H.B. No. 5463 amends various sections of the Health and Safety Code to improve the emergency detention procedures for individuals showing signs of mental illness. The bill introduces new criteria for assessing a substantial risk of serious harm, which now includes an individual's inability to recognize symptoms or understand the risks and benefits of treatment. It also requires peace officers to file a notification of emergency detention when transporting a person to a facility, detailing their beliefs about the individual's mental state and risk of harm, along with specific information regarding the individual's emotional distress and deterioration. Furthermore, the responsibilities of peace officers and emergency medical services personnel during the detention process are clarified, including their right to leave the facility after the individual is taken into custody.

In addition, the bill updates the requirements for physicians conducting preliminary examinations, mandating a detailed written statement that addresses the nature of the mental illness and the imminent risk of harm. It also establishes new criteria for determining whether a person poses a substantial risk of serious harm, emphasizing the need for a thorough understanding of treatment risks and benefits. The amendments clarify the conditions under which a judge may order court-ordered mental health services, requiring expert testimony to demonstrate an individual's lack of capacity to make treatment decisions. These changes aim to enhance the legal framework for mental health evaluations, ensuring individuals receive appropriate care while protecting their rights, with the new provisions set to take effect on September 1, 2025, for cases initiated thereafter.

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)