Relating to preliminary examination periods for mental health protective custody and the criteria for and duration of certain court-ordered mental health services.

HB 1938 amends Texas Health and Safety Code sections 573.021 and 574.034 to change mental health protective custody and court-ordered services rules. It extends the preliminary examination period from 48 to 72 hours for individuals in protective custody (with limited extensions for weekends, holidays, or extreme weather), and updates criteria requiring courts to find clear evidence that a person with mental illness poses a serious risk of harming themselves or others, or cannot function independently due to mental health deterioration. The bill directly affects individuals in mental health crises and courts issuing emergency custody orders. The legislation is currently pending in the Judiciary & Civil Jurisprudence committee after committee testimony.