TX HB1938

Extends the preliminary examination detention period for mental health protective custody from 48 hours to 72 hours after a person is presented to a facility

Modifies the standard for court-ordered temporary and extended inpatient mental health services from "likely to cause" serious harm to "poses a substantial risk of causing" serious harm, requiring evidence of suicide threats/attempts or violent behavior toward others

Adds a new criterion for court-ordered mental health services: patients experiencing severe mental or physical deterioration that poses a substantial risk of severe impairment or injury without immediate intervention

Increases the duration of temporary outpatient mental health services orders from 45 days to 90 days, with extended periods increasing from 90 days to 180 days when a judge finds it necessary

Takes effect September 1, 2025, applying to emergency detentions and court-ordered mental health service proceedings that begin on or after that date