reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.0838. Use of Restraints

Sec. 841.0838.  USE OF RESTRAINTS.  (a)  An employee of the office, or a person who contracts with the office or an employee of that person, may use mechanical restraints on a committed person residing in a civil commitment center or while transporting a committed person who resides at the center only if:
(1)  the employee or person completes a training program approved by the office on the use of mechanical restraints that:
(A)  includes instruction on the office's approved mechanical restraint techniques and devices and the office's verbal de-escalation policies, procedures, and practices; and
(B)  requires the employee or person to demonstrate competency in the use of the mechanical restraint techniques and devices; and
(2)  the mechanical restraint is:
(A)  considered necessary to maintain the safety and security of the center or staff;
(B)  considered necessary to maintain the safety of the public; and
(C)  the least restrictive restraint necessary, used for the minimum duration necessary.
(b)  An employee of the office, or a person who contracts with the office or an employee of that person, may use chemical restraints on a committed person residing in a civil commitment center or while transporting a committed person who resides at the center only if:
(1)  the employee or person completes a training program approved by the office on the use of chemical restraints that:
(A)  includes instruction on the office's approved chemical restraint techniques and devices and the office's verbal de-escalation policies, procedures, and practices; and
(B)  requires the employee or person to demonstrate competency in the use of chemical restraint techniques and devices; and
(2)  the chemical restraint is:
(A)  used as a last resort;
(B)  necessary to prevent or stop:
(i)  physical injury to the committed person or another;
(ii)  threatening behavior by the committed person;
(iii)  a disturbance by a group of committed persons; or
(iv)  an absconsion from the center; and
(C)  the least restrictive restraint necessary, used for the minimum duration necessary, to prevent injury, property damage, or absconsion.
(c)  The office shall develop procedures governing the use of mechanical or chemical restraints on committed persons.
Added by Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 21, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 24, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.084. Payment of Costs by Committed Person

Sec. 841.084.  PAYMENT OF COSTS BY COMMITTED PERSON.  (a)  Notwithstanding Section 841.146(c), a civilly committed person who is not indigent:
(1)  is responsible for the cost of:
(A)  housing and treatment provided under this chapter;
(B)  the tracking service required by Section 841.082; and
(C)  repairs to or replacement of the tracking equipment required by Section 841.082, if the person intentionally caused the damage to or loss of the equipment, as determined by the office; and
(2)  shall pay to the office:
(A)  a monthly amount that the office determines will be necessary to defray the cost of providing the housing, treatment, and service with respect to the person; and
(B)  as directed by the office, any amount for which the person is responsible under Subdivision (1)(C).
(b)  Money collected under this section shall be deposited to the credit of the account from which the costs were originally paid.
(c)  A committed person, on request, shall provide to the office any financial records or other information regarding the person's income, assets, and expenses to assist the office in determining whether the person is indigent for purposes of this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.13, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 10, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 17, eff. June 17, 2015.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 22, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 431 (S.B. 906), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.0845. Notice of Intent Regarding New Residence or Facility

Sec. 841.0845.  NOTICE OF INTENT REGARDING NEW RESIDENCE OR FACILITY.  (a)  The office shall provide advance notice of any intent to house one or more committed persons at a new residence or facility that has not previously served as housing for committed persons under this chapter.
(b)  A vendor shall provide advance notice of any intent to submit a proposal to the office for the construction or renovation of a residence or facility that will serve as a new location for housing committed persons under this chapter.
(c)  Notice must be provided in writing to each member of the legislature who represents a district containing territory in the affected county as follows:
(1)  by a vendor, not later than the 30th day before the date that the vendor will submit a proposal described by Subsection (b) to the office; and
(2)  by the office:
(A)  as soon as practicable after awarding a contract for the construction or renovation of a residence or facility that will serve as a new location for housing committed persons under this chapter; or
(B)  if a construction or renovation contract is unnecessary for the purpose, not later than the 30th day before the date that the residence or facility will first be used as housing for committed persons under this chapter, except as provided by Subsection (d).
(d)  The office may provide notice required by Subsection (c)(2)(B) not later than 72 hours before transferring a committed person to the residence or facility if the transfer is necessary due to:
(1)  a medical emergency;
(2)  a serious behavioral or health and safety issue; or
(3)  release from a secure correctional facility.
Added by Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 18, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.085. Criminal Penalty; Prosecution of Offense

Sec. 841.085.  CRIMINAL PENALTY; PROSECUTION OF OFFENSE.  (a)  A person commits an offense if, after having been adjudicated and civilly committed as a sexually violent predator under this chapter, the person violates a civil commitment requirement imposed under Section 841.082(a)(1), (2), (4), or (5).
(b)  An offense under this section is a felony of the third degree.
(c)  On request of the local prosecuting attorney, the special prosecution unit may assist in the trial of an offense under this section.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1219 (H.B. 2034), Sec. 8, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 19, eff. June 17, 2015.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 39(2), eff. June 17, 2015.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 23, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter F. Commitment Review › Section 841.101. Biennial Examination

Sec. 841.101.  BIENNIAL EXAMINATION.  (a)  A person committed under Section 841.081 shall receive a biennial examination.  The office shall contract for an expert to perform the examination.
(b)  In preparation for a judicial review conducted under Section 841.102, the office shall provide a report of the biennial examination to the judge and to the person.  The report must include consideration of whether to modify a requirement imposed on the person under this chapter and whether to release the person from all requirements imposed on the person under this chapter.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 11, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 20, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter F. Commitment Review › Section 841.102. Biennial Review

Sec. 841.102.  BIENNIAL REVIEW.  (a)  Not later than the 60th day after the date of receipt of the report submitted under Section 841.101, the judge shall conduct a biennial review of the status of the committed person and issue an order concluding the review or setting a hearing under Subsection (c).
(b)  The person is entitled to be represented by counsel at the biennial review, but the person is not entitled to be present at that review.
(c)  The judge shall set a hearing if the judge determines by a preponderance of the evidence at the biennial review that:
(1)  a requirement imposed on the person under this chapter should be modified; or
(2)  the person's behavioral abnormality has changed to the extent that the person is no longer likely to engage in a predatory act of sexual violence.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 21, eff. June 17, 2015.
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 25, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter F. Commitment Review › Section 841.103. Hearing

Sec. 841.103.  HEARING.  (a)  At a hearing set by the judge under Section 841.102, the person and the state are entitled to an immediate examination of the person by an expert.
(b)  If the hearing is set under Section 841.102(c)(1), hearsay evidence is admissible if it is considered otherwise reliable by the judge.
(c)  If the hearing is set under Section 841.102(c)(2), the committed person is entitled to be present and to have the benefit of all constitutional protections provided to the person at the initial civil commitment proceeding.  On the request of the person or the attorney representing the state, the court shall conduct the hearing before a jury.  The burden of proof at that hearing is on the state to prove beyond a reasonable doubt that the person's behavioral abnormality has not changed to the extent that the person is no longer likely to engage in a predatory act of sexual violence.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter G. Petition for Release › Section 841.121. Authorized Petition for Release

Sec. 841.121.  AUTHORIZED PETITION FOR RELEASE.  (a)  If the office determines that the committed person's behavioral abnormality has changed to the extent that the person is no longer likely to engage in a predatory act of sexual violence, the office shall authorize the person to petition the court for release.
(b)  The petitioner shall serve a petition under this section on the court and the attorney representing the state.
(c)  The judge shall set a hearing on a petition under this section not later than the 30th day after the date the judge receives the petition.  The petitioner and the state are entitled to an immediate examination of the petitioner by an expert.
(d)  On request of the petitioner or the attorney representing the state, the court shall conduct the hearing before a jury.
(e)  The burden of proof at the hearing is on the state to prove beyond a reasonable doubt that the petitioner's behavioral abnormality has not changed to the extent that the petitioner is no longer likely to engage in a predatory act of sexual violence.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 22, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter G. Petition for Release › Section 841.122. Right to File Unauthorized Petition for Release

Sec. 841.122.  RIGHT TO FILE UNAUTHORIZED PETITION FOR RELEASE.  On a person's commitment and annually after that commitment, the office shall provide the person with written notice of the person's right to file with the court and without the office's authorization a petition for release.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 23, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter G. Petition for Release › Section 841.123. Review of Unauthorized Petition for Release

Sec. 841.123.  REVIEW OF UNAUTHORIZED PETITION FOR RELEASE.  (a)  If the committed person files a petition for release without the office's authorization, the person shall serve the petition on the court, the attorney representing the state, and the office.
(b)  The judge shall review and issue a ruling on a petition for release filed by the committed person without the office's authorization not later than the 60th day after the date of filing of the petition.
(c)  Except as provided by Subsection (d), the judge shall deny without a hearing a petition for release filed without the office's authorization if:
(1)  the judge determines by a preponderance of the evidence that the petitioner's behavioral abnormality has not changed to the extent that the petitioner is no longer likely to engage in a predatory act of sexual violence; or
(2)  the petitioner has filed the petition for release before the 180th day after the date an order was entered under Subchapter D or F or a previous order was entered under this section.
(d)  The judge is not required to deny a petition under Subsection (c)(2) if the judge determines by a preponderance of the evidence that the petitioner's behavioral abnormality has changed to the extent that the petitioner is no longer likely to engage in a predatory act of sexual violence.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 24, eff. June 17, 2015.
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 26, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter G. Petition for Release › Section 841.124. Hearing on Unauthorized Petition for Release

Sec. 841.124.  HEARING ON UNAUTHORIZED PETITION FOR RELEASE.  (a)  If as authorized by Section 841.123 the judge does not deny a petition for release filed by the committed person without the office's authorization, the judge shall conduct a hearing on the petition not later than the 60th day after the date of filing of the petition.
(b)  The petitioner and the state are entitled to an immediate examination of the person by an expert.
(c)  On request of the petitioner or the attorney representing the state, the court shall conduct the hearing before a jury.
(d)  The burden of proof at the hearing is on the state to prove beyond a reasonable doubt that the petitioner's behavioral abnormality has not changed to the extent that the petitioner is no longer likely to engage in a predatory act of sexual violence.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 25, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter H. Miscellaneous Provisions › Section 841.141. Rulemaking Authority

Sec. 841.141.  RULEMAKING AUTHORITY.  (a)  The office by rule shall administer this chapter.  Rules adopted by the office under this section must be consistent with the purposes of this chapter.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 40(2), eff. September 1, 2017.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 12, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 26, eff. June 17, 2015.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 40(2), eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter H. Miscellaneous Provisions › Section 841.142. Release or Exchange of Information

Sec. 841.142.  RELEASE OR EXCHANGE OF INFORMATION.  (a)  To protect the public and to enable an assessment or determination relating to whether a person is a sexually violent predator, any entity that possesses relevant information relating to the person shall release the information to an entity charged with making an assessment or determination under this chapter.
(b)  To protect the public and to enable the provision of supervision and treatment to a person who is a sexually violent predator, any entity that possesses relevant information relating to the person shall release the information to the office.
(c)  On the written request of any attorney for another state or for a political subdivision in another state, the Texas Department of Criminal Justice, the office, a service provider contracting with one of those agencies, the multidisciplinary team, and the applicable attorney representing the state shall release to the attorney any available information relating to a person that is sought in connection with an attempt to civilly commit the person as a sexually violent predator in another state.
(d)  To protect the public and to enable an assessment or determination relating to whether a person is a sexually violent predator or to enable the provision of supervision and treatment to a person who is a sexually violent predator, the Texas Department of Criminal Justice, the office, a service provider contracting with one of those agencies, the multidisciplinary team, and the applicable attorney representing the state may exchange any available information relating to the person.
(e)  Information subject to release or exchange under this section includes information relating to the supervision, treatment, criminal history, or physical or mental health of the person, as appropriate, regardless of whether the information is otherwise confidential and regardless of when the information was created or collected.  The person's consent is not required for release or exchange of information under this section.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 347, Sec. 27, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 13, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 27, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter H. Miscellaneous Provisions › Section 841.143. Report, Record, or Statement Submitted to Court

Sec. 841.143.  REPORT, RECORD, OR STATEMENT SUBMITTED TO COURT.  (a)  A psychological report, drug and alcohol report, treatment record, diagnostic report, medical record, or victim impact statement submitted to the court under this chapter is part of the record of the court.
(b)  Notwithstanding Subsection (a), the report, record, or statement must be sealed and may be opened only:
(1)  on order of the judge;
(2)  as provided by this chapter;  or
(3)  in connection with a criminal proceeding as otherwise provided by law.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter H. Miscellaneous Provisions › Section 841.144. Counsel

Sec. 841.144.  COUNSEL.  (a)  Immediately after the filing of a petition under Section 841.041, a person subject to a civil commitment proceeding under this chapter is entitled to the assistance of counsel at all stages of the proceeding.
(b)  If the person is indigent, the court shall appoint counsel as appropriate under Section 841.005 to assist the person.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 347, Sec. 28, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter H. Miscellaneous Provisions › Section 841.145. Expert

Sec. 841.145.  EXPERT.  (a)  At the person's own expense, a person who is examined under this chapter may retain an expert to perform an examination or participate in a civil commitment proceeding on the person's behalf, including a biennial examination or other civil commitment proceeding to assess the person's status as a sexually violent predator.
(b)  On the request of an indigent person examined under this chapter, the judge shall determine whether expert services for the person are necessary.  If the judge determines that the services are necessary, the judge shall appoint an expert to perform an examination or participate in a civil commitment proceeding on the person's behalf and shall approve compensation for the expert as appropriate under Subsection (c).
(c)  The court shall approve reasonable compensation for expert services rendered on behalf of an indigent person on the filing of a certified compensation claim supported by a written statement specifying:
(1)  time expended on behalf of the person;
(2)  services rendered on behalf of the person;
(3)  expenses incurred on behalf of the person;  and
(4)  compensation received in the same case or for the same services from any other source.
(d)  The court shall ensure that an expert retained or appointed under this section has for purposes of examination reasonable access to a person examined under this chapter, as well as to all relevant medical and psychological records and reports.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 849 (S.B. 912), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter H. Miscellaneous Provisions › Section 841.146. Civil Commitment Proceeding; Procedure and Costs

Sec. 841.146.  CIVIL COMMITMENT PROCEEDING;  PROCEDURE AND COSTS.  (a)  On request, a person subject to a civil commitment proceeding under this chapter and the attorney representing the state are entitled to a jury trial or a hearing before a jury for that proceeding, except for a proceeding set by the judge under Section 841.102(c)(1).  The jury shall consist of 12 qualified jurors.  The judge may direct that not more than four jurors in addition to the regular jury be called and impaneled to sit as alternate jurors.  Each party is entitled to 10 peremptory challenges to the 12 qualified jurors and one peremptory challenge to the qualified alternate jurors.
(b)  Except as otherwise provided by this subsection, a civil commitment proceeding is subject to the rules of procedure and appeal for civil cases.  To the extent of any conflict between this chapter and the rules of procedure and appeal for civil cases, this chapter controls.
(c)  In an amount not to exceed $2,500, the State of Texas shall pay all costs associated with a civil commitment proceeding conducted under Subchapter D. The State of Texas shall pay the reasonable costs of state or appointed counsel or experts for any other civil commitment proceeding conducted under this chapter and shall pay the reasonable costs of the person's treatment and supervision.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 347, Sec. 29, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 28, eff. June 17, 2015.
Acts 2021, 87th Leg., R.S., Ch. 431 (S.B. 906), Sec. 10, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter H. Miscellaneous Provisions › Section 841.1461. Certain Expert Testimony Not Required for Civil Commitment of Sexually Violent Predator

Sec. 841.1461.  CERTAIN EXPERT TESTIMONY NOT REQUIRED FOR CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATOR.  A person who suffers from a behavioral abnormality as determined under this chapter is not because of that abnormality a person of unsound mind for purposes of Section 15-a, Article I, Texas Constitution.
Added by Acts 2003, 78th Leg., ch. 347, Sec. 30, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter H. Miscellaneous Provisions › Section 841.1462. Privilege for Personal Information That Identifies Victim

Sec. 841.1462.  PRIVILEGE FOR PERSONAL INFORMATION THAT IDENTIFIES VICTIM.  Personal information, including a home address, home telephone number, and social security account number, that identifies the victim of a person subject to a civil commitment proceeding under this chapter is privileged from discovery by that person.
Added by Acts 2003, 78th Leg., ch. 347, Sec. 30, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter H. Miscellaneous Provisions › Section 841.1463. Failure to Give Notice Within Relevant Period Not Jurisdictional Error

Sec. 841.1463.  FAILURE TO GIVE NOTICE WITHIN RELEVANT PERIOD NOT JURISDICTIONAL ERROR.  The periods within which notice must be given under this chapter are binding on all appropriate persons as provided by this chapter, but a failure to give notice within the relevant period is not a jurisdictional error.
Added by Acts 2003, 78th Leg., ch. 347, Sec. 30, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter H. Miscellaneous Provisions › Section 841.147. Immunity

Sec. 841.147.  IMMUNITY.  The following persons are immune from liability for good faith conduct under this chapter:
(1)  an employee or officer of the Texas Department of Criminal Justice or the office;
(2)  a member of the multidisciplinary team established under Section 841.022;
(3)  the applicable attorney representing the state and an employee of the attorney; and
(4)  a person providing, or contracting, appointed, or volunteering to perform, a tracking service or another service under this chapter.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 347, Sec. 31, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1219 (H.B. 2034), Sec. 9, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 14, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 29, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter H. Miscellaneous Provisions › Section 841.150. Effect of Subsequent Detention, Confinement, or Commitment on Order of Civil Commitment

Sec. 841.150.  EFFECT OF SUBSEQUENT DETENTION, CONFINEMENT, OR COMMITMENT ON ORDER OF CIVIL COMMITMENT.  (a)  The duties imposed on the office and the judge by this chapter are suspended for the duration of a detention or confinement of a committed person in a correctional facility, secure correctional facility, or secure detention facility, or if applicable any other commitment of the person to a community center, mental health facility, or state supported living center, by governmental action.
(b)  In this section:
(1)  "Community center" means a center established under Subchapter A, Chapter 534.
(2)  "Correctional facility" has the meaning assigned by Section 1.07, Penal Code.
(3)  "Mental health facility" has the meaning assigned by Section 571.003.
(4)  "Secure correctional facility" and "secure detention facility" have the meanings assigned by Section 51.02, Family Code.
(5)  "State supported living center" has the meaning assigned by Section 531.002.
Added by Acts 2003, 78th Leg., ch. 347, Sec. 30, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 849 (S.B. 912), Sec. 6, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 15, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1629, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 30, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter H. Miscellaneous Provisions › Section 841.151. Notice of Release of Sexually Violent Predator

Sec. 841.151.  NOTICE OF RELEASE OF SEXUALLY VIOLENT PREDATOR.  (a)  In this section:
(1)  "Correctional facility" has the meaning assigned by Section 1.07, Penal Code.
(2)  "Secure correctional facility" and "secure detention facility" have the meanings assigned by Section 51.02, Family Code.
(b)  This section applies to a person who has been civilly committed under this chapter and who is detained or confined in a correctional facility, secure correctional facility, or secure detention facility as a result of violating:
(1)  a civil commitment requirement imposed under Section 841.082(a)(1), (2), (4), or (5); or
(2)  a law of this state.
(c)  Except as provided by Subsection (c-1), as soon as practicable before, but not later than the third business day preceding, the date a correctional facility, secure correctional facility, or secure detention facility releases a person who, at the time of the person's detention or confinement, was civilly committed under this chapter as a sexually violent predator, the facility shall notify the office and the person's case manager in writing of the anticipated date and time of the person's release.
(c-1)  Subsection (c) does not apply with respect to a person whom a court orders to be immediately released from a correctional facility, secure correctional facility, or secure detention facility.
(d)  A case manager, on request, shall provide a correctional facility, a secure correctional facility, or a secure detention facility with the case manager's appropriate contact information for notification under Subsection (c).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 16, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 31, eff. June 17, 2015.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 24, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 431 (S.B. 906), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter H. Miscellaneous Provisions › Section 841.152. Certain Hearings by Closed-Circuit Video Teleconferencing Permitted

Sec. 841.152.  CERTAIN HEARINGS BY CLOSED-CIRCUIT VIDEO TELECONFERENCING PERMITTED.  (a)  Notwithstanding Section 841.103(c), on motion by the attorney representing the state, the court shall require a committed person to appear via closed-circuit video teleconferencing at a hearing on the modification of civil commitment requirements under Section 841.082 or a hearing under Subchapter F or G.
(b)  A recording of a hearing conducted as provided by Subsection (a) shall be made and preserved with the court's record of the hearing.
Added by Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 25, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter H. Miscellaneous Provisions › Section 841.153. State-Issued Identification; Necessary Documentation

Sec. 841.153.  STATE-ISSUED IDENTIFICATION; NECESSARY DOCUMENTATION.  (a)  On the release of a committed person from a correctional facility, secure correctional facility, or secure detention facility, as those terms are defined by Section 841.151, the office shall:
(1)  determine whether the person has:
(A)  a valid license issued under Chapter 521 or 522, Transportation Code; or
(B)  a valid personal identification certificate issued under Chapter 521, Transportation Code; and
(2)  if the person does not have a valid license or certificate described by Subdivision (1), submit to the Department of Public Safety on behalf of the person a request for the issuance of a personal identification certificate under Chapter 521, Transportation Code.
(b)  The office shall submit a request under Subsection (a)(2) as soon as practicable.
(c)  The office, the Department of Public Safety, and the vital statistics unit of the Department of State Health Services by rule shall adopt a memorandum of understanding that establishes their respective responsibilities with respect to the issuance of a personal identification certificate to a committed person, including responsibilities related to verification of the person's identity.  The memorandum of understanding must require the Department of State Health Services to electronically verify the birth record of a committed person whose name and any other personal information is provided by the office and to electronically report the recorded filing information to the Department of Public Safety to validate the identity of a committed person under this section.
(d)  The office shall reimburse the Department of Public Safety or the Department of State Health Services, as applicable, for the actual costs incurred by those agencies in performing responsibilities established under this section.  The office may charge a committed person for the actual costs incurred under this section or for the fees required by Section 521.421, Transportation Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 25, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter I. Administration of Certain Medication to Certain Sexually Violent Predators › Section 841.201. Definitions

Sec. 841.201.  DEFINITIONS.  In this subchapter:
(1)  "Capacity" means a committed person's ability to:
(A)  understand the nature and consequences of a proposed treatment, including the benefits, risks, and alternatives to the proposed treatment; and
(B)  make a decision whether to undergo the proposed treatment.
(2)  "Medication-related emergency" means a situation in which it is immediately necessary to administer medication to a committed person to prevent:
(A)  imminent probable death or substantial bodily harm to the committed person because the committed person:
(i)  overtly or continually is threatening or attempting to commit suicide or serious bodily harm; or
(ii)  is behaving in a manner that indicates that the committed person is unable to satisfy the committed person's need for nourishment, essential medical care, or self-protection; or
(B)  imminent physical or emotional harm to another because of threats, attempted acts, or acts the committed person overtly or continually makes or commits.
(3)  "Psychoactive medication" has the meaning assigned by Section 574.101.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 27, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter I. Administration of Certain Medication to Certain Sexually Violent Predators › Section 841.202. Administration of Medication to Committed Person

Sec. 841.202.  ADMINISTRATION OF MEDICATION TO COMMITTED PERSON.  A person may not administer a psychoactive medication to a committed person who refuses to take the medication voluntarily unless:
(1)  the committed person is having a medication-related emergency; or
(2)  the committed person is under an order issued under Section 841.205 authorizing the administration of medication regardless of the committed person's refusal.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 27, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter I. Administration of Certain Medication to Certain Sexually Violent Predators › Section 841.203. Physician's Application for Order to Authorize Psychoactive Medication; Date of Hearing

Sec. 841.203.  PHYSICIAN'S APPLICATION FOR ORDER TO AUTHORIZE PSYCHOACTIVE MEDICATION; DATE OF HEARING.  (a)  A physician who is treating a committed person may, on behalf of the state, file an application in a probate court or a court with probate jurisdiction for an order to authorize the administration of a psychoactive medication regardless of the committed person's refusal if:
(1)  the physician believes that the committed person lacks the capacity to make a decision regarding the administration of the psychoactive medication;
(2)  the physician determines that the medication is the proper course of treatment for the committed person;
(3)  the committed person is receiving mental health services under Section 841.0835 or other law; and
(4)  the committed person, verbally or by other indication, refuses to take the medication voluntarily.
(b)  An application filed under this section must state:
(1)  that the physician believes that the committed person lacks the capacity to make a decision regarding administration of the psychoactive medication and the reasons for that belief;
(2)  each medication the physician wants the court to compel the committed person to take;
(3)  whether the committed person is receiving mental health services under Section 841.0835 or other law;
(4)  the physician's diagnosis of the committed person; and
(5)  the proposed method for administering the medication and, if the method is not customary, an explanation justifying the departure from the customary methods.
(c)  An application filed under this section is separate from an application for court-ordered mental health services.
(d)  A hearing on the application must be held not later than the 30th day after the date the application was filed.  If the committed person is transferred to a mental health facility in another county, the court may transfer the application to the county where the committed person has been transferred.
(e)  Subject to the requirement in Subsection (d) that the hearing be held not later than the 30th day after the date the application was filed, the court may grant one continuance on a party's motion and for good cause shown.  The court may grant more than one continuance only with the agreement of the parties.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 27, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter I. Administration of Certain Medication to Certain Sexually Violent Predators › Section 841.204. Rights of Committed Person

Sec. 841.204.  RIGHTS OF COMMITTED PERSON.  A committed person for whom an application under Section 841.203 is filed is entitled to:
(1)  representation by a court-appointed attorney who is knowledgeable about issues to be adjudicated at the hearing;
(2)  meet with that attorney as soon as is practicable to prepare for the hearing and to discuss any of the committed person's questions or concerns;
(3)  receive, immediately after the time of the hearing is set, a copy of the application and written notice of the time, place, and date of the hearing;
(4)  be told, at the time personal notice of the hearing is given, of the committed person's right to a hearing and right to the assistance of an attorney to prepare for the hearing and to answer any questions or concerns;
(5)  be present at the hearing;
(6)  request from the court an independent expert; and
(7)  be notified orally, at the conclusion of the hearing, of the court's determinations of the committed person's capacity and best interests.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 27, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter I. Administration of Certain Medication to Certain Sexually Violent Predators › Section 841.206. Finding That Committed Person Presents a Danger

Sec. 841.206.  FINDING THAT COMMITTED PERSON PRESENTS A DANGER.  In making a finding under Section 841.205(b)(2) that the committed person presents a danger to the committed person or others in the civil commitment center in which the committed person is being treated, the court shall consider:
(1)  an assessment of the committed person's present mental condition;
(2)  whether the committed person has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical or emotional harm to the committed person's self or to another while in the center; and
(3)  whether the committed person, in the 180-day period preceding the date the committed person was placed in the center, has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical or emotional harm to another.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 27, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter I. Administration of Certain Medication to Certain Sexually Violent Predators › Section 841.207. Costs

Sec. 841.207.  COSTS.  (a)  The court shall order the payment of reasonable compensation to attorneys, physicians, language interpreters, sign interpreters, and associate judges appointed under this subchapter.  The compensation paid shall be assessed as court costs.
(b)  The agency responsible for services under Section 841.0835(a) shall pay as provided by Subsection (a) the costs of a hearing held under Section 841.205 regarding an order for the administration of psychoactive medication to a committed person.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 27, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter I. Administration of Certain Medication to Certain Sexually Violent Predators › Section 841.208. Appeal

Sec. 841.208.  APPEAL.  (a)  An appeal from an order issued under Section 841.205, or from a renewal or modification of an order, 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 issued.
(c)  When an appeal is filed, the clerk shall immediately send a certified transcript of the proceedings to the court of appeals.
(d)  An order issued under Section 841.205 is effective pending an appeal of the order.
(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 all rules relating to the time for filing briefs and docketing cases.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 27, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter I. Administration of Certain Medication to Certain Sexually Violent Predators › Section 841.209. Expiration of Order

Sec. 841.209.  EXPIRATION OF ORDER.  An order issued under Section 841.205 expires on the first anniversary of the date the order was issued.
Added by Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 27, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter A. General Provisions › Section 1001.001. Definitions

Sec. 1001.001.  DEFINITIONS.  In this title:
(1)  "Commission" means the Health and Human Services Commission.
(2)  "Commissioner" means the commissioner of state health services.
(3)  "Council" means the State Health Services Council.
(4)  "Department" means the Department of State Health Services.
(5)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1630, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 12 - Health and Mental Health › Chapter 1001 - Department of State Health Services › Subchapter A. General Provisions › Section 1001.002. Agency and Agency Functions

Sec. 1001.002.  AGENCY AND AGENCY FUNCTIONS.
Text of subsection effective until April 01, 2025
(a)  In this section, "function" includes a power, duty, program, or activity and an administrative support services function associated with the power, duty, program, or activity, unless consolidated under Section 531.02012, Government Code.
Text of subsection effective on April 01, 2025
(a)  In this section, "function" includes a power, duty, program, or activity and an administrative support services function associated with the power, duty, program, or activity, unless consolidated under former Section 531.02012, Government Code.
(b)  The department is an agency of the state.
Text of subsection effective until April 01, 2025
(c)  In accordance with Subchapter A-1, Chapter 531, Government Code, and notwithstanding any other law, the department performs only functions related to public health, including health care data collection and maintenance of the Texas Health Care Information Collection program.
Text of subsection effective on April 01, 2025
(c)  In accordance with former Subchapter A-1, Chapter 531, Government Code, and notwithstanding any other law, the department performs only functions related to public health, including health care data collection and maintenance of the Texas Health Care Information Collection program.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.09.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.16, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.65, eff. April 1, 2025.