The bill, H.B. No. 1538, amends the Health and Safety Code to enhance the authority of peace officers regarding the emergency detention of individuals with mental illness. It modifies the heading of Subchapter A, Chapter 573, to reflect that apprehension and transportation can occur without a judge's or magistrate's order. Additionally, it introduces a new subsection that allows peace officers to take into custody individuals who have been admitted to specific mental health facilities.

Furthermore, the bill establishes a new section, 573.006, which outlines the conditions under which certain facilities can temporarily detain individuals who voluntarily seek treatment or lack the capacity to consent. The governing body of these facilities may implement policies that allow physicians to detain individuals for a limited time if they express a desire to leave before treatment is completed and if there is a substantial risk of harm due to mental illness. The detention period is capped at four hours, and the bill ensures that such detentions are not classified as involuntary psychiatric hospitalizations. It also provides legal protections for physicians and facilities acting in good faith under these policies. The act is set to take effect on September 1, 2025.

Statutes affected:
Introduced: Health and Safety Code 573.001 (Health and Safety Code 573)