Health and Safety Code §573.012

(a) Except as provided by Subsection (h), an applicant for emergency detention must present the application personally to a judge or magistrate. The judge or magistrate shall examine the application and may interview the applicant. Except as provided by Subsections (g) and (h), the judge of a court with probate jurisdiction by administrative order may provide that the application must be: (1) presented personally to the court; or (2) retained by court staff and presented to another judge or magistrate as soon as is practicable if the judge of the court is not available at the time the application is presented. (b) The magistrate shall deny the application unless the magistrate finds that there is reasonable cause to believe that: (1) the person evidences mental illness and because of that mental illness the person evidences: (A) a substantial risk of serious harm to himself or others; (B) severe emotional distress and deterioration in the person's mental condition; or (C) 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; (3) the risk of harm is imminent unless the person is immediately restrained; and (4) the necessary restraint cannot be accomplished without emergency detention. (c) Repealed by Acts 2025, 89th Leg., R.S., Ch. 800 (S.B. 1164 ), Sec. 12(3), eff. September 1, 2025. (d) The magistrate shall issue to an on-duty peace officer a warrant for the person's immediate apprehension if the magistrate finds that each criterion under Subsection (b) is satisfied. (d-1) A peace officer who transports an apprehended person to a facility in accordance with this section: (1) is not required to remain at the facility while the person is medically screened or treated or while the person's insurance coverage is verified; and (2) may leave the facility immediately after: (A) the person is taken into custody by appropriate facility staff; and (B) the peace officer provides to the facility the required documentation. (e) A person apprehended under this section who is not physically located in a mental health facility at the time the warrant is issued under Subsection (h-1) shall be transported for a preliminary examination in accordance with Section 573.021 to: (1) the nearest appropriate inpatient mental health facility; or (2) a mental health facility deemed suitable by the local mental health authority, if an appropriate inpatient mental health facility is not available. (f) The warrant serves as an application for detention in the facility. The warrant and a copy of the application for the warrant shall be immediately transmitted to the facility. (g) If there is more than one court with probate jurisdiction in a county, an administrative order regarding presentation of an application must be jointly issued by all of the judges of those courts.