The bill, H.B. No. 1538, seeks to amend the Health and Safety Code regarding the authority of peace officers and certain facilities to detain individuals with mental illness for emergency treatment. It modifies the heading of Subchapter A, Chapter 573, to clarify 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 a physician at a facility can temporarily detain a person who has requested treatment or lacks the capacity to consent. This includes provisions for notifying the individual of the intention to detain, documenting the decision, and ensuring that the detention does not exceed four hours unless further legal action is taken. The bill also provides legal protections for physicians and facilities acting in good faith under these policies, ensuring they are not held civilly or criminally liable for their actions. 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)