  a statement that the physician has reason to
	believe and does believe that the risk of harm is imminent unless
	the person is immediately restrained;
	(5)  a statement that the physician's beliefs are
	derived from specific recent behavior, overt acts, attempts, or
	threats that were observed by or reliably reported to the
	physician; and
	(6)  a detailed description of the specific behavior,
	acts, attempts, or threats.
	(f)  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 not later than the
	end of the four-hour period unless the facility arranges for a peace
	officer to take the person into custody under Section 573.001 or an
	order of protective custody is issued.
	(g)  A physician, person, or facility that detains or fails
	to detain a person under this section and who acts in good faith and
	without malice is not civilly or criminally liable for that action.
	SECTION 4.  This Act takes effect September 1, 2015.