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Bill > HB1938


TX HB1938

TX HB1938
Relating to preliminary examination periods for mental health protective custody and the criteria for and duration of certain court-ordered mental health services.


summary

Introduced
01/17/2025
In Committee
03/14/2025
Crossed Over
Passed
Dead
06/02/2025

Introduced Session

89th Legislature Regular Session

Bill Summary

AN ACT relating to preliminary examination periods for mental health protective custody and the criteria for and duration of certain court-ordered mental health services.

AI Summary

This bill modifies Texas health and safety laws related to mental health protective custody and court-ordered mental health services. It extends the preliminary examination detention period from 48 to 72 hours, allowing individuals under mental health evaluation to be held longer before requiring a written protective custody order. The bill also revises the criteria for court-ordered mental health services, changing the language from "likely to cause" to "poses a substantial risk of causing" serious harm to self or others, and adding more specific evidence requirements such as serious suicide threats, violent behavior, or severe deterioration that could lead to self-injury. Additionally, the bill increases the duration of temporary outpatient mental health service orders from 45 to 90 days, with the potential to extend up to 180 days if a judge determines it necessary. The changes will apply to emergency detentions and court-ordered mental health service proceedings that occur on or after September 1, 2025, providing more flexibility and precise standards for mental health interventions while maintaining protections for individuals' rights.

Committee Categories

Justice

Sponsors (2)

Last Action

Left pending in committee (on 03/26/2025)

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