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 the requirement for peace officers to transport apprehended individuals 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 mandating 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 accept individuals for whom a detention application is filed and outline the conditions under which a person may be detained for a preliminary examination. The bill also clarifies the transfer process for individuals admitted for emergency detention, allowing peace officers to transport them without a court order under certain conditions, and provides civil liability immunity for treating physicians or hospital administrators who recommend transfers 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)