TX HB1538

Authorizes peace officers to take into custody a person already admitted as a patient at certain mental health or medical facilities for emergency detention purposes

Allows governing bodies of inpatient mental health facilities, licensed hospitals, hospital emergency departments, and freestanding emergency medical care facilities to adopt written policies for temporary detention of patients with mental illness

Permits physicians at participating facilities to temporarily detain patients who voluntarily sought treatment or lack capacity to consent if the patient attempts to leave, the physician believes they have mental illness posing substantial risk of serious harm, and there is insufficient time to file formal emergency detention paperwork

Limits temporary detention under facility policies to less than four hours, after which the patient must be released unless a peace officer takes custody or a judge issues a protective custody order

Provides civil and criminal liability protection for physicians, staff, and facilities acting in good faith under these detention policies, and clarifies such detention does not count as involuntary psychiatric hospitalization for certain government code purposes