2005 Texas Health & Safety Code CHAPTER 573. EMERGENCY DETENTION

HEALTH & SAFETY CODE

CHAPTER 573. EMERGENCY DETENTION

SUBCHAPTER A. APPREHENSION BY PEACE OFFICER OR TRANSPORTATION FOR 
EMERGENCY DETENTION BY GUARDIAN


	§ 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 2001, 77th Leg., ch. 367, § 5, eff. Sept. 1, 
2001.


	§ 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, § 1, eff. Sept. 1, 1991.            


	§ 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, § 6, eff. Sept. 1, 2003.           


	§ 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, § 6, eff. Sept. 1, 2003.           

SUBCHAPTER B. JUDGE'S OR MAGISTRATE'S ORDER FOR EMERGENCY 
APPREHENSION AND DETENTION


	§ 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, § 1, eff. Sept. 1, 1991.            


	§ 573.012. ISSUANCE OF WARRANT.  (a) 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.

Added by Acts 1991, 72nd Leg., ch. 76, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, § 5.19, eff. 
Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 243, § 3, eff. Aug. 28, 
1995;  Acts 2001, 77th Leg., ch. 367, § 6, eff. Sept. 1, 2001.

SUBCHAPTER C. EMERGENCY DETENTION, RELEASE, AND RIGHTS


	§ 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 24 hours after the time the 
person is presented to the facility unless a written order for 
further detention is obtained.  The 24-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.  The period does not include any time 
during which the person is actually receiving necessary medical 
care in the facility's emergency room or emergency care in another 
area of the facility.  If the 24-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 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 24 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 2001, 77th Leg., ch. 623, § 1, eff. June 11, 
2001;  Acts 2003, 78th Leg., ch. 692, § 7, eff. Sept. 1, 2003.


	§ 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1999, 76th Leg., ch. 842, § 1, eff. June 18, 
1999;  Acts 2001, 77th Leg., ch. 367, § 7, eff. Sept. 1, 2001.


	§ 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 2003, 78th Leg., ch. 692, § 8, eff. Sept. 1, 
2003.


	§ 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 2003, 78th Leg., ch. 692, § 9, eff. Sept. 1, 
2003.


	§ 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, § 1, eff. Sept. 1, 1991.  
Amended by Acts 1999, 76th Leg., ch. 1512, § 2, eff. Sept. 1, 
1999;  Acts 2003, 78th Leg., ch. 692, § 10, eff. Sept. 1, 2003.


	§ 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, § 3, eff. Sept. 1, 1999.