reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.165. Probable Cause Hearing

Sec. 81.165.  PROBABLE CAUSE HEARING.  (a)  A hearing must be held to determine if:
(1)  there is probable cause to believe that a person under a protective custody order presents a substantial risk of serious harm to himself or others to the extent that the person cannot be at liberty pending the hearing on a court order for the management of a person with a communicable disease;  and
(2)  the health authority or department has stated its opinion and the detailed basis for its opinion that the person is infected with or is reasonably suspected of being infected with a communicable disease that presents an immediate threat to public health.
(b)  The hearing must be held not later than 72 hours after the time that the person was detained under the protective custody order.  If the period ends on a Saturday, Sunday, or legal holiday, the hearing must be held on the next day that is not a Saturday, Sunday, or legal holiday.  The judge or magistrate may postpone the hearing for an additional 24 hours if the judge or magistrate declares that an extreme emergency exists because of extremely hazardous weather conditions that threaten the safety of the person or another essential party to the hearing.  If the area in which the person is found, or the area where the hearing will be held, is under a public health disaster, the judge or magistrate may postpone the hearing until the period of disaster is ended.
(c)  A magistrate or a master appointed by the presiding judge shall conduct the hearing.  The master is entitled to reasonable compensation.
(d)  The person and his attorney shall have an opportunity at the hearing to appear and present evidence to challenge the allegation that the person presents a substantial risk of serious harm to himself or others.  If the health authority advises the court that the person must remain in isolation or quarantine and that exposure to the judge, jurors, or the public would jeopardize the health and safety of those persons and the public health, a magistrate or a master may order that a person entitled to a hearing for a protective custody order may not appear in person and may appear only by teleconference or another means the magistrate or master finds appropriate to allow the person to speak, to interact with witnesses, and to confer with the person's attorney.
(e)  The magistrate or master may consider evidence that may not be admissible or sufficient in a subsequent commitment hearing, including letters, affidavits, and other material.
(f)  The state may prove its case on the health authority's or department's affidavit of medical evaluation filed in support of the initial motion.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.09, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.166. Order for Continued Detention

Sec. 81.166.  ORDER FOR CONTINUED DETENTION.  (a)  The magistrate or master shall order that a person remain in protective custody if the magistrate or master determines after the hearing that an adequate factual basis exists for probable cause to believe that the person presents a substantial risk of serious harm to himself or others to the extent that the person cannot remain at liberty pending the hearing on the application.
(b)  The magistrate or master shall arrange for the person to be returned to the health facility or other suitable place, along with copies of the affidavits and other material submitted as evidence in the hearing and the notification prepared as prescribed by Subsection (d).
(c)  A copy of the notification of probable cause hearing and the supporting evidence shall be filed with the district court that entered the original order of protective custody.
(d)  The notification of probable cause hearing shall read as follows:
(Style of Case)
NOTIFICATION OF PROBABLE CAUSE HEARING
On this the _____ day of _________________, 20__, the undersigned hearing officer heard evidence concerning the need for protective custody of ___________ (hereinafter referred to as proposed patient).  The proposed patient was given the opportunity to challenge the allegations that the proposed patient presents a substantial risk of serious harm to self or others.
The proposed patient and the proposed patient's attorney _________________________ have been given written notice that the proposed patient was placed under an order of protective custody and the reasons for such order on ___________ (date of notice).
I have examined the affidavit of medical evaluation and ________________ (other evidence considered).  Based on this evidence, I find that there is probable cause to believe that the proposed patient presents a substantial risk of serious harm to self (yes ____ or no ____) or others (yes ____ or no ____) such that the proposed patient cannot be at liberty pending final hearing because the proposed patient is infected with or is reasonably suspected of being infected with a communicable disease that presents an immediate threat to the public health and the proposed patient has failed or refused to comply with the orders of the health authority or the Department of State Health Services delivered on __________ (date of service) ____________.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0243, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.167. Detention in Protective Custody

Sec. 81.167.  DETENTION IN PROTECTIVE CUSTODY.  (a)  The head of a facility or the facility head's designee shall detain a person under a protective custody order in the facility pending a court order for the management of a person with a communicable disease or until the person is released or discharged under Section 81.168.
(b)  A person under a protective custody order shall be detained in an appropriate inpatient health facility that has been designated by the commissioner or by a health authority and selected by the health authority under Section 81.159.
(c)  A person under a protective custody order may be detained in a nonmedical facility used to detain persons who are charged with or convicted of a crime only with the consent of the medical director of the facility and only if the facility has respiratory isolation capability for airborne communicable diseases.  The person may not be detained in a nonmedical facility under this subsection for longer than 72 hours, excluding Saturdays, Sundays, legal holidays, the period prescribed by Section 81.165(b) for an extreme weather emergency, and the duration of a public health disaster.  The person must be isolated from any person who is charged with or convicted of a crime.
(d)  The health authority shall ensure that proper isolation methods are used and medical care is made available to a person who is detained in a nonmedical facility under Subsection (c).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 8, eff. May 23, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.10, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.168. Release From Detention

Sec. 81.168.  RELEASE FROM DETENTION.  (a)  The magistrate or master shall order the release of a person under a protective custody order if the magistrate or master determines after the hearing under Section 81.165 that no probable cause exists to believe that the person presents a substantial risk of serious harm to himself or others.
(b)  Arrangements shall be made to return a person released under Subsection (a) to:
(1)  the location at which the person was apprehended;
(2)  the person's place of residence in this state;  or
(3)  another suitable location.
(c)  The head of a facility shall discharge a person held under a protective custody order if:
(1)  the head of the facility does not receive notice within 72 hours after detention begins, excluding Saturdays, Sundays, legal holidays, the period prescribed by Section 81.165(b) for an extreme weather emergency, and the duration of a public health disaster, that a probable cause hearing was held and the person's continued detention was authorized;
(2)  a final court order for the management of a person with a communicable disease has not been entered within the time prescribed by Section 81.154; or
(3)  the health authority or commissioner determines that the person no longer meets the criteria for protective custody prescribed by Section 81.162.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.11, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.169. General Provisions Relating to Hearing

Sec. 81.169.  GENERAL PROVISIONS RELATING TO HEARING.  (a)  Except as provided by Subsection (b), the judge may hold a hearing on an application for a court order for the management of a person with a communicable disease at any suitable location in the county.  The hearing should be held in a physical setting that is not likely to have a harmful effect on the public or the person.
(b)  On the request of the person or the person's attorney, the hearing on the application shall be held in the county courthouse.
(c)  The health authority shall advise the court on appropriate control measures to prevent the transmission of the communicable disease alleged in the application.
(d)  The person is entitled to be present at the hearing.  The person or the person's attorney may waive this right.
(e)  The hearing must be open to the public unless the person or the person's attorney requests that the hearing be closed and the judge determines that there is good cause to close the hearing.
(f)  The Texas Rules of Evidence apply to the hearing unless the rules are inconsistent with this chapter.
(g)  The court may consider the testimony of a nonphysician health professional in addition to medical testimony.
(h)  The hearing is on the record, and the state must prove each element of the application criteria by clear and convincing evidence.
(i)  Notwithstanding Subsection (d), if the health authority advises the court that the person must remain in isolation or quarantine and that exposure to the judge, jurors, or the public would jeopardize the health and safety of those persons and the public health, a judge may order that a person entitled to a hearing may not appear in person and may appear only by teleconference or another means that the judge finds appropriate to allow the person to speak, to interact with witnesses, and to confer with the person's attorney.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.0001, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.12, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.170. Right to Jury

Sec. 81.170.  RIGHT TO JURY.  (a)  A hearing for temporary management must be before the court unless the person or the person's attorney requests a jury.
(b)  A hearing for extended management must be before a jury unless the person or the person's attorney waives the right to a jury.
(c)  A waiver of the right to a jury must be in writing, under oath, and signed by the person and the person's attorney.
(d)  The court may permit a waiver of the right to a jury to be withdrawn for good cause shown.  The withdrawal must be made at least seven days before the date on which the hearing is scheduled.
(e)  A court may not require a jury fee.
(f)  The jury shall determine if the person is infected with or is reasonably suspected of being infected with a communicable disease that presents a threat to the public health and, if the application is for inpatient treatment, has refused or failed to follow the orders of the health authority.  The jury may not make a finding about the type of services to be provided to the person.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 9, eff. May 23, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.171. Release After Hearing

Sec. 81.171.  RELEASE AFTER HEARING.  (a)  The court shall enter an order denying an application for a court order for temporary or extended management if after a hearing the judge or jury fails to find, from clear and convincing evidence, that the person:
(1)  is infected with or is reasonably suspected of being infected with a communicable disease that presents a threat to the public health;
(2)  has refused or failed to follow the orders of the health authority if the application is for inpatient treatment;  and
(3)  meets the applicable criteria for orders for the management of a person with a communicable disease.
(b)  If the court denies the application, the court shall order the immediate release of a person who is not at liberty.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 10, eff. May 23, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.172. Order for Temporary Management

Sec. 81.172.  ORDER FOR TEMPORARY MANAGEMENT.  (a)  The judge or jury may determine that a person requires court-ordered examination, observation, isolation, or treatment only if the judge or jury finds, from clear and convincing evidence, that:
(1)  the person is infected with or is reasonably suspected of being infected with a communicable disease that presents a threat to the public health and, if the application is for inpatient treatment, has failed or refused to follow the orders of the health authority or department;  and
(2)  as a result of the communicable disease the person:
(A)  is likely to cause serious harm to himself;  or
(B)  will, if not examined, observed, isolated, or treated, continue to endanger public health.
(b)  The judge or jury must specify each criterion listed in Subsection (a)(2) that forms the basis for the decision.
(c)  The person or the person's attorney, by a written document filed with the court, may waive the right to cross-examine witnesses, and the court may admit, as evidence, the affidavit of medical evaluation.  The affidavit admitted under this subsection constitutes competent medical testimony, and the court may make its findings solely from the affidavit.
(d)  An order for temporary management shall state that examinations, treatment, and surveillance are authorized for a period not longer than 90 days.
(e)  The department, with the cooperation of the head of the facility, shall submit to the court a general program of treatment to be provided.  The program must be submitted not later than the 14th day after the date the order is issued and must be incorporated into the court order.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 11, eff. May 23, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.173. Order for Extended Management

Sec. 81.173.  ORDER FOR EXTENDED MANAGEMENT.  (a)  The jury, or the judge if the right to a jury is waived, may determine that a proposed patient requires court-ordered examination, observation, isolation, or treatment only if the jury or judge finds, from clear and convincing evidence, that:
(1)  the person is infected with a communicable disease that presents a threat to the public health and, if the application is for inpatient treatment, has failed to follow the orders of the health authority or department;
(2)  as a result of that communicable disease the person:
(A)  is likely to cause serious harm to himself;  or
(B)  will, if not examined, observed, isolated, or treated, continue to endanger public health;  and
(3)  the person's condition is expected to continue for more than 90 days.
(b)  The jury or judge must specify each criterion listed in Subsection (a)(2) that forms the basis for the decision.
(c)  The court may not make findings solely from the affidavit of medical evaluation, but shall hear testimony.  The court may not enter an order for extended management unless appropriate findings are made and are supported by testimony taken at the hearing.  The testimony must include competent medical testimony.
(d)  An order for extended management shall state that examination, treatment, and surveillance are authorized for not longer than 12 months.
(e)  The department, with the cooperation of the head of the facility, shall submit to the court a general program of treatment to be provided.  The program must be submitted not later than the 14th day after the date the order is issued and must be incorporated into the court order.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 12, eff. May 23, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.174. Order of Care or Commitment

Sec. 81.174.  ORDER OF CARE OR COMMITMENT.  (a)  The judge shall dismiss the jury, if any, after a hearing in which a person is found:
(1)  to be infected with or reasonably suspected of being infected with a communicable disease;
(2)  to have failed or refused to follow the orders of a health authority or the department if the application is for inpatient treatment; and
(3)  to meet the criteria for orders for the management of a patient with a communicable disease.
(b)  The judge may hear additional evidence relating to alternative settings for examination, observation, treatment, or isolation before entering an order relating to the setting for the care the person will receive.
(c)  The judge shall consider in determining the setting for care the recommendation for the appropriate health care facility filed under this chapter.
(d)  The judge may enter an order:
(1)  committing the person to a health care facility for inpatient care;  or
(2)  requiring the person to participate in other communicable disease management programs.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 13, eff. May 23, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.175. Court-Ordered Outpatient Services

Sec. 81.175.  COURT-ORDERED OUTPATIENT SERVICES.  (a)  The court, in an order that directs a person to participate in an outpatient communicable disease program, shall designate a health authority to monitor the person's compliance.  The head of a health care facility or an individual involved in providing the services in which the person is to participate under the order shall cooperate with the health authority in implementing the court orders.
(b)  The health authority or the department, with the cooperation of the head of the facility, shall submit to the court within two weeks after the court enters the order a general program of the treatment to be provided. The program must be incorporated into the court order.
(c)  The health authority or department shall inform the court:
(1)  if the person fails to comply with the court order;  and
(2)  of any substantial change in the general program of treatment that occurs before the order expires.
(d)  A facility must comply with this section to the extent that the commissioner determines that the designated facility has sufficient resources to perform the necessary services.
(e)  A person may not be detained in a private health care facility without the consent of the facility head.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.176. Designation of Facility

Sec. 81.176.  DESIGNATION OF FACILITY.  In a court order for the temporary or extended management of a person with a communicable disease specifying inpatient care, the court shall commit the person to a health care facility designated by the commissioner or a health authority in accordance with Section 81.159.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.13, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.177. Commitment to Private Facility

Sec. 81.177.  COMMITMENT TO PRIVATE FACILITY.  (a)  The court may order a person committed to a private health care facility at no expense to the state if the court receives:
(1)  an application signed by the person or the person's guardian or next friend requesting that the person be placed in a designated private health care facility at the person's or applicant's expense; and
(2)  a written agreement from the head of the private health care facility to admit the person and to accept responsibility for the person in accordance with this chapter.
(b)  Consistent with Subsection (a), the court may order a person committed to a private health care facility at no expense to the state, a county, a municipality, or a hospital district if:
(1)  a state of disaster or a public health disaster has been declared or an area quarantine is imposed under Section 81.085;
(2)  the health care facility is located within the disaster area or area quarantine, as applicable; and
(3)  the judge determines that there is no public health care facility within the disaster area or area quarantine, as applicable, that has appropriate facilities and the capacity available to receive and treat the person.
(c)  Nothing in this section prevents a health care facility that accepts a person under this section from pursuing reimbursement from any appropriate source, such as a third-party public or private payor or disaster relief fund.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.14, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.178. Commitment to Federal Facility

Sec. 81.178.  COMMITMENT TO FEDERAL FACILITY.  (a)  A court may order a person committed to a federal agency that operates a health care facility if the court receives written notice from the agency that facilities are available and that the person is eligible for care or treatment in the facility.  The court may place the person in the agency's custody for transportation to the health care facility.
(b)  A person admitted under court order to a health care facility operated by a federal agency, regardless of location, is subject to the agency's rules and regulations.
(c)  The head of the health care facility has the same authority and responsibility with respect to the person as the head of a facility.
(d)  The appropriate courts of this state retain jurisdiction to inquire at any time into the person's condition and the necessity of the person's continued commitment.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0244, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.179. Transportation of Person

Sec. 81.179.  TRANSPORTATION OF PERSON.  (a)  The court shall order the sheriff or constable to transport the person to the designated health care facility.
(b)  A female shall be accompanied by a female attendant during conveyance to the health care facility.
(c)  The health authority or department shall instruct the sheriff or constable on procedures that may be necessary in transporting the person to prevent the spread of the disease.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 14, eff. May 23, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.180. Writ of Commitment

Sec. 81.180.  WRIT OF COMMITMENT.  The court shall direct the court clerk to issue to the individual authorized to transport the person two writs of commitment requiring the individual to take custody of and transport the person to the designated health care facility.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.181. Acknowledgement of Delivery

Sec. 81.181.  ACKNOWLEDGEMENT OF DELIVERY.  The head of the facility, after receiving a copy of the writ of commitment and after admitting the person, shall:
(1)  give the individual transporting the person a written statement acknowledging acceptance of the person and of any personal property belonging to the person;  and
(2)  file a copy of the statement with the clerk of the committing court.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.182. Modification of Order for Inpatient Treatment

Sec. 81.182.  MODIFICATION OF ORDER FOR INPATIENT TREATMENT.  (a)  At the request of the health authority, a municipal, county, or district attorney, as appropriate, shall request the court that entered the commitment order to modify the order to provide for outpatient care.  At the request of the department, the attorney general shall request the court that entered the commitment order to modify the order to provide for outpatient care.
(b)  The request must explain in detail the reason for the request.  The request must be accompanied by an affidavit of a physician who examined the person during the preceding seven days.
(c)  The person shall be given notice of the request.
(d)  On the request of the person or any other interested individual, the court shall hold a hearing on the request.  The court shall appoint an attorney to represent the person at the hearing.  The hearing shall be held before the court without a jury and as prescribed by Section 81.169.  The person shall be represented by an attorney and receive proper notice.
(e)  If a hearing is not requested, the court may make the decision solely from the request and the supporting affidavit.
(f)  If the court modifies the order, the court shall designate the health authority to monitor the person's compliance.
(g)  The head of a health care facility or an individual involved in providing the services in which the person is to participate under the order shall cooperate with the health authority and shall comply with Section 81.175(b).
(h)  A modified order may not extend beyond the term of the original order.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 15, eff. May 23, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.183. Motion for Modification of Order for Outpatient Treatment

Sec. 81.183.  MOTION FOR MODIFICATION OF ORDER FOR OUTPATIENT TREATMENT.  (a)  The court that entered an order directing a person to participate in outpatient health services may set a hearing to determine if the order should be modified in a way that is a substantial deviation from the original program of treatment incorporated in the court's order.  The court may set the hearing on its own motion, on the motion of a municipal, county, or district attorney at the request of the health authority, on the motion of the attorney general at the request of the department, or at the request of any other interested person.
(b)  The court shall appoint an attorney to represent the person if a hearing is scheduled.  The person shall be given notice of the matters to be considered at the hearing.  The notice must comply with the requirements of Section 81.155 for notice before a hearing on an application for court orders for the management of a person with a communicable disease.
(c)  The hearing shall be held before the court, without a jury, and as prescribed by this chapter.  The person shall be represented by an attorney and receive proper notice.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 16, eff. May 23, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.184. Order for Temporary Detention

Sec. 81.184.  ORDER FOR TEMPORARY DETENTION.  (a)  At the request of the health authority, a municipal, county, or district attorney, as appropriate, shall file a sworn application for the person's temporary detention pending a modification hearing under Section 81.183.  At the request of the department, the attorney general shall file a sworn application for the person's temporary detention pending a modification hearing under Section 81.183.
(b)  The application must state the applicant's opinion and detail the reason for the applicant's opinion that:
(1)  the person meets the criteria described by this chapter;  and
(2)  detention in an inpatient health care facility is necessary to evaluate the appropriate setting for continued court-ordered care.
(c)  The court shall decide from the information in the application.  The court may issue an order for temporary detention if a modification hearing is set and the court finds that there is probable cause to believe that the opinions stated in the application are valid.
(d)  The judge shall appoint an attorney to represent a person who does not have an attorney when the order for temporary detention is signed.
(e)  Within 24 hours after the time detention begins, the court that issued the temporary detention order shall provide to the person and the person's attorney a written notice that contains:
(1)  a statement that the person has been placed under a temporary detention order;
(2)  the grounds for the order;  and
(3)  the time and place of the modification hearing.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 17, eff. May 23, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.185. Apprehension and Release Under Order for Temporary Detention

Sec. 81.185.  APPREHENSION AND RELEASE UNDER ORDER FOR TEMPORARY DETENTION.  (a)  The order for temporary detention shall direct a peace officer, including a sheriff or constable, to take the person into custody and immediately transport the person to an appropriate inpatient health care facility.  The person shall be transported to a facility considered suitable by the health authority if an appropriate inpatient health care facility is not available.
(b)  A person may be detained under a temporary detention order for not longer than 72 hours, excluding Saturdays, Sundays, legal holidays, and the period prescribed by Section 81.165(b) for an extreme weather emergency.
(c)  A facility head shall immediately release a person held under an order for temporary detention if the facility head does not receive notice that a modification hearing was held within the time prescribed by Subsection (b) at which the patient's continued detention was authorized.
(d)  A person released from custody under Subsection (c) continues to be subject to the terms of the outpatient orders for the management of the person issued before the order for temporary detention, if the orders have not expired.
(e)  The order for temporary detention may direct an emergency medical services provider to provide an ambulance and staff to immediately transport the person who is the subject of the order to an appropriate inpatient health care facility designated by the order or other suitable facility.  The provider may seek reimbursement for the costs of the transport from any appropriate source.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 314 (H.B. 1690), Sec. 7, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.186. Order of Modification of Order for Outpatient Services

Sec. 81.186.  ORDER OF MODIFICATION OF ORDER FOR OUTPATIENT SERVICES.  (a)  The court may modify an order for outpatient services at the modification hearing if the court determines that the person continues to meet the applicable criteria for court orders for the management of a person with a communicable disease and that:
(1)  the person has not complied with the court's order;  or
(2)  the person's condition has deteriorated to the extent that outpatient services are no longer appropriate.
(b)  The court's decision to modify an order must be supported by an affidavit of medical evaluation prepared by the health authority or department.
(c)  A court may refuse to modify the order and may direct the person to continue to participate in outpatient health services in accordance with the original order even if the criteria prescribed by Subsection (a) have been met.
(d)  A modification may include:
(1)  incorporating in the order a revised treatment program and providing for continued outpatient health services under the modified order, if a revised general program of treatment was submitted to and accepted by the court;  or
(2)  providing for examination, observation, isolation, or treatment at an appropriate inpatient health care facility.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.187. Renewal of Order for Extended Management

Sec. 81.187.  RENEWAL OF ORDER FOR EXTENDED MANAGEMENT.  (a)  A municipal, county, or district attorney, as appropriate, at the request of the health authority, shall file an application to renew an order for extended management.  At the request of the department, the attorney general shall file an application to renew an order for extended management.
(b)  The application must explain in detail why the person requests renewal.  An application to renew an order committing the person to extended inpatient services must also explain in detail why a less restrictive setting is not appropriate.
(c)  The application must be accompanied by an affidavit of medical evaluation dated and signed by the health authority or department according to an examination conducted within the preceding 30 days.
(d)  The court shall appoint an attorney to represent the person when an application is filed.
(e)  The person or the person's attorney may request a hearing on the application.  The court may set a hearing on its own motion.  An application for which a hearing is requested or set is considered an original application for a court order for the extended management of a person with a communicable disease.
(f)  A court may not renew an order unless the court finds that the patient meets the criteria for extended management required by this chapter.  The court must make the findings prescribed by this subsection to renew an order, regardless of whether a hearing is requested or set.  A renewed order authorizes treatment for not more than 12 months.
(g)  The court may admit into evidence the affidavit of medical evaluation if a hearing is not requested or set.  The affidavit constitutes competent medical testimony and the court may make its findings solely from the affidavit and the detailed request for renewal.
(h)  The court, after renewing an order for extended inpatient health services, may modify the order to provide for outpatient health services in accordance with this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 242, Sec. 18, eff. May 23, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.188. Motion for Rehearing

Sec. 81.188.  MOTION FOR REHEARING.  (a)  The court may set aside an order for the management of a person with a communicable disease and grant a motion for rehearing for good cause shown.
(b)  The court may stay the order and release the person from custody before the hearing if the court is satisfied that the person does not meet the criteria for protective custody under this chapter.
(c)  The court may require an appearance bond in an amount set by the court.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.189. Request for Reexamination

Sec. 81.189.  REQUEST FOR REEXAMINATION.  (a)  A person subject to an order for extended management, or any interested person on the person's behalf and with the person's consent, may file a request with a court for a reexamination and a hearing to determine if the person continues to meet the criteria for the court order.
(b)  The request must be filed in the county in which the person is receiving the services.
(c)  The court may, on good cause shown:
(1)  require that the patient be reexamined;
(2)  schedule a hearing on the request;  and
(3)  notify the health authority, department, and the head of the facility providing health services to the person.
(d)  A court is not required to order a reexamination or hearing if the request is filed within six months after an order for extended management is entered or after a similar request is filed.
(e)  The head of the facility shall arrange for the person to be reexamined after receiving the court's notice.
(f)  The head of the facility shall immediately discharge the person if the health authority or department determines that the person no longer meets the criteria for court-ordered extended health services.
(g)  If the health authority or department determines that the person continues to meet the criteria for a court order for extended management, the health authority or department shall file an affidavit of medical evaluation with the court within 10 days after the request for reexamination and hearing is filed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.190. Hearing on Request for Reexamination

Sec. 81.190.  HEARING ON REQUEST FOR REEXAMINATION.  (a)  A court that required a patient's reexamination under Section 81.189 may set a date and place for a hearing on the request if, not later than the 10th day after the request is filed:
(1)  an affidavit of medical evaluation stating that the patient continues to meet the criteria for extended management has been filed;  or
(2)  an affidavit has not been filed and the person has not been discharged.
(b)  When the hearing is set, the judge shall appoint an attorney to represent the person if the person does not already have an attorney.  The judge shall also give notice of the hearing to the person, the person's attorney, the health authority or department, and the facility head.
(c)  The judge shall appoint a physician who is not on the staff of the health care facility in which the person is receiving services to examine the person and file an affidavit with the court setting out the person's diagnosis and recommended treatment.  The court shall ensure that the person may be examined by a physician of the person's choice and own expense if requested by the person.
(d)  The hearing is held before the court and without a jury.  The hearing must be held in accordance with the requirements for a hearing on an application for a court order for the management of a person with a communicable disease.
(e)  The court shall dismiss the request if the court finds from clear and convincing evidence that the person continues to meet the criteria for extended management.
(f)  The judge shall order the head of the facility to discharge the person if the court fails to find from clear and convincing evidence that the person continues to meet the criteria.
(g)  If the department or health authority advises the court that the person must remain in isolation or quarantine and that exposure to the judge or the public would jeopardize the health and safety of those persons and the public health, the judge may order that a person entitled to a hearing may not appear in person and may appear only by teleconference or another means that the judge finds appropriate to allow the person to speak, to interact with witnesses, and to confer with the person's attorney.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 314 (H.B. 1690), Sec. 8, eff. June 14, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies › Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies › Subchapter G. Court Orders for Management of Persons With Communicable Diseases › Section 81.191. Appeal

Sec. 81.191.  APPEAL.  (a)  An appeal from an order for the management of a person with a communicable disease, or from a renewal or modification of an order, must be filed in the court of appeals for the county in which the order is entered.
(b)  Notice of appeal must be filed not later than the 10th day after the date on which the order is signed.
(c)  When an appeal is filed the clerk shall immediately send a certified transcript of the proceedings to the court of appeals.
(d)  The trial judge in whose court the cause is pending may:
(1)  stay the order and release the person from custody before the appeal if the judge is satisfied that the person does not meet the criteria for protective custody under this chapter;  and
(2)  if the person is at liberty, require an appearance bond in an amount set by the court.
(e)  The court of appeals and supreme court shall give an appeal under this section preference over all other cases and shall advance the appeal on the docket.  The courts may suspend all rules relating to the time for filing briefs and docketing cases.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.