Tex. Health & Safety Code § 573.001 · Subchapter A. APPREHENSION BY PEACE OFFICER OR TRANSPORTATION FOR EMERGENCY DETENTION BY GUARDIAN
APPREHENSION BY PEACE OFFICER WITHOUT WARRANT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A peace officer, without a warrant, may take a person into custody, regardless of the age of the person, if the officer has reason to believe and does believe that:
(1) the person is a person with mental illness and because of that mental illness:
(A) there is a substantial risk of serious harm to the person or to others;
(B) the person evidences severe emotional distress and deterioration in the person's mental condition; or
(C) the person evidences an inability to recognize symptoms or appreciate the risks and benefits of treatment;
(2) the person is likely without immediate detention to suffer serious risk of harm or to inflict serious harm on another person; and
(3) there is not sufficient time to obtain a warrant before taking the person into custody.
(b) Repealed by Acts 2025, 89th Leg., R.S., Ch. 800 (S.B. 1164), Sec. 12(1), eff. September 1, 2025.
(c) The peace officer may form the belief that the person meets the criteria for apprehension:
(1) from a representation of a credible person; or
(2) on the basis of the conduct of the apprehended person or the circumstances under which the apprehended person is found.
(d) A peace officer who takes a person into custody under Subsection (a) shall immediately:
(1) transport the apprehended person to:
(A) the nearest appropriate inpatient mental health facility; or
(B) a mental health facility deemed suitable by the local mental health authority, if an appropriate inpatient mental health facility is not available; or
(2) transfer the apprehended person to emergency medical services personnel of an emergency medical services provider in accordance with a memorandum of understanding executed under Section 573.005 for transport to a facility described by Subdivision (1)(A) or (B).
(e) A jail or similar detention facility may not be deemed suitable except in an extreme emergency.
(f) A person detained in a jail or a nonmedical facility shall be kept separate from any person who is charged with or convicted of a crime.
(g) A peace officer who takes a person into custody under Subsection (a) shall immediately inform the person orally in simple, nontechnical terms:
(1) of the reason for the detention; and
(2) that a staff member of the facility will inform the person of the person's rights within 24 hours after the time the person is admitted to a facility, as provided by Section 573.025(b).
(h) A peace officer who takes a person into custody under Subsection (a) may immediately seize any firearm found in possession of the person. After seizing a firearm under this subsection, the peace officer shall comply with the requirements of Article 18.191, Code of Criminal Procedure.
Notes and commentary — not statutory text
History
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 2001, 77th Leg., ch. 367, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 318 (H.B. 1738), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 776 (S.B. 1189), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1366, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(33), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 541 (S.B. 344), Sec. 2, eff. June 9, 2017.
Acts 2019, 86th Leg., R.S., Ch. 988 (S.B. 1238), Sec. 4, eff. September 1, 2019.
Acts 2025, 89th Leg., R.S., Ch. 800 (S.B. 1164), Sec. 1, eff. September 1, 2025.
Acts 2025, 89th Leg., R.S., Ch. 800 (S.B. 1164), Sec. 12(1), eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.573.htm
- Text hash
- sha256 f29420b561def91fde0bcdbcd2244b7a54d7d61a74809b5fcd28f5871fd461e0
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
Health and Safety Code
- Tex. Health & Safety Code § 573.005TRANSPORTATION FOR EMERGENCY DETENTION BY EMERGENCY MEDICAL SERVICES PROVIDER; MEMORANDUM OF UNDERSTANDING.Printed as Section 573.005
- Tex. Health & Safety Code § 573.025RIGHTS OF PERSONS APPREHENDED, DETAINED, OR TRANSPORTED FOR EMERGENCY DETENTION.Printed as Section 573.025(b)
Cited by 5 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 573.001. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 18.191DISPOSITION OF FIREARM SEIZED FROM CERTAIN PERSONS WITH MENTAL ILLNESS.Printed as Section 573.001, Health and Safety Code
- Tex. Code Crim. Proc. art. 46C.267DETENTION PENDING PROCEEDINGS TO MODIFY OR REVOKE ORDER FOR OUTPATIENT OR COMMUNITY-BASED TREATMENT AND SUPERVISION.Printed as Section 573.001, Health and Safety Code
Health and Safety Code
- Tex. Health & Safety Code § 573.002PEACE OFFICER'S NOTIFICATION OF EMERGENCY DETENTION.Printed as Section 573.001 | Section 573.001(d)(1) | Section 573.001(d)(2) | Section 573.001, Health and Safety Code
- Tex. Health & Safety Code § 573.0021DUTY OF PEACE OFFICER TO NOTIFY PROBATE COURTS.Printed as Section 573.001
- Tex. Health & Safety Code § 573.005TRANSPORTATION FOR EMERGENCY DETENTION BY EMERGENCY MEDICAL SERVICES PROVIDER; MEMORANDUM OF UNDERSTANDING.Printed as Section 573.001 | Section 573.001(g)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.