The bill, H.B. No. 2405, aims to enhance the emergency detention process for individuals with mental illness by amending various sections of the Health and Safety Code. Key changes include stipulating that a peace officer must transport an apprehended person to the nearest appropriate inpatient mental health facility within 100 miles or to a hospital emergency department if emergency medical care is needed. Additionally, the bill introduces a new section requiring the Office of Court Administration to develop best practices for courts handling emergency mental health matters, ensuring judges or magistrates are available 24/7 to respond to emergency detention applications.

Further amendments specify that mental health facilities must temporarily accept individuals for whom a detention application is filed and outline the conditions under which a person can be detained for a preliminary examination. The bill also allows for the transfer of individuals to appropriate mental hospitals with the consent of a treating physician or hospital administrator, and it provides immunity from civil liability for those making transfer recommendations based on prudent medical decisions. The changes will take effect on September 1, 2025, and will apply to emergency detentions initiated on or after that date.

Statutes affected:
Introduced: Health and Safety Code 573.001, Health and Safety Code 573.021, Health and Safety Code 573.022 (Health and Safety Code 573)