OHIO · Involuntary Hold Law

Emergency Detention in Texas: The Mental Health Warrant Explained

In Texas there is no Baker Act and no 5150. Those are Florida and California laws. The Texas equivalent is emergency detention under Chapter 573 of the Health and Safety Code, sometimes called a mental health warrant. See our involuntary hold by state guide for how other states compare.

Key Takeaways

Texas does not have a Baker Act or a 5150. The equivalent is emergency detention under Texas Health and Safety Code Chapter 573.
A peace officer may detain someone without a warrant, or a family member may apply to a magistrate for an emergency detention order, often called a mental health warrant.
A physician must examine the person as soon as possible, and the statute sets a 12-hour limit from the time of detention or transport.
Emergency detention is limited to 48 hours from arrival at the facility, with an allowance when that period ends on a weekend or holiday.
Holding someone beyond that requires a court order — an order of protective custody under Chapter 574.

Why people search for the Baker Act in Texas

Families in a crisis reach for whatever term they have heard. The Baker Act is Florida law and 5150 is California law, and neither applies in Texas — but both are searched from Texas constantly, because the Texas term is less well known. If you have arrived here looking for one of those, emergency detention is what you want.

The two routes into emergency detention

A peace officer, without a warrant

Under Section 573.001, a peace officer may take a person into custody without a warrant if the officer believes the person has a mental illness and that there is a substantial risk of serious harm to the person or to others unless they are immediately restrained. The officer must have reason to believe the risk is imminent enough that it cannot be addressed any other way.

An application to a magistrate — the mental health warrant

Under Sections 573.011 and 573.012, an adult may file a written application for emergency detention with a magistrate, stating what they have personally observed and why they believe the criteria are met. If the magistrate agrees, they issue an order authorising the person to be taken into custody and transported for examination. This is the route most families use, and it is usually filed at the county courthouse.

What has to be true for it to apply

The person has a mental illness.
There is a substantial risk of serious harm to themselves or to others.
That risk is imminent enough that it cannot be averted by anything less restrictive.

Substance intoxication on its own is not a mental illness for these purposes, which is a common point of confusion.

The clock: 12 hours, then 48

Once someone is detained, a physician must examine them as soon as possible, and the statute requires it within 12 hours of being taken into custody or transported. If the physician does not find that the criteria are met, the person must be released.

If the criteria are met, the facility may detain the person for up to 48 hours from arrival. If that 48 hours ends on a weekend or a legal holiday, the period may run until a set time on the next business day. Beyond that, continued detention requires a court order.

What happens after the 48 hours

Three things can happen. The person is released. They agree to stay voluntarily. Or the facility applies for an order of protective custody under Chapter 574, which moves the matter into court and starts a different process with its own hearings and timelines.

What families usually want to know

Can I have someone committed in Texas?

You can apply for emergency detention. You cannot order it. A magistrate decides whether to issue the warrant, and a physician decides whether the criteria are met once the person is examined. Both are independent of the person applying.

Does it go on a record?

Emergency detention is a civil process, not a criminal one. It is not an arrest and it is not a conviction. Separate federal and state rules govern firearm eligibility after certain mental health determinations, which is a different question from whether a detention occurred — see our page on <a href=”/psychiatric-hold-and-gun-rights-federal-law/”>psychiatric holds and gun rights</a>.

What do I need to bring?

Specific, recent, first-hand observations. What you saw, when, and why you believe the person is at risk now. General concern about someone’s wellbeing is rarely sufficient; a magistrate is looking for facts.

If the criteria are not met

Many situations that frighten a family do not meet the legal standard, and that is genuinely hard. Voluntary admission, an outpatient psychiatric assessment, a mobile crisis team, or the 988 Suicide and Crisis Lifeline are the routes that remain. Our admissions team can talk through what is available. Call <a href=”tel:8666447911″>866-644-7911</a>.

This article is for general education and is not legal or medical advice. Laws change and county practice varies. Confirm the current process with the county where the person is located, or with an attorney.