reglab/housing_qa huggingface dataset:
TX Health & Safety Code § 81.158 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies|Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies|Subchapter G. Court Orders for Management of Persons With Communicable Diseases|Section 81.158. Affidavit of Medical Evaluation

Sec. 81.158.  AFFIDAVIT OF MEDICAL EVALUATION.  (a)  An affidavit of medical evaluation must be dated and signed by the commissioner or the commissioner's designee, or by a health authority with the concurrence of the commissioner or the commissioner's designee.  The certificate must include:(1)  the name and address of the examining physician, if applicable; (2)  the name and address of the person examined or to be examined; (3)  the date and place of the examination, if applicable; (4)  a brief diagnosis of the examined person's physical and mental condition, if applicable; (5)  the period, if any, during which the examined person has been under the care of the examining physician; (6)  an accurate description of the health treatment, if any, given by or administered under the direction of the examining physician;  and(7)  the opinion of the health authority or department and the reason for that opinion, including laboratory reports, that:(A)  the examined person is infected with or is reasonably suspected of being infected with a communicable disease that presents a threat to public health;  and(B)  as a result of that communicable disease the examined person:(i)  is likely to cause serious harm to himself;  or(ii)  will, if not examined, observed, or treated, continue to endanger public health.(b)  The department or health authority must specify in the affidavit each criterion listed in Subsection (a)(7)(B) that in the opinion of the department or health authority applies to the person.(c)  If the affidavit is offered in support of an application for extended management, the affidavit must also include the department's or health authority's opinion that the examined person's condition is expected to continue for more than 90 days.(d)  If the affidavit is offered in support of a motion for a protective custody order, the affidavit must also include the department's or health authority's opinion that the examined person presents a substantial risk of serious harm to himself or others if not immediately restrained.  The harm may be demonstrated by the examined person's behavior to the extent that the examined person cannot remain at liberty.(e)  The affidavit must include the detailed basis for each of the department's or health authority's opinions under this section.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 81.159 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies|Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies|Subchapter G. Court Orders for Management of Persons With Communicable Diseases|Section 81.159. Designation of Facility

Sec. 81.159.  DESIGNATION OF FACILITY.  (a)  The commissioner shall designate health care facilities throughout the state that are capable of providing services for the examination, observation, isolation, or treatment of persons having or suspected of having a communicable disease.  However, the commissioner may not designate:(1)  a nursing facility or custodial care home required to be licensed under Chapter 242; or(2)  an ICF-IID required to be licensed under Chapter 252.(b)  The health authority shall select a designated facility in the county in which the application is filed.  If no facility is designated in the county, the commissioner shall select the facility.(c)  This section does not relieve a county of its responsibility under other provisions of this chapter or applicable law for providing health care services.(d)  A designated facility must comply with this section only to the extent that the commissioner determines that the facility has sufficient resources to perform the necessary services.(e)  This section does not apply to a person for whom treatment in a private health facility is proposed.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 6, eff. May 23, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.07, eff. September 1, 2007.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0242, eff. April 2, 2015.|
TX Health & Safety Code § 81.160 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies|Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies|Subchapter G. Court Orders for Management of Persons With Communicable Diseases|Section 81.160. Liberty Pending Hearing

Sec. 81.160.  LIBERTY PENDING HEARING.  The person who is the subject of an application for management is entitled to remain at liberty pending the hearing on the application unless the person is detained under an appropriate provision of this chapter.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 81.161 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies|Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies|Subchapter G. Court Orders for Management of Persons With Communicable Diseases|Section 81.161. Motion for Order of Protective Custody

Sec. 81.161.  MOTION FOR ORDER OF PROTECTIVE CUSTODY.  (a)  A motion for an order of protective custody may be filed only in the court in which an application for a court order for the management of a person with a communicable disease is pending.(b)  The motion may be filed by the municipal, county, or district attorney on behalf of the health authority.  The motion shall be filed by the attorney general at the request of the department.(c)  The motion must state that:(1)  the department or health authority has reason to believe and does believe that the person meets the criteria authorizing the court to order protective custody;  and(2)  the belief is derived from:(A)  the representations of a credible person; (B)  the conduct of the person who is the subject of the motion;  or(C)  the circumstances under which the person is found.(d)  The motion must be accompanied by an affidavit of medical evaluation.(e)  The judge of the court in which the application is pending may designate a magistrate to issue protective custody orders in the judge's absence.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 7, eff. May 23, 1997.|
TX Health & Safety Code § 81.163 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies|Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies|Subchapter G. Court Orders for Management of Persons With Communicable Diseases|Section 81.163. Apprehension Under Order

Sec. 81.163.  APPREHENSION UNDER ORDER.  (a)  A protective custody order shall direct a peace officer, including a sheriff or constable, to take the person who is the subject of the order into protective custody and transport the person immediately to an appropriate inpatient health facility that has been designated by the commissioner as a suitable place.(b)  If an appropriate inpatient health facility is not available, the person shall be transported to a facility considered suitable by the health authority.(c)  The person shall be detained in the facility until a hearing is held under Section 81.165.(d)  A facility must comply with this section only to the extent that the commissioner determines that the facility has sufficient resources to perform the necessary services.(e)  A person may not be detained in a private health facility without the consent of the head of the facility.(f)  A protective custody order issued under Section 81.162 may direct an emergency medical services provider to provide an ambulance and staff to immediately transport the person who is the subject of the order to an appropriate inpatient health facility designated by the order or other suitable facility.  The provider may seek reimbursement for the costs of the transport from any appropriate source.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 314 (H.B. 1690), Sec. 6, eff. June 14, 2013.|
TX Health & Safety Code § 81.164 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies|Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies|Subchapter G. Court Orders for Management of Persons With Communicable Diseases|Section 81.164. Appointment of Attorney

Sec. 81.164.  APPOINTMENT OF ATTORNEY.  (a)  The judge or designated magistrate shall appoint an attorney to represent a person who is the subject of a protective custody order who does not have an attorney when the order is signed.(b)  Within a reasonable time before a hearing is held under Section 81.165, the court that ordered the protective custody shall provide the person and the person's attorney with a written notice that states:(1)  that the person has been placed under a protective custody order; (2)  the grounds for the order;  and(3)  the time and place of the hearing to determine probable cause.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.|
TX Health & Safety Code § 81.166 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies|Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies|Subchapter G. Court Orders for Management of Persons With Communicable Diseases|Section 81.166. Order for Continued Detention

Sec. 81.166.  ORDER FOR CONTINUED DETENTION.  (a)  The magistrate or master shall order that a person remain in protective custody if the magistrate or master determines after the hearing that an adequate factual basis exists for probable cause to believe that the person presents a substantial risk of serious harm to himself or others to the extent that the person cannot remain at liberty pending the hearing on the application.(b)  The magistrate or master shall arrange for the person to be returned to the health facility or other suitable place, along with copies of the affidavits and other material submitted as evidence in the hearing and the notification prepared as prescribed by Subsection (d).(c)  A copy of the notification of probable cause hearing and the supporting evidence shall be filed with the district court that entered the original order of protective custody.(d)  The notification of probable cause hearing shall read as follows:(Style of Case)NOTIFICATION OF PROBABLE CAUSE HEARINGOn this the _____ day of _________________, 20__, the undersigned hearing officer heard evidence concerning the need for protective custody of ___________ (hereinafter referred to as proposed patient).  The proposed patient was given the opportunity to challenge the allegations that the proposed patient presents a substantial risk of serious harm to self or others.The proposed patient and the proposed patient's attorney _________________________ have been given written notice that the proposed patient was placed under an order of protective custody and the reasons for such order on ___________ (date of notice).I have examined the affidavit of medical evaluation and ________________ (other evidence considered).  Based on this evidence, I find that there is probable cause to believe that the proposed patient presents a substantial risk of serious harm to self (yes ____ or no ____) or others (yes ____ or no ____) such that the proposed patient cannot be at liberty pending final hearing because the proposed patient is infected with or is reasonably suspected of being infected with a communicable disease that presents an immediate threat to the public health and the proposed patient has failed or refused to comply with the orders of the health authority or the Department of State Health Services delivered on __________ (date of service) ____________.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0243, eff. April 2, 2015.|
TX Health & Safety Code § 81.167 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies|Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies|Subchapter G. Court Orders for Management of Persons With Communicable Diseases|Section 81.167. Detention in Protective Custody

Sec. 81.167.  DETENTION IN PROTECTIVE CUSTODY.  (a)  The head of a facility or the facility head's designee shall detain a person under a protective custody order in the facility pending a court order for the management of a person with a communicable disease or until the person is released or discharged under Section 81.168.(b)  A person under a protective custody order shall be detained in an appropriate inpatient health facility that has been designated by the commissioner or by a health authority and selected by the health authority under Section 81.159.(c)  A person under a protective custody order may be detained in a nonmedical facility used to detain persons who are charged with or convicted of a crime only with the consent of the medical director of the facility and only if the facility has respiratory isolation capability for airborne communicable diseases.  The person may not be detained in a nonmedical facility under this subsection for longer than 72 hours, excluding Saturdays, Sundays, legal holidays, the period prescribed by Section 81.165(b) for an extreme weather emergency, and the duration of a public health disaster.  The person must be isolated from any person who is charged with or convicted of a crime.(d)  The health authority shall ensure that proper isolation methods are used and medical care is made available to a person who is detained in a nonmedical facility under Subsection (c).|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 8, eff. May 23, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.10, eff. September 1, 2007.|
TX Health & Safety Code § 81.168 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies|Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies|Subchapter G. Court Orders for Management of Persons With Communicable Diseases|Section 81.168. Release From Detention

Sec. 81.168.  RELEASE FROM DETENTION.  (a)  The magistrate or master shall order the release of a person under a protective custody order if the magistrate or master determines after the hearing under Section 81.165 that no probable cause exists to believe that the person presents a substantial risk of serious harm to himself or others.(b)  Arrangements shall be made to return a person released under Subsection (a) to:(1)  the location at which the person was apprehended; (2)  the person's place of residence in this state;  or(3)  another suitable location.(c)  The head of a facility shall discharge a person held under a protective custody order if:(1)  the head of the facility does not receive notice within 72 hours after detention begins, excluding Saturdays, Sundays, legal holidays, the period prescribed by Section 81.165(b) for an extreme weather emergency, and the duration of a public health disaster, that a probable cause hearing was held and the person's continued detention was authorized;(2)  a final court order for the management of a person with a communicable disease has not been entered within the time prescribed by Section 81.154; or(3)  the health authority or commissioner determines that the person no longer meets the criteria for protective custody prescribed by Section 81.162.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.Amended by: Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.11, eff. September 1, 2007.|
TX Health & Safety Code § 81.169 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies|Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies|Subchapter G. Court Orders for Management of Persons With Communicable Diseases|Section 81.169. General Provisions Relating to Hearing

Sec. 81.169.  GENERAL PROVISIONS RELATING TO HEARING.  (a)  Except as provided by Subsection (b), the judge may hold a hearing on an application for a court order for the management of a person with a communicable disease at any suitable location in the county.  The hearing should be held in a physical setting that is not likely to have a harmful effect on the public or the person.(b)  On the request of the person or the person's attorney, the hearing on the application shall be held in the county courthouse.(c)  The health authority shall advise the court on appropriate control measures to prevent the transmission of the communicable disease alleged in the application.(d)  The person is entitled to be present at the hearing.  The person or the person's attorney may waive this right.(e)  The hearing must be open to the public unless the person or the person's attorney requests that the hearing be closed and the judge determines that there is good cause to close the hearing.(f)  The Texas Rules of Evidence apply to the hearing unless the rules are inconsistent with this chapter.(g)  The court may consider the testimony of a nonphysician health professional in addition to medical testimony.(h)  The hearing is on the record, and the state must prove each element of the application criteria by clear and convincing evidence.(i)  Notwithstanding Subsection (d), if the health authority advises the court that the person must remain in isolation or quarantine and that exposure to the judge, jurors, or the public would jeopardize the health and safety of those persons and the public health, a judge may order that a person entitled to a hearing may not appear in person and may appear only by teleconference or another means that the judge finds appropriate to allow the person to speak, to interact with witnesses, and to confer with the person's attorney.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.0001, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.12, eff. September 1, 2007.|
TX Health & Safety Code § 81.170 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies|Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies|Subchapter G. Court Orders for Management of Persons With Communicable Diseases|Section 81.170. Right to Jury

Sec. 81.170.  RIGHT TO JURY.  (a)  A hearing for temporary management must be before the court unless the person or the person's attorney requests a jury.(b)  A hearing for extended management must be before a jury unless the person or the person's attorney waives the right to a jury.(c)  A waiver of the right to a jury must be in writing, under oath, and signed by the person and the person's attorney.(d)  The court may permit a waiver of the right to a jury to be withdrawn for good cause shown.  The withdrawal must be made at least seven days before the date on which the hearing is scheduled.(e)  A court may not require a jury fee.(f)  The jury shall determine if the person is infected with or is reasonably suspected of being infected with a communicable disease that presents a threat to the public health and, if the application is for inpatient treatment, has refused or failed to follow the orders of the health authority.  The jury may not make a finding about the type of services to be provided to the person.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 9, eff. May 23, 1997.|
TX Health & Safety Code § 81.171 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies|Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies|Subchapter G. Court Orders for Management of Persons With Communicable Diseases|Section 81.171. Release After Hearing

Sec. 81.171.  RELEASE AFTER HEARING.  (a)  The court shall enter an order denying an application for a court order for temporary or extended management if after a hearing the judge or jury fails to find, from clear and convincing evidence, that the person:(1)  is infected with or is reasonably suspected of being infected with a communicable disease that presents a threat to the public health;(2)  has refused or failed to follow the orders of the health authority if the application is for inpatient treatment;  and(3)  meets the applicable criteria for orders for the management of a person with a communicable disease.(b)  If the court denies the application, the court shall order the immediate release of a person who is not at liberty.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 10, eff. May 23, 1997.|
TX Health & Safety Code § 81.172 (2021)
2021 Texas Statutes|Health and Safety Code|Title 2 - Health|Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies|Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies|Subchapter G. Court Orders for Management of Persons With Communicable Diseases|Section 81.172. Order for Temporary Management

Sec. 81.172.  ORDER FOR TEMPORARY MANAGEMENT.  (a)  The judge or jury may determine that a person requires court-ordered examination, observation, isolation, or treatment only if the judge or jury finds, from clear and convincing evidence, that:(1)  the person is infected with or is reasonably suspected of being infected with a communicable disease that presents a threat to the public health and, if the application is for inpatient treatment, has failed or refused to follow the orders of the health authority or department;  and(2)  as a result of the communicable disease the person:(A)  is likely to cause serious harm to himself;  or(B)  will, if not examined, observed, isolated, or treated, continue to endanger public health.(b)  The judge or jury must specify each criterion listed in Subsection (a)(2) that forms the basis for the decision.(c)  The person or the person's attorney, by a written document filed with the court, may waive the right to cross-examine witnesses, and the court may admit, as evidence, the affidavit of medical evaluation.  The affidavit admitted under this subsection constitutes competent medical testimony, and the court may make its findings solely from the affidavit.(d)  An order for temporary management shall state that examinations, treatment, and surveillance are authorized for a period not longer than 90 days.(e)  The department, with the cooperation of the head of the facility, shall submit to the court a general program of treatment to be provided.  The program must be submitted not later than the 14th day after the date the order is issued and must be incorporated into the court order.|Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 11, eff. May 23, 1997.|