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, transportation, or detention 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. It specifies that a physician may detain a person for up to four hours if they believe the individual poses a substantial risk of harm due to mental illness. The bill also includes provisions to protect physicians and facilities from civil or criminal liability when acting in good faith under this policy. The changes are set to take effect on September 1, 2025.

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