reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter E. Use of Restraints in State Supported Living Centers › Section 592.102. Use of Restraints

Sec. 592.102.  USE OF RESTRAINTS.  (a)  The executive commissioner shall adopt rules to ensure that:
(1)  a mechanical or physical restraint is not administered to a resident of a state supported living center unless the restraint is:
(A)  necessary to prevent imminent physical injury to the resident or another; and
(B)  the least restrictive restraint effective to prevent imminent physical injury;
(2)  the administration of a mechanical or physical restraint to a resident of a state supported living center ends immediately once the imminent risk of physical injury abates; and
(3)  a mechanical or physical restraint is not administered to a resident of a state supported living center as punishment or as part of a behavior plan.
(b)  The executive commissioner shall adopt rules to prohibit the use of prone and supine holds on a resident of a state supported living center except as transitional holds.
Added by Acts 2011, 82nd Leg., R.S., Ch. 361 (S.B. 41), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter E. Use of Restraints in State Supported Living Centers › Section 592.103. Standing Orders for Restraints Prohibited

Sec. 592.103.  STANDING ORDERS FOR RESTRAINTS PROHIBITED.  (a)  A person may not issue a standing order to administer on an as-needed basis mechanical or physical restraints to a resident of a state supported living center.
(b)  A person may not administer mechanical or physical restraints to a resident of a state supported living center pursuant to a standing order to administer restraints on an as-needed basis.
Added by Acts 2011, 82nd Leg., R.S., Ch. 361 (S.B. 41), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter E. Use of Restraints in State Supported Living Centers › Section 592.104. Straitjackets Prohibited

Sec. 592.104.  STRAITJACKETS PROHIBITED.  A person may not use a straitjacket to restrain a resident of a state supported living center.
Added by Acts 2011, 82nd Leg., R.S., Ch. 361 (S.B. 41), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter E. Use of Restraints in State Supported Living Centers › Section 592.105. Duty to Report

Sec. 592.105.  DUTY TO REPORT.  A state supported living center shall report to the executive commissioner each incident in which a physical or mechanical restraint is administered to a resident of a state supported living center.  The report must contain information and be in the form required by rules of the executive commissioner.
Added by Acts 2011, 82nd Leg., R.S., Ch. 361 (S.B. 41), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter E. Use of Restraints in State Supported Living Centers › Section 592.106. Conflict With Other Law

Sec. 592.106.  CONFLICT WITH OTHER LAW.  To the extent of a conflict between this subchapter and Chapter 322, this subchapter controls.
Added by Acts 2011, 82nd Leg., R.S., Ch. 361 (S.B. 41), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter F. Administration of Psychoactive Medications › Section 592.151. Definitions

Sec. 592.151.  DEFINITIONS.  In this subchapter:
(1)  "Capacity" means a client's ability to:
(A)  understand the nature and consequences of a proposed treatment, including the benefits, risks, and alternatives to the proposed treatment; and
(B)  make a decision whether to undergo the proposed treatment.
(2)  "Medication-related emergency" means a situation in which it is immediately necessary to administer medication to a client to prevent:
(A)  imminent probable death or substantial bodily harm to the client because the client:
(i)  overtly or continually is threatening or attempting to commit suicide or serious bodily harm; or
(ii)  is behaving in a manner that indicates that the client is unable to satisfy the client's need for nourishment, essential medical care, or self-protection; or
(B)  imminent physical or emotional harm to another because of threats, attempts, or other acts the client overtly or continually makes or commits.
(3)  "Psychoactive medication" means a medication prescribed for the treatment of symptoms of psychosis or other severe mental or emotional disorders and that is used to exercise an effect on the central nervous system to influence and modify behavior, cognition, or affective state when treating the symptoms of mental illness.  "Psychoactive medication" includes the following categories when used as described in this subdivision:
(A)  antipsychotics or neuroleptics;
(B)  antidepressants;
(C)  agents for control of mania or depression;
(D)  antianxiety agents;
(E)  sedatives, hypnotics, or other sleep-promoting drugs; and
(F)  psychomotor stimulants.
Added by Acts 2013, 83rd Leg., R.S., Ch. 504 (S.B. 34), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter F. Administration of Psychoactive Medications › Section 592.153. Administration of Medication to Client Committed to Residential Care Facility

Sec. 592.153.  ADMINISTRATION OF MEDICATION TO CLIENT COMMITTED TO RESIDENTIAL CARE FACILITY.  (a)  In this section, "ward" has the meaning assigned by Section 1002.030, Estates Code.
(b)  A person may not administer a psychoactive medication to a client who refuses to take the medication voluntarily unless:
(1)  the client is having a medication-related emergency;
(2)  the client is under an order issued under Section 592.156 authorizing the administration of the medication regardless of the client's refusal; or
(3)  the client is a ward who is 18 years of age or older and the guardian of the person of the ward consents to the administration of psychoactive medication regardless of the ward's expressed preferences regarding treatment with psychoactive medication.
Added by Acts 2013, 83rd Leg., R.S., Ch. 504 (S.B. 34), Sec. 3, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1419, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter F. Administration of Psychoactive Medications › Section 592.155. Rights of Client

Sec. 592.155.  RIGHTS OF CLIENT.  A client for whom an application for an order to authorize the administration of a psychoactive medication is filed is entitled:
(1)  to be represented by a court-appointed attorney who is knowledgeable about issues to be adjudicated at the hearing;
(2)  to meet with that attorney as soon as is practicable to prepare for the hearing and to discuss any of the client's questions or concerns;
(3)  to receive, immediately after the time of the hearing is set, a copy of the application and written notice of the time, place, and date of the hearing;
(4)  to be informed, at the time personal notice of the hearing is given, of the client's right to a hearing and right to the assistance of an attorney to prepare for the hearing and to answer any questions or concerns;
(5)  to be present at the hearing;
(6)  to request from the court an independent expert; and
(7)  to be notified orally, at the conclusion of the hearing, of the court's determinations of the client's capacity and best interest.
Added by Acts 2013, 83rd Leg., R.S., Ch. 504 (S.B. 34), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter F. Administration of Psychoactive Medications › Section 592.157. Finding That Client Presents a Danger

Sec. 592.157.  FINDING THAT CLIENT PRESENTS A DANGER.  In making a finding under Section 592.156(b)(2) that, as a result of a mental disorder or mental defect, the client presents a danger to the client or others in the residential care facility in which the client is being treated or in the correctional facility, as applicable, the court shall consider:
(1)  an assessment of the client's present mental condition; and
(2)  whether the client has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm to the client's self or to another while in the facility.
Added by Acts 2013, 83rd Leg., R.S., Ch. 504 (S.B. 34), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter F. Administration of Psychoactive Medications › Section 592.158. Appeal

Sec. 592.158.  APPEAL.  (a)  A client may appeal an order under this subchapter in the manner provided by Section 593.056 for an appeal of an order committing the client to a residential care facility.
(b)  An order authorizing the administration of medication regardless of the refusal of the client is effective pending an appeal of the order.
Added by Acts 2013, 83rd Leg., R.S., Ch. 504 (S.B. 34), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter F. Administration of Psychoactive Medications › Section 592.159. Effect of Order

Sec. 592.159.  EFFECT OF ORDER.  (a)  A person's consent to take a psychoactive medication is not valid and may not be relied on if the person is subject to an order issued under Section 592.156.
(b)  The issuance of an order under Section 592.156 is not a determination or adjudication of mental incompetency and does not limit in any other respect that person's rights as a citizen or the person's property rights or legal capacity.
Added by Acts 2013, 83rd Leg., R.S., Ch. 504 (S.B. 34), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 592 - Rights of Persons With an Intellectual Disability › Subchapter F. Administration of Psychoactive Medications › Section 592.160. Expiration of Order

Sec. 592.160.  EXPIRATION OF ORDER.  (a)  Except as provided by Subsection (b), an order issued under Section 592.156 expires on the anniversary of the date the order was issued.
(b)  An order issued under Section 592.156 for a client awaiting trial in a criminal proceeding expires on the date the defendant is acquitted, is convicted, or enters a plea of guilty or the date on which charges in the case are dismissed.  An order continued under this subsection shall be reviewed by the issuing court every six months.
Added by Acts 2013, 83rd Leg., R.S., Ch. 504 (S.B. 34), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter A. General Provisions › Section 593.001. Admission

Sec. 593.001.  ADMISSION.  A person may be admitted for intellectual disability services offered by the department or a community center, admitted voluntarily to a residential care program, or committed to a residential care facility, only as provided by this chapter.
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. 3.1421, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter A. General Provisions › Section 593.002. Consent Required

Sec. 593.002.  CONSENT REQUIRED.  (a)  Except as provided by Subsection (b), the department or a community center may not provide intellectual disability services to a client without the client's legally adequate consent.
(b)  The department or community center may provide nonresidential intellectual disability services, including a determination of an intellectual disability, to a client without the client's legally adequate consent if the department or community center has made all reasonable efforts to obtain consent.
(c)  The executive commissioner by rule shall prescribe the efforts to obtain consent that are reasonable and the documentation for those efforts.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 5, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1422, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter A. General Provisions › Section 593.003. Requirement of Determination of an Intellectual Disability

Sec. 593.003.  REQUIREMENT OF DETERMINATION OF AN INTELLECTUAL DISABILITY.   Except as provided by Sections 593.027, 593.0275, and 593.028, a person is not eligible to receive intellectual disability services unless the person first is determined to be a person with an intellectual disability.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 6, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1423, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter A. General Provisions › Section 593.004. Application for Determination of an Intellectual Disability

Sec. 593.004.  APPLICATION FOR DETERMINATION OF AN INTELLECTUAL DISABILITY.  (a)  In this section, "authorized provider" means:
(1)  a physician licensed to practice in this state;
(2)  a psychologist licensed to practice in this state;
(3)  a professional licensed to practice in this state and certified by the department; or
(4)  a provider certified by the department before September 1, 2013.
(b)  A person believed to be a person with an intellectual disability, the parent if the person is a minor, or the guardian of the person may make written application to an authorized provider for a determination of an intellectual disability using forms provided by the department.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 6, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 883 (H.B. 807), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1424, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1425, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter A. General Provisions › Section 593.005. Determination of an Intellectual Disability

Sec. 593.005.  DETERMINATION OF AN INTELLECTUAL DISABILITY.  (a)  In this section, "authorized provider" has the meaning assigned by Section 593.004.
(a-1)  An authorized provider shall perform the determination of an intellectual disability.  The department may charge a reasonable fee for certifying an authorized provider.
(b)  The authorized provider shall base the determination on an interview with the person and on a professional assessment that, at a minimum, includes:
(1)  a measure of the person's intellectual functioning;
(2)  a determination of the person's adaptive behavior level; and
(3)  evidence of origination during the person's developmental period.
(c)  The authorized provider may use a previous assessment, social history, or relevant record from a school district, a public or private agency, or a physician or psychologist if the authorized provider determines that the assessment, social history, or record is valid.
(d)  If the person is indigent, the determination of an intellectual disability shall be performed at the department's expense by an authorized provider.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 6, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 883 (H.B. 807), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1426, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1427, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter A. General Provisions › Section 593.006. Report

Sec. 593.006.  REPORT.  A person who files an application for a determination of an intellectual disability under Section 593.004 shall be promptly notified in writing of the findings.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 6, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1428, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter A. General Provisions › Section 593.007. Notification of Certain Rights

Sec. 593.007.  NOTIFICATION OF CERTAIN RIGHTS.  The department shall inform the person who filed an application for a determination of an intellectual disability of the person's right to:
(1)  an independent determination of an intellectual disability under Section 592.020; and
(2)  an administrative hearing under Section 593.008 by the agency that conducted the determination of an intellectual disability to contest the findings.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 6, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1429, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter A. General Provisions › Section 593.008. Administrative Hearing

Sec. 593.008.  ADMINISTRATIVE HEARING.  (a)  The proposed client and contestant by right may:
(1)  have a public hearing unless the proposed client or contestant requests a closed hearing;
(2)  be present at the hearing;  and
(3)  be represented at the hearing by a person of their choosing, including legal counsel.
(b)  The proposed client, contestant, and their respective representative by right may:
(1)  have reasonable access at a reasonable time before the hearing to any records concerning the proposed client relevant to the proposed action;
(2)  present oral or written testimony and evidence, including the results of an independent determination of an intellectual disability; and
(3)  examine witnesses.
(c)  The hearing shall be held:
(1)  as soon as possible, but not later than the 30th day after the date of the request;
(2)  in a convenient location;  and
(3)  after reasonable notice.
(d)  Any interested person may appear and give oral or written testimony.
(e)  The executive commissioner by rule shall implement the hearing procedures.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 7, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1430, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter A. General Provisions › Section 593.009. Hearing Report; Final Decision

Sec. 593.009.  HEARING REPORT;  FINAL DECISION.  (a)  After each hearing, the hearing officer shall promptly report to the parties in writing the officer's decision, findings of fact, and the reasons for those findings.
(b)  The hearing officer's decision is final on the 31st day after the date on which the decision is reported unless a party files an appeal within that period.
(c)  The filing of an appeal suspends the hearing officer's decision, and a party may not take action on the decision.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter A. General Provisions › Section 593.010. Appeal

Sec. 593.010.  APPEAL.  (a)  A party to a hearing may appeal the hearing officer's decision without filing a motion for rehearing with the hearing officer.
(b)  Venue for the appeal is in the county court of Travis County or the county in which the proposed client resides.
(c)  The appeal is by trial de novo.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter A. General Provisions › Section 593.011. Fees for Services

Sec. 593.011.  FEES FOR SERVICES.  (a)  The department shall charge reasonable fees to cover the costs of services provided to nonindigent persons.
(b)  The department shall provide services free of charge to indigent persons.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter A. General Provisions › Section 593.012. Absent Without Authority

Sec. 593.012.  ABSENT WITHOUT AUTHORITY.  (a)  The director of a residential care facility to which a client has been admitted for court-ordered care and treatment may have a client who is absent without authority taken into custody, detained, and returned to the facility by issuing a certificate to a law enforcement agency of the municipality or county in which the facility is located or by obtaining a court order issued by a magistrate in the manner prescribed by Section 574.083.
(b)  The client shall be returned to the residential care facility in accordance with the procedures prescribed by Section 574.083.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 1016, Sec. 2, eff. June 18, 1999;  Acts 1999, 76th Leg., ch. 1187, Sec. 20, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1006, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1431, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter A. General Provisions › Section 593.013. Interdisciplinary Team Recommendation

Sec. 593.013.  INTERDISCIPLINARY TEAM RECOMMENDATION.  (a)  Except as provided by Section 593.0511, a person may not be admitted or committed to a residential care facility unless an interdisciplinary team recommends that placement.
(b)  An interdisciplinary team shall:
(1)  interview the person with an intellectual disability, the person's parent if the person is a minor, and the person's guardian;
(2)  review the person's:
(A)  social and medical history;
(B)  medical assessment, which shall include an audiological, neurological, and vision screening;
(C)  psychological and social assessment; and
(D)  determination of adaptive behavior level;
(3)  determine the person's need for additional assessments, including educational and vocational assessments;
(4)  obtain any additional assessment necessary to plan services;
(5)  identify the person's habilitation and service preferences and needs; and
(6)  recommend services to address the person's needs that consider the person's preferences.
(c)  The interdisciplinary team shall give the person, the person's parent if the person is a minor, and the person's guardian an opportunity to participate in team meetings.
(d)  The interdisciplinary team may use a previous assessment, social history, or other relevant record from a school district, public or private agency, or appropriate professional if the interdisciplinary team determines that the assessment, social history, or record is valid.
(e)  The interdisciplinary team shall prepare a written report of its findings and recommendations that is signed by each team member and shall promptly send a copy of the report and recommendations to the person, the person's parent if the person is a minor, and the person's guardian.
(f)  If the court has ordered the interdisciplinary team report and recommendations under Section 593.041, the team shall promptly send a copy of the report and recommendations to the court, the person with an intellectual disability or the person's legal representative, the person's parent if the person is a minor, and the person's guardian.
Added by Acts 1993, 73rd Leg., ch. 60, Sec. 8, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1432, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1145 (S.B. 944), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1145 (S.B. 944), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter A. General Provisions › Section 593.014. Epilepsy

Sec. 593.014.  EPILEPSY.  A person may not be denied admission to a residential care facility because the person suffers from epilepsy.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Transferred, redesignated, and amended from Health and Safety Code, Section 553.001 by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1343, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter B. Application and Admission to Voluntary Intellectual Disability Services › Section 593.021. Application for Voluntary Services

Sec. 593.021.  APPLICATION FOR VOLUNTARY SERVICES.  (a)  The proposed client or the parent if the proposed client is a minor may apply for voluntary intellectual disability services under Section 593.022, 593.026, 593.027, 593.0275, or 593.028.
(b)  The guardian of the proposed client may apply for services under this subchapter under Section 593.022, 593.027, 593.0275, or 593.028.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 9, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 809, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1434, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter B. Application and Admission to Voluntary Intellectual Disability Services › Section 593.022. Admission to Voluntary Intellectual Disability Services

Sec. 593.022.  ADMISSION TO VOLUNTARY INTELLECTUAL DISABILITY SERVICES.  (a)  An eligible person who applies for intellectual disability services may be admitted as soon as appropriate services are available.
(b)  The department facility or community center shall develop a plan for appropriate programs or placement in programs or facilities approved or operated by the department.
(c)  The programs or placement must be suited to the needs of the proposed client and consistent with the rights guaranteed by Chapter 592.
(d)  The proposed client, the parent if the client is a minor, and the client's guardian shall be encouraged and permitted to participate in the development of the planned programs or placement.
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. 3.1435, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1436, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter B. Application and Admission to Voluntary Intellectual Disability Services › Section 593.023. Rules Relating to Planning of Services or Treatment

Sec. 593.023.  RULES RELATING TO PLANNING OF SERVICES OR TREATMENT.  (a)  The executive commissioner by rule shall develop and adopt procedures permitting a client, a parent if the client is a minor, or a guardian of the person to participate in planning the client's treatment and habilitation, including a decision to recommend or place a client in an alternative setting.
(b)  The procedures must inform clients, parents, and guardians of the due process provisions of Sections 594.015-594.017, including the right to an administrative hearing and judicial review in county court of a proposed transfer or discharge.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1437, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter B. Application and Admission to Voluntary Intellectual Disability Services › Section 593.024. Application for Voluntary Residential Care Services

Sec. 593.024.  APPLICATION FOR VOLUNTARY RESIDENTIAL CARE SERVICES.  (a)  An application for voluntary admission to a residential care facility must be made according to department rules and contain a statement of the reasons for which placement is requested.
(b)  Voluntary admission includes regular voluntary admission, emergency admission, and respite care.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter B. Application and Admission to Voluntary Intellectual Disability Services › Section 593.025. Placement Preference

Sec. 593.025.  PLACEMENT PREFERENCE.  Preference for requested, voluntary placement in a residential care facility shall be given to the facility located nearest the residence of the proposed resident, unless there is a compelling reason for placement elsewhere.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter B. Application and Admission to Voluntary Intellectual Disability Services › Section 593.026. Regular Voluntary Admission

Sec. 593.026.  REGULAR VOLUNTARY ADMISSION.  A regular voluntary admission is permitted if:
(1)  space is available at the facility for which placement is requested; and
(2)  the facility director determines that the facility provides services that meet the needs of the proposed resident.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1438, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter B. Application and Admission to Voluntary Intellectual Disability Services › Section 593.027. Emergency Admission

Sec. 593.027.  EMERGENCY ADMISSION.  (a)  An emergency admission to a residential care facility is permitted without a determination of an intellectual disability and an interdisciplinary team recommendation if:
(1)  there is persuasive evidence that the proposed resident is a person with an intellectual disability;
(2)  space is available at the facility for which placement is requested;
(3)  the proposed resident has an urgent need for services that the facility director determines the facility provides; and
(4)  the facility can provide relief for the urgent need within a year after admission.
(b)  A determination of an intellectual disability and an interdisciplinary team recommendation for the person admitted under this section shall be performed within 30 days after the date of admission.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 9, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1439, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter B. Application and Admission to Voluntary Intellectual Disability Services › Section 593.0275. Emergency Services

Sec. 593.0275.  EMERGENCY SERVICES.  (a)  A person may receive emergency services without a determination of an intellectual disability if:
(1)  there is persuasive evidence that the person is a person with an intellectual disability;
(2)  emergency services are available; and
(3)  the person has an urgent need for emergency services.
(b)  A determination of an intellectual disability for the person served under this section shall be performed within 30 days after the date the services begin.
Added by Acts 1993, 73rd Leg., ch. 60, Sec. 10, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1440, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter B. Application and Admission to Voluntary Intellectual Disability Services › Section 593.028. Respite Care

Sec. 593.028.  RESPITE CARE.  (a)  A person may be admitted to a residential care facility for respite care without a determination of an intellectual disability and interdisciplinary team recommendation if:
(1)  there is persuasive evidence that the proposed resident is a person with an intellectual disability;
(2)  space is available at the facility for which respite care is requested;
(3)  the facility director determines that the facility provides services that meet the needs of the proposed resident; and
(4)  the proposed resident or the proposed resident's family urgently requires assistance or relief that can be provided within a period not to exceed 30 consecutive days after the date of admission.
(b)  If the relief sought by the proposed resident or the proposed resident's family has not been provided within 30 days, one 30-day extension may be allowed if:
(1)  the facility director determines that the relief may be provided in the additional period; and
(2)  the parties agreeing to the original placement consent to the extension.
(c)  If an extension is not granted the resident shall be released immediately and may apply for other services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 11, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1441, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter B. Application and Admission to Voluntary Intellectual Disability Services › Section 593.029. Treatment of Minor Who Reaches Majority

Sec. 593.029.  TREATMENT OF MINOR WHO REACHES MAJORITY.  When a facility resident who is voluntarily admitted as a minor approaches 18 years of age and continues to be in need of residential services, the facility director shall ensure that when the resident becomes an adult:
(1)  the resident's legally adequate consent for admission to the facility is obtained from the resident or the guardian of the person; or
(2)  an application is filed for court commitment under Subchapter C.
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. 3.1442, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter B. Application and Admission to Voluntary Intellectual Disability Services › Section 593.030. Withdrawal From Services

Sec. 593.030.  WITHDRAWAL FROM SERVICES.  A resident voluntarily admitted to a residential care facility may not be detained more than 96 hours after the time the resident, the resident's parents if the resident is a minor, or the guardian of the resident's person requests discharge of the resident as provided by department rules, unless:
(1)  the facility director determines that the resident's condition or other circumstances are such that the resident cannot be discharged without endangering the safety of the resident or the general public;
(2)  the facility director files an application for judicial commitment under Section 593.041; and
(3)  a court issues a protective custody order under Section 593.044 pending a final determination on the application.
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. 3.1443, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.041. Application for Placement; Jurisdiction

Sec. 593.041.  APPLICATION FOR PLACEMENT;  JURISDICTION.  (a)  A proposed resident, if an adult, a parent if the proposed resident is a minor, the guardian of the person, the court, or any other interested person, including a community center or agency that conducted a determination of an intellectual disability of the proposed resident, may file an application for an interdisciplinary team report and recommendation that the proposed client is in need of long-term placement in a residential care facility.
(b)  Except as provided by Subsection (e), the application must be filed with the county clerk in the county in which the proposed resident resides.  If the director of a residential care facility files an application for judicial commitment of a voluntary resident, the county in which the facility is located is considered the resident's county of residence.
(c)  The county court has original jurisdiction of all judicial proceedings for commitment of a person with an intellectual disability to residential care facilities.
(d)  Except as provided by Section 593.0511, a person may not be committed to the department for placement in a residential care facility under this subchapter unless a report by an interdisciplinary team recommending the placement has been completed during the six months preceding the date of the court hearing on the application.  If the report and recommendations have not been completed or revised during that period, the court shall order the report and recommendations on receiving the application.
(e)  An application in which the proposed patient is a child in the custody of the Texas Juvenile Justice Department may be filed in the county in which the child's commitment to the Texas Juvenile Justice Department was ordered.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 12, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1086, Sec. 39, eff. June 19, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1444, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1145 (S.B. 944), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.042. Form of Application

Sec. 593.042.  FORM OF APPLICATION.  (a)  An application for commitment of a person to a residential care facility must:
(1)  be executed under oath;  and
(2)  include:
(A)  the name, birth date, sex, and address of the proposed resident;
(B)  the name and address of the proposed resident's parent or guardian, if applicable;
(C)  a short, plain statement of the facts demonstrating that commitment to a facility is necessary and appropriate;  and
(D)  a short, plain statement explaining the inappropriateness of admission to less restrictive services.
(b)  If the report required under Section 593.013 is completed, a copy must be included in the application.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 60, Sec. 13, eff. Sept. 1, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.043. Representation by Counsel; Appointment of Attorney

Sec. 593.043.  REPRESENTATION BY COUNSEL;  APPOINTMENT OF ATTORNEY.  (a)  The proposed resident shall be represented by an attorney who shall represent the rights and legal interests of the proposed resident without regard to who initiates the proceedings or pays the attorney's fee.
(b)  If the proposed resident cannot afford counsel, the court shall appoint an attorney not later than the 11th day before the date set for the hearing.
(c)  An attorney appointed under this section is entitled to a reasonable fee.  The county in which the proceeding is brought shall pay the attorney's fee from the county's general fund.
(d)  The parent, if the proposed resident is a minor, or the guardian of the person may be represented by legal counsel during the proceedings.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.044. Order for Protective Custody

Sec. 593.044.  ORDER FOR PROTECTIVE CUSTODY.  (a)  The court in which an application for a hearing is filed may order the proposed resident taken into protective custody if the court determines from certificates filed with the court that the proposed resident is:
(1)  believed to be a person with an intellectual disability; and
(2)  likely to cause injury to the proposed resident or others if not immediately restrained.
(b)  The judge of the court may order a health or peace officer to take the proposed resident into custody and transport the person to:
(1)  a designated residential care facility in which space is available;  or
(2)  a place deemed suitable by the county health authority.
(c)  If the proposed resident is a voluntary resident, the court for good cause may order the resident's detention in:
(1)  the facility to which the resident was voluntarily admitted;  or
(2)  another suitable location to which the resident may be transported under Subsection (b).
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. 3.1445, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle D - Persons With an Intellectual Disability Act › Chapter 593 - Admission and Commitment to Intellectual Disability Services › Subchapter C. Commitment to Residential Care Facility › Section 593.045. Detention in Protective Custody

Sec. 593.045.  DETENTION IN PROTECTIVE CUSTODY.  (a)  A person under a protective custody order may be detained for not more than 20 days after the date on which custody begins pending an order of the court.
(b)  A person under a protective custody order may not be detained in a nonmedical facility used to detain persons charged with or convicted of a crime, unless an extreme emergency exists and in no case for longer than 24 hours.
(c)  The county health authority shall ensure that the detained person receives proper care and medical attention pending removal to a residential care facility.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.