Tex. Health & Safety Code § 573.022 · Subchapter C. EMERGENCY DETENTION, RELEASE, AND RIGHTS
EMERGENCY ADMISSION AND DETENTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person may be admitted to a facility for emergency detention only if the physician who conducted the preliminary examination of the person makes a written statement that:
(1) is acceptable to the facility;
(2) states after a preliminary examination it is the physician's opinion that:
(A) the person is a person with mental illness and because of that mental illness the person evidences:
(i) a substantial risk of serious harm to the person or to others;
(ii) severe emotional distress and deterioration in the person's mental condition; or
(iii) an inability to recognize symptoms or appreciate the risks and benefits of treatment;
(B) the described risk of harm is imminent unless the person is immediately restrained; and
(C) emergency detention is the least restrictive means by which the necessary restraint may be accomplished; and
(3) includes:
(A) a description of the nature of the person's mental illness;
(B) a specific description of the risk of harm the person evidences to the extent that the person cannot remain at liberty; and
(C) the specific detailed information from which the physician formed the opinion in Subdivision (2).
(b) A mental health facility that has admitted a person for emergency detention under this section may transport the person to a mental health facility deemed suitable by the local mental health authority for the area. On the request of the local mental health authority, the judge may order that the proposed patient be detained in a department mental health facility.
(c) A facility that has admitted a person for emergency detention under Subsection (a) or to which a person has been transported under Subsection (b) may transfer the person to an appropriate mental hospital with the written consent of the hospital administrator.
Notes and commentary — not statutory text
History
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1999, 76th Leg., ch. 842, Sec. 1, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 367, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 510 (H.B. 1829), Sec. 2, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1368, eff. April 2, 2015.
Acts 2025, 89th Leg., R.S., Ch. 800 (S.B. 1164), Sec. 6, 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 94af9a968482770c63a2548ea98690123a529aa98f5a6749513a8366b7145864
- 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
Cited by 4 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 573.022. Each shows the citation as that text prints it.
Health and Safety Code
- Tex. Health & Safety Code § 573.023RELEASE FROM EMERGENCY DETENTION.Printed as Section 573.022 | Section 573.022(a)(2)
- Tex. Health & Safety Code § 573.025RIGHTS OF PERSONS APPREHENDED, DETAINED, OR TRANSPORTED FOR EMERGENCY DETENTION.Printed as Section 573.022
- Tex. Health & Safety Code § 573.026TRANSPORTATION AFTER DETENTION.Printed as Section 573.022
- Tex. Health & Safety Code § 574.045TRANSPORTATION OF PATIENT.Printed as Section 573.022 or 574.023
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.