reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 462.075 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.075. Renewal of Order for Court-Ordered Treatment

Sec. 462.075.  RENEWAL OF ORDER FOR COURT-ORDERED TREATMENT.  (a)  A court may renew an order for court-ordered treatment entered under this subchapter.(b)  An applicant who has reasonable cause to believe that a patient remains chemically dependent and that, because of the chemical dependency, the patient is likely to cause serious physical harm to himself or others may file an application to renew the original order for court-ordered treatment.  The application must comply with the requirements of Section 462.062. The applicant must file the application not later than the 14th day before the date on which the previous order expires.(c)  The application must be accompanied by two new certificates of medical examination for chemical dependency.  The certificates must comply with the requirements of Section 462.064.(d)  An application for renewal is considered an original application for court-ordered treatment.  The provisions of this subchapter relating to notice, hearing procedure, and the proposed patient's rights apply to the application for renewal.(e)  The court shall enter an order denying an application for court-ordered treatment if the court or jury fails to find, from clear and convincing evidence, that the proposed patient is a person with a chemical dependency and meets the criteria for court-ordered treatment.  If the court denies the application, the court shall order the discharge of a proposed patient who is not at liberty.(f)  The court shall commit the proposed patient to a treatment facility approved by the department to accept commitments for not more than 90 days if:(1)  the proposed patient admits the allegations of the application; or(2)  at the hearing on the merits, the court or jury finds that the material allegations in the application have been proved by clear and convincing evidence.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1176, eff. April 2, 2015.|
TX Health & Safety Code § 462.076 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.076. Appeal

Sec. 462.076.  APPEAL.  (a)  The appeal of an order requiring court-ordered treatment must be filed in the court of appeals for the county in which the order is issued.(b)  Notice of appeal must be filed not later than the 10th day after the date on which the order is signed.(c)  When the notice of appeal is filed, the clerk shall immediately send a certified transcript of the proceedings to the court of appeals.(d)  Pending the appeal, the trial judge in whose court the case is pending may:(1)  stay the order and release the person from custody pending the appeal if the judge is satisfied that the person does not meet the criteria for protective custody under Section 462.065;  and(2)  if the person is at liberty, require an appearance bond in an amount set by the court.(e)  The court of appeals and supreme court shall give an appeal under this section preference over all other cases and shall advance the appeal on the docket.  The courts may suspend any rule concerning the time for filing briefs and docketing cases.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.|
TX Health & Safety Code § 462.077 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.077. Pass or Furlough From Inpatient Care

Sec. 462.077.  PASS OR FURLOUGH FROM INPATIENT CARE.  (a)  The facility administrator may permit a patient admitted to the facility under an order for inpatient services to leave the facility under a pass or furlough.(b)  A pass authorizes the patient to leave the facility for not more than 72 hours.  A furlough authorizes the patient to leave for a longer period.(c)  The pass or furlough may be subject to specified conditions.(d)  When a patient is furloughed, the facility administrator shall notify the court that issued the commitment order.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.|
TX Health & Safety Code § 462.078 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.078. Return to Facility Under Facility Administrator's Certificate or Court Order

Sec. 462.078.  RETURN TO FACILITY UNDER FACILITY ADMINISTRATOR'S CERTIFICATE OR COURT ORDER.  (a)  The administrator of a facility to which a patient was admitted for court-ordered inpatient services may have an absent patient taken into custody, detained, and returned to the facility by:(1)  signing a certificate authorizing the patient's return;  or(2)  filing the certificate with a magistrate and requesting the magistrate to order the patient's return.(b)  A magistrate may issue an order directing a peace or health officer to take a patient into custody and return the patient to the facility if the facility administrator files the certificate as prescribed by this section.  The facility head may sign or file the certificate if the facility head reasonably believes that:(1)  the patient is absent without authority from the facility;(2)  the patient has violated the conditions of a pass or furlough;  or(3)  the patient's condition has deteriorated to the extent that the patient's continued absence from the facility under a pass or furlough is inappropriate.(c)  A peace or health officer shall take the patient into custody and return the patient to the facility as soon as possible if the patient's return is authorized by the facility administrator's certificate or the court order.  The peace or health officer may take the patient into custody without having the certificate or court order in the officer's possession.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.|
TX Health & Safety Code § 462.079 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.079. Revocation of Furlough

Sec. 462.079.  REVOCATION OF FURLOUGH.  (a)  A furlough may be revoked only after an administrative hearing held in accordance with department rules.  The hearing must be held within 72 hours after the patient is returned to the facility.(b)  A hearing officer shall conduct the hearing.  The hearing officer may be a mental health or chemical dependency professional if the person is not directly involved in treating the patient.(c)  The hearing is informal, and the patient is entitled to present information and argument.(d)  The hearing officer may revoke the furlough if the officer determines that the revocation is justified under Section 462.078(b)(1) or (2).(e)  A hearing officer who revokes a furlough shall place in the patient's file:(1)  a written notation of the decision;  and(2)  a written explanation of the reasons for the decision and the information on which the hearing officer relied.(f)  The patient shall be permitted to leave the facility under the furlough if the hearing officer determines that the furlough should not be revoked.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1177, eff. April 2, 2015.|
TX Health & Safety Code § 462.080 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.080. Release From Court-Ordered Treatment

Sec. 462.080.  RELEASE FROM COURT-ORDERED TREATMENT.  (a)  The administrator of a facility to which a person has been committed for treatment shall discharge the person when the court order expires.(b)  The administrator may discharge a patient before the court order expires if the administrator determines that the patient no longer meets the criteria for court-ordered treatment.(c)  The administrator of a facility to which the patient has been committed for inpatient services shall consider before discharging the patient whether the patient should receive outpatient court-ordered care or services in accordance with:(1)  a furlough under Section 462.077;  or(2)  a modified order under Section 462.073 that directs the patient to participate in outpatient treatment.(d)  A discharge terminates the court order, and the person discharged may not be compelled to submit to involuntary treatment unless a new order is issued in accordance with this subchapter.(e)  When a person is discharged under this section, the administrator shall prepare a certificate of discharge and file it with the court that issued the order.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.|
TX Health & Safety Code § 462.081 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 462 - Treatment of Persons With Chemical Dependencies|Subchapter D. Court-Ordered Treatment|Section 462.081. Commitment by Courts in Criminal Proceedings; Alternative Sentencing

Sec. 462.081.  COMMITMENT BY COURTS IN CRIMINAL PROCEEDINGS;  ALTERNATIVE SENTENCING.  (a)  The judge of a court with jurisdiction of misdemeanor cases may remand the defendant to a treatment facility approved by the department to accept court commitments for care and treatment for not more than 90 days, instead of incarceration or fine, if:(1)  the court or a jury has found the defendant guilty of an offense classified as a Class A or B misdemeanor;(2)  the court finds that the offense resulted from or was related to the defendant's chemical dependency;(3)  a treatment facility approved by the department is available to treat the defendant; and(4)  the treatment facility agrees in writing to admit the defendant under this section.(b)  A defendant who, in the opinion of the court, is a person with mental illness is not eligible for sentencing under this section.(c)  The court's sentencing order is a final conviction, and the order may be appealed in the same manner as appeals are made from other judgments of that court.(d)  A juvenile court may remand a child to a treatment facility for care and treatment for not more than 90 days after the date on which the child is remanded if:(1)  the court finds that the child has engaged in delinquent conduct or conduct indicating a need for supervision and that the conduct resulted from or was related to the child's chemical dependency;(2)  a treatment facility approved by the department to accept court commitments is available to treat the child; and(3)  the facility agrees in writing to receive the child under this section.|Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1178, eff. April 2, 2015.|
TX Health & Safety Code § 464.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.001. Definitions

Sec. 464.001.  DEFINITIONS.  In this subchapter:(1)  "Chemical dependency" means:(A)  abuse of alcohol or a controlled substance;(B)  psychological or physical dependence on alcohol or a controlled substance;  or(C)  addiction to alcohol or a controlled substance.(2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(90), eff. April 2, 2015.(3)  "Controlled substance" has the meaning assigned by Chapter 481 (Texas Controlled Substances Act).(3-a)  "Department" means the Department of State Health Services.(3-b)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.(4)  "Treatment" means a planned, structured, and organized program designed to initiate and promote a person's chemical-free status or to maintain the person free of illegal drugs.(5)  "Treatment facility" means:(A)  a public or private hospital;(B)  a detoxification facility;(C)  a primary care facility;(D)  an intensive care facility;(E)  a long-term care facility;(F)  an outpatient care facility;(G)  a community mental health center;(H)  a health maintenance organization;(I)  a recovery center;(J)  a halfway house;(K)  an ambulatory care facility;  or(L)  any other facility that offers or purports to offer treatment.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 180, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1180, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(90), eff. April 2, 2015.|
TX Health & Safety Code § 464.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.002. License Required

Sec. 464.002.  LICENSE REQUIRED.  A person may not offer or purport to offer chemical dependency treatment without a license issued under this subchapter, unless the person is exempted under Subchapter C or is working for or providing counseling with a program exempted under Subchapter C.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 180, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 663, Sec. 3, eff. Sept. 1, 1997.|
TX Health & Safety Code § 464.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.003. Exemptions

Sec. 464.003.  EXEMPTIONS.  This subchapter does not apply to:(1)  a facility maintained or operated by the federal government;(2)  a facility directly operated by the state;(3)  a facility licensed by the department under Chapter 241, 243, 248, 466, or 577;(4)  an educational program for intoxicated drivers;(5)  the individual office of a private, licensed health care practitioner who personally renders private individual or group services within the scope of the practitioner's license and in the practitioner's office;(6)  an individual who personally provides counseling or support services to a person with a chemical dependency but does not offer or purport to offer a chemical dependency treatment program;(7)  a 12-step or similar self-help chemical dependency recovery program:(A)  that does not offer or purport to offer a chemical dependency treatment program;(B)  that does not charge program participants; and(C)  in which program participants may maintain anonymity;(8)  a juvenile justice facility or juvenile justice program, as defined by Section 261.405, Family Code; or(9)  a satellite office or location in which the person providing services is operating under the supervision of a licensed outpatient care facility and the services delivered at the satellite site fall within the scope of the licensure of the outpatient care facility.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 180, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 410, Sec. 1, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 577, Sec. 8, eff. Sept. 1, 1997.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1181, eff. April 2, 2015.Acts 2017, 85th Leg., R.S., Ch. 747 (S.B. 1314), Sec. 1, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 1323 (H.B. 4298), Sec. 1, eff. September 1, 2019.|
TX Health & Safety Code § 464.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.004. License Application and Issuance

Sec. 464.004.  LICENSE APPLICATION AND ISSUANCE.  (a)  To receive a license to operate a treatment facility to treat persons with a chemical dependency, a person must:(1)  file a written application on a form prescribed by the department;(2)  cooperate with the review of the facility; and(3)  comply with the licensing standards.(b)  The department shall issue a license to an applicant:(1)  whose application meets the content requirements prescribed by the department and by department rules;(2)  who receives approval of the facility after the department's review; and(3)  who timely complies with the licensing standards.(c)  The license is issued only for the person named in the license and not the legal successors of that person.(d)  The license expires two years after the date on which the license is issued.(e)  A license may be issued without prior notice and an opportunity for a hearing.  A person other than the applicant or the department may not contest the issuance of a license.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 181, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1182, eff. April 2, 2015.|
TX Health & Safety Code § 464.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.005. License Renewal

Sec. 464.005.  LICENSE RENEWAL.  (a)  The department shall provide renewal application forms and information relating to renewal procedures to each license holder.(b)  The department may require an inspection before renewing a license, unless the applicant submits an accreditation review from the Commission on Accreditation of Rehabilitation Facilities, The Joint Commission, or another national accreditation organization recognized by the department in accordance with Section 464.0055.(c)  The executive commissioner may establish deadlines for receiving and acting on renewal applications.(d)  A license may be renewed without prior notice and an opportunity for a hearing.  A person other than the applicant or the department may not contest the renewal of a license.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 181, eff. Sept. 1, 1991.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1096 (S.B. 1449), Sec. 1, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1183, eff. April 2, 2015.|
TX Health & Safety Code § 464.0055 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.0055. Accreditation Review to Satisfy Inspection Requirements

Sec. 464.0055.  ACCREDITATION REVIEW TO SATISFY INSPECTION REQUIREMENTS.(a)  In this section, "accreditation commission" means the Commission on Accreditation of Rehabilitation Facilities, The Joint Commission, or another national accreditation organization recognized by the department.(b)  The department shall accept an accreditation review from an accreditation commission for a treatment facility instead of an inspection by the department for renewal of a license under Section 464.005, but only if:(1)  the treatment facility is accredited by that accreditation commission;(2)  the accreditation commission maintains and updates an inspection or review program that, for each treatment facility, meets the department's applicable minimum standards;(3)  the accreditation commission conducts a regular on-site inspection or review of the treatment facility according to the accreditation commission's guidelines; and(4)  the treatment facility submits to the department a copy of its most recent accreditation review from the accreditation commission in addition to the application, fee, and any report or other document required for renewal of a license.(c)  This section does not limit the department in performing any duties, investigations, or inspections authorized by this chapter, including authority to take appropriate action relating to a treatment facility, such as closing the treatment facility.(d)  This section does not require a treatment facility to obtain accreditation from an accreditation commission.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1096 (S.B. 1449), Sec. 2, eff. September 1, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1184, eff. April 2, 2015.|
TX Health & Safety Code § 464.006 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.006. Inspections

Sec. 464.006.  INSPECTIONS.  The department or its representative may without notice enter the premises of a treatment facility at reasonable times, including any time treatment services are provided, to conduct an inspection or investigation the department considers necessary.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 182, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1185, eff. April 2, 2015.|
TX Health & Safety Code § 464.007 (2021)
2021 Texas Statutes|Health and Safety Code|Title 6 - Food, Drugs, Alcohol, and Hazardous Substances|Subtitle B - Alcohol and Substance Abuse Programs|Chapter 464 - Facilities Treating Persons With a Chemical Dependency|Subchapter A. Regulation of Chemical Dependency Treatment Facilities|Section 464.007. Application and Inspection Fees

Sec. 464.007.  APPLICATION AND INSPECTION FEES.  (a)  The department shall collect nonrefundable application and review fees for a license or renewal license.  The department may collect a fee for approving a facility to treat court committed clients.(b)  If the General Appropriations Act does not specify the amount of the fee, the executive commissioner by rule shall establish reasonable fees to administer this subchapter in amounts necessary for the fees to cover at least 50 percent of the costs of the licensing program.(c)  The department may not maintain unnecessary fund balances under this chapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 183, eff. Sept. 1, 1991.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1186, eff. April 2, 2015.|