reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter C. Emergency Detention › Section 462.047. Release From Emergency Detention

Sec. 462.047.  RELEASE FROM EMERGENCY DETENTION.  (a)  A person detained under this subchapter shall be released if the facility administrator or the administrator's designee determines at any time during the emergency detention period that one of the criteria prescribed by Section 462.043(b) no longer applies.
(b)  If a person is released from emergency detention and is not arrested and does not object, arrangements shall be made to return the person to the location of apprehension or other suitable place.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter C. Emergency Detention › Section 462.048. Rights of Person Apprehended or Detained

Sec. 462.048.  RIGHTS OF PERSON APPREHENDED OR DETAINED.  (a)  A person apprehended or detained under this subchapter has the right:
(1)  to be advised of the location of detention, the reasons for the detention, and the fact that detention could result in a longer period of involuntary commitment;
(2)  to contact an attorney of the person's choice and to a reasonable opportunity to contact that attorney;
(3)  to be transported to the location of apprehension or other suitable place if the person is not admitted for emergency detention, unless the person is arrested or objects to the return;
(4)  to be released from a facility as provided by Section 462.047;  and
(5)  to be advised that communications to a chemical dependency treatment professional may be used in proceedings for further detention.
(b)  Within 24 hours after the time of admission, a person apprehended or detained under this subchapter shall be advised, orally, in writing, and in simple, nontechnical terms, of the rights provided by this section.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.061. Court-Ordered Treatment; Jurisdiction

Sec. 462.061.  COURT-ORDERED TREATMENT;  JURISDICTION.  (a)  A proceeding for court-ordered treatment under this chapter shall be held in a constitutional county court, a statutory county court having probate jurisdiction, or a statutory probate court in the county in which the proposed patient resides, is found, or is receiving court-ordered treatment or treatment under Section 462.041 when the application is filed unless otherwise specifically designated.
(b)  If the hearing is to be held in a constitutional county court in which the judge is not a licensed attorney, the proposed patient may request that the proceeding be transferred to a statutory court having probate jurisdiction or to a district court.  The county judge shall transfer the case after receiving the request and the receiving court shall hear the case as if it had been originally filed in that court.
(c)  The commitment of a juvenile under this subchapter must be heard in a district court or statutory court that has juvenile or probate jurisdiction.  The commitment of a juvenile under Section 462.081 may be heard only in a court that has juvenile jurisdiction.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.062. Application for Court-Ordered Treatment

Sec. 462.062.  APPLICATION FOR COURT-ORDERED TREATMENT.  (a)  A county or district attorney or other adult may file a sworn written application for court-ordered treatment of another person.  Only the district or county attorney may file an application that is not accompanied by a certificate of medical examination for chemical dependency.
(b)  The application must be filed with the county clerk in the county in which the proposed patient:
(1)  resides;
(2)  is found; or
(3)  is receiving treatment services by court order or under Section 462.041.
(c)  If the application is not filed in the county in which the proposed patient resides, the court may, on request of the proposed patient or the proposed patient's attorney and if good cause is shown, transfer the application to that county.
(d)  The application must be styled using the initials of the proposed patient and not the proposed patient's full name.
(e)  The application must contain the following information according to the applicant's information and belief:
(1)  the proposed patient's name and address, including the county in which the proposed patient resides, if known;
(2)  a statement that the proposed patient is a person with a chemical dependency who:
(A)  is likely to cause serious harm to the person or others; or
(B)  will continue to suffer abnormal mental, emotional, or physical distress, will continue to deteriorate in ability to function independently if not treated, and is unable to make a rational and informed choice as to whether to submit to treatment; and
(3)  a statement that the proposed patient is not charged with a criminal offense that involves an act, attempt, or threat of serious bodily injury to another person.
(f)  Subsection (e)(3) does not apply if the proposed patient is a juvenile alleged to be a child engaged in delinquent conduct or conduct indicating a need for supervision as defined by Section 51.03, Family Code.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1169, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.063. Prehearing Procedure

Sec. 462.063.  PREHEARING PROCEDURE.  (a)  When the application is filed, the court shall set a date for a hearing on the merits of the application to be held within 14 days after the date on which the application is filed.  The hearing may not be held during the first three days after the application is filed if the proposed patient or the proposed patient's attorney objects.  The court may grant one or more continuances of the hearing on motion by a party and for good cause shown or on agreement of the parties.  However, the hearing shall be held not later than the 30th day after the date on which the original application is filed.
(b)  Immediately after the date for the hearing is set, the clerk shall give written notice of the hearing and a copy of the application to the proposed patient and the proposed patient's attorney in the manner the court directs.
(c)  The court shall appoint an attorney to represent the proposed patient if the proposed patient does not retain an attorney of the proposed patient's choice.
(d)  The court shall appoint an attorney for a proposed patient who is a minor, regardless of the ability of the proposed patient or the proposed patient's family to afford an attorney.
(e)  The court shall allow a court-appointed attorney a reasonable fee for services.  The fee shall be collected as costs of the court.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.064. Certificate of Medical Examination for Chemical Dependency

Sec. 462.064.  CERTIFICATE OF MEDICAL EXAMINATION FOR CHEMICAL DEPENDENCY.  (a)  A hearing on court-ordered treatment may not be held unless there are on file with the court at least two certificates of medical examination for chemical dependency completed by different physicians each of whom has examined the proposed patient not earlier than the 30th day before the date the final hearing is held.
(b)  If the certificates are not filed with the application, the court may appoint the necessary physicians to examine the proposed patient and file the certificates.  The court may order the proposed patient to submit to the examinations and may issue a warrant authorizing a peace officer to take the proposed patient into custody for the examinations.
(c)  A certificate must be dated and signed by the examining physician.  The certificate must include:
(1)  the name and address of the examining physician;
(2)  the name and address of the proposed patient;
(3)  the date and place of the examination;
(4)  the period, if any, during which the proposed patient has been under the care of the examining physician;
(5)  an accurate description of the treatment, if any, given by or administered under the direction of the examining physician; and
(6)  the examining physician's opinions whether the proposed patient is a person with a chemical dependency and:
(A)  is likely to cause serious harm to the person;
(B)  is likely to cause serious harm to others; or
(C)  will continue to suffer abnormal mental, emotional, or physical distress and to deteriorate in ability to function independently if not treated and is unable to make a rational and informed choice as to whether or not to submit to treatment.
(d)  The certificate must include the detailed reason for each of the examining physician's opinions under this section.
(e)  If the certificates required under this section are not on file at the time set for the hearing on the application, the judge shall dismiss the application and order the immediate release of the proposed patient if that person is not at liberty.  If extremely hazardous weather conditions exist or a disaster occurs, the presiding judge or magistrate may by written order made each day extend the period during which the two certificates of medical examination for chemical dependency may be filed, and the person may be detained 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.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 567, Sec. 14, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1170, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.067. Hearing on Application for Court-Ordered Treatment

Sec. 462.067.  HEARING ON APPLICATION FOR COURT-ORDERED TREATMENT.  (a)  A hearing on court-ordered treatment must be before a jury unless the proposed patient and the proposed patient's attorney waive the right to a jury.  The waiver may be filed at any time after the proposed patient is served with the application and receives notice of the hearing.  The waiver must be in writing, under oath, and signed and sworn to by the proposed patient and the proposed patient's attorney.
(b)  The proposed patient is entitled to a hearing and to be present at the hearing, but the proposed patient or the proposed patient's attorney may waive either right.
(c)  A court hearing may be held at any suitable location in the county.  On the request of the proposed patient or the proposed patient's attorney, the hearing shall be held in the county courthouse.
(d)  The Texas Rules of Civil Procedure and Texas Rules of Evidence apply to a hearing unless the rules are inconsistent with this chapter.  The hearing is on the record, and the state must prove each issue by clear and convincing evidence.
(e)  In addition to the rights prescribed by this chapter, the proposed patient is entitled to:
(1)  present evidence on the proposed patient's own behalf;
(2)  cross-examine witnesses who testify on behalf of the applicant;
(3)  view and copy all petitions and reports in the court file of the cause;  and
(4)  elect to have the hearing open or closed to the public.
(f)  The proposed patient or the proposed patient's attorney, by a written document filed with the court, may waive the right to cross-examine witnesses, and, if that right is waived, the court may admit as evidence the certificates of medical examination for chemical dependency.  The certificates admitted under this subsection constitute competent medical or psychiatric testimony, and the court may make its findings solely from the certificates.  If the proposed patient or the proposed patient's attorney does not waive the right to cross-examine witnesses, the court shall hear testimony.  The testimony must include competent medical or psychiatric testimony.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., ch. 567, Sec. 15, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 1420, Sec. 10.0031, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.068. Release After Hearing

Sec. 462.068.  RELEASE AFTER HEARING.  (a)  The court shall enter an order denying an application for court-ordered treatment if after a hearing the court or jury fails to find, from clear and convincing evidence, that the proposed patient is a person with a chemical dependency and meets the criteria for court-ordered treatment.
(b)  If the court denies the application, the court shall order the discharge of a proposed patient who is not at liberty.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1173, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.069. Court Order and Place of Treatment

Sec. 462.069.  COURT ORDER AND PLACE OF TREATMENT.  (a)  The court shall commit the proposed patient to a treatment facility approved by the department to accept court commitments for not more than 90 days if:
(1)  the proposed patient admits the allegations of the application; or
(2)  at the hearing on the merits, the court or jury finds that the material allegations in the application have been proved by clear and convincing evidence.
(b)  The judge may, on request by the proposed patient, enter an order requiring the proposed patient to participate in a licensed outpatient treatment facility or services provided by a private licensed physician, psychologist, social worker, or professional counselor if the judge finds that the participation is in the proposed patient's best interest considering the proposed patient's impairment.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1174, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.070. Motion for Modification of Order for Outpatient Treatment

Sec. 462.070.  MOTION FOR MODIFICATION OF ORDER FOR OUTPATIENT TREATMENT.  (a)  The court that entered an order directing a patient to participate in outpatient care or services may set a hearing to determine if the order should be modified to specifically require inpatient treatment.  The court may set the hearing on its own motion, at the request of the person responsible for the care or 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 held.  The patient shall be given notice of the matters to be considered at the hearing.  The notice must comply with the requirements of Section 462.063 for notice before a hearing on court-ordered treatment.
(c)  The hearing shall be held before the court, without a jury, and as prescribed by Section 462.067.  The patient shall be represented by an attorney and receive proper notice.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.071. Order for Temporary Detention

Sec. 462.071.  ORDER FOR TEMPORARY DETENTION.  (a)  The person responsible for a patient's court-ordered outpatient care or treatment or the administrator of the outpatient treatment facility in which a patient receives care or treatment shall file a sworn application for the patient's temporary detention pending the modification hearing.
(b)  The application must state the applicant's opinion and detail the basis for the applicant's opinion that:
(1)  the patient meets the criteria described by Section 462.072;  and
(2)  detention in an approved inpatient treatment facility is necessary to evaluate the appropriate setting for continued court-ordered services.
(c)  The court may issue an order for temporary detention if 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 order for temporary detention is signed, the court shall appoint an attorney to represent a patient who does not have an attorney.
(e)  Within 72 hours after the time the 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.
(f)  A temporary detention order shall direct a peace officer or other designated person to take the patient into custody and transport the patient immediately to:
(1)  the nearest appropriate approved inpatient treatment facility;  or
(2)  a suitable facility if an appropriate approved inpatient treatment facility is not available.
(g)  A patient may be detained under a temporary detention order for not more than 72 hours.  The exceptions applicable to the 72-hour limitation for holding a probable cause hearing for an order of protective custody under Section 462.066(a) apply to detention under this section.
(h)  A facility administrator shall immediately release a patient held under a temporary detention order if the facility administrator does not receive notice that the patient's continued detention was authorized after a modification hearing was held within the period prescribed by Subsection (g).
(i)  A patient released from an inpatient treatment facility under Subsection (h) continues to be subject to the order committing the person to an approved outpatient treatment facility, if the order has not expired.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.072. Modification of Order for Outpatient Services

Sec. 462.072.  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 continues to meet the applicable criteria for court-ordered treatment prescribed by this chapter and that:
(1)  the patient has not complied with the court's order;  or
(2)  the patient's condition has deteriorated to the extent that outpatient care or services are no longer appropriate.
(b)  A court may refuse to modify the order and may direct the patient to continue to participate in outpatient care or treatment 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 chemical dependency signed by a physician who examined the patient not earlier than the seventh day before the date the hearing is held.
(d)  A modification may include:
(1)  incorporating in the order a revised treatment program and providing for continued outpatient care or treatment 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 approved treatment facility for inpatient care.
(e)  A court may not extend the provision of court-ordered treatment beyond the period prescribed in the original order.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.073. Modification of Order for Inpatient Treatment

Sec. 462.073.  MODIFICATION OF ORDER FOR INPATIENT TREATMENT.  (a)  The administrator of a facility to which a patient is committed for inpatient treatment may request the court that entered the commitment order to modify the order to require the patient to participate in outpatient care or services.
(b)  The facility administrator's request must explain in detail the reason for the request.  The request must be accompanied by a certificate of medical examination for chemical dependency signed by a physician who examined the patient during the preceding seven days.
(c)  The patient shall be given notice of the request.
(d)  On request of the patient or any other interested person, the court shall hold a hearing on the request.  The court shall appoint an attorney to represent the patient at the hearing.  The hearing shall be held before the court without a jury and as prescribed by Section 462.067.  The patient shall be represented by an attorney and receive proper notice.
(e)  If a hearing is not requested, the court may make the decision solely from the request and the supporting certificate.
(f)  If the court modifies the order, the court shall identify a person to be responsible for the outpatient care or services.
(g)  The person responsible for the care or services shall submit to the court within two weeks after the court enters the order a general program of the treatment to be provided.  The program must be incorporated into the court order.
(h)  A modified order may not extend beyond the term of the original order.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.0731. Outpatient Care in Certain Counties

Sec. 462.0731.  OUTPATIENT CARE IN CERTAIN COUNTIES.  (a)  This section applies to a chemically dependent patient who is a resident of a county with a population of more than 3.3 million, according to the most recent federal decennial census, and whose inpatient commitment is modified to an outpatient commitment, who is furloughed from an inpatient facility, or who is committed to treatment on an outpatient basis.
(b)  The department shall arrange and furnish alternative settings for outpatient care, treatment, and supervision in the patient's county of residence.  The services must be provided as close as possible to the patient's residence.
(c)  A patient receiving services under this section shall report at least weekly to the person responsible for the patient's outpatient care and services.
(d)  The person responsible for the patient's outpatient care or treatment shall notify the committing court of the patient's treatment plan and condition at least monthly until the end of the commitment period.
Added by Acts 1991, 72nd Leg., ch. 567, Sec. 16, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 48, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1175, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.074. Hospitalization Outside Treatment Facility

Sec. 462.074.  HOSPITALIZATION OUTSIDE TREATMENT FACILITY.  (a)  A patient receiving court-ordered treatment in a treatment facility may be transferred to a hospital if, in the opinion of a licensed physician, the patient requires immediate medical care and treatment.
(b)  The hospital may, with the patient's consent, provide any necessary medical treatment, including surgery.  The hospital may provide medical treatment without the patient's consent to the extent provided by other law.
(c)  The patient shall be returned to the treatment facility if the order for court-ordered treatment has not expired at the completion of the hospital treatment.
(d)  An order for court-ordered treatment may be renewed while the person is in the hospital.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.075. Renewal of Order for Court-Ordered Treatment

Sec. 462.075.  RENEWAL OF ORDER FOR COURT-ORDERED TREATMENT.  (a)  A court may renew an order for court-ordered treatment entered under this subchapter.
(b)  An applicant who has reasonable cause to believe that a patient remains chemically dependent and that, because of the chemical dependency, the patient is likely to cause serious physical harm to himself or others may file an application to renew the original order for court-ordered treatment.  The application must comply with the requirements of Section 462.062. The applicant must file the application not later than the 14th day before the date on which the previous order expires.
(c)  The application must be accompanied by two new certificates of medical examination for chemical dependency.  The certificates must comply with the requirements of Section 462.064.
(d)  An application for renewal is considered an original application for court-ordered treatment.  The provisions of this subchapter relating to notice, hearing procedure, and the proposed patient's rights apply to the application for renewal.
(e)  The court shall enter an order denying an application for court-ordered treatment if the court or jury fails to find, from clear and convincing evidence, that the proposed patient is a person with a chemical dependency and meets the criteria for court-ordered treatment.  If the court denies the application, the court shall order the discharge of a proposed patient who is not at liberty.
(f)  The court shall commit the proposed patient to a treatment facility approved by the department to accept commitments for not more than 90 days if:
(1)  the proposed patient admits the allegations of the application; or
(2)  at the hearing on the merits, the court or jury finds that the material allegations in the application have been proved by clear and convincing evidence.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1176, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.076. Appeal

Sec. 462.076.  APPEAL.  (a)  The appeal of an order requiring court-ordered treatment must be filed in the court of appeals for the county in which the order is issued.
(b)  Notice of appeal must be filed not later than the 10th day after the date on which the order is signed.
(c)  When the notice of 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 case is pending may:
(1)  stay the order and release the person from custody pending the appeal if the judge is satisfied that the person does not meet the criteria for protective custody under Section 462.065;  and
(2)  if the person 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 any rule concerning the time for filing briefs and docketing cases.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.077. Pass or Furlough From Inpatient Care

Sec. 462.077.  PASS OR FURLOUGH FROM INPATIENT CARE.  (a)  The facility administrator may permit a patient admitted to the facility under an order for inpatient 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.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.078. Return to Facility Under Facility Administrator's Certificate or Court Order

Sec. 462.078.  RETURN TO FACILITY UNDER FACILITY ADMINISTRATOR'S CERTIFICATE OR COURT ORDER.  (a)  The administrator of a facility to which a patient was admitted for court-ordered inpatient services may have an absent patient taken into custody, detained, and returned to the facility by:
(1)  signing a certificate authorizing the patient's return;  or
(2)  filing the certificate with a magistrate and requesting the magistrate to order the patient's return.
(b)  A magistrate may issue an order directing a peace or health officer to take a patient into custody and return the patient to the facility if the facility administrator files the certificate as prescribed by this section.  The facility head may sign or file the certificate if the facility head reasonably believes that:
(1)  the patient is absent without authority from the facility;
(2)  the patient has violated the conditions of a pass or furlough;  or
(3)  the patient's condition has deteriorated to the extent that the patient's continued absence from the facility under a pass or furlough is inappropriate.
(c)  A peace or health officer shall take the patient into custody and return the patient to the facility as soon as possible if the patient's return is authorized by the facility administrator's certificate or the court order.  The peace or health officer may take the patient into custody without having the certificate or court order in the officer's possession.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.079. Revocation of Furlough

Sec. 462.079.  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 or chemical dependency 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 462.078(b)(1) or (2).
(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.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1177, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.080. Release From Court-Ordered Treatment

Sec. 462.080.  RELEASE FROM COURT-ORDERED TREATMENT.  (a)  The administrator of a facility to which a person has been committed for treatment shall discharge the person when the court order expires.
(b)  The administrator may discharge a patient before the court order expires if the administrator determines that the patient no longer meets the criteria for court-ordered treatment.
(c)  The administrator of a facility to which the patient has been committed for inpatient services shall consider before discharging the patient whether the patient should receive outpatient court-ordered care or services in accordance with:
(1)  a furlough under Section 462.077;  or
(2)  a modified order under Section 462.073 that directs the patient to participate in outpatient treatment.
(d)  A discharge terminates the court order, and the person discharged may not be compelled to submit to involuntary treatment unless a new order is issued in accordance with this subchapter.
(e)  When a person is discharged under this section, the administrator shall prepare a certificate of discharge and file it with the court that issued the order.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter D. Court-Ordered Treatment › Section 462.081. Commitment by Courts in Criminal Proceedings; Alternative Sentencing

Sec. 462.081.  COMMITMENT BY COURTS IN CRIMINAL PROCEEDINGS;  ALTERNATIVE SENTENCING.  (a)  The judge of a court with jurisdiction of misdemeanor cases may remand the defendant to a treatment facility approved by the department to accept court commitments for care and treatment for not more than 90 days, instead of incarceration or fine, if:
(1)  the court or a jury has found the defendant guilty of an offense classified as a Class A or B misdemeanor;
(2)  the court finds that the offense resulted from or was related to the defendant's chemical dependency;
(3)  a treatment facility approved by the department is available to treat the defendant; and
(4)  the treatment facility agrees in writing to admit the defendant under this section.
(b)  A defendant who, in the opinion of the court, is a person with mental illness is not eligible for sentencing under this section.
(c)  The court's sentencing order is a final conviction, and the order may be appealed in the same manner as appeals are made from other judgments of that court.
(d)  A juvenile court may remand a child to a treatment facility for care and treatment for not more than 90 days after the date on which the child is remanded if:
(1)  the court finds that the child has engaged in delinquent conduct or conduct indicating a need for supervision and that the conduct resulted from or was related to the child's chemical dependency;
(2)  a treatment facility approved by the department to accept court commitments is available to treat the child; and
(3)  the facility agrees in writing to receive the child under this section.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1178, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 464 - Facilities Treating Persons With a Chemical Dependency › Subchapter A. Regulation of Chemical Dependency Treatment Facilities › Section 464.001. Definitions

Sec. 464.001.  DEFINITIONS.  In this subchapter:
(1)  "Chemical dependency" means:
(A)  abuse of alcohol or a controlled substance;
(B)  psychological or physical dependence on alcohol or a controlled substance;  or
(C)  addiction to alcohol or a controlled substance.
(2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(90), eff. April 2, 2015.
(3)  "Controlled substance" has the meaning assigned by Chapter 481 (Texas Controlled Substances Act).
(3-a)  "Department" means the Department of State Health Services.
(3-b)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(4)  "Treatment" means a planned, structured, and organized program designed to initiate and promote a person's chemical-free status or to maintain the person free of illegal drugs.
(5)  "Treatment facility" means:
(A)  a public or private hospital;
(B)  a detoxification facility;
(C)  a primary care facility;
(D)  an intensive care facility;
(E)  a long-term care facility;
(F)  an outpatient care facility;
(G)  a community mental health center;
(H)  a health maintenance organization;
(I)  a recovery center;
(J)  a halfway house;
(K)  an ambulatory care facility;  or
(L)  any other facility that offers or purports to offer treatment.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 180, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1180, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(90), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 464 - Facilities Treating Persons With a Chemical Dependency › Subchapter A. Regulation of Chemical Dependency Treatment Facilities › Section 464.002. License Required

Sec. 464.002.  LICENSE REQUIRED.  A person may not offer or purport to offer chemical dependency treatment without a license issued under this subchapter, unless the person is exempted under Subchapter C or is working for or providing counseling with a program exempted under Subchapter C.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 180, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 663, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 464 - Facilities Treating Persons With a Chemical Dependency › Subchapter A. Regulation of Chemical Dependency Treatment Facilities › Section 464.003. Exemptions

Sec. 464.003.  EXEMPTIONS.  This subchapter does not apply to:
(1)  a facility maintained or operated by the federal government;
(2)  a facility directly operated by the state;
(3)  a facility licensed by the department under Chapter 241, 243, 248, 466, or 577;
(4)  an educational program for intoxicated drivers;
(5)  the individual office of a private, licensed health care practitioner who personally renders private individual or group services within the scope of the practitioner's license and in the practitioner's office;
(6)  an individual who personally provides counseling or support services to a person with a chemical dependency but does not offer or purport to offer a chemical dependency treatment program;
(7)  a 12-step or similar self-help chemical dependency recovery program:
(A)  that does not offer or purport to offer a chemical dependency treatment program;
(B)  that does not charge program participants; and
(C)  in which program participants may maintain anonymity;
(8)  a juvenile justice facility or juvenile justice program, as defined by Section 261.405, Family Code; or
(9)  a satellite office or location in which the person providing services is operating under the supervision of a licensed outpatient care facility and the services delivered at the satellite site fall within the scope of the licensure of the outpatient care facility.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 180, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 410, Sec. 1, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 577, Sec. 8, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1181, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 747 (S.B. 1314), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1323 (H.B. 4298), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 464 - Facilities Treating Persons With a Chemical Dependency › Subchapter A. Regulation of Chemical Dependency Treatment Facilities › Section 464.004. License Application and Issuance

Sec. 464.004.  LICENSE APPLICATION AND ISSUANCE.  (a)  To receive a license to operate a treatment facility to treat persons with a chemical dependency, a person must:
(1)  file a written application on a form prescribed by the department;
(2)  cooperate with the review of the facility; and
(3)  comply with the licensing standards.
(b)  The department shall issue a license to an applicant:
(1)  whose application meets the content requirements prescribed by the department and by department rules;
(2)  who receives approval of the facility after the department's review; and
(3)  who timely complies with the licensing standards.
(c)  The license is issued only for the person named in the license and not the legal successors of that person.
(d)  The license expires two years after the date on which the license is issued.
(e)  A license may be issued without prior notice and an opportunity for a hearing.  A person other than the applicant or the department may not contest the issuance of a license.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 181, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1182, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 464 - Facilities Treating Persons With a Chemical Dependency › Subchapter A. Regulation of Chemical Dependency Treatment Facilities › Section 464.005. License Renewal

Sec. 464.005.  LICENSE RENEWAL.  (a)  The department shall provide renewal application forms and information relating to renewal procedures to each license holder.
(b)  The department may require an inspection before renewing a license, unless the applicant submits an accreditation review from the Commission on Accreditation of Rehabilitation Facilities, The Joint Commission, or another national accreditation organization recognized by the department in accordance with Section 464.0055.
(c)  The executive commissioner may establish deadlines for receiving and acting on renewal applications.
(d)  A license may be renewed without prior notice and an opportunity for a hearing.  A person other than the applicant or the department may not contest the renewal of a license.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 181, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1096 (S.B. 1449), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1183, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 464 - Facilities Treating Persons With a Chemical Dependency › Subchapter A. Regulation of Chemical Dependency Treatment Facilities › Section 464.0055. Accreditation Review to Satisfy Inspection Requirements

Sec. 464.0055.  ACCREDITATION REVIEW TO SATISFY INSPECTION REQUIREMENTS.
(a)  In this section, "accreditation commission" means the Commission on Accreditation of Rehabilitation Facilities, The Joint Commission, or another national accreditation organization recognized by the department.
(b)  The department shall accept an accreditation review from an accreditation commission for a treatment facility instead of an inspection by the department for renewal of a license under Section 464.005, but only if:
(1)  the treatment facility is accredited by that accreditation commission;
(2)  the accreditation commission maintains and updates an inspection or review program that, for each treatment facility, meets the department's applicable minimum standards;
(3)  the accreditation commission conducts a regular on-site inspection or review of the treatment facility according to the accreditation commission's guidelines; and
(4)  the treatment facility submits to the department a copy of its most recent accreditation review from the accreditation commission in addition to the application, fee, and any report or other document required for renewal of a license.
(c)  This section does not limit the department in performing any duties, investigations, or inspections authorized by this chapter, including authority to take appropriate action relating to a treatment facility, such as closing the treatment facility.
(d)  This section does not require a treatment facility to obtain accreditation from an accreditation commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1096 (S.B. 1449), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1184, eff. April 2, 2015.