S.B. No. 1164 amends the Health and Safety Code to improve the emergency detention procedures for individuals showing signs of mental illness. The bill allows peace officers to detain individuals without a warrant if they believe the person poses a substantial risk of serious harm to themselves or others due to mental illness. The criteria for assessing this risk have been expanded to include severe emotional distress, deterioration in mental condition, and an inability to recognize symptoms or appreciate the risks and benefits of treatment. Additionally, peace officers are required to file a notification of emergency detention immediately after transporting a person to a facility, detailing the reasons for the detention and the observed behaviors that led to the decision.

The bill also modifies the requirements for guardians transporting wards to mental health facilities, allowing them to act without a peace officer if they believe the ward is at risk of serious harm. It clarifies that peace officers and emergency medical services personnel are not required to remain at the facility during the screening or treatment of the detained person. Key changes include the requirement for a physician's written statement to specify that a person presents a substantial risk of serious harm or has an inability to recognize symptoms or appreciate treatment risks. The bill also introduces provisions for patient evaluation within 24 hours of detention and repeals outdated sections of the Health and Safety Code, with the amended provisions set to take effect on September 1, 2025.

Statutes affected:
Introduced: Health and Safety Code 573.001, Health and Safety Code 573.002, Health and Safety Code 573.003, Health and Safety Code 573.012, Health and Safety Code 573.022, Health and Safety Code 574.001, Health and Safety Code 574.011, Health and Safety Code 574.022, Health and Safety Code 574.034, Health and Safety Code 574.035 (Health and Safety Code 573, Health and Safety Code 574)
Senate Committee Report: Health and Safety Code 573.001, Health and Safety Code 573.002, Health and Safety Code 573.003, Health and Safety Code 573.012, Health and Safety Code 573.022, Health and Safety Code 574.001, Health and Safety Code 574.011, Health and Safety Code 574.034, Health and Safety Code 574.035 (Health and Safety Code 573, Health and Safety Code 574)
Engrossed: Health and Safety Code 573.001, Health and Safety Code 573.002, Health and Safety Code 573.003, Health and Safety Code 573.012, Health and Safety Code 573.022, Health and Safety Code 574.001, Health and Safety Code 574.011, Health and Safety Code 574.034, Health and Safety Code 574.035 (Health and Safety Code 573, Health and Safety Code 574)
House Committee Report: Health and Safety Code 573.001, Health and Safety Code 573.002, Health and Safety Code 573.003, Health and Safety Code 573.012, Health and Safety Code 573.022, Health and Safety Code 574.001, Health and Safety Code 574.011, Health and Safety Code 574.034, Health and Safety Code 574.035 (Health and Safety Code 573, Health and Safety Code 574)
Enrolled: Health and Safety Code 573.001, Health and Safety Code 573.002, Health and Safety Code 573.003, Health and Safety Code 573.012, Health and Safety Code 573.022, Health and Safety Code 574.001, Health and Safety Code 574.011, Health and Safety Code 574.034, Health and Safety Code 574.035 (Health and Safety Code 573, Health and Safety Code 574)