Bill Text: TX HB3504 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to an application for emergency detention, procedures regarding court-ordered mental health services, and certain rights of patients admitted to private mental hospitals and certain other mental health facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-04-26 - Referred to Criminal Justice [HB3504 Detail]
Download: Texas-2023-HB3504-Engrossed.html
By: Leach | H.B. No. 3504 |
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relating to an application for emergency detention, procedures | ||
regarding court-ordered mental health services, and certain rights | ||
of patients admitted to private mental hospitals and certain other | ||
mental health facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 571.003, Health and Safety Code, is | ||
amended by adding Subdivision (20-a) to read as follows: | ||
(20-a) "Psychiatrist" means a physician who is: | ||
(A) certified by the American Board of Psychiatry | ||
and Neurology or the American Osteopathic Board of Neurology and | ||
Psychiatry; | ||
(B) eligible for board certification as a | ||
psychiatrist; or | ||
(C) enrolled in a graduate medical education | ||
training program and is under the supervision of a psychiatrist who | ||
is board certified or eligible for certification. | ||
SECTION 2. Section 573.001(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) A peace officer, without a warrant, may take a person | ||
into custody, regardless of the age or location of the person, if | ||
the officer: | ||
(1) has reason to believe and does believe that: | ||
(A) the person is a person with mental illness; | ||
and | ||
(B) 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 | ||
(2) believes that there is not sufficient time to | ||
obtain a warrant before taking the person into custody. | ||
SECTION 3. Section 573.012, Health and Safety Code, is | ||
amended by amending Subsection (a), (e), and (h) and adding | ||
Subsection (h-2) to read as follows: | ||
(a) Except as provided by Subsection (h), an applicant for | ||
emergency detention must present the application personally to a | ||
judge or magistrate. The judge or magistrate shall examine the | ||
application and may interview the applicant. Except as provided by | ||
Subsections [ |
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probate jurisdiction by administrative order may provide that the | ||
application must be: | ||
(1) presented personally to the court; or | ||
(2) retained by court staff and presented to another | ||
judge or magistrate as soon as is practicable if the judge of the | ||
court is not available at the time the application is presented. | ||
(e) A person apprehended under this section who is not | ||
physically located in a mental health facility at the time the | ||
warrant is issued under Subsection (h-1) 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. | ||
(h) A judge or magistrate shall [ |
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who is a physician to present an application by: | ||
(1) e-mail with the application attached as a secure | ||
document in a portable document format (PDF); or | ||
(2) another 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 applicant. | ||
(h-2) A facility may detain a person who is physically | ||
located in the facility to perform a preliminary examination in | ||
accordance with Section 573.021 if: | ||
(1) a judge or magistrate transmits a warrant to the | ||
facility under Subsection (h-1) for the detention of the person; | ||
and | ||
(2) the person is not under an order under this chapter | ||
or Chapter 574. | ||
SECTION 4. Section 574.001, Health and Safety Code, is | ||
amended by amending Subsection (b) and adding Subsections (g) and | ||
(h) to read as follows: | ||
(b) Except as provided by Subsection (f), the application | ||
must be filed with the county clerk in the county in which the | ||
proposed patient: | ||
(1) resides; | ||
(2) is located at the time the application is filed [ |
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(3) was apprehended under Chapter 573; or | ||
(4) is receiving mental health services by court order | ||
or under Subchapter A, Chapter 573. | ||
(g) A judge or magistrate shall review an application filed | ||
at any time that the judge or magistrate is on duty, regardless of | ||
whether the application is filed after 5:00 p.m. on a weekday, on a | ||
Saturday or Sunday, or on a state or national holiday. | ||
(h) A court shall allow an application to be filed under | ||
this section in the same manner as any other document filed with the | ||
court, including through the use of an electronic filing system | ||
established under Section 72.031, Government Code, if applicable. | ||
SECTION 5. Subchapter A, Chapter 574, Health and Safety | ||
Code, is amended by adding Section 574.0121 to read as follows: | ||
Sec. 574.0121. CONFLICTING RECOMMENDATIONS REGARDING | ||
COMMITMENT. If the local mental health authority in the county in | ||
which an application is filed does not recommend that a proposed | ||
patient be committed, the authority, as part of the recommendation | ||
required under Section 574.012, must: | ||
(1) include the information required by Sections | ||
574.011(a) and (b); and | ||
(2) identify the criteria for commitment that the | ||
proposed patient does not satisfy and include the facts on which | ||
that determination is based. | ||
SECTION 6. Section 574.021, Health and Safety Code, is | ||
amended by amending Subsection (d) and adding Subsections (d-1) and | ||
(f) to read as follows: | ||
(d) The motion must be accompanied by a certificate of | ||
medical examination for mental illness prepared by a physician who | ||
has examined the proposed patient not earlier than the third day | ||
before the day the motion is filed. The motion is not required to | ||
include a recommendation from a local mental health authority. | ||
(d-1) A court may not consider a recommendation from a local | ||
mental health authority if the authority's recommendation fails to | ||
comply with the requirements of Section 574.012 and, to the extent | ||
applicable, Section 574.0121. | ||
(f) A court shall allow the motion to be filed under this | ||
section in the same manner as any other document filed with the | ||
court, including through the use of an electronic filing system | ||
established under Section 72.031, Government Code, if applicable. | ||
SECTION 7. Section 574.022, Health and Safety Code, is | ||
amended by amending Subsections (a) and (d) and adding Subsection | ||
(f) to read as follows: | ||
(a) The judge or designated magistrate shall [ |
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protective custody order if the judge or magistrate determines: | ||
(1) that a physician has stated the physician's | ||
opinion and the detailed reasons for the physician's opinion that | ||
the proposed patient is a person with mental illness; and | ||
(2) the proposed patient presents a substantial risk | ||
of serious harm to the proposed patient or others if not immediately | ||
restrained pending the hearing. | ||
(d) The judge or magistrate shall set a hearing date and | ||
[ |
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matter cannot be made from consideration of the application and | ||
certificate only. | ||
(f) The judge or magistrate may not deny a motion for a | ||
protective custody order solely on the basis that the proposed | ||
patient was not emergency detained under Chapter 573 at the time | ||
that an application for court-ordered mental health services under | ||
this chapter was filed. | ||
SECTION 8. Section 574.023, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) A protective custody order shall direct a person | ||
authorized to transport patients under Section 574.045 to take the | ||
proposed patient into protective custody and transport the person | ||
immediately to a mental health facility deemed suitable by: | ||
(1) the local mental health authority for the area; or | ||
(2) a physician who completed a certificate of medical | ||
examination under Section 574.009. | ||
(a-1) On request of the local mental health authority, the | ||
judge may order that the proposed patient be detained in an | ||
inpatient mental health facility operated by the department. | ||
SECTION 9. Section 574.025(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) The applicant, the proposed patient, and the proposed | ||
patient's attorney shall have an opportunity at the hearing to | ||
appear and present evidence to support or challenge the allegation | ||
that the proposed patient presents a substantial risk of serious | ||
harm to the proposed patient [ |
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SECTION 10. Section 574.028, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) If [ |
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magistrate or associate judge determines after the hearing under | ||
Section 574.025 that no probable cause exists to believe that the | ||
proposed patient presents a substantial risk of serious harm to the | ||
proposed patient [ |
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judge shall order the release of a person under a protective custody | ||
order. The order must include written findings stating the | ||
specific facts forming the basis for the determination by the | ||
magistrate or associate judge that no probable cause exists. | ||
(a-1) If the magistrate or associate judge after the hearing | ||
under Section 574.025 denies the motion for protective custody on | ||
any fact or conclusion of law other than a finding that no probable | ||
cause exists to believe that the proposed patient presents a | ||
substantial risk of serious harm to the proposed patient or others, | ||
the order must include the findings of fact or conclusions of law on | ||
which the denial is based. | ||
SECTION 11. Section 574.031, Health and Safety Code, is | ||
amended by adding Subsection (d-3) to read as follows: | ||
(d-3) Notwithstanding Subchapter I and without regard to | ||
the proposed patient's physical presence at the hearing, the court | ||
shall allow the competent medical or psychiatric testimony under | ||
Subsection (d-1) to be provided by closed-circuit video | ||
teleconferencing if: | ||
(1) closed-circuit video teleconferencing is | ||
available to the court for that purpose; | ||
(2) the court has good cause to not conduct in-person | ||
testimony, including that conducting the testimony through | ||
closed-circuit video teleconferencing would minimize the | ||
disruption of care to the testifying person's other patients; and | ||
(3) the closed-circuit video teleconferencing system | ||
provides for a simultaneous, compressed full-motion video and | ||
interactive communication of image and sound between all persons | ||
involved in the proceedings. | ||
SECTION 12. Section 574.033(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The court shall enter an order denying an application | ||
for court-ordered temporary or extended mental health services if | ||
after a hearing the court or jury fails to find, from clear and | ||
convincing evidence, that the proposed patient is a person with | ||
mental illness and meets the applicable criteria for court-ordered | ||
mental health services. The order must include written findings of | ||
fact on which the court's order is based. | ||
SECTION 13. Section 577.010, Health and Safety Code, is | ||
amended by adding Subsections (b-1) and (b-2) to read as follows: | ||
(b-1) The rules must specify the rights of patients admitted | ||
for voluntary or involuntary commitment, including the rights | ||
provided by Chapters 572, 573, 574, and 576. | ||
(b-2) The rules must require each mental health facility | ||
licensed under this chapter to: | ||
(1) notify any patient admitted for voluntary or | ||
involuntary commitment of the patient's rights under this subtitle | ||
and under the rules; and | ||
(2) display a poster or other written document of the | ||
rights described by Subdivision (1). | ||
SECTION 14. The changes in law made by this Act to Chapter | ||
573, Health and Safety Code, apply to an emergency detention that | ||
begins on or after the effective date of this Act. An emergency | ||
detention 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 15. The change in law made by this Act to Section | ||
574.001, Health and Safety Code, applies only to an application for | ||
court-ordered mental health services submitted on or after the | ||
effective date of this Act. | ||
SECTION 16. The changes in law made by this Act to Chapter | ||
574, Health and Safety Code, apply only to a proceeding for | ||
court-ordered mental health services that occurs on or after the | ||
effective date of this Act, regardless of when an offense with which | ||
the defendant is charged was committed. | ||
SECTION 17. This Act takes effect September 1, 2023. |