reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 573.004 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 573 - Emergency Detention|Subchapter A. Apprehension by Peace Officer or Transportation for Emergency Detention by Guardian|Section 573.004. Guardian's Application for Emergency Detention

Sec. 573.004.  GUARDIAN'S APPLICATION FOR EMERGENCY DETENTION.  (a)   After transporting a ward to a facility under Section 573.003, a guardian shall immediately file an application for detention with the facility.(b)  The application for detention must contain:(1)  a statement that the guardian has reason to believe and does believe that the ward evidences mental illness;(2)  a statement that the guardian has reason to believe and does believe that the ward evidences a substantial risk of serious harm to the ward or others;(3)  a specific description of the risk of harm;(4)  a statement that the guardian has reason to believe and does believe that the risk of harm is imminent unless the ward is immediately restrained;(5)  a statement that the guardian's beliefs are derived from specific recent behavior, overt acts, attempts, or threats that were observed by the guardian;  and(6)  a detailed description of the specific behavior, acts, attempts, or threats.(c)  The guardian shall immediately provide written notice of the filing of an application under this section to the court that granted the guardianship.|Added by Acts 2003, 78th Leg., ch. 692, Sec. 6, eff. Sept. 1, 2003.|
TX Health & Safety Code § 573.005 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 573 - Emergency Detention|Subchapter A. Apprehension by Peace Officer or Transportation for Emergency Detention by Guardian|Section 573.005. Transportation for Emergency Detention by Emergency Medical Services Provider; Memorandum of Understanding

Sec. 573.005.  TRANSPORTATION FOR EMERGENCY DETENTION BY EMERGENCY MEDICAL SERVICES PROVIDER; MEMORANDUM OF UNDERSTANDING.  (a)  A law enforcement agency and an emergency medical services provider may execute a memorandum of understanding under which emergency medical services personnel employed by the provider may transport a person taken into custody under Section 573.001 by a peace officer employed by the law enforcement agency.(b)  A memorandum of understanding must:(1)  address responsibility for the cost of transporting the person taken into custody; and(2)  be approved by the county in which the law enforcement agency is located and the local mental health authority that provides services in that county with respect to provisions of the memorandum that address the responsibility for the cost of transporting the person.(c)  A peace officer may request that emergency medical services personnel transport a person taken into custody by the officer under Section 573.001 only if:(1)  the law enforcement agency that employs the officer and the emergency medical services provider that employs the personnel have executed a memorandum of understanding under this section; and(2)  the officer determines that transferring the person for transport is safe for both the person and the personnel.(d)  Emergency medical services personnel may, at the request of a peace officer, transport a person taken into custody by the officer under Section 573.001 to the appropriate facility, as provided by that section, if the law enforcement agency that employs the officer and the emergency medical services provider that employs the personnel have executed a memorandum of understanding under this section.(e)  A peace officer who transfers a person to emergency medical services personnel under a memorandum of understanding executed under this section for transport to the appropriate facility must provide:(1)  to the person the notice described by Section 573.001(g); and(2)  to the personnel a completed notification of detention about the person on the form provided by Section 573.002(d).|Added by Acts 2017, 85th Leg., R.S., Ch. 541 (S.B. 344), Sec. 4, eff. June 9, 2017.|
TX Health & Safety Code § 573.011 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 573 - Emergency Detention|Subchapter B. Judge's or Magistrate's Order for Emergency Apprehension and Detention|Section 573.011. Application for Emergency Detention

Sec. 573.011.  APPLICATION FOR EMERGENCY DETENTION.  (a)  An adult may file a written application for the emergency detention of another person.(b)  The application must state:(1)  that the applicant has reason to believe and does believe that the person evidences mental illness;(2)  that the applicant has reason to believe and does believe that the person evidences a substantial risk of serious harm to himself or others;(3)  a specific description of the risk of harm;(4)  that the applicant has reason to believe and does believe that the risk of harm is imminent unless the person is immediately restrained;(5)  that the applicant's beliefs are derived from specific recent behavior, overt acts, attempts, or threats;(6)  a detailed description of the specific behavior, acts, attempts, or threats;  and(7)  a detailed description of the applicant's relationship to the person whose detention is sought.(c)  The application may be accompanied by any relevant information.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|
TX Health & Safety Code § 573.021 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 573 - Emergency Detention|Subchapter C. Emergency Detention, Release, and Rights|Section 573.021. Preliminary Examination

Sec. 573.021.  PRELIMINARY EXAMINATION.  (a)  A facility shall temporarily accept a person for whom an application for detention is filed or for whom a peace officer or emergency medical services personnel of an emergency medical services provider transporting the person in accordance with a memorandum of understanding executed under Section 573.005 files a notification of detention completed by the peace officer under Section 573.002(a).(b)  A person accepted for a preliminary examination may be detained in custody for not longer than 48 hours after the time the person is presented to the facility unless a written order for protective custody is obtained.  The 48-hour period allowed by this section includes any time the patient spends waiting in the facility for medical care before the person receives the preliminary examination.  If the 48-hour period ends on a Saturday, Sunday, legal holiday, or before 4 p.m. on the first succeeding business day, the person may be detained until 4 p.m. on the first succeeding business day. If the 48-hour period ends at a different time, the person may be detained only until 4 p.m. on the day the 48-hour period ends.  If extremely hazardous weather conditions exist or a disaster occurs, the presiding judge or magistrate may, by written order made each day, extend by an additional 24 hours the period during which the person may be detained.  The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.(c)  A physician shall examine the person as soon as possible within 12 hours after the time the person is apprehended by the peace officer or transported for emergency detention by the person's guardian.(d)  A facility must comply with this section only to the extent that the commissioner determines that a facility has sufficient resources to perform the necessary services under this section.(e)  A person may not be detained in a private mental health facility without the consent of the facility administrator.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 623, Sec. 1, eff. June 11, 2001;  Acts 2003, 78th Leg., ch. 692, Sec. 7, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 202 (H.B. 518), Sec. 1, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 333 (H.B. 888), Sec. 1, eff. June 19, 2009.Acts 2013, 83rd Leg., R.S., Ch. 318 (H.B. 1738), Sec. 3, eff. September 1, 2013.Acts 2017, 85th Leg., R.S., Ch. 541 (S.B. 344), Sec. 5, eff. June 9, 2017.|
TX Health & Safety Code § 573.022 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 573 - Emergency Detention|Subchapter C. Emergency Detention, Release, and Rights|Section 573.022. Emergency Admission and Detention

Sec. 573.022.  EMERGENCY ADMISSION AND DETENTION.  (a)  A person may be admitted to a facility for emergency detention only if the physician who conducted the preliminary examination of the person makes a written statement that:(1)  is acceptable to the facility;(2)  states that after a preliminary examination it is the physician's opinion that:(A)  the person is a person with mental illness;(B)  the person evidences a substantial risk of serious harm to the person or to others;(C)  the described risk of harm is imminent unless the person is immediately restrained; and(D)  emergency detention is the least restrictive means by which the necessary restraint may be accomplished; and(3)  includes:(A)  a description of the nature of the person's mental illness;(B)  a specific description of the risk of harm the person evidences that may be demonstrated either by the person's behavior or by evidence of severe emotional distress and deterioration in the person's mental condition to the extent that the person cannot remain at liberty; and(C)  the specific detailed information from which the physician formed the opinion in Subdivision (2).(b)  A mental health facility that has admitted a person for emergency detention under this section may transport the person to a mental health facility deemed suitable by the local mental health authority for the area.  On the request of the local mental health authority, the judge may order that the proposed patient be detained in a department mental health facility.(c)  A facility that has admitted a person for emergency detention under Subsection (a) or to which a person has been transported under Subsection (b) may transfer the person to an appropriate mental hospital with the written consent of the hospital administrator.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 842, Sec. 1, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 367, Sec. 7, eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 510 (H.B. 1829), Sec. 2, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1368, eff. April 2, 2015.|
TX Health & Safety Code § 573.023 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 573 - Emergency Detention|Subchapter C. Emergency Detention, Release, and Rights|Section 573.023. Release From Emergency Detention

Sec. 573.023.  RELEASE FROM EMERGENCY DETENTION.  (a)  A person apprehended by a peace officer or transported for emergency detention under Subchapter A  or detained under Subchapter B  shall be released on completion of the preliminary examination unless the person is admitted to a facility under Section 573.022.(b)  A person admitted to a facility under Section 573.022 shall be released if the facility administrator determines at any time during the emergency detention period that one of the criteria prescribed by Section 573.022(a)(2) no longer applies.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 692, Sec. 8, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1369, eff. April 2, 2015.|
TX Health & Safety Code § 573.024 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 573 - Emergency Detention|Subchapter C. Emergency Detention, Release, and Rights|Section 573.024. Transportation After Release

Sec. 573.024.  TRANSPORTATION AFTER RELEASE.  (a)  Arrangements shall be made to transport a person who is entitled to release under Section 573.023 to:(1)  the location of the person's apprehension;(2)  the person's residence in this state;  or(3)  another suitable location.(b)  Subsection (a) does not apply to a person who is arrested or who objects to the transportation.(c)  If the person was apprehended by a peace officer under Subchapter A, arrangements must be made to immediately transport the person.  If the person was transported for emergency detention under Subchapter A  or detained under Subchapter B, the person is entitled to reasonably prompt transportation.(d)  The county in which the person was apprehended shall pay the costs of transporting the person.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 692, Sec. 9, eff. Sept. 1, 2003.|
TX Health & Safety Code § 573.025 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 573 - Emergency Detention|Subchapter C. Emergency Detention, Release, and Rights|Section 573.025. Rights of Persons Apprehended, Detained, or Transported for Emergency Detention

Sec.  573.025.  RIGHTS OF PERSONS APPREHENDED, DETAINED, OR TRANSPORTED FOR EMERGENCY DETENTION.  (a)  A person apprehended, detained, or transported for emergency detention under this chapter has the right:(1)  to be advised of the location of detention, the reasons for the detention, and the fact that the detention could result in a longer period of involuntary commitment;(2)  to a reasonable opportunity to communicate with and retain an attorney;(3)  to be transported to a location as provided by Section 573.024 if the person is not admitted for emergency detention, unless the person is arrested or objects;(4)  to be released from a facility as provided by Section 573.023;(5)  to be advised that communications with a mental health professional may be used in proceedings for further detention;(6)  to be transported in accordance with Sections 573.026 and 574.045, if the person is detained under Section 573.022 or transported under an order of protective custody under Section 574.023; and(7)  to a reasonable opportunity to communicate with a relative or other responsible person who has a proper interest in the person's welfare.(b)  A person apprehended, detained, or transported for emergency detention under this subtitle shall be informed of the rights provided by this section and this subtitle:(1)  orally in simple, nontechnical terms, within 24 hours after the time the person is admitted to a facility, and in writing in the person's primary language if possible; or(2)  through the use of a means reasonably calculated to communicate with a hearing or visually impaired person, if applicable.(c)  The executive commissioner by rule shall prescribe the manner in which the person is informed of the person's rights under this section and this subtitle.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 1512, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 692, Sec. 10, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 318 (H.B. 1738), Sec. 4, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1370, eff. April 2, 2015.|
TX Health & Safety Code § 573.026 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 573 - Emergency Detention|Subchapter C. Emergency Detention, Release, and Rights|Section 573.026. Transportation After Detention

Sec. 573.026.  TRANSPORTATION AFTER DETENTION.  A person being transported after detention under Section 573.022 shall be transported in accordance with Section 574.045.|Added by Acts 1999, 76th Leg., ch. 1512, Sec. 3, eff. Sept. 1, 1999.|
TX Health & Safety Code § 574.001 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter A. Application for Commitment and Prehearing Procedures|Section 574.001. Application for Court-Ordered Mental Health Services

Sec. 574.001.  APPLICATION FOR COURT-ORDERED MENTAL HEALTH SERVICES.  (a)  A county or district attorney or other adult may file a sworn written application for court-ordered mental health services.  Only the district or county attorney may file an application that is not accompanied by a certificate of medical examination.(b)  Except as provided by Subsection (f), the application must be filed with the county clerk in the county in which the proposed patient:(1)  resides;(2)  is found;  or(3)  is receiving mental health services by court order or under Subchapter A, Chapter 573.(c)  If the application is not filed in the county in which the proposed patient resides, the court may, on request of the proposed patient or the proposed patient's attorney and if good cause is shown, transfer the application to that county.(d)  An application may be transferred to the county in which the person is being detained under Subchapter B  if the county to which the application is to be transferred approves such transfer.  A transfer under this subsection does not preclude the proposed patient from filing a motion to transfer under Subsection (c).(e)  An order transferring a criminal defendant against whom all charges have been dismissed to the appropriate court for a hearing on court-ordered mental health services in accordance with Subchapter F, Chapter 46B, Code of Criminal Procedure, serves as an application under this section.  The order must state that all charges have been dismissed.(f)  An application in which the proposed patient is a child in the custody of the Texas Juvenile Justice Department may be filed in the county in which the child's commitment to the Texas Juvenile Justice Department was ordered.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 770, Sec. 4, eff. June 16, 1995;  Acts 1997, 75th Leg., ch. 1086, Sec. 38, eff. June 19, 1997;  Acts 2003, 78th Leg., ch. 35, Sec. 10, eff. Jan. 1, 2004.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1371, eff. April 2, 2015.|
TX Health & Safety Code § 574.002 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter A. Application for Commitment and Prehearing Procedures|Section 574.002. Form of Application

Sec. 574.002.  FORM OF APPLICATION.  (a)  An application for court-ordered mental health services must be styled using the proposed patient's initials and not the proposed patient's full name.(b)  The application must state whether the application is for temporary or extended mental health services.  An application for extended inpatient mental health services must state that the person has received court-ordered inpatient mental health services under this subtitle or under Subchapter D or E, Chapter 46B, Code of Criminal Procedure, for at least 60 consecutive days during the preceding 12 months.  An application for extended outpatient mental health services must state that the person has received:(1)  court-ordered inpatient mental health services under this subtitle or under Subchapter D or E, Chapter 46B, Code of Criminal Procedure, for a total of at least 60 days during the preceding 12 months; or(2)  court-ordered outpatient mental health services under this subtitle or under Subchapter D or E, Chapter 46B, Code of Criminal Procedure, during the preceding 60 days.(c)  Any application must contain the following information according to the applicant's information and belief:(1)  the proposed patient's name and address;(2)  the proposed patient's county of residence in this state;(3)  a statement that the proposed patient is a person with mental illness and meets the criteria in Section 574.034, 574.0345, 574.035, or 574.0355 for court-ordered mental health services; and(4)  whether the proposed patient is charged with a criminal offense.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 35, Sec. 11, eff. Jan. 1, 2004.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 166 (S.B. 118), Sec. 2, eff. September 1, 2011.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1372, eff. April 2, 2015.Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 8, eff. September 1, 2019.|
TX Health & Safety Code § 574.003 (2021)
2021 Texas Statutes|Health and Safety Code|Title 7 - Mental Health and Intellectual Disability|Subtitle C - Texas Mental Health Code|Chapter 574 - Court-Ordered Mental Health Services|Subchapter A. Application for Commitment and Prehearing Procedures|Section 574.003. Appointment of Attorney

Sec. 574.003.  APPOINTMENT OF ATTORNEY.  (a)  The judge shall appoint an attorney to represent a proposed patient within 24 hours after the time an application for court-ordered mental health services is filed if the proposed patient does not have an attorney.  At that time, the judge shall also appoint a language or sign interpreter if necessary to ensure effective communication with the attorney in the proposed patient's primary language.(b)  The court shall inform the attorney in writing of the attorney's duties under Section 574.004.(c)  The proposed patient's attorney shall be furnished with all records and papers in the case and is entitled to have access to all hospital and physicians' records.|Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.|