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 broadened to include severe emotional distress, deterioration in mental condition, and an inability to recognize symptoms or appreciate treatment risks. Additionally, peace officers are required to file a notification of emergency detention with the facility immediately after transporting the individual, detailing the reasons for detention and the observed behaviors that led to the decision.

The bill also introduces new requirements for the notification form used by peace officers, ensuring it captures essential information about the detained individual and the circumstances of their detention. 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 individual. Furthermore, guardians of individuals over 18 are permitted to transport their wards to mental health facilities under similar conditions. Key changes include the requirement for a physician's written statement confirming that a person with mental illness presents a substantial risk of serious harm, evidences severe emotional distress, and has an inability to recognize symptoms or appreciate treatment risks. The bill emphasizes the need for a comprehensive evaluation of patients within 24 hours of detention and repeals outdated sections of the Health and Safety Code, with the amended provisions applying only to cases initiated after the effective date of the Act on September 1, 2025.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)