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A BILL TO BE ENTITLED
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AN ACT
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relating to preliminary examination periods for mental health |
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protective custody. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 573.021(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) A person accepted for a preliminary examination may be |
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detained in custody for not longer than 120 [48] hours after the |
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time the person is presented to the facility unless a written order |
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for protective custody is obtained. The 120-hour [48-hour] period |
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allowed by this section includes any time the patient spends |
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waiting in the facility for medical care before the person receives |
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the preliminary examination. If the 120-hour [48-hour] period ends |
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on a Saturday, Sunday, legal holiday, or before 4 p.m. on the first |
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succeeding business day, the person may be detained until 4 p.m. on |
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the first succeeding business day. If the 120-hour [48-hour] |
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period ends at a different time, the person may be detained only |
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until 4 p.m. on the day the 120-hour [48-hour] period ends. If |
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extremely hazardous weather conditions exist or a disaster occurs, |
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the presiding judge or magistrate may, by written order made each |
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day, extend by an additional 24 hours the period during which the |
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person may be detained. The written order must declare that an |
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emergency exists because of the weather or the occurrence of a |
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disaster. |
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SECTION 2. The change in law made by this Act to Section |
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573.021, Health and Safety Code, applies to an emergency detention |
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that begins on or after the effective date of this Act. An emergency |
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detention that begins before the effective date of this Act is |
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governed by the law as it existed immediately before that date, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |