Bill > HB1239

This bill extends the preliminary examination period for mental health protective custody from 48 to 120 hours (5 days) in the Texas Health and Safety Code. Under the revised law, a person accepted for a preliminary examination can be detained for up to 120 hours after being presented to a medical facility, which includes waiting time before receiving the examination. The detention period rules remain similar to the previous law, allowing detention to be extended to 4 p.m. on the next business day if the 120-hour period ends on a weekend, holiday, or before 4 p.m. on a business day. Additionally, in cases of extreme weather conditions or disasters, a judge or magistrate may extend the detention period by an additional 24 hours through a written order declaring an emergency. The bill will take effect on September 1, 2025, and will apply to emergency detentions beginning on or after that date, while detentions prior to that date will be governed by the previous 48-hour rule.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1239