Health and Safety Code
CHAPTER 573. EMERGENCY DETENTION
SUBCHAPTER A. APPREHENSION BY PEACE OFFICER
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 facility deemed suitable by the county's 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.
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.
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) 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 facility deemed suitable by the county's 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, Sec. 1, eff. Sept. 1,
1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec.
5.19, eff. Sept. 1, 1991.
Amended by Acts 1995, 74th Leg., ch. 243, Sec. 3, eff. Aug. 28,
1995.
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 24 hours after the time
the person is presented to the facility unless a written order
for further detention is obtained. 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.
(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.
Sec. 573.022. Emergency Admission and Detention.
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).
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,
1991.
Sec. 573.023. Release from Emergency Detention.
(a) A person apprehended 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.
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 under Subchapter A,
arrangements must be made to immediately transport the person.
If the person was 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.
Sec. 573.025. Rights of Persons Apprehended or Detained.
(a) A person apprehended or detained 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; and
(5) to be advised that communications with a mental health
professional may be used in proceedings for further detention.
(b) A person apprehended or detained 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