CHAPTER 573. EMERGENCY DETENTION
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
SUBTITLE C. TEXAS MENTAL HEALTH CODE
CHAPTER 573. EMERGENCY DETENTION
SUBCHAPTER A. APPREHENSION BY PEACE OFFICER OR TRANSPORTATION FOR
EMERGENCY DETENTION BY GUARDIAN
Sec. 573.001. APPREHENSION BY PEACE OFFICER WITHOUT WARRANT.
(a) A peace officer, without a warrant, may take a person into
custody if the officer:
(1) has reason to believe and does believe that:
(A) the person is mentally ill; 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.
(b) A substantial risk of serious harm to the person or others
under Subsection (a)(1)(B) may be demonstrated by:
(1) the person's behavior; or
(2) evidence of severe emotional distress and deterioration in
the person's mental condition to the extent that the person
cannot remain at liberty.
(c) The peace officer may form the belief that the person meets
the criteria for apprehension:
(1) from a representation of a credible person; or
(2) on the basis of the conduct of the apprehended person or the
circumstances under which the apprehended person is found.
(d) A peace officer who takes a person into custody under
Subsection (a) shall immediately transport the apprehended person
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.
(e) A jail or similar detention facility may not be deemed
suitable except in an extreme emergency.
(f) A person detained in a jail or a nonmedical facility shall
be kept separate from any person who is charged with or convicted
of a crime.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 2001, 77th Leg., ch. 367, Sec. 5, eff.
Sept. 1, 2001.
Sec. 573.002. PEACE OFFICER'S APPLICATION FOR DETENTION. (a) A
peace officer shall immediately file an application for detention
after transporting a person to a facility under Section 573.001.
(b) The application for detention must contain:
(1) a statement that the officer has reason to believe and does
believe that the person evidences mental illness;
(2) a statement that the officer has reason to believe and does
believe that the person evidences a substantial risk of serious
harm to himself or others;
(3) a specific description of the risk of harm;
(4) a statement that the officer 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 officer's beliefs are derived from
specific recent behavior, overt acts, attempts, or threats that
were observed by or reliably reported to the officer;
(6) a detailed description of the specific behavior, acts,
attempts, or threats; and
(7) the name and relationship to the apprehended person of any
person who reported or observed the behavior, acts, attempts, or
threats.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 573.003. TRANSPORTATION FOR EMERGENCY DETENTION BY
GUARDIAN. (a) A guardian of the person of a ward who is 18
years of age or older, without the assistance of a peace officer,
may transport the ward to an inpatient mental health facility for
a preliminary examination in accordance with Section 573.021 if
the guardian has reason to believe and does believe that:
(1) the ward is mentally ill; and
(2) because of that mental illness there is a substantial risk
of serious harm to the ward or to others unless the ward is
immediately restrained.
(b) A substantial risk of serious harm to the ward or others
under Subsection (a)(2) may be demonstrated by:
(1) the ward's behavior; or
(2) evidence of severe emotional distress and deterioration in
the ward's mental condition to the extent that the ward cannot
remain at liberty.
Added by Acts 2003, 78th Leg., ch. 692, Sec. 6, eff. Sept. 1,
2003.
Sec. 573.004. GUARDIAN'S APPLICATION FOR EMERGENCY DETENTION.
(a) After transporting a ward to a facility under Section
573.003, a guardian shall immediately file an application for
detention with the facility.
(b) The application for detention must contain:
(1) a statement that the guardian has reason to believe and does
believe that the ward evidences mental illness;
(2) a statement that the guardian has reason to believe and does
believe that the ward evidences a substantial risk of serious
harm to the ward or others;
(3) a specific description of the risk of harm;
(4) a statement that the guardian has reason to believe and does
believe that the risk of harm is imminent unless the ward is
immediately restrained;
(5) a statement that the guardian's beliefs are derived from
specific recent behavior, overt acts, attempts, or threats that
were observed by the guardian; and
(6) a detailed description of the specific behavior, acts,
attempts, or threats.
(c) The guardian shall immediately provide written notice of the
filing of an application under this section to the court that
granted the guardianship.
Added by Acts 2003, 78th Leg., ch. 692, Sec. 6, eff. Sept. 1,
2003.
SUBCHAPTER B. JUDGE'S OR MAGISTRATE'S ORDER FOR EMERGENCY
APPREHENSION AND DETENTION
Sec. 573.011. APPLICATION FOR EMERGENCY DETENTION. (a) An
adult may file a written application for the emergency detention
of another person.
(b) The application must state:
(1) that the applicant has reason to believe and does believe
that the person evidences mental illness;
(2) that the applicant has reason to believe and does believe
that the person evidences a substantial risk of serious harm to
himself or others;
(3) a specific description of the risk of harm;
(4) that the applicant has reason to believe and does believe
that the risk of harm is imminent unless the person is
immediately restrained;
(5) that the applicant's beliefs are derived from specific
recent behavior, overt acts, attempts, or threats;
(6) a detailed description of the specific behavior, acts,
attempts, or threats; and
(7) a detailed description of the applicant's relationship to
the person whose detention is sought.
(c) The application may be accompanied by any relevant
information.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 573.012. ISSUANCE OF WARRANT. (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 Subsection (g), the judge of a
court with 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.
(b) The magistrate shall deny the application unless the
magistrate finds that there is reasonable cause to believe that:
(1) the person evidences mental illness;
(2) the person evidences a substantial risk of serious harm to
himself or others;
(3) the risk of harm is imminent unless the person is
immediately restrained; and
(4) the necessary restraint cannot be accomplished without
emergency detention.
(c) A substantial risk of serious harm to the person or others
under Subsection (b)(2) may be demonstrated by:
(1) the person's behavior; or
(2) evidence of severe emotional distress and deterioration in
the person's mental condition to the extent that the person
cannot remain at liberty.
(d) The magistrate shall issue to an on-duty peace officer a
warrant for the person's immediate apprehension if the magistrate
finds that each criterion under Subsection (b) is satisfied.
(e) A person apprehended under this section 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.
(f) The warrant serves as an application for detention in the
facility. The warrant and a copy of the application for the
warrant shall be immediately transmitted to the facility.
(g) If there is more than one court with probate jurisdiction in
a county, an administrative order regarding presentation of an
application must be jointly issued by all of the judges of those
courts.
(h) A judge or magistrate may permit an applicant who is a
physician to present an application by secure electronic means,
including satellite transmission, closed-circuit television
transmission, or any other method of two-way electronic
communication that:
(1) is secure;
(2) is available to the judge or magistrate; and
(3) provides for a simultaneous, compressed full-motion video
and interactive communication of image and sound between the
judge or magistrate and the applicant.
(i) The judge or magistrate shall provide for a recording of the
presentation of an application under Subsection (h) to be made
and preserved until the patient or proposed patient has been
released or discharged. The patient or proposed patient may
obtain a copy of the recording on payment of a reasonable amount
to cover the costs of reproduction or, if the patient or proposed
patient is indigent, the court shall provide a copy on the
request of the patient or proposed patient without charging a
cost for the copy.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec.
5.19, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 243, Sec. 3,
eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 367, Sec. 6, eff.
Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1145, Sec. 1, eff. September 1, 2007.
SUBCHAPTER C. EMERGENCY DETENTION, RELEASE, AND RIGHTS
Sec. 573.021. PRELIMINARY EXAMINATION. (a) A facility shall
temporarily accept a person for whom an application for detention
is filed.
(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 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 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.
(c) A physician shall examine the person as soon as possible
within 12 hours after the time the person is apprehended by the
peace officer or transported for emergency detention by the
person's guardian.
(d) A facility must comply with this section only to the extent
that the commissioner determines that a facility has sufficient
resources to perform the necessary services under this section.
(e) A person may not be detained in a private mental health
facility without the consent of the facility administrator.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 2001, 77th Leg., ch. 623, Sec. 1, eff. June
11, 2001; Acts 2003, 78th Leg., ch. 692, Sec. 7, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
202, Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
333, Sec. 1, eff. June 19, 2009.
Sec. 573.022. EMERGENCY ADMISSION AND DETENTION. (a) A person
may be admitted to a facility for emergency detention only if the
physician who conducted the preliminary examination of the person
makes a written statement that:
(1) is acceptable to the facility;
(2) states that after a preliminary examination it is the
physician's opinion that:
(A) the person is mentally ill;
(B) the person evidences a substantial risk of serious harm to
himself or others;
(C) the described risk of harm is imminent unless the person is
immediately restrained; and
(D) emergency detention is the least restrictive means by which
the necessary restraint may be accomplished; and
(3) includes:
(A) a description of the nature of the person's mental illness;
(B) a specific description of the risk of harm the person
evidences that may be demonstrated either by the person's
behavior or by evidence of severe emotional distress and
deterioration in the person's mental condition to the extent that
the person cannot remain at liberty; and
(C) the specific detailed information from which the physician
formed the opinion in Subdivision (2).
(b) A mental health facility that has admitted a person for
emergency detention under this section may transport the person
to a mental health facility deemed suitable by the local mental
health authority for the area. On the request of the local mental
health authority, the judge may order that the proposed patient
be detained in a department mental health facility.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1999, 76th Leg., ch. 842, Sec. 1, eff. June
18, 1999; Acts 2001, 77th Leg., ch. 367, Sec. 7, eff. Sept. 1,
2001.
Sec. 573.023. RELEASE FROM EMERGENCY DETENTION. (a) A person
apprehended by a peace officer or transported for emergency
detention under Subchapter A or detained under Subchapter B shall
be released on completion of the preliminary examination unless
the person is admitted to a facility under Section 573.022.
(b) A person admitted to a facility under Section 573.022 shall
be released if the facility administrator determines at any time
during the emergency detention period that one of the criteria
prescribed by Section 573.022(2) no longer applies.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 2003, 78th Leg., ch. 692, Sec. 8, eff.
Sept. 1, 2003.
Sec. 573.024. TRANSPORTATION AFTER RELEASE. (a) Arrangements
shall be made to transport a person who is entitled to release
under Section 573.023 to:
(1) the location of the person's apprehension;
(2) the person's residence in this state; or
(3) another suitable location.
(b) Subsection (a) does not apply to a person who is arrested or
who objects to the transportation.
(c) If the person was apprehended by a peace officer under
Subchapter A, arrangements must be made to immediately transport
the person. If the person was transported for emergency detention
under Subchapter A or detained under Subchapter B, the person is
entitled to reasonably prompt transportation.
(d) The county in which the person was apprehended shall pay the
costs of transporting the person.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 2003, 78th Leg., ch. 692, Sec. 9, eff.
Sept. 1, 2003.
Sec. 573.025. RIGHTS OF PERSONS APPREHENDED, DETAINED, OR
TRANSPORTED FOR EMERGENCY DETENTION. (a) A person apprehended,
detained, or transported for emergency detention under this
chapter has the right:
(1) to be advised of the location of detention, the reasons for
the detention, and the fact that the detention could result in a
longer period of involuntary commitment;
(2) to a reasonable opportunity to communicate with and retain
an attorney;
(3) to be transported to a location as provided by Section
573.024 if the person is not admitted for emergency detention,
unless the person is arrested or objects;
(4) to be released from a facility as provided by Section
573.023;
(5) to be advised that communications with a mental health
professional may be used in proceedings for further detention;
and
(6) to be transported in accordance with Sections 573.026 and
574.045, if the person is detained under Section 573.022 or
transported under an order of protective custody under Section
574.023.
(b) A person apprehended, detained, or transported for emergency
detention under this subtitle shall be informed of the rights
provided by this section:
(1) orally in simple, nontechnical terms, within 24 hours after
the time the person is admitted to a facility, and in writing in
the person's primary language if possible; or
(2) through the use of a means reasonably calculated to
communicate with a hearing or visually impaired person, if
applicable.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1999, 76th Leg., ch. 1512, Sec. 2, eff.
Sept. 1, 1999; Acts 2003, 78th Leg., ch. 692, Sec. 10, eff. Sept.
1, 2003.
Sec. 573.026. TRANSPORTATION AFTER DETENTION. A person being
transported after detention under Section 573.022 shall be
transported in accordance with Section 574.045.
Added by Acts 1999, 76th Leg., ch. 1512, Sec. 3, eff. Sept. 1,
1999.