S.B. No. 359

	AN ACT
	relating to the authority of a peace officer to apprehend a person
	for emergency detention and the authority of certain facilities and
	physicians to temporarily detain a person with mental illness.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Subchapter A, Chapter 573, Health
	and Safety Code, is amended to read as follows:
	SUBCHAPTER A.  APPREHENSION, [BY PEACE OFFICER OR] TRANSPORTATION,
	OR DETENTION WITHOUT JUDGE'S OR MAGISTRATE'S ORDER [FOR EMERGENCY
	DETENTION BY GUARDIAN]
	SECTION 2.  Section 573.001, Health and Safety Code, is
	amended by adding Subsection (i) to read as follows:
	(i)  A peace officer may take a person who has been admitted
	to a facility into custody under this section.  For purposes of this
	subsection, "facility" has the meaning assigned by Section 573.005.
	SECTION 3.  Subchapter A, Chapter 573, Health and Safety
	Code, is amended by adding Section 573.005 to read as follows:
	Sec. 573.005.  TEMPORARY DETENTION IN CERTAIN FACILITIES.
	(a)  In this section, "facility" means:
	(1)  an inpatient mental health facility other than a
	community center, a facility operated by or under contract with a
	community center, an entity that the department designates to
	provide mental health services, a local mental health authority, or
	a facility operated by or under contract with a local mental health
	authority, unless the facility is licensed under Chapter 577;
	(2)  a hospital, or the emergency department of a
	hospital, licensed under Chapter 241; and
	(3)  a freestanding emergency medical care facility
	licensed under Chapter 254.
	(b)  The governing body of a facility may adopt and implement
	a written policy that provides for the facility or a physician at
	the facility to detain a person who voluntarily requested treatment
	from the facility or who lacks the capacity to consent to treatment,
	as provided by this section, if:
	(1)  the person expresses a desire to leave the
	facility or attempts to leave the facility before the examination
	or treatment is completed; and
	(2)  a physician at the facility:
	(A)  has reason to believe and does believe that:
	(i)  the person has a mental illness; and
	(ii)  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
	(B)  believes that there is not sufficient time to
	file an application for emergency detention or for an order of
	protective custody.
	(c)  A policy adopted and implemented by a facility under
	this section may not allow the facility or a physician at the
	facility to detain a person who has been transported to the facility
	for emergency detention under this chapter.
	(d)  A policy adopted and implemented by a facility under
	this section must require:
	(1)  the facility staff or the physician who intends to
	detain the person under the policy to notify the person of that
	intention;
	(2)  a physician to document a decision by the facility
	or the physician to detain a person under the policy and to place a
	notice of detention in the person's medical record that contains
	the same information as required in a peace officer's notification
	of detention under Section 573.002; and
	(3)  the period of a person's detention under the policy
	to be less than four hours following the time the person first
	expressed a desire to leave, or attempted to leave, the facility,
	and the facility or physician to release the person not later than
	the end of the four-hour period unless the facility staff or
	physician arranges for a peace officer to take the person into
	custody under Section 573.001 or an order of protective custody is
	issued.
	(e)  Detention of a person under a policy adopted and
	implemented by a facility under this section is not considered
	involuntary psychiatric hospitalization for purposes of Section
	411.172(e), Government Code.
	(f)  A physician, person, or facility that detains or does
	not detain a person under a policy adopted and implemented by a
	facility under this section and that acts in good faith and without
	malice is not civilly or criminally liable for that action.
	(g)  A facility is not civilly or criminally liable for its
	governing body's decision to adopt or not to adopt a policy under
	this section.
	SECTION 4.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 359 passed the Senate on
	April 9, 2015, by the following vote: Yeas 28, Nays 3; and that
	the Senate concurred in House amendment on May 19, 2015, by the
	following vote: Yeas 27, Nays 4.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 359 passed the House, with
	amendment, on May 13, 2015, by the following vote: Yeas 128,
	Nays 12, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor