reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.046. Release From Protective Custody

Sec. 593.046.  RELEASE FROM PROTECTIVE CUSTODY.  (a)  The administrator of a facility in which a person is held in protective custody shall discharge the person not later than the 20th day after the date on which custody begins if the court that issued the protective custody order has not issued further detention orders.
(b)  A facility administrator who believes that the person is a danger to himself or others shall immediately notify the court that issued the protective custody order of this belief.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.047. Setting on Application

Sec. 593.047.  SETTING ON APPLICATION.  On the filing of an application the court shall immediately set the earliest practicable date for a hearing to determine the appropriateness of the proposed commitment.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.048. Hearing Notice

Sec. 593.048.  HEARING NOTICE.  (a)  Not later than the 11th day before the date set for the hearing, a copy of the application, notice of the time and place of the hearing and, if appropriate, the order for the determination of an intellectual disability and interdisciplinary team report and recommendations shall be served on:
(1)  the proposed resident or the proposed resident's representative;
(2)  the parent if the proposed resident is a minor;
(3)  the guardian of the person; and
(4)  the department.
(b)  The notice must specify in plain and simple language:
(1)  the right to an independent determination of an intellectual disability under Section 593.007; and
(2)  the provisions of Sections 593.043, 593.047, 593.049, 593.050, and 593.053.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 14, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1446, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.049. Hearing Before Jury; Procedure

Sec. 593.049.  HEARING BEFORE JURY;  PROCEDURE.  (a)  On request of a party to the proceedings, or on the court's own motion, the hearing shall be before a jury.
(b)  The Texas Rules of Civil Procedure apply to the selection of the jury, the court's charge to the jury, and all other aspects of the proceedings and trial unless the rules are inconsistent with this subchapter.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.050. Conduct of Hearing

Sec. 593.050.  CONDUCT OF HEARING.  (a)  The hearing must be open to the public unless the proposed resident or the resident's representative requests that the hearing be closed and the judge determines that there is good cause to close the hearing.
(b)  The proposed resident is entitled to be present throughout the hearing.  If the court determines that the presence of the proposed resident would result in harm to the proposed resident, the court may waive the requirement in writing clearly stating the reason for the decision.
(c)  The proposed resident is entitled to and must be provided the opportunity to confront and cross-examine each witness.
(d)  The Texas Rules of Evidence apply.  The results of the determination of an intellectual disability and the current interdisciplinary team report and recommendations, except in the case of a long-term placement under Section 593.0511, shall be presented in evidence.
(e)  The party who filed the application has the burden to prove beyond a reasonable doubt that long-term placement of the proposed resident in a residential care facility is appropriate.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 15, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 1420, Sec. 10.007, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1447, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1145 (S.B. 944), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.051. Dismissal After Hearing

Sec. 593.051.  DISMISSAL AFTER HEARING.  If long-term placement in a residential care facility is not found to be appropriate, the court shall enter a finding to that effect, dismiss the application, and if appropriate, recommend application for admission to voluntary services under Subchapter B.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.0511. Long-Term Placement Without Interdisciplinary Team Recommendation

Sec. 593.0511.  LONG-TERM PLACEMENT WITHOUT INTERDISCIPLINARY TEAM RECOMMENDATION.  A court may commit a proposed resident to long-term placement in a residential care facility without an interdisciplinary team recommendation under Section 593.013 if the court determines beyond a reasonable doubt that the proposed resident meets the requirements for commitment to a residential care facility under Section 593.052.
Added by Acts 2023, 88th Leg., R.S., Ch. 1145 (S.B. 944), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.052. Order for Commitment

Sec. 593.052.  ORDER FOR COMMITMENT.  (a)  A proposed resident may not be committed to a residential care facility unless:
(1)  the proposed resident is a person with an intellectual disability;
(2)  a petition to the court to issue a commitment order by the guardian of the proposed resident or, if the proposed resident is a minor, the parent of the proposed resident or the current interdisciplinary team report and recommendations, if applicable, show that because of the proposed resident's intellectual disability, the proposed resident:
(A)  represents a substantial risk of physical impairment or injury to the proposed resident or others; or
(B)  is unable to provide for and is not providing for the proposed resident's most basic personal physical needs;
(3)  the proposed resident cannot be adequately and appropriately habilitated in an available, less restrictive setting; and
(4)  the residential care facility provides habilitative services, care, training, and treatment appropriate to the proposed resident's needs.
(b)  If it is determined that the requirements of Subsection (a) have been met and that long-term placement in a residential care facility is appropriate, the court shall commit the proposed resident for care, treatment, and training to a community center or the department when space is available in a residential care facility.
(c)  The court shall immediately send a copy of the commitment order to the department or community center.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1448, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1145 (S.B. 944), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.053. Decision

Sec. 593.053.  DECISION.  The court in each case shall promptly report in writing the decision and findings of fact.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.054. Not a Judgment of Incompetence

Sec. 593.054.  NOT A JUDGMENT OF INCOMPETENCE.  An order for commitment is not an adjudication of mental incompetency.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.055. Designation of Facility

Sec. 593.055.  DESIGNATION OF FACILITY.  If placement in a residential facility is necessary, preference shall be given to the facility nearest to the residence of the proposed resident unless:
(1)  space in the facility is unavailable;
(2)  the proposed resident, parent if the resident is a minor, or guardian of the person requests otherwise;  or
(3)  there are other compelling reasons.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.056. Appeal

Sec. 593.056.  APPEAL.  (a)  A party to a commitment proceeding has the right to appeal the judgment to the appropriate court of appeals.
(b)  The Texas Rules of Civil Procedure apply to an appeal under this section.
(c)  An appeal under this section shall be given a preference setting.
(d)  The county court may grant a stay of commitment pending appeal.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter D. Fees › Section 593.071. Application of Subchapter

Sec. 593.071.  APPLICATION OF SUBCHAPTER.  This subchapter applies only to a resident admitted to a residential care facility operated by the department.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter D. Fees › Section 593.072. Inability to Pay

Sec. 593.072.  INABILITY TO PAY.  A resident may not be denied residential care because of an inability to pay for the care.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter D. Fees › Section 593.073. Determination of Residential Costs

Sec. 593.073.  DETERMINATION OF RESIDENTIAL COSTS.  The executive commissioner by rule may determine the cost of support, maintenance, and treatment of a resident.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1449, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter D. Fees › Section 593.074. Maximum Fees

Sec. 593.074.  MAXIMUM FEES.  (a)  Except as provided by this section, the department may not charge for a resident total fees from all sources that exceed the cost to the state to support, maintain, and treat the resident.
(b)  The executive commissioner may use the projected cost of providing residential services to establish by rule the maximum fee that may be charged to a payer.
(c)  The executive commissioner by rule may establish maximum fees on one or a combination of the following:
(1)  a statewide per capita;
(2)  an individual facility per capita; or
(3)  the type of service provided.
(d)  Notwithstanding Subsection (b), the executive commissioner by rule may establish a fee in excess of the department's projected cost of providing residential services that may be charged to a payer:
(1)  who is not an individual; and
(2)  whose method of determining the rate of reimbursement to a provider results in the excess.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1450, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter D. Fees › Section 593.075. Sliding Fee Schedule

Sec. 593.075.  SLIDING FEE SCHEDULE.  (a)  The executive commissioner by rule shall establish a sliding fee schedule for the payment by the resident's parents of the state's total costs for the support, maintenance, and treatment of a resident younger than 18 years of age.
(b)  The executive commissioner by rule shall set the fee according to the parents' net taxable income and ability to pay.
(c)  The parents may elect to have their net taxable income determined by their most current financial statement or federal income tax return.
(d)  In determining the portion of the costs of the resident's support, maintenance, and treatment that the parents are required to pay, the department, in accordance with rules adopted by the executive commissioner, shall adjust, when appropriate, the payment required under the fee schedule to allow for consideration of other factors affecting the ability of the parents to pay.
(e)  The executive commissioner shall evaluate and, if necessary, revise the fee schedule at least once every five years.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 278, Sec. 2, eff. June 5, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1451, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter D. Fees › Section 593.076. Fee Schedule for Divorced Parents

Sec. 593.076.  FEE SCHEDULE FOR DIVORCED PARENTS.  (a)  If the parents of a resident younger than 18 years of age are divorced, the fee charged each parent for the cost of the resident's support, maintenance, and treatment is determined by that parent's own income.
(b)  If the divorced parents' combined fees exceed the maximum fee authorized under the fee schedule, the department shall equitably allocate the maximum fee between the parents in accordance with department rules, but a parent's fee may not exceed the individual fee determined for that parent under Subsection (a).
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter D. Fees › Section 593.077. Child Support Payments for Benefit of Resident

Sec. 593.077.  CHILD SUPPORT PAYMENTS FOR BENEFIT OF RESIDENT.  (a)  Child support payments for the benefit of a resident paid or owed by a parent under court order are considered the property and estate of the resident and the:
(1)  department may be reimbursed for the costs of a resident's support, maintenance, and treatment from those amounts; and
(2)  executive commissioner by rule may establish a fee based on the child support obligation in addition to other fees authorized by this subchapter.
(b)  The department shall credit the amount of child support a parent actually pays for a resident against monthly charges for which the parent is liable, based on ability to pay.
(c)  A parent who receives child support payments for a resident is liable for the monthly charges based on the amount of child support payments actually received in addition to the liability of that parent based on ability to pay.
(d)  The department may file a motion to modify a court order that establishes a child support obligation for a resident to require payment of the child support directly to the residential care facility in which the resident resides for the resident's support, maintenance, and treatment if:
(1)  the resident's parent fails to pay child support as required by the order;  or
(2)  the resident's parent who receives child support fails to pay charges based on the amount of child support payments received.
(e)  In addition to modification of an order under Subsection (d), the court may order all past due child support for the benefit of a resident paid directly to the resident's residential care facility to the extent that the department is entitled to reimbursement of the resident's charges from the child support obligation.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1452, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter D. Fees › Section 593.078. Payment for Adult Residents

Sec. 593.078.  PAYMENT FOR ADULT RESIDENTS.  (a)  A parent of a resident who is 18 years of age or older is not required to pay for the resident's support, maintenance, and treatment.
(b)  Except as provided by Section 593.081, a resident and the resident's estate are liable for the costs of the resident's support, maintenance, and treatment regardless of the resident's age.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter D. Fees › Section 593.080. State Claims for Unpaid Fees

Sec. 593.080.  STATE CLAIMS FOR UNPAID FEES.  (a)  Unpaid charges accruing after January 1, 1978, and owed by a parent for the support, maintenance, and treatment of a resident are a claim in favor of the state for the cost of support, maintenance, and treatment of the resident and constitute a lien against the parent's property and estate as provided by Section 533.004, but do not constitute a lien against any other estate or property of the resident.
(b)  Except as provided by Section 593.081, costs determined under Section 593.073 constitute a claim by the state against the entire estate or property of the resident, including any share the resident may have by gift, descent, or devise in the estate of the resident's parent or any other person.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter D. Fees › Section 593.081. Trust Exemption

Sec. 593.081.  TRUST EXEMPTION.  (a)  If the resident is the beneficiary of a trust that has an aggregate principal of $250,000 or less, the corpus or income of the trust for the purposes of this subchapter is not considered to be the property of the resident or the resident's estate, and is not liable for the resident's support, maintenance, and treatment regardless of the resident's age.
(b)  To qualify for the exemption provided by Subsection (a), the trust must be created by a written instrument, and a copy of the trust instrument must be provided to the department.
(c)  A trustee of the trust shall, on the department's request, provide to the department a current financial statement that shows the value of the trust estate.
(d)  The department may petition a district court to order the trustee to provide a current financial statement if the trustee does not provide the statement before the 31st day after the date on which the department makes the request.  The court shall hold a hearing on the department's petition not later than the 45th day after the date on which the petition is filed.  The court shall order the trustee to provide to the department a current financial statement if the court finds that the trustee has failed to provide the statement.
(e)  Failure of the trustee to comply with the court's order is punishable by contempt.
(f)  For the purposes of this section, the following are not considered to be trusts and are not entitled to the exemption provided by this section:
(1)  a guardianship administered under the Estates Code;
(2)  a trust established under Chapter 142, Property Code;
(3)  a facility custodial account established under Section 551.003;
(4)  the provisions of a divorce decree or other court order relating to child support obligations;
(5)  an administration of a decedent's estate; or
(6)  an arrangement in which funds are held in the registry or by the clerk of a court.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 498, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1453, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 9, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter D. Fees › Section 593.082. Filing of Claims

Sec. 593.082.  FILING OF CLAIMS.  (a)  In this section:
(1)  "Person responsible for a resident" means the resident, a person liable for the support of the resident, or both.
(2)  "Resident" means a person admitted to a residential care facility operated by the department for persons with an intellectual disability.
(b)  A county or district attorney shall, on the written request of the department, represent the state in filing a claim in probate court or a petition in a court of competent jurisdiction to require a person responsible for a resident to appear in court and show cause why the state should not have judgment against the person for the resident's support and maintenance in a residential care facility operated by the department.
(c)  On a sufficient showing, the court may enter judgment against the person responsible for the resident for the costs of the resident's support and maintenance.
(d)  Sufficient evidence to authorize the court to enter judgment is a verified account, sworn to by the director of the residential care facility in which the person with an intellectual disability resided or has resided, as to the amount due.
(e)  The judgment may be enforced as in other cases.
(f)  The county or district attorney representing the state is entitled to a commission of 10 percent of the amount collected.
(g)  The attorney general shall represent the state if the county and district attorney refuse or are unable to act on the department's request.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1454, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter E. Admission and Commitment Under Prior Law › Section 593.091. Admission and Commitment

Sec. 593.091.  ADMISSION AND COMMITMENT.  A resident admitted or committed to a department residential care facility under law in force before January 1, 1978, may remain in the facility until:
(1)  necessary and appropriate alternate placement is found;  or
(2)  the resident can be admitted or committed to a facility as provided by this chapter, if the admission or commitment is necessary to meet the due process requirements of this subtitle.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter E. Admission and Commitment Under Prior Law › Section 593.092. Discharge of Person Voluntarily Admitted to Residential Care Facility

Sec. 593.092.  DISCHARGE OF PERSON VOLUNTARILY ADMITTED TO RESIDENTIAL CARE FACILITY.  (a)  Except as otherwise provided, a resident voluntarily admitted to a residential care facility under a law in force before January 1, 1978, shall be discharged not later than the 96th hour after the time the facility director receives written request from the person on whose application the resident was admitted, or on the resident's own request.
(b)  The facility director may detain the resident for more than 96 hours in accordance with Section 593.030.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1455, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter E. Admission and Commitment Under Prior Law › Section 593.093. Reimbursement to County

Sec. 593.093.  REIMBURSEMENT TO COUNTY.  (a)  The state shall reimburse a county an amount not to exceed $50 for the cost of a hearing held by the county court to commit a resident of a department facility who was committed under a law in force before January 1, 1978, and for whom the due process requirements of this subtitle require another commitment proceeding.
(b)  The commissioners court of a county entitled to reimbursement under this section may file a claim for reimbursement with the comptroller.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter A. General Provisions › Section 594.001. Applicability of Chapter

Sec. 594.001.  APPLICABILITY OF CHAPTER.  (a)  A client may not be transferred or discharged except as provided by this chapter and department rules.
(b)  This chapter does not apply to the:
(1)  transfer of a client for emergency medical, dental, or psychiatric care for not more than 30 consecutive days;
(2)  voluntary withdrawal of a client from intellectual disability services; or
(3)  discharge of a client by a director because the person is not a person with an intellectual disability according to the results of the determination of an intellectual disability.
(c)  A discharge under Subsection (b)(3) is without further hearings, unless an administrative hearing under Subchapter A, Chapter 593,  to contest the determination of an intellectual disability is requested.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 16, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1456, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter A. General Provisions › Section 594.002. Leave; Furlough

Sec. 594.002.  LEAVE; FURLOUGH.  The director may grant or deny a resident a leave of absence or furlough.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1457, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter A. General Provisions › Section 594.003. Habeas Corpus

Sec. 594.003.  HABEAS CORPUS.  This chapter does not alter or limit a resident's right to obtain a writ of habeas corpus.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter B. Transfer or Discharge › Section 594.011. Service Provider

Sec. 594.011.  SERVICE PROVIDER.  A service provider shall transfer a client, furlough a client to an alternative placement, or discharge a client if the service provider determines:
(1)  that the client's placement is no longer appropriate to the person's individual needs;  or
(2)  that the client can be better treated and habilitated in another setting;  and
(3)  placement in another setting that can better treat and habilitate the client has been secured.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter B. Transfer or Discharge › Section 594.012. Request by Client, Parent, or Guardian

Sec. 594.012.  REQUEST BY CLIENT, PARENT, OR GUARDIAN.  (a)  A client, the parent of a client who is a minor, or the guardian of the person may request a transfer or discharge.
(b)  The service provider shall determine the appropriateness of the requested transfer or discharge.
(c)  If a request is denied, the client, parent, or guardian of the person is entitled to a hearing under Section 594.015 to contest the decision.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter B. Transfer or Discharge › Section 594.013. Notice of Transfer or Discharge; Approval

Sec. 594.013.  NOTICE OF TRANSFER OR DISCHARGE;  APPROVAL.  (a)  A client and the parent or guardian must be notified not later than the 31st day before the date of the proposed transfer or discharge of the client.
(b)  A client may not be transferred to another facility without the prior approval and knowledge of the parents or guardian of the client.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter B. Transfer or Discharge › Section 594.014. Right to Administrative Hearing

Sec. 594.014.  RIGHT TO ADMINISTRATIVE HEARING.  (a)  A client and the parent or the guardian shall be informed of the right to an administrative hearing to contest a proposed transfer or discharge.
(b)  A client may not be transferred to another facility or discharged from intellectual disability services unless the client is given the opportunity to request and receive an administrative hearing to contest the proposed transfer or discharge.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1458, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter B. Transfer or Discharge › Section 594.015. Administrative Hearing

Sec. 594.015.  ADMINISTRATIVE HEARING.  (a)  An administrative hearing to contest a transfer or discharge decision must be held:
(1)  as soon as possible, but not later than the 30th day after the date of the request;
(2)  in a convenient location;  and
(3)  after reasonable notice.
(b)  The client, the parent of a client who is a minor, the guardian of the person, and the director have the right to:
(1)  be present and represented at the hearing; and
(2)  have reasonable access at a reasonable time before the hearing to any records concerning the client relevant to the proposed action.
(c)  Evidence, including oral and written testimony, shall be presented.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1459, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter B. Transfer or Discharge › Section 594.016. Decision

Sec. 594.016.  DECISION.  (a)  After each case, the hearing officer shall promptly report to the parties in writing the officer's decision, findings of fact, and the reasons for those findings.
(b)  The hearing officer's decision is final on the 31st day after the date on which the decision is reported, unless an appeal is filed within that period.
(c)  The filing of an appeal suspends the decision of the hearing officer, and a party may not take action on the decision.
(d)  If an appeal is not filed from a final order granting a request for a transfer or discharge, the director shall proceed with the transfer or discharge.
(e)  If an appeal is not filed from a final order denying a request for a transfer or discharge, the client shall remain in the same program or facility at which the client is receiving services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1460, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter B. Transfer or Discharge › Section 594.017. Appeal

Sec. 594.017.  APPEAL.  (a)  A party to a hearing may appeal the hearing officer's decision without filing a motion for rehearing with the hearing officer.
(b)  Venue for an appeal is the county court of Travis County or the county in which the client resides.
(c)  The appeal is by trial de novo.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter B. Transfer or Discharge › Section 594.018. Notice to Committing Court

Sec. 594.018.  NOTICE TO COMMITTING COURT.  When a resident is discharged, the department shall notify the court that committed the resident to a residential care facility under Subchapter C, Chapter 593.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter B. Transfer or Discharge › Section 594.019. Alternative Services

Sec. 594.019.  ALTERNATIVE SERVICES.  (a)  The department shall provide appropriate alternative or follow-up supportive services consistent with available resources by agreement among the department, the local intellectual and developmental disability authority in the area in which the client will reside, and the client, parent of a client who is a minor, or guardian of the person.  The services shall be consistent with the rights guaranteed in Chapter 592.
(b)  Placement in a residential care facility, other than by transfer from another residential care facility, may be made only as provided by Subchapters B and C, Chapter 593.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1461, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.0301. Definition

Sec. 594.0301.  DEFINITION.  In this subchapter, "state mental hospital" has the meaning assigned by Section 571.003.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1462, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.031. Transfer of Voluntary Resident

Sec. 594.031.  TRANSFER OF VOLUNTARY RESIDENT.  A voluntary resident may not be transferred to a state mental hospital without legally adequate consent to the transfer.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.032. Transfer of Court-Committed Resident

Sec. 594.032.  TRANSFER OF COURT-COMMITTED RESIDENT.  (a)  The director may transfer a resident committed to a residential care facility under Subchapter C, Chapter 593, to a state mental hospital for mental health care if:
(1)  an examination of the resident by a licensed physician indicates symptoms of mental illness to the extent that care, treatment, and rehabilitation in a state mental hospital is in the best interest of the resident;
(2)  the hospital administrator of the state mental hospital to which the resident is to be transferred agrees to the transfer; and
(3)  the director coordinates the transfer with the hospital administrator of the state mental hospital.
(b)  A resident transferred from a residential care facility to a state mental hospital may not remain in the hospital for longer than 30 consecutive days unless the transfer is authorized by a court order under this subchapter.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1463, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.033. Evaluation; Court Order

Sec. 594.033.  EVALUATION;  COURT ORDER.  The hospital administrator of the state mental hospital to which a court-committed resident is transferred shall immediately have an evaluation of the resident's condition performed.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.034. Request for Transfer Order

Sec. 594.034.  REQUEST FOR TRANSFER ORDER.  (a)  If the evaluation performed under Section 594.033 reveals that continued hospitalization is necessary for longer than 30 consecutive days, the hospital administrator of the state mental hospital to which a court-committed resident is transferred shall promptly request from the court that originally committed the resident to the residential care facility an order transferring the resident to the hospital.
(b)  In support of the request, the hospital administrator shall send two certificates of medical examination for mental illness as described in Section 574.011, stating that the resident is:
(1)  a person with mental illness;  and
(2)  requires observation or treatment in a mental hospital.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.035. Hearing Date

Sec. 594.035.  HEARING DATE.  When the committing court receives the hospital administrator's request and the certificates of medical examination, the court shall set a date for the hearing on the proposed transfer.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.036. Notice

Sec. 594.036.  NOTICE.  (a)  A copy of the transfer request and notice of the transfer hearing shall be personally served on the resident not later than the eighth day before the date set for the hearing.
(b)  Notice shall also be served on the parents if the resident is a minor and on the guardian for the resident's person if the resident has been declared to be incapacitated and a guardian has been appointed in a proceeding under Title 3, Estates Code.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 1039, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1464, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 846 (H.B. 2780), Sec. 10, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.037. Hearing Location

Sec. 594.037.  HEARING LOCATION.  (a)  The judge may hold a transfer hearing on the petition at any suitable place in the county.
(b)  The hearing should be held in a physical setting that is not likely to have a harmful effect on the resident.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.038. Hearing Before Jury

Sec. 594.038.  HEARING BEFORE JURY.  (a)  The transfer hearing must be held before a jury unless a waiver of trial by jury is made in writing under oath by the resident, the parent if the resident is a minor, or the resident's guardian of the person.
(b)  Notwithstanding the executed waiver, a jury shall determine the issue of the case if the resident, the parent, the guardian of the person, or the resident's legal representative demands a jury trial at any time before the hearing's determination is made.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.039. Resident Present at Hearing

Sec. 594.039.  RESIDENT PRESENT AT HEARING.  The resident is entitled to be present at the transfer hearing unless the court determines it is in the resident's best interest to not be present.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.040. Opening Hearing

Sec. 594.040.  OPENING HEARING.  The transfer hearing must be open to the public unless the court:
(1)  finds that it is in the best interest of the resident to close the hearing;  and
(2)  obtains the consent of the resident, a parent of a resident who is a minor, the resident's guardian of the person, and the resident's legal representative to close the hearing.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.041. Medical Evidence

Sec. 594.041.  MEDICAL EVIDENCE.  (a)  At least two physicians, at least one of whom must be a psychiatrist, must testify at the transfer hearing.  The physicians must have examined the resident not earlier than the 15th day before the date set for the hearing.
(b)  A person may not be transferred to a state mental hospital except on competent medical or psychiatric testimony.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1465, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 594 - Transfer and Discharge › Subchapter C. Transfer to State Mental Hospital › Section 594.042. Hearing Determination

Sec. 594.042.  HEARING DETERMINATION.  The court by order shall approve the transfer of the resident to a state mental hospital if the court or jury determines that the resident:
(1)  is a person with mental illness;  and
(2)  requires a transfer to a state mental hospital for treatment for the resident's own welfare and protection or for the protection of others.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.