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Taken In For An Evaluation

Health & Safety 573.001 — emergency detention without a warrant, and a 48 hour limit

In Texas, a peace officer may take a person of any age into custody without a warrant when the officer has reason to believe and does believe that the person has a mental illness and, because of it, there is a substantial risk of serious harm to the person or others, or the person shows severe emotional distress and deterioration, or cannot recognize symptoms or appreciate the risks and benefits of treatment. The officer also has to believe the person is likely to suffer or inflict serious harm without immediate detention, and that there is not time to get a warrant first.

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  • The officer may form that belief from what a credible person reports, or from the person's own conduct and the circumstances where they are found.
  • The officer immediately transports the person to the nearest appropriate inpatient mental health facility, or a suitable one the local mental health authority names, or hands them to emergency medical services for that transport.
  • A jail is not deemed suitable except in an extreme emergency, and a person held in a jail or nonmedical facility is kept apart from anyone charged with or convicted of a crime.
  • The officer immediately tells the person, orally and in plain terms, the reason for the detention, and that facility staff will explain their rights within 24 hours after admission.
  • The officer may immediately seize any firearm the person has.
StageWhat the Code allows
StageExamination by a physicianWhat the Code allowsAs soon as possible within 12 hours after the person is apprehended
StageDetention for the preliminary examinationWhat the Code allowsNot longer than 48 hours after the person is presented to the facility, unless a written protective custody order is obtained
StageWaiting time before the examinationWhat the Code allowsCounts inside the 48 hours
StageWhen the 48 hours end on a weekend, a holiday, or before 4 p.m. on the next business dayWhat the Code allowsUntil 4 p.m. on the first following business day
StageWhen the 48 hours end at any other timeWhat the Code allowsOnly until 4 p.m. on the day the period ends

A judge or magistrate may extend the period by 24 hours at a time, by written order made each day, for extremely hazardous weather or a disaster. A private mental health facility may not hold a person without its administrator's consent. Protective custody, commitment hearings and the rights the facility explains are in other sections of the subtitle and are not reproduced here. Whether a detention met the statute is a question for a court and for a licensed Texas attorney.

Sources for this section (2)
  1. Health & Safety 573.001 — Apprehension by peace officer without warrant
  2. Health & Safety 573.021 — Preliminary examination

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.

On the clock

2 periods on this page run out. Each is stated above with its authority; this is the same thing with the date attached.

  • 12 hoursThe physician's examination after an emergency apprehension · from the person being apprehended by the peace officer
  • 48 hoursDetention for a preliminary examination after an emergency apprehension · from the person being presented to the facility

From here

Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.