reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 828 - Dog and Cat Sterilization › Section 828.010. Criminal Penalty

Sec. 828.010.  CRIMINAL PENALTY.  (a)  A new owner that violates this chapter commits an offense.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1, 1992.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 828 - Dog and Cat Sterilization › Section 828.011. Adoption Standards

Sec. 828.011.  ADOPTION STANDARDS.  (a)  Each releasing agency may set its own standards for potential adopters if those standards are applied in a fair and equal manner.
(b)  If the releasing agency is a public facility, the standards must be reasonably related to the prevention of cruelty to animals and the responsible management of dogs and cats in the interest of preserving public health and welfare.
Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1, 1992.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 828 - Dog and Cat Sterilization › Section 828.012. Surgery and Other Veterinary Services

Sec. 828.012.  SURGERY AND OTHER VETERINARY SERVICES.  (a)  Surgery or nonsurgical sterilization performed in accordance with this chapter must be performed by a veterinarian or a full-time student of an accredited college of veterinary medicine as provided by Chapter 801, Occupations Code.
(b)  A veterinarian employed by a releasing agency may not perform nonemergency veterinary services other than sterilization on an animal that the releasing agency knows or should know has an owner.  However, this subsection does not prevent a veterinarian employed by a releasing agency from performing veterinary services on an animal whose owner is indigent.
(c)  A person associated with a releasing agency may not interfere with the independent professional judgment of a veterinarian employed by or under contract with the releasing agency.
Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1, 1992.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.811, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 230 (S.B. 248), Sec. 6, eff. May 27, 2005.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 828 - Dog and Cat Sterilization › Section 828.013. Exemptions

Sec. 828.013.  EXEMPTIONS.  This chapter does not apply to:
(1)  a dog or cat that is claimed from a releasing agency by a person who already owns the animal;
(2)  a releasing agency located in a municipality that has in effect an ordinance providing standards for dog and cat sterilization that exceed the requirements provided by this chapter;
(3)  an institution of higher education that purchases or otherwise procures a dog or cat for the purpose of biomedical research, testing, or teaching;  or
(4)  a releasing agency located in:
(A)  a county with a population of 20,000 or less;  or
(B)  a municipality with a population of 10,000 or less.
Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1, 1992.  Amended by Acts 1993, 73rd Leg., ch. 794, Sec. 1, eff. June 18, 1993.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 828 - Dog and Cat Sterilization › Section 828.014. Animal Friendly Account; Dedication

Sec. 828.014.  ANIMAL FRIENDLY ACCOUNT; DEDICATION.  (a)  The animal friendly account is a separate account in the general revenue fund.  The account is composed of:
(1)  money deposited to the credit of the account under former Section 502.291, Transportation Code, and under Section 504.605, Transportation Code; and
(2)  gifts, grants, donations, and legislative appropriations.
(b)  The Department of State Health Services administers the account.
(b-1)  The Department of State Health Services may spend money credited to the account or money deposited to the associated trust fund account created under Section 504.6012, Transportation Code, only to:
(1)  make grants to eligible organizations that sterilize animals owned by the general public at minimal or no cost; and
(2)  defray the cost of administering the account.
(c)  The Department of State Health Services  may accept gifts, donations, and grants from any source for the benefit of the account.  The executive commissioner of the Health and Human Services Commission  by rule shall establish guidelines for spending money described by Subsection (b-1).
(d)  In this section "eligible organization" means:
(1)  a releasing agency;
(2)  an organization that is qualified as a charitable organization under Section 501(c)(3), Internal Revenue Code, that has as its primary purpose:
(A)  animal welfare;  or
(B)  sterilizing animals owned by the general public at minimal or no cost;  or
(3)  a local nonprofit veterinary medical association that has an established program for sterilizing animals owned by the general public at minimal or no cost.
Added by Acts 1997, 75th Leg., ch. 657, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1292, Sec. 1, eff. June 16, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1625, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1626, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 829 - Animal Control Officer Training › Section 829.001. Definitions

Sec. 829.001.  DEFINITIONS.  In this chapter:
(1)  "Animal control officer" means a person who:
(A)  is employed, appointed, or otherwise engaged primarily to enforce laws relating to animal control; and
(B)  is not a peace officer.
(2)  "Department" means the Department of State Health Services.
Added by Acts 2007, 80th Leg., R.S., Ch. 1331 (S.B. 1562), Sec. 1, eff. July 1, 2008.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 829 - Animal Control Officer Training › Section 829.0015. Applicability of Chapter

Sec. 829.0015.  APPLICABILITY OF CHAPTER.  The commissioners court of a county that has a population of 75,000 or less may adopt an order exempting the county from the application of this chapter.  This chapter does not apply within the boundaries of a county for which an order is adopted under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1331 (S.B. 1562), Sec. 1, eff. July 1, 2008.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 829 - Animal Control Officer Training › Section 829.002. Training Required

Sec. 829.002.  TRAINING REQUIRED.  A person may not perform the duties of an animal control officer unless:
(1)  the person:
(A)  completes a basic animal control course under this chapter not later than the first anniversary of the date the person assumes animal control duties; or
(B)  completed a personnel training course on or before June 30, 2008, under Section 823.004 as it existed on that date; and
(2)  the person completes 30 hours of continuing education under this chapter during each three-year period following:
(A)  the date the person completes the basic animal control course; or
(B)  June 30, 2008, if the person completed a personnel training course under Subdivision (1)(B).
Added by Acts 2007, 80th Leg., R.S., Ch. 1331 (S.B. 1562), Sec. 1, eff. July 1, 2008.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 829 - Animal Control Officer Training › Section 829.003. Training Courses

Sec. 829.003.  TRAINING COURSES.  (a)  The department shall prescribe the standards and curriculum for basic and continuing education animal control courses.  The curriculum for both the basic and continuing education courses must include the following topics:
(1)  state laws governing animal control and protection and animal cruelty;
(2)  animal health and disease recognition, control, and prevention;
(3)  the humane care and treatment of animals;
(4)  standards for care and control of animals in an animal shelter;
(5)  standards and procedures for the transportation of animals;
(6)  principles and procedures for capturing and handling stray domestic animals and wildlife, including principles and procedures to be followed with respect to an instrument used specifically for deterring the bite of an animal;
(7)  first aid for injured animals;
(8)  the documentation of animal cruelty evidence and courtroom procedures;
(9)  animal shelter operations and administration;
(10)  spaying and neutering, microchipping, and adoption;
(11)  communications and public relations;
(12)  state and federal laws for possession of controlled substances and other medications; and
(13)  any other topics pertinent to animal control and animal shelter personnel.
(b)  In prescribing the standards and curriculum of courses under this chapter, the department shall:
(1)  determine what is considered satisfactory completion of a course;
(2)  determine what is considered a passing grade on any postcourse tests and practical applications; and
(3)  require that a person attend all sessions of a course.
(c)  A basic animal control course must be at least 12 hours.
(d)  In developing and approving the criteria and curriculum for animal control courses, the department shall consult with the Texas Animal Control Association and other animal control and animal protection organizations as the department considers appropriate.
Added by Acts 2007, 80th Leg., R.S., Ch. 1331 (S.B. 1562), Sec. 1, eff. July 1, 2008.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 299 (H.B. 405), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 829 - Animal Control Officer Training › Section 829.004. Availability of Courses

Sec. 829.004.  AVAILABILITY OF COURSES.  (a)  The department or the department's designee shall offer at least two basic animal control courses every calendar year in each of the department's zoonosis control regions.
(b)  The department or the department's designee shall offer at least 12 hours of continuing education animal control courses each calendar year in each of the department's zoonosis control regions.
(c)  The department shall ensure the additional availability of animal control courses through sponsors approved by the department, which may include the Texas Animal Control Association.
Added by Acts 2007, 80th Leg., R.S., Ch. 1331 (S.B. 1562), Sec. 1, eff. July 1, 2008.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 829 - Animal Control Officer Training › Section 829.005. Fee

Sec. 829.005.  FEE.  The department and any authorized animal control course sponsor, in accordance with department rules, may collect reasonable fees to cover the cost of arranging and conducting an animal control course.
Added by Acts 2007, 80th Leg., R.S., Ch. 1331 (S.B. 1562), Sec. 1, eff. July 1, 2008.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1627, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 829 - Animal Control Officer Training › Section 829.006. Issuance of Certificate

Sec. 829.006.  ISSUANCE OF CERTIFICATE.  (a)  The department or the department's designee shall:
(1)  maintain the training records for each person satisfactorily completing any course offered under this chapter for the purpose of documenting and ensuring that the person is in compliance with the requirements of this chapter; and
(2)  issue a certificate to each person satisfactorily completing a course offered under this chapter that contains:
(A)  the person's name;
(B)  the name of the course; and
(C)  the date the course was completed.
(b)  The department or the department's designee may charge a reasonable fee to cover the cost of issuing a certificate required by Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch. 1331 (S.B. 1562), Sec. 1, eff. July 1, 2008.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 829 - Animal Control Officer Training › Section 829.007. Facility Certificate

Sec. 829.007.  FACILITY CERTIFICATE.  The department shall issue a certificate to an animal shelter inspected under Section 823.003 or a quarantine or impoundment facility inspected under Section 826.052 that the department or the veterinarian conducting the inspection, as applicable, determines complies with this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1331 (S.B. 1562), Sec. 1, eff. July 1, 2008.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 829 - Animal Control Officer Training › Section 829.008. Payment of Fee

Sec. 829.008.  PAYMENT OF FEE.  A political subdivision of this state may require that an individual pay a fee for a course or certificate under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1331 (S.B. 1562), Sec. 1, eff. July 1, 2008.
2023 Texas Statutes › Health and Safety Code › Title 10 - Health and Safety of Animals › Chapter 829 - Animal Control Officer Training › Section 829.009. Civil Remedy

Sec. 829.009.  CIVIL REMEDY.  A person may sue for injunctive relief to prevent or restrain a substantial violation of this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1331 (S.B. 1562), Sec. 1, eff. July 1, 2008.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter A. General Provisions › Section 841.001. Legislative Findings

Sec. 841.001.  LEGISLATIVE FINDINGS.  The legislature finds that a small but extremely dangerous group of sexually violent predators exists and that those predators have a behavioral abnormality that is not amenable to traditional mental illness treatment modalities and that makes the predators likely to engage in repeated predatory acts of sexual violence.  The legislature finds that the existing involuntary commitment provisions of Subtitle C, Title 7, are inadequate to address the risk of repeated predatory behavior that sexually violent predators pose to society.  The legislature further finds that treatment modalities for sexually violent predators are different from the traditional treatment modalities for persons appropriate for involuntary commitment under Subtitle C, Title 7. Thus, the legislature finds that a civil commitment procedure for the long-term supervision and treatment of sexually violent predators is necessary and in the interest of the state.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter A. General Provisions › Section 841.003. Sexually Violent Predator

Sec. 841.003.  SEXUALLY VIOLENT PREDATOR.  (a)  A person is a sexually violent predator for the purposes of this chapter if the person:
(1)  is a repeat sexually violent offender;  and
(2)  suffers from a behavioral abnormality that makes the person likely to engage in a predatory act of sexual violence.
(b)  A person is a repeat sexually violent offender for the purposes of this chapter if the person is convicted of more than one sexually violent offense and a sentence is imposed for at least one of the offenses or if:
(1)  the person:
(A)  is convicted of a sexually violent offense, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the person was subsequently discharged from community supervision;
(B)  enters a plea of guilty or nolo contendere for a sexually violent offense in return for a grant of deferred adjudication; or
(C)  is adjudicated by a juvenile court as having engaged in delinquent conduct constituting a sexually violent offense and is committed to the Texas Juvenile Justice Department under Section 54.04(d)(3) or (m), Family Code; and
(2)  after the date on which under Subdivision (1) the person is convicted, receives a grant of deferred adjudication, or is adjudicated by a juvenile court as having engaged in delinquent conduct, the person commits a sexually violent offense for which the person is convicted, but only if the sentence for the offense is imposed.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1323 (S.B. 511), Sec. 9, eff. December 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 2, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter A. General Provisions › Section 841.005. Office of State Counsel for Offenders

Sec. 841.005.  OFFICE OF STATE COUNSEL FOR OFFENDERS.  (a)  Except as provided by Subsection (b), the Office of State Counsel for Offenders shall represent an indigent person subject to a civil commitment proceeding under this chapter.
(b)  If for any reason the Office of State Counsel for Offenders is unable to represent an indigent person described by Subsection (a) at a civil commitment proceeding under this chapter, the court shall appoint other counsel to represent the indigent person.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 347, Sec. 17, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter A. General Provisions › Section 841.006. Application of Chapter

Sec. 841.006.  APPLICATION OF CHAPTER.  This chapter does not:
(1)  prohibit a person committed under this chapter from filing at any time a petition for release under this chapter;  or
(2)  create for the committed person a cause of action against another person for failure to give notice within a period required by Subchapter B, C, or D.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 347, Sec. 17, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter A. General Provisions › Section 841.007. Duties of Texas Civil Commitment Office

Sec. 841.007.  DUTIES OF TEXAS CIVIL COMMITMENT OFFICE.  The Texas Civil Commitment Office is responsible for:
(1)  providing appropriate and necessary treatment and supervision for committed persons through the case management system; and
(2)  developing and implementing a sex offender treatment program for persons committed under this chapter.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 347, Sec. 17, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 4, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 3, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter B. Notice of Potential Predator; Initial Determinations › Section 841.022. Multidisciplinary Team

Sec. 841.022.  MULTIDISCIPLINARY TEAM.  (a)  The executive director of the Texas Department of Criminal Justice shall establish a multidisciplinary team to review available records of a person referred to the team under Section 841.021.  The team must include:
(1)  a mental health professional from the Department of State Health Services;
(2)  two persons from the Texas Department of Criminal Justice as follows:
(A)  one person from the victim services division; and
(B)  one person from the sex offender rehabilitation program in the rehabilitation programs division;
(3)  a licensed peace officer who is employed by the Department of Public Safety and who has at least five years' experience working for that department or the officer's designee;
(4)  two persons from the office; and
(5)  a licensed sex offender treatment provider from the Council on Sex Offender Treatment.
(a-1)  The Texas Department of Criminal Justice, in consultation with the office, shall provide training to the members of the multidisciplinary team regarding the civil commitment program under this chapter, including training regarding:
(1)  eligibility criteria for commitment;
(2)  the process for evaluating persons for commitment; and
(3)  the sex offender treatment program for persons committed under this chapter.
(b)  The multidisciplinary team may request the assistance of other persons in making an assessment under this section.
(c)  Not later than the 60th day after the date the multidisciplinary team receives notice under Section 841.021(a), the team shall:
(1)  assess whether the person is a repeat sexually violent offender and whether the person is likely to commit a sexually violent offense after release;
(2)  give notice of that assessment to the Texas Department of Criminal Justice; and
(3)  recommend the assessment of the person for a behavioral abnormality, as appropriate.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 347, Sec. 18, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 6, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1628, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 5, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter B. Notice of Potential Predator; Initial Determinations › Section 841.023. Assessment for Behavioral Abnormality

Sec. 841.023.  ASSESSMENT FOR BEHAVIORAL ABNORMALITY.  (a)  Not later than the 60th day after the date of a recommendation under Section 841.022(c), the Texas Department of Criminal Justice shall assess whether the person suffers from a behavioral abnormality that makes the person likely to engage in a predatory act of sexual violence.  To aid in the assessment, the department shall use an expert to examine the person.  The department may contract for the expert services required by this subsection.  The expert shall make a clinical assessment based on testing for psychopathy, a clinical interview, and other appropriate assessments and techniques to aid the department in its assessment.
(b)  If as a result of the assessment the Texas Department of Criminal Justice believes that the person suffers from a behavioral abnormality, not later than the 60th day after the date of a recommendation under Section 841.022(c) the department shall give notice of that assessment and provide corresponding documentation to the attorney representing the state for the county in which the person was most recently convicted of a sexually violent offense.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 347, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 7, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 6, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter C. Petition Alleging Predator Status › Section 841.041. Petition Alleging Predator Status

Sec. 841.041.  PETITION ALLEGING PREDATOR STATUS.  (a)  If a person is referred to the attorney representing the state under Section 841.023, the attorney may file a petition alleging that the person is a sexually violent predator and stating facts sufficient to support the allegation.
(b)  A petition described by Subsection (a) must be:
(1)  filed in a district court in the county of the person's most recent conviction for a sexually violent offense;
(2)  filed not later than the 90th day after the date the person is referred to the attorney representing the state; and
(3)  served on the person as soon as practicable after the date the petition is filed.
(c)  To the extent feasible, in filing the petition in a district court described by Subsection (b)(1), the attorney representing the state shall give preference to filing the petition in the applicable court of conviction.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 347, Sec. 20, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 7, eff. June 17, 2015.
Acts 2021, 87th Leg., R.S., Ch. 431 (S.B. 906), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter C. Petition Alleging Predator Status › Section 841.042. Assistance From Special Prosecution Unit

Sec. 841.042.  ASSISTANCE FROM SPECIAL PROSECUTION UNIT.  On request of the attorney representing the state, the special prosecution unit shall provide legal, financial, and technical assistance to the attorney for a proceeding conducted under this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 8, eff. June 17, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 22, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter D. Trial › Section 841.062. Determination of Predator Status

Sec. 841.062.  DETERMINATION OF PREDATOR STATUS.  (a)  The judge or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator.  Either the state or the person is entitled to appeal the determination and to a retrial if an appellate court remands the case to the trial court for a new trial.
(b)  A jury determination in a civil commitment proceeding must be by unanimous verdict.  If one or two of the 12 jurors have been discharged and there are no alternate jurors to be seated, the remaining jurors may render a verdict.  If fewer than 12 jurors render a verdict, the verdict must be signed by each juror rendering the verdict.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 431 (S.B. 906), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter D. Trial › Section 841.063. Continuance

Sec. 841.063.  CONTINUANCE.  (a)  Except as provided by Subsection (b), the judge may continue a trial or hearing conducted under this chapter if the person is not substantially prejudiced by the continuance and:
(1)  on the request of either party and a showing of good cause; or
(2)  on the judge's own motion in the due administration of justice.
(b)  The judge may not continue a trial conducted under this chapter to a date occurring later than the person's sentence discharge date unless the judge determines that a continuance is necessary in the due administration of justice.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 347, Sec. 22, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 10, eff. June 17, 2015.
Acts 2021, 87th Leg., R.S., Ch. 431 (S.B. 906), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter D. Trial › Section 841.064. Retrial

Sec. 841.064.  RETRIAL.  (a)  A trial following a mistrial must commence not later than the 90th day after the date a mistrial was declared in the previous trial, unless the later trial is continued as provided by Section 841.063.
(b)  If an appellate court remands the case to the trial court for a new trial, the judge shall commence the retrial not later than the 90th day after the date the appellate court remanded the case.  The retrial may be continued as provided by Section 841.063.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 431 (S.B. 906), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter D. Trial › Section 841.065. Agreed Order

Sec. 841.065.  AGREED ORDER.  An agreed order of civil commitment must require the person to submit to the treatment and supervision administered by the office.
Added by Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 11, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.081. Civil Commitment of Predator

Sec. 841.081.  CIVIL COMMITMENT OF PREDATOR.  (a)  If at a trial conducted under Subchapter D the judge or jury determines that the person is a sexually violent predator, the judge shall commit the person for treatment and supervision to be coordinated by the office.  The commitment order is effective immediately on entry of the order, except that the treatment and supervision begins on the person's release from a secure correctional facility and continues until the person's behavioral abnormality has changed to the extent that the person is no longer likely to engage in a predatory act of sexual violence.
(b)  At any time after entry of a commitment order under Subsection (a), the office may provide to the person instruction regarding the requirements associated with the order, regardless of whether the person is incarcerated at the time of the instruction.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 347, Sec. 23, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 12, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.082. Commitment Requirements

Sec. 841.082.  COMMITMENT REQUIREMENTS.
(a)  Before entering an order directing a person's civil commitment, the judge shall impose on the person requirements necessary to ensure the person's compliance with treatment and supervision and to protect the community.  The requirements shall include:
(1)  requiring the person to reside where instructed by the office;
(2)  prohibiting the person's contact with a victim of the person;
(3)  requiring the person's participation in and compliance with the sex offender treatment program provided by the office and compliance with all written requirements imposed by the office;
(4)  requiring the person to submit to appropriate supervision and:
(A)  submit to tracking under a particular type of tracking service, if the person:
(i)  while residing at a civil commitment center, leaves the center for any reason;
(ii)  is in one of the two most restrictive tiers of treatment, as determined by the office;
(iii)  is on disciplinary status, as determined by the office; or
(iv)  resides in the community; and
(B)  if required to submit to tracking under Paragraph (A), refrain from tampering with, altering, modifying, obstructing, removing, or manipulating the tracking equipment; and
(5)  prohibiting the person from leaving the state without prior authorization from the office.
(b)  A tracking service to which a person is required to submit under Subsection (a)(4) must:
(1)  track the person's location in real time;
(2)  be able to provide a real-time report of the person's location to the office on request; and
(3)  periodically provide a cumulative report of the person's location to the office.
(c)  The judge shall provide a copy of the requirements imposed under Subsection (a) to the person and to the office.  The office shall provide a copy of those requirements to the case manager and to the service providers.
(d)  The committing court retains jurisdiction of the case with respect to a proceeding conducted under this subchapter, other than a criminal proceeding involving an offense under Section 841.085, or to a civil commitment proceeding conducted under Subchapters F and G.
(e)  The requirements imposed under Subsection (a) may be modified by the committing court at any time after notice to each affected party to the proceedings and a hearing.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 347, Sec. 24, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 849 (S.B. 912), Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 849 (S.B. 912), Sec. 7(1), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 1.12, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 8, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 13, eff. June 17, 2015.
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.0821. Sex Offender Treatment Before Release From Secure Correctional Facility

Sec. 841.0821.  SEX OFFENDER TREATMENT BEFORE RELEASE FROM SECURE CORRECTIONAL FACILITY.  (a)  The Texas Department of Criminal Justice shall prioritize enrolling in a sex offender treatment program established by the department any committed person who has not yet been released by the department.
(b)  The Texas Department of Criminal Justice and the office shall adopt a memorandum of understanding that establishes their respective responsibilities to institute a continuity of care for committed persons enrolled in a sex offender treatment program established by the department.
Added by Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 14, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.0822. Required Procedures Before Release From Secure Correctional Facility

Sec. 841.0822.  REQUIRED PROCEDURES BEFORE RELEASE FROM SECURE CORRECTIONAL FACILITY.  Before a committed person is released from a secure correctional facility, the Texas Department of Criminal Justice shall ensure that:
(1)  the Department of Public Safety issues a personal identification card to the person; and
(2)  the person completes an application for the following federal benefits, as appropriate, for which the person may be eligible:
(A)  social security benefits, including disability benefits, administered by the United States Social Security Administration; and
(B)  veterans benefits administered by the United States Department of Veterans Affairs.
Added by Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 14, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.083. Treatment; Supervision

Sec. 841.083.  TREATMENT; SUPERVISION.  (a)  The office shall determine the conditions of supervision and treatment of a committed person.
(b)  The office shall provide supervision to the person.  The provision of supervision must include a tracking service and, if determined necessary by the office, supervised housing.
(c)  The office shall enter into appropriate memoranda of understanding with the Texas Department of Criminal Justice for the provision of a tracking service and with the Department of Public Safety and local law enforcement authorities for assistance in the preparation of criminal complaints, warrants, and related documents and in the apprehension and arrest of a person.
(d)  The office shall enter into appropriate contracts for the provision of any necessary supervised housing and other related services and may enter into appropriate contracts for medical and mental health services and sex offender treatment.
(e)  The case manager shall:
(1)  coordinate the treatment and supervision required by this chapter, including performing a periodic assessment of the success of that treatment and supervision; and
(2)  provide a report to the office, semiannually or more frequently as necessary, which must include any known change in the person's status that affects proper treatment and supervision.
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 347, Sec. 25, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 849 (S.B. 912), Sec. 4, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.94, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1201 (S.B. 166), Sec. 9, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 15, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.0831. Tiered Program

Sec. 841.0831.  TIERED PROGRAM.  (a)  The office shall develop a tiered program for the supervision and treatment of a committed person.
(b)  The tiered program must provide for the seamless transition of a committed person from a total confinement facility to less restrictive housing and supervision and eventually to release from civil commitment, based on the person's behavior and progress in treatment.
Added by Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 16, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.0832. Housing Facilities

Sec. 841.0832.  HOUSING FACILITIES.  (a)  The office shall operate, or contract with a vendor to operate, one or more facilities provided for the purpose of housing committed persons.
(b)  The office shall designate all or part of a facility under Subsection (a) to serve as an intake and orientation facility for committed persons on release from a secure correctional facility.
Added by Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 16, eff. June 17, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 17, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.0833. Security and Monitoring; Confidentiality

Sec. 841.0833.  SECURITY AND MONITORING; CONFIDENTIALITY.  (a)  The office shall develop procedures for the security and monitoring of committed persons in each programming tier.
(b)  Information regarding the security and monitoring procedures developed under Subsection (a) is confidential and not subject to disclosure under Chapter 552, Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 16, eff. June 17, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 18, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.0834. Movement Between Programming Tiers

Sec. 841.0834.  MOVEMENT BETWEEN PROGRAMMING TIERS.  (a)  The office shall transfer between programming tiers a committed person required to reside in a total confinement facility if the transfer is in the best interests of the person and conditions can be imposed that adequately protect the community.
(b)  Without the office's approval, a committed person may file a petition with the court for transfer to the next less restrictive tier.  The court shall deny the transfer if the petition is filed before the 180th day after the date an order was entered under Subchapter D, F, or G or a previous order was entered under this section.  The court shall grant the transfer if the court determines by clear and convincing evidence that the transfer is in the best interests of the person and that the office can impose conditions that adequately protect the community.
(c)  A committed person who files a petition under Subsection (b) shall serve a copy of the petition on the office and the attorney representing the state.
(d)  The office shall transfer a committed person who is not required to reside in a total confinement facility back to a more restrictive setting in a total confinement facility if the office considers the transfer necessary to further treatment and to protect the community. The decision to transfer the person must be based on the person's behavior or progress in treatment.
(e)  Not later than the 90th day after the date a committed person is returned to a more restrictive setting in a total confinement facility under Subsection (d), the committing court shall hold a hearing via videoconference to review the office's determination.  The court shall order the office to transfer the person to a less restrictive tier only if the court determines by clear and convincing evidence that the office's determination was not made in accordance with Subsection (d).  The committed person may waive the right to a hearing under this subsection.
Added by Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 16, eff. June 17, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 19, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 431 (S.B. 906), Sec. 7, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 431 (S.B. 906), Sec. 12, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 23, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.0835. Committed Persons With Special Needs

Sec. 841.0835.  COMMITTED PERSONS WITH SPECIAL NEEDS.  (a)  The Health and Human Services Commission, after coordination with the office, shall provide psychiatric services, disability services, and housing for a committed person with an intellectual or developmental disability, a mental illness, or a physical disability that prevents the person from effectively participating in the sex offender treatment program administered by the office.
(b)  For a committed person who the office has determined is unable to effectively participate in the sex offender treatment program because the person's mental illness prevents the person from understanding and internalizing the concepts presented by the program's treatment material, the Health and Human Services Commission shall provide inpatient mental health services until the person is able to participate effectively in the sex offender treatment program.
(c)  A person who is adjudicated as a sexually violent predator under this chapter and who has a mental illness that prevents the person from effectively participating in a sex offender treatment program presents a substantial risk of serious harm to the person or others for purposes of Chapter 574.
Added by Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 16, eff. June 17, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 301 (S.B. 613), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.0836. Release From Housing

Sec. 841.0836.  RELEASE FROM HOUSING.  (a)  A committed person released from housing operated by or under contract with the office shall be released to:
(1)  the county in which the person was most recently convicted of a sexually violent offense; or
(2)  if the county described by Subdivision (1) does not provide adequate opportunities for the person's treatment and for the person's housing or other supervision, as determined by the office, a county designated by the office.
(b)  The office may require a committed person released to a county under Subsection (a)(2) to change the person's residence to the county described by Subsection (a)(1) if the office determines that adequate opportunities for the person's treatment and for the person's housing or other supervision become available in that county.
Added by Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 16, eff. June 17, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 20, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 11 - Civil Commitment of Sexually Violent Predators › Chapter 841 - Civil Commitment of Sexually Violent Predators › Subchapter E. Civil Commitment › Section 841.0837. Emergency Detention Order

Sec. 841.0837.  EMERGENCY DETENTION ORDER.  The office may issue an emergency detention order for a committed person's immediate apprehension and transportation to an office-designated location for the purpose of:
(1)  returning the person to a more restrictive setting following:
(A)  a transfer to less restrictive housing and supervision under Section 841.0834; or
(B)  a release under Section 841.0836; or
(2)  for a recently committed person who is not in the custody of the Texas Department of Criminal Justice at the time the commitment order is entered, bringing the person under the supervision of the office.
Added by Acts 2017, 85th Leg., R.S., Ch. 34 (S.B. 1576), Sec. 21, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 431 (S.B. 906), Sec. 8, eff. September 1, 2021.