By: Hull, Dutton, Lozano,	H.B. No. 1927
	A. Johnson of Harris, Landgraf

	A BILL TO BE ENTITLED
	AN ACT
	relating to a parent's right to intervene in the apprehension by a
	peace officer of a child for an emergency detention and certain
	requirements and restrictions applicable to an emergency
	detention.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 573.001, Health and Safety Code, is
	amended by amending Subsection (a) and adding Subsection (i) to
	read as follows:
	(a)  Subject to Section 573.0011, a [A] peace officer,
	without a warrant, may take a person into custody, regardless of the
	age of the person, if the officer:
	(1)  has reason to believe and does believe that:
	(A)  the person is a person with mental illness;
	and
	(B)  because of that mental illness there is a
	substantial risk of serious harm to the person or to others unless
	the person is immediately restrained; and
	(2)  believes that there is not sufficient time to
	obtain a warrant before taking the person into custody.
	(i)  A peace officer who takes a person into custody under
	Subsection (a) must use age-appropriate trauma-informed practices
	in responding to the situation.
	SECTION 2.  Subchapter A, Chapter 573, Health and Safety
	Code, is amended by adding Sections 573.0011 and 573.0012 to read as
	follows:
	Sec. 573.0011.  PARENT'S RIGHT TO INTERVENE IN EMERGENCY
	DETENTION OF CHILD.  (a)  In this section, "child" means a person
	younger than 18 years of age.
	(b)  A parent, guardian, conservator, or other person
	standing in parental relation to a child who is made aware that the
	child is being placed under an emergency detention under this
	subchapter has the right to take custody of the child and may
	voluntarily seek treatment or services for the child from a
	provider of the person's choice.
	(c)  A peace officer, including a school district peace
	officer commissioned under Section 37.081, Education Code, may not
	place a child under an emergency detention under this subchapter
	without first attempting to contact the child's parent, guardian,
	conservator, or other person standing in parental relation to the
	child and informing the person about the person's right under
	Subsection (b).
	(d)  If a peace officer transports a child to a facility
	under Section 573.001, the officer must include a statement
	describing the officer's attempt to contact a parent, guardian,
	conservator, or other person standing in parental relation to the
	child, as required by Subsection (c), in the emergency detention
	form described by Section 573.002(d) that the officer files with
	the facility as a notification of detention under that section.
	(e)  If a school district peace officer transports a child to
	a facility under Section 573.001, in addition to the requirement
	imposed by Subsection (d), the officer must also document the
	officer's attempt to contact a parent, guardian, conservator, or
	other person standing in parental relation to the child, as
	required by Subsection (c), in the child's student records with the
	school district, and the district must forward a copy of the
	applicable records to the child's parent, guardian, conservator, or
	other person standing in parental relation to the child.
	Sec. 573.0012.  CERTAIN RESTRAINT DEVICES PROHIBITED ON
	CHILD 10 YEARS OF AGE OR YOUNGER. (a)  A peace officer may not use
	handcuffs, electrical devices, chemical agents, or any other
	similar devices intended for use in the control or management of
	detainees to apprehend a child 10 years of age or younger for
	purposes of an emergency detention under this subchapter unless the
	child poses an imminent risk of harm to the child or another person.
	(b)  If a peace officer uses a restraint device described
	under Subsection (a) to apprehend a child, the officer must include
	in the emergency detention form described by Section 573.002(d)
	filed with a facility as a notification of detention under that
	section a statement describing the circumstances that formed the
	basis for the officer's belief that a risk of harm was imminent
	unless the child was immediately restrained.
	SECTION 3.  The changes in law made by this Act apply only to
	the apprehension for an emergency detention that occurs on or after
	the effective date of this Act. An apprehension for emergency
	detention that occurs before the effective date of this Act is
	governed by the law in effect on the date the apprehension for
	emergency detention occurred, and the former law is continued in
	effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2023.