reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter C. Proceedings for Court-Ordered Mental Health Services › Section 574.0345. Order for Temporary Outpatient Mental Health Services

Sec. 574.0345.  ORDER FOR TEMPORARY OUTPATIENT MENTAL HEALTH SERVICES.  (a)  The judge may order a proposed patient to receive court-ordered temporary outpatient mental health services only if:
(1)  the judge finds that appropriate mental health services are available to the proposed patient; and
(2)  the judge or jury finds, from clear and convincing evidence, that:
(A)  the proposed patient is a person with severe and persistent mental illness;
(B)  as a result of the mental illness, the proposed patient will, if not treated, experience deterioration of the ability to function independently to the extent that the proposed patient will be unable to live safely in the community without court-ordered outpatient mental health services;
(C)  outpatient mental health services are needed to prevent a relapse that would likely result in serious harm to the proposed patient or others; and
(D)  the proposed patient has an inability to participate in outpatient treatment services effectively and voluntarily, demonstrated by:
(i)  any of the proposed patient's actions occurring within the two-year period that immediately precedes the hearing; or
(ii)  specific characteristics of the proposed patient's clinical condition that significantly impair the proposed patient's ability to make a rational and informed decision whether to submit to voluntary outpatient treatment.
(b)  To be clear and convincing under Subsection (a)(2), the evidence must include expert testimony and evidence of a recent overt act or a continuing pattern of behavior that tends to confirm:
(1)  the deterioration of ability to function independently to the extent that the proposed patient will be unable to live safely in the community;
(2)  the need for outpatient mental health services to prevent a relapse that would likely result in serious harm to the proposed patient or others; and
(3)  the proposed patient's inability to participate in outpatient treatment services effectively and voluntarily.
(c)  An order for temporary outpatient mental health services shall state that treatment is authorized for not longer than 45 days, except that the order may specify a period not to exceed 90 days if the judge finds that the longer period is necessary.
(d)  A judge may not issue an order for temporary outpatient mental health services for a proposed patient who is charged with a criminal offense that involves an act, attempt, or threat of serious bodily injury to another person.
Added by Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 12, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter C. Proceedings for Court-Ordered Mental Health Services › Section 574.036. Order of Care or Commitment

Sec. 574.036.  ORDER OF CARE OR COMMITMENT.  (a)  The judge shall dismiss the jury, if any, after a hearing in which a person is found to be a person with mental illness and to meet the criteria for court-ordered temporary or extended mental health services.
(b)  The judge may hear additional evidence relating to alternative settings for care before entering an order relating to the setting for the care the person will receive.
(c)  The judge shall consider in determining the setting for care the recommendation for the most appropriate treatment alternative filed under Section 574.012.
(d)  The judge shall order the mental health services provided in the least restrictive appropriate setting available.
(e)  The judge may enter an order:
(1)  committing the person to a mental health facility for inpatient care if the trier of fact finds that the person meets the commitment criteria prescribed by Section 574.034(a) or 574.035(a); or
(2)  committing the person to outpatient mental health services if the trier of fact finds that the person meets the commitment criteria prescribed by Section 574.0345(a) or 574.0355(a).
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 744, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1381, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 16, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter D. Designation of Facility and Transportation of Patient › Section 574.041. Designation of Facility

Sec. 574.041.  DESIGNATION OF FACILITY.  (a)  In an order for temporary or extended mental health services specifying inpatient care, the court shall commit the patient to a designated inpatient mental health facility.  The court shall commit the patient to:
(1)  a mental health facility deemed suitable by the local mental health authority for the area;
(2)  a private mental hospital under Section 574.042;
(3)  a hospital operated by a federal agency under Section 574.043; or
(4)  an inpatient mental health facility of the Texas Department of Criminal Justice under Section 574.044.
(b)  On request of the local mental health authority, the judge may commit the patient directly to an inpatient mental health facility operated by the department.
(c)  A court may not commit a patient to an inpatient mental health facility operated by a community center or other entity designated by the department to provide mental health services unless the facility is licensed under Chapter 577 and the court notifies the local mental health authority serving the region in which the commitment is made.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 543, Sec. 3, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 367, Sec. 11, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.108, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter D. Designation of Facility and Transportation of Patient › Section 574.0415. Information on Medications

Sec. 574.0415.  INFORMATION ON MEDICATIONS.  (a)  A mental health facility shall provide to a patient in the patient's primary language, if possible, and in accordance with department rules information relating to prescription medication ordered by the patient's treating physician.
(b)  The facility shall also provide the information to the patient's family on request, but only to the extent not otherwise prohibited by state or federal confidentiality laws.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.05, eff. May 1, 1994.  Amended by Acts 1997, 75th Leg., ch. 337, Sec. 3, eff. May 27, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1382, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter D. Designation of Facility and Transportation of Patient › Section 574.042. Commitment to Private Facility

Sec. 574.042.  COMMITMENT TO PRIVATE FACILITY.  The court may order a patient committed to a private mental hospital at no expense to the state if the court receives:
(1)  an application signed by the patient or the patient's guardian or next friend requesting that the patient be placed in a designated private mental hospital at the patient's or applicant's expense;  and
(2)  written agreement from the hospital administrator of the private mental hospital to admit the patient and to accept responsibility for the patient in accordance with 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 C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter D. Designation of Facility and Transportation of Patient › Section 574.043. Commitment to Federal Facility

Sec. 574.043.  COMMITMENT TO FEDERAL FACILITY.  (a)  A court may order a patient committed to a federal agency that operates a mental hospital if the court receives written notice from the agency that facilities are available and that the patient is eligible for care or treatment in a facility.  The court may place the patient in the agency's custody for transportation to the mental hospital.
(b)  A patient admitted under court order to a hospital operated by a federal agency, regardless of location, is subject to the agency's rules.
(c)  The hospital administrator has the same authority and responsibility with respect to the patient as the facility administrator of an inpatient mental health facility operated by the department.
(d)  The appropriate courts of this state retain jurisdiction to inquire at any time into the patient's mental condition and the necessity of the patient's continued hospitalization.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 367, Sec. 12, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter D. Designation of Facility and Transportation of Patient › Section 574.044. Commitment to Facility of Texas Department of Criminal Justice

Sec. 574.044.  COMMITMENT TO FACILITY OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE.  The court shall commit an inmate patient to an inpatient mental health facility of the Texas Department of Criminal Justice if the court enters an order requiring temporary mental health services for the inmate patient under an application filed by a psychiatrist under Section 501.057, Government Code.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.50, eff. Aug. 30, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.109, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter D. Designation of Facility and Transportation of Patient › Section 574.0455. List of Qualified Transportation Service Providers

Sec. 574.0455.  LIST OF QUALIFIED TRANSPORTATION SERVICE PROVIDERS.  (a)  The commissioners court of a county may:
(1)  establish and maintain a list of qualified transportation service providers that a court may authorize or with whom a person may contract to transport a person to a mental health facility in accordance with Section 574.045;
(2)  establish an application procedure for a person to be included on the list, including an appropriate application fee to be deposited in the county general fund;
(3)  contract with qualified transportation service providers on terms acceptable to the county;
(4)  allow officers and employees of the county to utilize persons on the list on a rotating basis if the officer or employee is authorized to provide transportation under Section 574.045 and chooses to utilize a qualified transportation service provider in accordance with the terms of the contract approved by the commissioners court; and
(5)  ensure that the list is made available to any person authorized to provide transportation under Section 574.045.
(b)  The executive commissioner shall prescribe uniform standards:
(1)  that a person must meet to be listed as a qualified transportation service provider under Subsection (a); and
(2)  prescribing requirements relating to how the transportation of a person to a mental health facility by a qualified transportation service provider is provided.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1122 (H.B. 167), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1383, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter D. Designation of Facility and Transportation of Patient › Section 574.0456. Transportation of Patient to Another State

Sec. 574.0456.  TRANSPORTATION OF PATIENT TO ANOTHER STATE.  A person may not transport a patient to a mental health facility in another state for court-ordered inpatient mental health services under this chapter unless transportation to that facility is authorized by a court order.
Added by Acts 2013, 83rd Leg., R.S., Ch. 889 (H.B. 978), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter D. Designation of Facility and Transportation of Patient › Section 574.046. Writ of Commitment

Sec. 574.046.  WRIT OF COMMITMENT.  The court shall direct the court clerk to issue to the person authorized to transport the patient two writs of commitment requiring the person to take custody of and transport the patient to the designated mental health facility.
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 C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter D. Designation of Facility and Transportation of Patient › Section 574.047. Transcript

Sec. 574.047.  TRANSCRIPT.  (a)  The court clerk shall prepare a certified transcript of the proceedings in the hearing on court-ordered mental health services.
(b)  The clerk shall send the transcript and any available information relating to the medical, social, and economic status and history of the patient and the patient's family to the designated mental health facility with the patient.  The person authorized to transport the patient shall deliver the transcript and information to the facility personnel in charge of admissions.
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 C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter D. Designation of Facility and Transportation of Patient › Section 574.048. Acknowledgment of Patient Delivery

Sec. 574.048.  ACKNOWLEDGMENT OF PATIENT DELIVERY.  The facility administrator, after receiving a copy of the writ of commitment and after admitting the patient, shall:
(1)  give the person transporting the patient a written statement acknowledging acceptance of the patient and of any personal property belonging to the patient;  and
(2)  file a copy of the statement with the clerk of the committing court.
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 C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter E. Post-Commitment Proceedings › Section 574.061. Modification of Order for Inpatient Treatment

Sec. 574.061.  MODIFICATION OF ORDER FOR INPATIENT TREATMENT.  (a)  The facility administrator of a facility to which a patient is committed for inpatient mental health services, not later than the 30th day after the date the patient is committed to the facility, shall assess the appropriateness of transferring the patient to outpatient mental health services.  The facility administrator may recommend that the court that entered the commitment order modify the order to require the patient to participate in outpatient mental health services.
(b)  A facility administrator's recommendation under Subsection (a) must explain in detail the reason for the recommendation.  The recommendation must be accompanied by a supporting certificate of medical examination for mental illness signed by a physician who examined the patient during the seven days preceding the recommendation.
(c)  The patient shall be given notice of a facility administrator's recommendation under Subsection (a).
(d)  On request of the patient or any other interested person, the court shall hold a hearing on a facility administrator's recommendation that the court modify the commitment order.  The court shall appoint an attorney to represent the patient at the hearing and shall consult with the local mental health authority before issuing a decision.  The hearing shall be held before the court without a jury and as prescribed by Section 574.031.  The patient shall be represented by an attorney and receive proper notice.
(e)  If a hearing is not requested, the court may make a decision regarding a facility administrator's recommendation based on:
(1)  the recommendation;
(2)  the supporting certificate; and
(3)  consultation with the local mental health authority concerning available resources to treat the patient.
(f)  If the court modifies the order, the court shall designate a person to be responsible for the outpatient services as prescribed by Section 574.037.
(g)  The person responsible for the services must comply with Section 574.037(b).
(h)  A modified order may extend beyond the term of the original order, but may not exceed the term of the original order by more than 60 days.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1170 (S.B. 646), Sec. 3, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 18, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter E. Post-Commitment Proceedings › Section 574.062. Motion for Modification of Order for Outpatient Treatment

Sec. 574.062.  MOTION FOR MODIFICATION OF ORDER FOR OUTPATIENT TREATMENT.  (a)  The court that entered an order directing a patient to participate in outpatient mental health services may set a hearing to determine if the order should be modified in a way that is a substantial deviation from the original program of treatment incorporated in the court's order.  The court may set the hearing on its own motion, at the request of the person responsible for the treatment, or at the request of any other interested person.
(b)  The court shall appoint an attorney to represent the patient if a hearing is scheduled.  The patient shall be given notice of the matters to be considered at the hearing.  The notice must comply with the requirements of Section 574.006 for notice before a hearing on court-ordered mental health services.
(c)  The hearing shall be held before the court, without a jury, and as prescribed by Section 574.031.  The patient shall be represented by an attorney and receive proper notice.
(d)  The court shall set a date for a hearing on the motion to be held not later than the seventh day after the date the motion is filed.  The court may grant one or more continuances of the hearing on the motion by a party and for good cause shown or on agreement of the parties.  Except as provided by Subsection (e), the court shall hold the hearing not later than the 14th day after the date the motion is filed.
(e)  If extremely hazardous weather conditions exist or a disaster occurs that threatens the safety of the proposed patient or other essential parties to the hearing, the court, by written order made each day, may postpone the hearing for not more than 24 hours.  The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 191, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter E. Post-Commitment Proceedings › Section 574.063. Order for Temporary Detention

Sec. 574.063.  ORDER FOR TEMPORARY DETENTION.  (a)  The person responsible for a patient's court-ordered outpatient treatment or the facility administrator of the outpatient facility in which a patient receives treatment may file a sworn application for the patient's temporary detention pending the modification hearing under Section 574.062.
(b)  The application must state the applicant's opinion and detail the reasons for the applicant's opinion that:
(1)  the patient meets the criteria described by Section 574.064(a-1); and
(2)  detention in an inpatient mental health facility is necessary to evaluate the appropriate setting for continued court-ordered services.
(c)  The court may issue an order for temporary detention if a modification hearing is set and the court finds from the information in the application that there is probable cause to believe that the opinions stated in the application are valid.
(d)  At the time the temporary detention order is signed, the judge shall appoint an attorney to represent a patient who does not have an attorney.
(e)  Within 24 hours after the time detention begins, the court that issued the temporary detention order shall provide to the patient and the patient's attorney a written notice that states:
(1)  that the patient has been placed under a temporary detention order;
(2)  the grounds for the order;  and
(3)  the time and place of the modification hearing.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1170 (S.B. 646), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter E. Post-Commitment Proceedings › Section 574.065. Order of Modification of Order for Outpatient Services

Sec. 574.065.  ORDER OF MODIFICATION OF ORDER FOR OUTPATIENT SERVICES.  (a)  The court may modify an order for outpatient services at the modification hearing if the court determines that the patient meets the applicable criteria for court-ordered inpatient mental health services prescribed by Section 574.034(a) or 574.035(a).
(b)  The court may refuse to modify the order and may direct the patient to continue to participate in outpatient mental health services in accordance with the original order even if the criteria prescribed by Subsection (a) have been met.
(c)  The court's decision to modify an order must be supported by at least one certificate of medical examination for mental illness signed by a physician who examined the patient not earlier than the seventh day before the date on which the hearing is held.
(d)  A modification may include:
(1)  incorporating in the order a revised treatment program and providing for continued outpatient mental health services under the modified order, if a revised general program of treatment was submitted to and accepted by the court;  or
(2)  providing for commitment to an inpatient mental health facility.
(e)  A court may not extend the provision of mental health services beyond the period prescribed in the original order.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 744, Sec. 8, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1170 (S.B. 646), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter E. Post-Commitment Proceedings › Section 574.066. Renewal of Order for Extended Mental Health Services

Sec. 574.066.  RENEWAL OF ORDER FOR EXTENDED MENTAL HEALTH SERVICES.  (a)  A county or district attorney or other adult may file an application to renew an order for extended mental health services.
(b)  The application must explain in detail why the person requests renewal.  An application to renew an order committing the patient to extended inpatient mental health services must also explain in detail why a less restrictive setting is not appropriate.
(c)  The application must be accompanied by two certificates of medical examination for mental illness signed by physicians who examined the patient during the 30 days preceding the date on which the application is filed.
(d)  The court shall appoint an attorney to represent the patient when an application is filed.
(e)  The patient, the patient's attorney, or other individual may request a hearing on the application.  The court may set a hearing on its own motion.  An application for which a hearing is requested or set is considered an original application for court-ordered extended mental health services.
(f)  A court may not renew an order unless the court finds that the patient meets the criteria for extended mental health services prescribed by Sections 574.035(a)(1), (2), and (3).  The court must make the findings prescribed by this subsection to renew an order, regardless of whether a hearing is requested or set.  A renewed order authorizes treatment for not more than 12 months.
(g)  If a hearing is not requested or set, the court may admit into evidence the certificates of medical examination for mental illness.  The certificates constitute competent medical or psychiatric testimony and the court may make its findings solely from the certificates and the detailed request for renewal.
(h)  The court, after renewing an order for extended inpatient mental health services, may modify the order to provide for outpatient mental health services in accordance with Section 574.037.
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 C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter E. Post-Commitment Proceedings › Section 574.0665. Status Conference

Sec. 574.0665.  STATUS CONFERENCE.  A court on its own motion may set a status conference with the patient, the patient's attorney, and the person designated to be responsible for the patient's court-ordered outpatient services under Section 574.037.
Added by Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 19, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter E. Post-Commitment Proceedings › Section 574.067. Motion for Rehearing

Sec. 574.067.  MOTION FOR REHEARING.  (a)  The court may set aside an order requiring court-ordered mental health services and grant a motion for rehearing for good cause shown.
(b)  Pending the hearing, the court may:
(1)  stay the court-ordered mental health services and release the proposed patient from custody before the hearing if the court is satisfied that the proposed patient does not meet the criteria for protective custody under Section 574.022;  and
(2)  if the proposed patient is at liberty, require an appearance bond in an amount set by the court.
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 C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter E. Post-Commitment Proceedings › Section 574.068. Request for Reexamination

Sec. 574.068.  REQUEST FOR REEXAMINATION.  (a)  A patient receiving court-ordered extended mental health services, or any interested person on the patient's behalf and with the patient's consent, may file a request with a court for a reexamination and a hearing to determine if the patient continues to meet the criteria for the services.
(b)  The request must be filed in the county in which the patient is receiving the services.
(c)  The court may, for good cause shown:
(1)  require that the patient be reexamined;
(2)  schedule a hearing on the request;  and
(3)  notify the facility administrator of the facility providing mental health services to the patient.
(d)  A court is not required to order a reexamination or hearing if the request is filed within six months after an order for extended mental health services is entered or after a similar request is filed.
(e)  After receiving the court's notice, the facility administrator shall arrange for the patient to be reexamined.
(f)  The facility administrator or the administrator's qualified authorized designee shall immediately discharge the patient if the facility administrator or designee determines that the patient no longer meets the criteria for court-ordered extended mental health services.
(g)  If the facility administrator or the administrator's designee determines that the patient continues to meet the criteria for court-ordered extended mental health services, the facility administrator or designee shall file a certificate of medical examination for mental illness with the court within 10 days after the date on which the request for reexamination and hearing is filed.
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 C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter E. Post-Commitment Proceedings › Section 574.069. Hearing on Request for Reexamination

Sec. 574.069.  HEARING ON REQUEST FOR REEXAMINATION.  (a)  A court that required a patient's reexamination under Section 574.068 may set a date and place for a hearing on the request if, not later than the 10th day after the date on which the request is filed:
(1)  a certificate of medical examination for mental illness stating that the patient continues to meet the criteria for court-ordered extended mental health services has been filed;  or
(2)  a certificate has not been filed and the patient has not been discharged.
(b)  At the time the hearing is set, the judge shall:
(1)  appoint an attorney to represent a patient who does not have an attorney;  and
(2)  give notice of the hearing to the patient, the patient's attorney, and the facility administrator.
(c)  The judge shall appoint a physician to examine the patient and file a certificate of medical examination for mental illness with the court.  The judge shall appoint a physician who is not on the staff of the mental health facility in which the patient is receiving services and who is a psychiatrist if a psychiatrist is available in the county.  The court shall ensure that the patient may be examined by a physician of the patient's choice and at the patient's own expense if requested by the patient.
(d)  The hearing is held before the court and without a jury.  The hearing must be held in accordance with the requirements for a hearing on an application for court-ordered mental health services.
(e)  The court shall dismiss the request if the court finds from clear and convincing evidence that the patient continues to meet the criteria for court-ordered extended mental health services prescribed by Section 574.035 or 574.0355.
(f)  The judge shall order the facility administrator to discharge the patient if the court fails to find from clear and convincing evidence that the patient continues to meet the criteria.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 20, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter E. Post-Commitment Proceedings › Section 574.070. Appeal

Sec. 574.070.  APPEAL.  (a)  An appeal from an order requiring court-ordered mental health services, 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 entered.
(b)  Notice of appeal must be filed not later than the 10th day after the date on which the order is signed.
(c)  When an appeal is filed, the clerk shall immediately send a certified transcript of the proceedings to the court of appeals.
(d)  Pending the appeal, the trial judge in whose court the cause is pending may:
(1)  stay the order and release the patient from custody before the appeal if the judge is satisfied that the patient does not meet the criteria for protective custody under Section 574.022;  and
(2)  if the proposed patient is at liberty, require an appearance bond in an amount set by the court.
(e)  The court of appeals and supreme court shall give an appeal under this section preference over all other cases and shall advance the appeal on the docket.  The courts may suspend all rules relating to the time for filing briefs and docketing cases.
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 C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter F. Furlough, Discharge, and Termination of Court-Ordered Mental Health Services › Section 574.082. Pass or Furlough From Inpatient Care

Sec. 574.082.  PASS OR FURLOUGH FROM INPATIENT CARE.  (a)  The facility administrator may permit a patient admitted to the facility under an order for temporary or extended inpatient mental health services to leave the facility under a pass or furlough.
(b)  A pass authorizes the patient to leave the facility for not more than 72 hours.  A furlough authorizes the patient to leave for a longer period.
(c)  The pass or furlough may be subject to specified conditions.
(d)  When a patient is furloughed, the facility administrator shall notify the court that issued the commitment order.
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 C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter F. Furlough, Discharge, and Termination of Court-Ordered Mental Health Services › Section 574.084. Revocation of Furlough

Sec. 574.084.  REVOCATION OF FURLOUGH.  (a)  A furlough may be revoked only after an administrative hearing held in accordance with department rules.  The hearing must be held within 72 hours after the patient is returned to the facility.
(b)  A hearing officer shall conduct the hearing.  The hearing officer may be a mental health professional if the person is not directly involved in treating the patient.
(c)  The hearing is informal and the patient is entitled to present information and argument.
(d)  The hearing officer may revoke the furlough if the officer determines that the revocation is justified under Section 574.083(c).
(e)  A hearing officer who revokes a furlough shall place in the patient's file:
(1)  a written notation of the decision;  and
(2)  a written explanation of the reasons for the decision and the information on which the hearing officer relied.
(f)  The patient shall be permitted to leave the facility under the furlough if the hearing officer determines that the furlough should not be revoked.
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 C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter F. Furlough, Discharge, and Termination of Court-Ordered Mental Health Services › Section 574.085. Discharge on Expiration of Court Order

Sec. 574.085.  DISCHARGE ON EXPIRATION OF COURT ORDER.  The facility administrator of a facility to which a patient was committed or from which a patient was required to receive temporary or extended inpatient or outpatient mental health services shall discharge the patient when the court order expires.
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 C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter F. Furlough, Discharge, and Termination of Court-Ordered Mental Health Services › Section 574.086. Discharge Before Expiration of Court Order

Sec. 574.086.  DISCHARGE BEFORE EXPIRATION OF COURT ORDER.  (a)  The facility administrator of a facility to which a patient was committed for inpatient mental health services or the person responsible for providing outpatient mental health services may discharge the patient at any time before the court order expires if the facility administrator or person determines that the patient no longer meets the criteria for court-ordered mental health services.
(b)  The facility administrator of a facility to which the patient was committed for inpatient mental health services shall consider before discharging the patient whether the patient should receive outpatient court-ordered mental health services in accordance with:
(1)  a furlough under Section 574.082;  or
(2)  a modified order under Section 574.061 that directs the patient to participate in outpatient mental health services.
(c)  A discharge under Subsection (a) terminates the court order, and the person discharged may not be required to submit to involuntary mental health services unless a new court order is entered in accordance with 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 C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter F. Furlough, Discharge, and Termination of Court-Ordered Mental Health Services › Section 574.087. Certificate of Discharge

Sec. 574.087.  CERTIFICATE OF DISCHARGE.  The facility administrator or the person responsible for outpatient care who discharges a patient under Section 574.085 or 574.086 shall prepare a discharge certificate and file it with the court that entered the order requiring mental health services.
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 C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter F. Furlough, Discharge, and Termination of Court-Ordered Mental Health Services › Section 574.088. Relief From Disabilities in Mental Health Cases

Sec. 574.088.  RELIEF FROM DISABILITIES IN MENTAL HEALTH CASES.  (a)  A person who is furloughed or discharged from court-ordered mental health services may petition the court that entered the commitment order for an order stating that the person qualifies for relief from a firearms disability.
(b)  In determining whether to grant relief, the court must hear and consider evidence about:
(1)  the circumstances that led to imposition of the firearms disability under 18 U.S.C. Section 922(g)(4);
(2)  the person's mental history;
(3)  the person's criminal history; and
(4)  the person's reputation.
(c)  A court may not grant relief unless it makes and enters in the record the following affirmative findings:
(1)  the person is no longer likely to act in a manner dangerous to public safety; and
(2)  removing the person's disability to purchase a firearm is in the public interest.
Added by Acts 2009, 81st Leg., R.S., Ch. 950 (H.B. 3352), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter F. Furlough, Discharge, and Termination of Court-Ordered Mental Health Services › Section 574.089. Transportation Plan for Furlough or Discharge

Sec. 574.089.  TRANSPORTATION PLAN FOR FURLOUGH OR DISCHARGE.  (a)  The facility administrator of a mental health facility, in conjunction with the local mental health authority, shall create a transportation plan for a person scheduled to be furloughed or discharged from the facility.
(b)  The transportation plan must account for the capacity of the person, must be in writing, and must specify:
(1)  who is responsible for transporting the person;
(2)  when the person will be transported; and
(3)  where the person will arrive.
(c)  If the person consents, the facility administrator shall forward the transportation plan to a family member of the person before the person is transported.
Added by Acts 2009, 81st Leg., R.S., Ch. 1020 (H.B. 4276), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter G. Administration of Medication to Patient Under Court Order for Mental Health Services › Section 574.101. Definitions

Sec. 574.101.  DEFINITIONS.  In this subchapter:
(1)  "Capacity" means a patient'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 patient to prevent:
(A)  imminent probable death or substantial bodily harm to the patient because the patient:
(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 patient is unable to satisfy the patient's need for nourishment, essential medical care, or self-protection;  or
(B)  imminent physical or emotional harm to another because of threats, attempts, or other acts the patient overtly or continually makes or commits.
(3)  "Psychoactive medication" means a medication prescribed for the treatment of symptoms of psychosis or other severe mental or emotional disorders and that is used to exercise an effect on the central nervous system to influence and modify behavior, cognition, or affective state when treating the symptoms of mental illness. "Psychoactive medication" includes the following categories when used as described in this subdivision:
(A)  antipsychotics or neuroleptics;
(B)  antidepressants;
(C)  agents for control of mania or depression;
(D)  antianxiety agents;
(E)  sedatives, hypnotics, or other sleep-promoting drugs;  and
(F)  psychomotor stimulants.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter G. Administration of Medication to Patient Under Court Order for Mental Health Services › Section 574.102. Application of Subchapter

Sec. 574.102.  APPLICATION OF SUBCHAPTER.  This subchapter applies to the application of medication to a patient subject to a court order for mental health services under this chapter or other law.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 770, Sec. 9, eff. June 16, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 717 (S.B. 465), Sec. 1, eff. June 17, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1170 (S.B. 646), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter G. Administration of Medication to Patient Under Court Order for Mental Health Services › Section 574.103. Administration of Medication to Patient Under Court-Ordered Mental Health Services

Sec. 574.103.  ADMINISTRATION OF MEDICATION TO PATIENT UNDER COURT-ORDERED MENTAL HEALTH SERVICES.  (a)  In this section, "ward" has the meaning assigned by Section 1002.030, Estates Code.
(b)  A person may not administer a psychoactive medication to a patient under court-ordered inpatient mental health services who refuses to take the medication voluntarily unless:
(1)  the patient is having a medication-related emergency;
(2)  the patient is under an order issued under Section 574.106 authorizing the administration of the medication regardless of the patient's refusal; or
(3)  the patient is a ward who is 18 years of age or older and the guardian of the person of the ward consents to the administration of psychoactive medication regardless of the ward's expressed preferences regarding treatment with psychoactive medication.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30, 1993.  Amended by Acts 2003, 78th Leg., ch. 692, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1170 (S.B. 646), Sec. 9, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1384, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter G. Administration of Medication to Patient Under Court Order for Mental Health Services › Section 574.105. Rights of Patient

Sec. 574.105.  RIGHTS OF PATIENT.  A patient for whom an application for an order to authorize the administration of a psychoactive medication 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 patient'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 patient'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)  oral notification, at the conclusion of the hearing, of the court's determinations of the patient's capacity and best interests.
Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 770, Sec. 11, eff. June 16, 1995.