bill stretches emergency mental health holds to 120 hours

The text as introduced · 321 words

89R4682 RAL-F

By: Guillen
H.B. No. 1239

A BILL TO BE ENTITLED

AN ACT

relating to preliminary examination periods for mental health

protective custody.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 573.021(b), Health and Safety Code, is

amended to read as follows:

(b) A person accepted for a preliminary examination may be

detained in custody for not longer than 120 [ 48 ] hours after the

time the person is presented to the facility unless a written order

for protective custody is obtained. The 120-hour [ 48-hour ] period

allowed by this section includes any time the patient spends

waiting in the facility for medical care before the person receives

the preliminary examination. If the 120-hour [ 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 120-hour [ 48-hour ]

period ends at a different time, the person may be detained only

until 4 p.m. on the day the 120-hour [ 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.

SECTION 2. The change in law made by this Act to Section

573.021, Health and Safety Code, applies 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 3. This Act takes effect September 1, 2025.