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 571 - General Provisions › Section 571.007. Delegation of Powers and Duties

Sec. 571.007.  DELEGATION OF POWERS AND DUTIES.  (a)  Except as otherwise expressly provided by this subtitle, an authorized, qualified department employee may exercise a power granted to or perform a duty imposed on the department.
(b)  Except as otherwise expressly provided by this subtitle, an authorized, qualified person designated by a facility administrator may exercise a power granted to or perform a duty imposed on the facility administrator.
(c)  The delegation of a duty under this section does not relieve the department or a facility administrator from responsibility.
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 571 - General Provisions › Section 571.008. Return of Committed Patient to State of Residence

Sec. 571.008.  RETURN OF COMMITTED PATIENT TO STATE OF RESIDENCE.  (a)  The department may return a nonresident patient committed to a department mental health facility or other mental health facility under Section 571.0081 to the proper agency of the patient's state of residence.
(b)  The department may permit the return of a resident of this state who is committed to a mental health facility in another state.
(c)  Subject to Section 571.0081, the department may enter into reciprocal agreements with the state or local authorities, as defined by Section 571.0081, of other states to facilitate the return of persons committed to mental health facilities in this state or another state to the states of their residence.
(d)  A department facility administrator may detain for not more than 96 hours pending a court order in a commitment proceeding in this state a patient returned to this state from another state where the person was committed.
(e)  The state returning a committed patient to another state shall bear the expenses of returning the patient, unless the state agrees to share costs under a reciprocal agreement under Section 571.0081.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 169 (S.B. 1889), 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 571 - General Provisions › Section 571.0081. Return of Committed Patient to State of Residence; Reciprocal Agreements

Sec. 571.0081.  RETURN OF COMMITTED PATIENT TO STATE OF RESIDENCE; RECIPROCAL AGREEMENTS.  (a)  In this section, "state or local authority" means a state or local government authority or agency or a representative of a state or local government authority or agency acting in an official capacity.
(b)  If a state or local authority of another state petitions the department, the department shall enter into a reciprocal agreement with the state or local authority to facilitate the return of persons committed to mental health facilities in this state to the state of their residence unless the department determines that the terms of the agreement are not acceptable.
(c)  A reciprocal agreement entered into by the department under Subsection (b) must require the department to develop a process for returning persons committed to mental health facilities to their state of residence.  The process must:
(1)  provide suitable care for the person committed to a mental health facility;
(2)  use available resources efficiently; and
(3)  consider commitment to a proximate mental health facility to facilitate the return of the committed patient to the patient's state of residence.
(d)  For the purpose of this section, the department shall coordinate, as appropriate, with a mental health facility, a mental hospital, health service providers, courts, and law enforcement personnel located in the geographic area nearest the petitioning state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 169 (S.B. 1889), Sec. 3, 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 571 - General Provisions › Section 571.009. Effect of Certain Conditions on Admission or Commitment

Sec. 571.009.  EFFECT OF CERTAIN CONDITIONS ON ADMISSION OR COMMITMENT.  A person with mental illness may not be denied admission or commitment to a mental health facility because the person also suffers from epilepsy, dementia, substance abuse, or intellectual disability.
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. 3.1359, 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 571 - General Provisions › Section 571.010. Agent for Service of Process

Sec. 571.010.  AGENT FOR SERVICE OF PROCESS.  (a)  The facility administrator or the superintendent, supervisor, or manager of an inpatient mental health facility is the agent for service of process on a patient confined in the facility.
(b)  The person receiving process shall sign a certificate with the person's name and title that states that the person is aware of the provisions of this subtitle.  The certificate shall be attached to the citation and returned by the serving officer.
(c)  The person receiving process, not later than the third day after its receipt, shall forward it by registered mail to the patient's legal guardian or personally deliver it to the patient, whichever appears to be in the patient's best interest.
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 571 - General Provisions › Section 571.011. Application to Persons Charged With Crime

Sec. 571.011.  APPLICATION TO PERSONS CHARGED WITH CRIME.  (a)  A child alleged to have engaged in delinquent conduct or conduct indicating a need for supervision under Title 3, Family Code, is not considered under this subtitle to be a person charged with a criminal offense.
(b)  The provisions in this subtitle relating to the discharge, furlough, or transfer of a patient do not apply to a person charged with a criminal offense who is admitted to a mental health facility under Subchapter D or E, Chapter 46B, Code of Criminal Procedure.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 35, Sec. 9, eff. Jan. 1, 2004.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.012. Court Hours; Availability of Judge or Magistrate

Sec. 571.012.  COURT HOURS;  AVAILABILITY OF JUDGE OR MAGISTRATE.  The probate court or court having probate jurisdiction shall be open for proceedings under this subtitle during normal business hours.  The probate judge or magistrate shall be available at all times at the request of a person apprehended or detained under Chapter 573, or a proposed patient under Chapter 574.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 485, Sec. 1, eff. June 11, 2001.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.013. Method of Giving Notice

Sec. 571.013.  METHOD OF GIVING NOTICE.  Except as otherwise provided by this subtitle, notice required under this subtitle may be given by delivering a copy of the notice or document in person or in another manner directed by the court that is reasonably calculated to give actual notice.
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 571 - General Provisions › Section 571.014. Filing Requirements

Sec. 571.014.  FILING REQUIREMENTS.  (a)  Each application, petition, certificate, or other paper permitted or required to be filed in a probate court or court having probate jurisdiction under this subtitle must be filed with the county clerk of the proper county.
(b)  The county clerk shall file each paper after endorsing on it:
(1)  the date on which the paper is filed;
(2)  the docket number;  and
(3)  the clerk's official signature.
(c)  A person may initially file a paper with the county clerk by the use of reproduced, photocopied, or electronically transmitted paper if the person files the original signed copies of the paper with the clerk not later than the 72nd hour after the hour on which the initial filing is made.  If the 72-hour period ends on a Saturday, Sunday, or legal holiday, the filing period is extended until 4 p.m. on the first succeeding business day.  If extremely hazardous weather conditions exist or a disaster occurs, the presiding judge or magistrate may by written order made each day extend the filing period until 4 p.m. on the first succeeding business day.  The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.  If a person detained under this subtitle would otherwise be released because the original signed copy of a paper is not filed within the 72-hour period but for the extension of the filing period under this section, the person may be detained until the expiration of the extended filing period.  This subsection does not affect another provision of this subtitle requiring the release or discharge of a person.
(d)  If the clerk does not receive the original signed copy of a paper within the period prescribed by this section, the judge may dismiss the proceeding on the court's own motion or on the motion of a party and, if the proceeding is dismissed, shall order the immediate release of a proposed patient who is not at liberty.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.42, 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 571 - General Provisions › Section 571.015. Inspection of Court Records

Sec. 571.015.  INSPECTION OF COURT RECORDS.  (a)  Each paper in a docket for mental health proceedings in the county clerk's office, including the docket book, indexes, and judgment books, is a public record of a private nature that may be used, inspected, or copied only under a written order issued by the county judge, a judge of a court that has probate jurisdiction, or a judge of a district court having jurisdiction in the county in which the docket is located.
(b)  A judge may not issue an order under Subsection (a) unless the judge enters a finding that:
(1)  the use, inspection, or copying is justified and in the public interest;  or
(2)  the paper is to be released to the person to whom it relates or to a person designated in a written release signed by the person to whom the paper relates.
(c)  In addition to the finding required by Subsection (b), if a law relating to confidentiality of mental health information or physician-patient privilege applies, the judge must find that the reasons for the use, inspection, or copying fall within the applicable statutory exemptions.
(d)  The papers shall be released to an attorney representing the proposed patient in a proceeding held under this subtitle.
(e)  This section does not affect access of law enforcement personnel to necessary information in execution of a writ or warrant.
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 571 - General Provisions › Section 571.016. Representation of State

Sec. 571.016.  REPRESENTATION OF STATE.  Unless specified otherwise, in a hearing held under this subtitle, including a hearing held under Subchapter G, Chapter 574:
(1)  the county attorney shall represent the state; or
(2)  if the county has no county attorney, the district attorney, the criminal district attorney, or a court-appointed special prosecutor shall represent the state.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 322, Sec. 1, eff. Aug. 28, 1995;  Acts 1995, 74th Leg., ch. 770, Sec. 1, eff. June 16, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 832 (H.B. 3342), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.0165. Extension of Detention Period

Sec. 571.0165.  EXTENSION OF DETENTION PERIOD.  (a)  If extremely hazardous weather conditions exist or a disaster occurs, the judge of a court having jurisdiction of a proceeding under Chapters 572, 573, 574, and 575 or a magistrate appointed by the judge may by written order made each day extend the period during which the person may be detained under those chapters until 4 p.m. on the first succeeding business day.
(b)  The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.
(c)  This section does not apply to a situation for which a specific procedure is prescribed by this subtitle for extending the detention period because of extremely hazardous weather conditions or the occurrence of a disaster.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.43, 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 571 - General Provisions › Section 571.0166. Proceedings on Behalf of the State

Sec. 571.0166.  PROCEEDINGS ON BEHALF OF THE STATE.  All applications under this subtitle shall be filed on behalf of the State of Texas and styled "The State of Texas for the Best Interest and Protection of (NAME) the (patient or proposed patient)."
Added by Acts 1995, 74th Leg., ch. 770, Sec. 2, eff. June 16, 1995.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.0167. Habeas Corpus Proceedings

Sec. 571.0167.  HABEAS CORPUS PROCEEDINGS.  (a)  A petition for a writ of habeas corpus arising from a commitment order must be filed in the court of appeals for the county in which the order is entered.
(b)  The state shall be made a party in a habeas corpus proceeding described in Subsection (a).  The appropriate attorney prescribed by Section 571.016 shall represent the state.
(c)  In a habeas corpus proceeding in which a department inpatient mental health facility or a physician employed by a department inpatient mental health facility is a party as a result of enforcing a commitment order, the appropriate attorney prescribed by Section 571.016 shall represent the facility or physician, or both the facility and physician if both are parties, unless the attorney determines that representation violates the Texas Disciplinary Rules of Professional Conduct.
Added by Acts 2011, 82nd Leg., R.S., Ch. 832 (H.B. 3342), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1360, 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 571 - General Provisions › Section 571.017. Compensation of Court-Appointed Personnel

Sec. 571.017.  COMPENSATION OF COURT-APPOINTED PERSONNEL.  (a)  The court shall order the payment of reasonable compensation to attorneys, physicians, language interpreters, sign interpreters, and associate judges appointed under this subtitle.
(b)  The compensation paid shall be taxed as costs in the case.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 334 (H.B. 890), 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 571 - General Provisions › Section 571.019. Limitation of Liability

Sec. 571.019.  LIMITATION OF LIABILITY.  (a)  A person who participates in the examination, certification, apprehension, custody, transportation, detention, treatment, or discharge of any person or in the performance of any other act required or authorized by this subtitle and who acts in good faith, reasonably, and without negligence is not criminally or civilly liable for that action.
(b)  A physician performing a medical examination and providing information to the court in a court proceeding held under this subtitle or providing information to a peace officer to demonstrate the necessity to apprehend a person under Chapter 573 is considered an officer of the court and is not liable for the examination or testimony when acting without malice.
(c)  A physician or inpatient mental health facility that discharges a voluntary patient is not liable for the discharge if:
(1)  a written request for the patient's release was filed and not withdrawn;  and
(2)  the person who filed the written request for discharge is notified that the person assumes all responsibility for the patient on discharge.
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 571 - General Provisions › Section 571.020. Criminal Penalties

Sec. 571.020.  CRIMINAL PENALTIES.  (a)  A person commits an offense if the person intentionally causes, conspires with another to cause, or assists another to cause the unwarranted commitment of a person to a mental health facility.
(b)  A person commits an offense if the person knowingly violates a provision of this subtitle.
(c)  An individual who commits an offense under this section is subject on conviction to:
(1)  a fine of not less than $50 or more than $25,000 for each violation and each day of a continuing violation;
(2)  confinement in jail for not more than two years for each violation and each day of a continuing violation;  or
(3)  both fine and confinement.
(d)  A person other than an individual who commits an offense under this section is subject on conviction to a fine of not less than $500 or more than $100,000 for each violation and each day of a continuing violation.
(e)  If it is shown on the trial of an individual that the individual has previously been convicted of an offense under this section, the offense is punishable by:
(1)  a fine of not less than $100 or more than $50,000 for each violation and each day of a continuing violation;
(2)  confinement in jail for not more than four years for each violation and each day of a continuing violation;  or
(3)  both fine and confinement.
(f)  If it is shown on the trial of a person other than an individual that the person previously has been convicted of an offense under this section, the offense is punishable by a fine of not less than $1,000 or more than $200,000 for each violation and each day of a continuing violation.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.45, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 705, Sec. 3.10(a), eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.021. Enforcement Officers

Sec. 571.021.  ENFORCEMENT OFFICERS.  The state attorney general and the district and county attorneys within their respective jurisdictions shall prosecute violations 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 C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.022. Injunction

Sec. 571.022.  INJUNCTION.  (a)  At the request of the department, the attorney general or the appropriate district or county attorney shall institute and conduct in the name of the state a suit for a violation of this subtitle or a rule adopted under this subtitle.
(b)  On his own initiative, the attorney general or district or county attorney may maintain an action for a violation of this subtitle or a rule adopted under this subtitle in the name of the state.
(c)  Venue may be maintained in Travis County or in the county in which the violation occurred.
(d)  The district court may grant any prohibitory or mandatory injunctive relief warranted by the facts, including a temporary restraining order, temporary injunction, or permanent injunction.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 3.11, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.023. Civil Penalty

Sec. 571.023.  CIVIL PENALTY.  (a)  A person is subject to a civil penalty of not more than $25,000 for each day of violation and for each act of violation of this subtitle or a rule adopted under this subtitle.  In determining the amount of the civil penalty, the court shall consider:
(1)  the person's or facility's previous violations;
(2)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(3)  whether the health and safety of the public was threatened by the violation;
(4)  the demonstrated good faith of the person or facility;  and
(5)  the amount necessary to deter future violations.
(b)  The department or party bringing the suit may:
(1)  combine a suit to assess and recover civil penalties with a suit for injunctive relief brought under Section 571.022 or 577.019;  or
(2)  file a suit to assess and recover civil penalties independently of a suit for injunctive relief.
(c)  At the request of the department, the attorney general or the appropriate district or county attorney shall institute and conduct the suit authorized by Subsection (b) in the name of the state.
(d)  On his own initiative, the attorney general, district attorney, or county attorney may maintain an action as authorized by Subsection (b) for a violation of this subtitle or a rule adopted under this subtitle in the name of the state.
(e)  The department and the party bringing the suit may recover reasonable expenses incurred in obtaining injunctive relief, civil penalties, or both, including investigation costs, court costs, reasonable attorney fees, witness fees, and deposition expenses.
(f)  A penalty collected under this section by the attorney general shall be deposited to the credit of the general revenue fund.  A penalty collected under this section by a district or county attorney shall be deposited to the credit of the general fund of the county in which the suit was heard.
(g)  The civil penalty and injunctive relief authorized by this section and Sections 571.022 and 577.019 are in addition to any other civil, administrative, or criminal remedies provided by law.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 3.11, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.024. Notice of Suit

Sec. 571.024.  NOTICE OF SUIT.  Not later than the seventh day before the date on which the attorney general intends to bring suit on his own initiative, the attorney general shall provide to the department notice of the suit.  The attorney general is not required to provide notice of a suit if the attorney general determines that waiting to bring suit until the notice is provided will create an immediate threat to the health and safety of a patient.  This section does not create a requirement that the attorney general obtain the permission of or a referral from the department before filing suit.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 3.11, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 571 - General Provisions › Section 571.026. Recovery of Costs

Sec. 571.026.  RECOVERY OF COSTS.  If the attorney general brings an action to enforce an administrative penalty assessed under this chapter and the court orders the payment of the penalty, the attorney general may recover reasonable expenses incurred in the investigation, initiation, or prosecution of the enforcement suit, including investigative costs, court costs, reasonable attorney fees, witness fees, and deposition expenses.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 3.111, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 572 - Voluntary Mental Health Services › Section 572.002. Admission

Sec. 572.002.  ADMISSION.  The facility administrator or the administrator's authorized, qualified designee may admit a person for whom a proper request for voluntary inpatient or outpatient services is filed if the administrator or the designee determines:
(1)  from a preliminary examination that the person has symptoms of mental illness and will benefit from the inpatient or outpatient services;
(2)  that the person has been informed of the person's rights as a voluntary patient; and
(3)  that the admission was voluntarily agreed to:
(A)  by the person, if the person is  16 years of age or older; or
(B)  by the person's parent, managing conservator, or guardian, if the person is younger than 18 years of age.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 393, Sec. 2, eff. Aug. 28, 1995;  Acts 2003, 78th Leg., ch. 1000, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 566 (S.B. 718), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 572 - Voluntary Mental Health Services › Section 572.0022. Information on Medications

Sec. 572.0022.  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. 1.03, eff. May 1, 1994.  Amended by Acts 1997, 75th Leg., ch. 337, Sec. 2, eff. May 27, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1363, 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 572 - Voluntary Mental Health Services › Section 572.0026. Voluntary Admission Restrictions

Sec. 572.0026.  VOLUNTARY ADMISSION RESTRICTIONS.  The facility administrator of an inpatient mental health facility or the administrator's designee may only approve the admission of a person for whom a proper request for voluntary inpatient services is filed if, at the time the request is filed, there is available space at the inpatient mental health facility.
Added by Acts 2023, 88th Leg., R.S., Ch. 1035 (S.B. 26), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 572 - Voluntary Mental Health Services › Section 572.003. Rights of Patients

Sec. 572.003.  RIGHTS OF PATIENTS.  (a)  A person's voluntary admission to an inpatient mental health facility under this chapter does not affect the person's civil rights or legal capacity or affect the person's right to obtain a writ of habeas corpus.
(b)  In addition to the rights provided by this subtitle, a person voluntarily admitted to an inpatient mental health facility under this chapter has the right:
(1)  to be reviewed periodically to determine the person's need for continued inpatient treatment;  and
(2)  to have an application for court-ordered mental health services filed only as provided by Section 572.005.
(c)  A person admitted to an inpatient mental health facility under this chapter shall be informed of the rights provided under this section and Section 572.004:
(1)  orally in simple, nontechnical terms, within 24 hours after the time the person is admitted, and in writing in the person's primary language, if possible;  or
(2)  through the use of a means reasonably calculated to communicate with a hearing impaired or visually impaired person, if applicable.
(d)  The patient's parent, managing conservator, or guardian shall also be informed of the patient's rights as required by this section if the patient is a minor.
(e)  In addition to the rights provided by this subtitle, a person voluntarily admitted to an inpatient mental health facility under Section 572.002(3)(B) has the right to be evaluated by a physician at regular intervals to determine the person's need for continued inpatient treatment.  The executive commissioner by rule shall establish the intervals at which a physician shall evaluate a person under this subsection.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 903, Sec. 1.02, eff. Aug. 30, 1993;  Acts 2003, 78th Leg., ch. 1000, Sec. 3, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1365, 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 572 - Voluntary Mental Health Services › Section 572.005. Application for Court-Ordered Treatment

Sec. 572.005.  APPLICATION FOR COURT-ORDERED TREATMENT.  (a)  An application for court-ordered mental health services may not be filed against a patient receiving voluntary inpatient services unless:
(1)  a request for release of the patient has been filed with the facility administrator;  or
(2)  in the opinion of the physician responsible for the patient's treatment, the patient meets the criteria for court-ordered mental health services and:
(A)  is absent from the facility without authorization;
(B)  is unable to consent to appropriate and necessary psychiatric treatment;  or
(C)  refuses to consent to necessary and appropriate treatment recommended by the physician responsible for the patient's treatment and that physician completes a certificate of medical examination for mental illness that, in addition to the information required by Section 574.011, includes the opinion of the physician that:
(i)  there is no reasonable alternative to the treatment recommended by the physician;  and
(ii)  the patient will not benefit from continued inpatient care without the recommended treatment.
(b)  The physician responsible for the patient's treatment shall notify the patient if the physician intends to file an application for court-ordered mental health services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 903, Sec. 1.04, 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 572 - Voluntary Mental Health Services › Section 572.0051. Transportation of Patient to Another State

Sec. 572.0051.  TRANSPORTATION OF PATIENT TO ANOTHER STATE.  A person may not transport a patient to a mental health facility in another state for 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. 566 (S.B. 718), Sec. 4, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 573 - Emergency Detention › Subchapter A. Apprehension by Peace Officer or Transportation for Emergency Detention by Guardian › Section 573.0001. Definitions

Sec. 573.0001.  DEFINITIONS.  In this chapter:
(1)  "Emergency medical services personnel" and "emergency medical services provider" have the meanings assigned by Section 773.003.
(2)  "Law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.
Added by Acts 2017, 85th Leg., R.S., Ch. 541 (S.B. 344), Sec. 1, eff. June 9, 2017.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 573 - Emergency Detention › Subchapter A. Apprehension by Peace Officer or Transportation for Emergency Detention by Guardian › Section 573.0021. Duty of Peace Officer to Notify Probate Courts

Sec. 573.0021.  DUTY OF PEACE OFFICER TO NOTIFY PROBATE COURTS.  As soon as practicable, but not later than the first working day after the date a peace officer takes a person who is a ward into custody, the peace officer shall notify the court having jurisdiction over the ward's guardianship of the ward's detention or transportation to a facility in accordance with Section 573.001.
Added by Acts 2017, 85th Leg., R.S., Ch. 313 (S.B. 1096), Sec. 13, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 573 - Emergency Detention › Subchapter A. Apprehension by Peace Officer or Transportation for Emergency Detention by Guardian › Section 573.003. Transportation for Emergency Detention by Guardian

Sec. 573.003.  TRANSPORTATION FOR EMERGENCY DETENTION BY GUARDIAN.  (a)  A guardian of the person of a ward who is 18 years of age or older, without the assistance of a peace officer, may transport the ward to an inpatient mental health facility for a preliminary examination in accordance with Section 573.021 if the guardian has reason to believe and does believe that:
(1)  the ward is a person with mental illness; and
(2)  because of that mental illness there is a substantial risk of serious harm to the ward or to others unless the ward is immediately restrained.
(b)  A substantial risk of serious harm to the ward or others under Subsection (a)(2) may be demonstrated by:
(1)  the ward's behavior;  or
(2)  evidence of severe emotional distress and deterioration in the ward's mental condition to the extent that the ward cannot remain at liberty.
Added by Acts 2003, 78th Leg., ch. 692, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1367, 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 573 - Emergency Detention › Subchapter A. Apprehension by Peace Officer or Transportation for Emergency Detention by Guardian › Section 573.004. Guardian's Application for Emergency Detention

Sec. 573.004.  GUARDIAN'S APPLICATION FOR EMERGENCY DETENTION.  (a)   After transporting a ward to a facility under Section 573.003, a guardian shall immediately file an application for detention with the facility.
(b)  The application for detention must contain:
(1)  a statement that the guardian has reason to believe and does believe that the ward evidences mental illness;
(2)  a statement that the guardian has reason to believe and does believe that the ward evidences a substantial risk of serious harm to the ward or others;
(3)  a specific description of the risk of harm;
(4)  a statement that the guardian has reason to believe and does believe that the risk of harm is imminent unless the ward is immediately restrained;
(5)  a statement that the guardian's beliefs are derived from specific recent behavior, overt acts, attempts, or threats that were observed by the guardian;  and
(6)  a detailed description of the specific behavior, acts, attempts, or threats.
(c)  The guardian shall immediately provide written notice of the filing of an application under this section to the court that granted the guardianship.
Added by Acts 2003, 78th Leg., ch. 692, Sec. 6, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 573 - Emergency Detention › Subchapter A. Apprehension by Peace Officer or Transportation for Emergency Detention by Guardian › Section 573.005. Transportation for Emergency Detention by Emergency Medical Services Provider; Memorandum of Understanding

Sec. 573.005.  TRANSPORTATION FOR EMERGENCY DETENTION BY EMERGENCY MEDICAL SERVICES PROVIDER; MEMORANDUM OF UNDERSTANDING.  (a)  A law enforcement agency and an emergency medical services provider may execute a memorandum of understanding under which emergency medical services personnel employed by the provider may transport a person taken into custody under Section 573.001 by a peace officer employed by the law enforcement agency.
(b)  A memorandum of understanding must:
(1)  address responsibility for the cost of transporting the person taken into custody; and
(2)  be approved by the county in which the law enforcement agency is located and the local mental health authority that provides services in that county with respect to provisions of the memorandum that address the responsibility for the cost of transporting the person.
(c)  A peace officer may request that emergency medical services personnel transport a person taken into custody by the officer under Section 573.001 only if:
(1)  the law enforcement agency that employs the officer and the emergency medical services provider that employs the personnel have executed a memorandum of understanding under this section; and
(2)  the officer determines that transferring the person for transport is safe for both the person and the personnel.
(d)  Emergency medical services personnel may, at the request of a peace officer, transport a person taken into custody by the officer under Section 573.001 to the appropriate facility, as provided by that section, if the law enforcement agency that employs the officer and the emergency medical services provider that employs the personnel have executed a memorandum of understanding under this section.
(e)  A peace officer who transfers a person to emergency medical services personnel under a memorandum of understanding executed under this section for transport to the appropriate facility must provide:
(1)  to the person the notice described by Section 573.001(g); and
(2)  to the personnel a completed notification of detention about the person on the form provided by Section 573.002(d).
Added by Acts 2017, 85th Leg., R.S., Ch. 541 (S.B. 344), Sec. 4, eff. June 9, 2017.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 573 - Emergency Detention › Subchapter B. Judge's or Magistrate's Order for Emergency Apprehension and Detention › Section 573.011. Application for Emergency Detention

Sec. 573.011.  APPLICATION FOR EMERGENCY DETENTION.  (a)  An adult may file a written application for the emergency detention of another person.
(b)  The application must state:
(1)  that the applicant has reason to believe and does believe that the person evidences mental illness;
(2)  that the applicant has reason to believe and does believe that the person evidences a substantial risk of serious harm to himself or others;
(3)  a specific description of the risk of harm;
(4)  that the applicant has reason to believe and does believe that the risk of harm is imminent unless the person is immediately restrained;
(5)  that the applicant's beliefs are derived from specific recent behavior, overt acts, attempts, or threats;
(6)  a detailed description of the specific behavior, acts, attempts, or threats;  and
(7)  a detailed description of the applicant's relationship to the person whose detention is sought.
(c)  The application may be accompanied by any relevant information.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 573 - Emergency Detention › Subchapter C. Emergency Detention, Release, and Rights › Section 573.021. Preliminary Examination

Sec. 573.021.  PRELIMINARY EXAMINATION.  (a)  A facility shall temporarily accept a person for whom an application for detention is filed or for whom a peace officer or emergency medical services personnel of an emergency medical services provider transporting the person in accordance with a memorandum of understanding executed under Section 573.005 files a notification of detention completed by the peace officer under Section 573.002(a).
(b)  A person accepted for a preliminary examination may be detained in custody for not longer than 48 hours after the time the person is presented to the facility unless a written order for protective custody is obtained.  The 48-hour period allowed by this section includes any time the patient spends waiting in the facility for medical care before the person receives the preliminary examination.  If the 48-hour period ends on a Saturday, Sunday, legal holiday, or before 4 p.m. on the first succeeding business day, the person may be detained until 4 p.m. on the first succeeding business day. If the 48-hour period ends at a different time, the person may be detained only until 4 p.m. on the day the 48-hour period ends.  If extremely hazardous weather conditions exist or a disaster occurs, the presiding judge or magistrate may, by written order made each day, extend by an additional 24 hours the period during which the person may be detained.  The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.
(c)  A physician shall examine the person as soon as possible within 12 hours after the time the person is apprehended by the peace officer or transported for emergency detention by the person's guardian.
(d)  A facility must comply with this section only to the extent that the commissioner determines that a facility has sufficient resources to perform the necessary services under this section.
(e)  A person may not be detained in a private mental health facility without the consent of the facility administrator.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 623, Sec. 1, eff. June 11, 2001;  Acts 2003, 78th Leg., ch. 692, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 202 (H.B. 518), Sec. 1, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 333 (H.B. 888), Sec. 1, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 318 (H.B. 1738), Sec. 3, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 541 (S.B. 344), Sec. 5, eff. June 9, 2017.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 573 - Emergency Detention › Subchapter C. Emergency Detention, Release, and Rights › Section 573.022. Emergency Admission and Detention

Sec. 573.022.  EMERGENCY ADMISSION AND DETENTION.  (a)  A person may be admitted to a facility for emergency detention only if the physician who conducted the preliminary examination of the person makes a written statement that:
(1)  is acceptable to the facility;
(2)  states that after a preliminary examination it is the physician's opinion that:
(A)  the person is a person with mental illness;
(B)  the person evidences a substantial risk of serious harm to the person or to others;
(C)  the described risk of harm is imminent unless the person is immediately restrained; and
(D)  emergency detention is the least restrictive means by which the necessary restraint may be accomplished; and
(3)  includes:
(A)  a description of the nature of the person's mental illness;
(B)  a specific description of the risk of harm the person evidences that may be demonstrated either by the person's behavior or by evidence of severe emotional distress and deterioration in the person's mental condition to the extent that the person cannot remain at liberty; and
(C)  the specific detailed information from which the physician formed the opinion in Subdivision (2).
(b)  A mental health facility that has admitted a person for emergency detention under this section may transport the person to a mental health facility deemed suitable by the local mental health authority for the area.  On the request of the local mental health authority, the judge may order that the proposed patient be detained in a department mental health facility.
(c)  A facility that has admitted a person for emergency detention under Subsection (a) or to which a person has been transported under Subsection (b) may transfer the person to an appropriate mental hospital with the written consent of the hospital administrator.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 842, Sec. 1, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 367, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 510 (H.B. 1829), Sec. 2, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1368, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 573 - Emergency Detention › Subchapter C. Emergency Detention, Release, and Rights › Section 573.023. Release From Emergency Detention

Sec. 573.023.  RELEASE FROM EMERGENCY DETENTION.  (a)  A person apprehended by a peace officer or transported for emergency detention under Subchapter A  or detained under Subchapter B  shall be released on completion of the preliminary examination unless the person is admitted to a facility under Section 573.022.
(b)  A person admitted to a facility under Section 573.022 shall be released if the facility administrator determines at any time during the emergency detention period that one of the criteria prescribed by Section 573.022(a)(2) no longer applies.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 692, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1369, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 573 - Emergency Detention › Subchapter C. Emergency Detention, Release, and Rights › Section 573.024. Transportation After Release

Sec. 573.024.  TRANSPORTATION AFTER RELEASE.  (a)  Arrangements shall be made to transport a person who is entitled to release under Section 573.023 to:
(1)  the location of the person's apprehension;
(2)  the person's residence in this state;  or
(3)  another suitable location.
(b)  Subsection (a) does not apply to a person who is arrested or who objects to the transportation.
(c)  If the person was apprehended by a peace officer under Subchapter A, arrangements must be made to immediately transport the person.  If the person was transported for emergency detention under Subchapter A  or detained under Subchapter B, the person is entitled to reasonably prompt transportation.
(d)  The county in which the person was apprehended shall pay the costs of transporting the person.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 692, Sec. 9, eff. Sept. 1, 2003.