reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 573 - Emergency Detention › Subchapter C. Emergency Detention, Release, and Rights › Section 573.025. Rights of Persons Apprehended, Detained, or Transported for Emergency Detention

Sec.  573.025.  RIGHTS OF PERSONS APPREHENDED, DETAINED, OR TRANSPORTED FOR EMERGENCY DETENTION.  (a)  A person apprehended, detained, or transported for emergency detention under this chapter has the right:
(1)  to be advised of the location of detention, the reasons for the detention, and the fact that the detention could result in a longer period of involuntary commitment;
(2)  to a reasonable opportunity to communicate with and retain an attorney;
(3)  to be transported to a location as provided by Section 573.024 if the person is not admitted for emergency detention, unless the person is arrested or objects;
(4)  to be released from a facility as provided by Section 573.023;
(5)  to be advised that communications with a mental health professional may be used in proceedings for further detention;
(6)  to be transported in accordance with Sections 573.026 and 574.045, if the person is detained under Section 573.022 or transported under an order of protective custody under Section 574.023; and
(7)  to a reasonable opportunity to communicate with a relative or other responsible person who has a proper interest in the person's welfare.
(b)  A person apprehended, detained, or transported for emergency detention under this subtitle shall be informed of the rights provided by this section and this subtitle:
(1)  orally in simple, nontechnical terms, within 24 hours after the time the person is admitted to a facility, and in writing in the person's primary language if possible; or
(2)  through the use of a means reasonably calculated to communicate with a hearing or visually impaired person, if applicable.
(c)  The executive commissioner by rule shall prescribe the manner in which the person is informed of the person's rights under this section and this subtitle.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 1512, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 692, Sec. 10, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 318 (H.B. 1738), Sec. 4, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1370, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 573 - Emergency Detention › Subchapter C. Emergency Detention, Release, and Rights › Section 573.026. Transportation After Detention

Sec. 573.026.  TRANSPORTATION AFTER DETENTION.  A person being transported after detention under Section 573.022 shall be transported in accordance with Section 574.045.
Added by Acts 1999, 76th Leg., ch. 1512, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter A. Application for Commitment and Prehearing Procedures › Section 574.001. Application for Court-Ordered Mental Health Services

Sec. 574.001.  APPLICATION FOR COURT-ORDERED MENTAL HEALTH SERVICES.  (a)  A county or district attorney or other adult may file a sworn written application for court-ordered mental health services.  Only the district or county attorney may file an application that is not accompanied by a certificate of medical examination.
(b)  Except as provided by Subsection (f), the application must be filed with the county clerk in the county in which the proposed patient:
(1)  resides;
(2)  is found;  or
(3)  is receiving mental health services by court order or under Subchapter A, Chapter 573.
(c)  If the application is not filed in the county in which the proposed patient resides, the court may, on request of the proposed patient or the proposed patient's attorney and if good cause is shown, transfer the application to that county.
(d)  An application may be transferred to the county in which the person is being detained under Subchapter B  if the county to which the application is to be transferred approves such transfer.  A transfer under this subsection does not preclude the proposed patient from filing a motion to transfer under Subsection (c).
(e)  An order transferring a criminal defendant against whom all charges have been dismissed to the appropriate court for a hearing on court-ordered mental health services in accordance with Subchapter F, Chapter 46B, Code of Criminal Procedure, serves as an application under this section.  The order must state that all charges have been dismissed.
(f)  An application in which the proposed patient is a child in the custody of the Texas Juvenile Justice Department may be filed in the county in which the child's commitment to the Texas Juvenile Justice Department was ordered.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 770, Sec. 4, eff. June 16, 1995;  Acts 1997, 75th Leg., ch. 1086, Sec. 38, eff. June 19, 1997;  Acts 2003, 78th Leg., ch. 35, Sec. 10, eff. Jan. 1, 2004.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1371, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter A. Application for Commitment and Prehearing Procedures › Section 574.002. Form of Application

Sec. 574.002.  FORM OF APPLICATION.  (a)  An application for court-ordered mental health services must be styled using the proposed patient's initials and not the proposed patient's full name.
(b)  The application must state whether the application is for temporary or extended mental health services.  An application for extended inpatient mental health services must state that the person has received court-ordered inpatient mental health services under this subtitle or under Subchapter D or E, Chapter 46B, Code of Criminal Procedure, for at least 60 consecutive days during the preceding 12 months.  An application for extended outpatient mental health services must state that the person has received:
(1)  court-ordered inpatient mental health services under this subtitle or under Subchapter D or E, Chapter 46B, Code of Criminal Procedure, for a total of at least 60 days during the preceding 12 months; or
(2)  court-ordered outpatient mental health services under this subtitle or under Subchapter D or E, Chapter 46B, Code of Criminal Procedure, during the preceding 60 days.
(c)  Any application must contain the following information according to the applicant's information and belief:
(1)  the proposed patient's name and address;
(2)  the proposed patient's county of residence in this state;
(3)  a statement that the proposed patient is a person with mental illness and meets the criteria in Section 574.034, 574.0345, 574.035, or 574.0355 for court-ordered mental health services; and
(4)  whether the proposed patient is charged with a criminal offense.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2003, 78th Leg., ch. 35, Sec. 11, eff. Jan. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 166 (S.B. 118), Sec. 2, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1372, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter A. Application for Commitment and Prehearing Procedures › Section 574.003. Appointment of Attorney

Sec. 574.003.  APPOINTMENT OF ATTORNEY.  (a)  The judge shall appoint an attorney to represent a proposed patient within 24 hours after the time an application for court-ordered mental health services is filed if the proposed patient does not have an attorney.  At that time, the judge shall also appoint a language or sign interpreter if necessary to ensure effective communication with the attorney in the proposed patient's primary language.
(b)  The court shall inform the attorney in writing of the attorney's duties under Section 574.004.
(c)  The proposed patient's attorney shall be furnished with all records and papers in the case and is entitled to have access to all hospital and physicians' records.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter A. Application for Commitment and Prehearing Procedures › Section 574.004. Duties of Attorney

Sec. 574.004.  DUTIES OF ATTORNEY.  (a)  An attorney representing a proposed patient shall interview the proposed patient within a reasonable time before the date of the hearing on the application.
(b)  The attorney shall thoroughly discuss with the proposed patient the law and facts of the case, the proposed patient's options, and the grounds on which the court-ordered mental health services are being sought.  A court-appointed attorney shall also inform the proposed patient that the proposed patient may obtain personal legal counsel at the proposed patient's expense instead of accepting the court-appointed counsel.
(c)  The attorney may advise the proposed patient of the wisdom of agreeing to or resisting efforts to provide mental health services, but the proposed patient shall make the decision to agree to or resist the efforts.  Regardless of an attorney's personal opinion, the attorney shall use all reasonable efforts within the bounds of law to advocate the proposed patient's right to avoid court-ordered mental health services if the proposed patient expresses a desire to avoid the services.  If the proposed patient desires, the attorney shall advocate for the least restrictive treatment alternatives to court-ordered inpatient mental health services.
(d)  Before a hearing, the attorney shall:
(1)  review the application, the certificates of medical examination for mental illness, and the proposed patient's relevant medical records;
(2)  interview supporting witnesses and other witnesses who will testify at the hearing;  and
(3)  explore the least restrictive treatment alternatives to court-ordered inpatient mental health services.
(e)  The attorney shall advise the proposed patient of the proposed patient's right to attend a hearing or to waive the right to attend a hearing and shall inform the court why a proposed patient is absent from a hearing.
(f)  The attorney shall discuss with the proposed patient:
(1)  the procedures for appeal, release, and discharge if the court orders participation in mental health services;  and
(2)  other rights the proposed patient may have during the period of the court's order.
(g)  To withdraw from a case after interviewing a proposed patient, an attorney must file a motion to withdraw with the court.  The court shall act on the motion as soon as possible.  An attorney may not withdraw from a case unless the withdrawal is authorized by court order.
(h)  The attorney is responsible for a person's legal representation until:
(1)  the application is dismissed;
(2)  an appeal from an order directing treatment is taken;
(3)  the time for giving notice of appeal expires by operation of law;  or
(4)  another attorney assumes responsibility for the case.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter A. Application for Commitment and Prehearing Procedures › Section 574.005. Setting on Application

Sec. 574.005.  SETTING ON APPLICATION.  (a)  The judge or a magistrate designated under Section 574.021(e) shall set a date for a hearing to be held within 14 days after the date on which the application is filed.
(b)  The hearing may not be held during the first three days after the application is filed if the proposed patient or the proposed patient's attorney objects.
(c)  The court may grant one or more continuances of the hearing on the motion by a party and for good cause shown or on agreement of the parties.  However, the hearing shall be held not later than the 30th day after the date on which the original application is filed.  If extremely hazardous weather conditions exist or a disaster occurs that threatens the safety of the proposed patient or other essential parties to the hearing, the judge or magistrate may, by written order made each day, postpone the hearing for 24 hours.  The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter A. Application for Commitment and Prehearing Procedures › Section 574.006. Notice

Sec. 574.006.  NOTICE.  (a)  The proposed patient and his attorney are entitled to receive a copy of the application and written notice of the time and place of the hearing immediately after the date for the hearing is set.
(b)  A copy of the application and the written notice shall be delivered in person or sent by certified mail to the proposed patient's:
(1)  parent, if the proposed patient is a minor;
(2)  appointed guardian, if the proposed patient is the subject of a guardianship;  or
(3)  each managing and possessory conservator that has been appointed for the proposed patient.
(c)  Notice may be given to the proposed patient's next of kin if the relative is the applicant and the parent cannot be located and a guardian or conservator has not been appointed.
(d)  Notice of the time and place of any hearing and of the name, telephone number, and address of any attorneys known or believed to represent the state or the proposed patient shall be furnished to any person stating that that person has evidence to present upon any material issue, without regard to whether such evidence is on behalf of the state or of the proposed patient.  The notice shall not include the application, medical records, names or addresses of other potential witnesses, or any other information whatsoever.  Any clerk, judge, magistrate, court coordinator, or other officer of the court shall provide such information and shall be entitled to judicial immunity in any civil suit seeking damages as a result of providing such notice.  Should such evidence be offered at trial and the adverse party claim surprise, the hearing may be continued under the provisions of Section 574.005, and the person producing such evidence shall be entitled to timely notice of the date and time of such continuance.
Any officer, employee, or agent of the department shall refer any inquiring person to the court authorized to provide the notice if such information is in the possession of the department.  The notice shall be provided in the form that is most understandable to the person making such inquiry.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 623, Sec. 1, eff. Aug. 28, 1995.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter A. Application for Commitment and Prehearing Procedures › Section 574.007. Disclosure of Information

Sec. 574.007.  DISCLOSURE OF INFORMATION.  (a)  The proposed patient's attorney may request information from the county or district attorney in accordance with this section if the attorney cannot otherwise obtain the information.
(b)  If the proposed patient's attorney requests the information at least 48 hours before the time set for the hearing, the county or district attorney shall, within a reasonable time before the hearing, provide the attorney with a statement that includes:
(1)  the provisions of this subtitle that will be relied on at the hearing to establish that the proposed patient requires court-ordered temporary or extended inpatient mental health services;
(2)  the reasons voluntary outpatient services are not considered appropriate for the proposed patient;
(3)  the name, address, and telephone number of each witness who may testify at the hearing;
(4)  a brief description of the reasons court-ordered temporary or extended inpatient or outpatient, as appropriate, mental health services are required;  and
(5)  a list of any acts committed by the proposed patient that the applicant will attempt to prove at the hearing.
(c)  At the hearing, the judge may admit evidence or testimony that relates to matters not disclosed under Subsection (b) if the admission would not deprive the proposed patient of a fair opportunity to contest the evidence or testimony.
(d)  Except as provided by this subsection, not later than 48 hours before the time set for the hearing on the petition for commitment, the county or district attorney shall inform the proposed patient through the proposed patient's attorney whether the county or district attorney will request that the proposed patient be committed to inpatient services or outpatient services.  The proposed patient, the proposed patient's attorney, and the county or district attorney may agree to waive the requirement of this subsection.  The waiver must be made by the proposed patient:
(1)  orally and in the presence of the court;  or
(2)  in writing and signed and sworn to under oath by the proposed patient and the proposed patient's attorney.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 744, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter A. Application for Commitment and Prehearing Procedures › Section 574.008. Court Jurisdiction and Transfer

Sec. 574.008.  COURT JURISDICTION AND TRANSFER.  (a)  A proceeding under Subchapter C  or E  must be held in the statutory or constitutional county court that has the jurisdiction of a probate court in mental illness matters.
(b)  If the hearing is to be held in a county court in which the judge is not a licensed attorney, the proposed patient or the proposed patient's attorney may request that the proceeding be transferred to a court with a judge who is licensed to practice law in this state.  The county judge shall transfer the case after receiving the request and the receiving court shall hear the case as if it had been originally filed in that court.
(c)  If a patient is receiving temporary inpatient mental health services in a county other than the county that initiated the court-ordered inpatient mental health services and the patient requires extended inpatient mental health services, the county in which the proceedings originated shall pay the expenses of transporting the patient back to the county for the hearing unless the court that entered the temporary order arranges with the appropriate court in the county in which the patient is receiving services to hold the hearing on court-ordered extended inpatient mental health services before the original order expires.
(d)  If an order for outpatient services designates that such services be provided in a county other than the county in which the order was initiated, the court shall transfer the case to the appropriate court in the county in which the services are being provided.  That court shall thereafter have exclusive, continuing jurisdiction of the case, including the receipt of the general treatment program required by Section 574.037(b).
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 770, Sec. 5, eff. June 16, 1995.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter A. Application for Commitment and Prehearing Procedures › Section 574.009. Requirement of Medical Examination

Sec. 574.009.  REQUIREMENT OF MEDICAL EXAMINATION.  (a)  A hearing on an application for court-ordered mental health services may not be held unless there are on file with the court at least two certificates of medical examination for mental illness completed by different physicians each of whom has examined the proposed patient during the preceding 30 days.  At least one of the physicians must be a psychiatrist if a psychiatrist is available in the county.
(b)  If the certificates are not filed with the application, the judge or magistrate designated under Section 574.021(e) may appoint the necessary physicians to examine the proposed patient and file the certificates.
(c)  The judge or designated magistrate may order the proposed patient to submit to the examination and may issue a warrant authorizing a peace officer to take the proposed patient into custody for the examination.
(d)  If the certificates required under this section are not on file at the time set for the hearing on the application, the judge shall dismiss the application and order the immediate release of the proposed patient if that person is not at liberty.  If extremely hazardous weather conditions exist or a disaster occurs, the presiding judge or magistrate may by written order made each day extend the period during which the two certificates of medical examination for mental illness may be filed, and the person may be detained until 4 p.m. on the first succeeding business day.  The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.48, eff. Aug. 30, 1993.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter A. Application for Commitment and Prehearing Procedures › Section 574.010. Independent Psychiatric Evaluation and Expert Testimony

Sec. 574.010.  INDEPENDENT PSYCHIATRIC EVALUATION AND EXPERT TESTIMONY.  (a)  The court may order an independent evaluation of the proposed patient by a psychiatrist chosen by the proposed patient if the court determines that the evaluation will assist the finder of fact.  The psychiatrist may testify on behalf of the proposed patient.
(b)  If the court determines that the proposed patient is indigent, the court may authorize reimbursement to the attorney ad litem for court-approved expenses incurred in obtaining expert testimony and may order the proposed patient's county of residence to pay the expenses.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter A. Application for Commitment and Prehearing Procedures › Section 574.011. Certificate of Medical Examination for Mental Illness

Sec. 574.011.  CERTIFICATE OF MEDICAL EXAMINATION FOR MENTAL ILLNESS.  (a)  A certificate of medical examination for mental illness must be sworn to, dated, and signed by the examining physician.  The certificate must include:
(1)  the name and address of the examining physician;
(2)  the name and address of the person examined;
(3)  the date and place of the examination;
(4)  a brief diagnosis of the examined person's physical and mental condition;
(5)  the period, if any, during which the examined person has been under the care of the examining physician;
(6)  an accurate description of the mental health treatment, if any, given by or administered under the direction of the examining physician; and
(7)  the examining physician's opinion that:
(A)  the examined person is a person with mental illness; and
(B)  as a result of that illness the examined person is likely to cause serious harm to the person or to others or is:
(i)  suffering severe and abnormal mental, emotional, or physical distress;
(ii)  experiencing substantial mental or physical deterioration of the proposed patient's ability to function independently, which is exhibited by the proposed patient's inability, except for reasons of indigence, to provide for the proposed patient's basic needs, including food, clothing, health, or safety; and
(iii)  not able to make a rational and informed decision as to whether to submit to treatment.
(b)  The examining physician must specify in the certificate which criterion listed in Subsection (a)(7)(B) forms the basis for the physician's opinion.
(c)  If the certificate is offered in support of an application for extended mental health services, the certificate must also include the examining physician's opinion that the examined person's condition is expected to continue for more than 90 days.
(d)  If the certificate is offered in support of a motion for a protective custody order, the certificate must also include the examining physician's opinion that the examined person presents a substantial risk of serious harm to himself or others if not immediately restrained.  The harm may be demonstrated by the examined person's behavior or by evidence of severe emotional distress and deterioration in the examined person's mental condition to the extent that the examined person cannot remain at liberty.
(e)  The certificate must include the detailed reason for each of the examining physician's opinions under this section.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 744, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1373, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter A. Application for Commitment and Prehearing Procedures › Section 574.012. Recommendation for Treatment

Sec. 574.012.  RECOMMENDATION FOR TREATMENT.  (a)  The local mental health authority in the county in which an application is filed shall file with the court a recommendation for the most appropriate treatment alternative for the proposed patient.
(b)  The court shall direct the local mental health authority to file, before the date set for the hearing, its recommendation for the proposed patient's treatment.
(c)  If outpatient treatment is recommended, the local mental health authority will also file a statement as to whether the proposed mental health services are available.
(d)  The hearing on an application may not be held before the recommendation for treatment is filed unless the court determines that an emergency exists.
(e)  This section does not relieve a county of its responsibility under other provisions of this subtitle to diagnose, care for, or treat persons with mental illness.
(f)  This section does not apply to a person for whom treatment in a private mental health facility is proposed.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 744, Sec. 3, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 367, Sec. 8, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter A. Application for Commitment and Prehearing Procedures › Section 574.0125. Identification of Person Responsible for Court-Ordered Outpatient Mental Health Services

Sec. 574.0125.  IDENTIFICATION OF PERSON RESPONSIBLE FOR COURT-ORDERED OUTPATIENT MENTAL HEALTH SERVICES.  Not later than the third day before the date of a hearing that may result in the judge ordering the patient to receive court-ordered outpatient mental health services, the judge shall identify the person the judge intends to designate to be responsible for those services under Section 574.037.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1170 (S.B. 646), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter A. Application for Commitment and Prehearing Procedures › Section 574.013. Liberty Pending Hearing

Sec. 574.013.  LIBERTY PENDING HEARING.  The proposed patient is entitled to remain at liberty pending the hearing on the application unless the person is detained under an appropriate provision of this subtitle.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter A. Application for Commitment and Prehearing Procedures › Section 574.014. Compilation of Mental Health Commitment Records

Sec. 574.014.  COMPILATION OF MENTAL HEALTH COMMITMENT RECORDS.  (a)  The clerk of each court with jurisdiction to order commitment under this chapter shall provide the Office of Court Administration each month with a report of the number of applications for commitment orders for involuntary mental health services filed with the court and the disposition of those cases, including the number of commitment orders for inpatient and outpatient mental health services.  The Office of Court Administration shall make the reported information available to the Health and Human Services Commission annually.
(b)  Subsection (a) does not require the production of confidential information or information protected under Section 571.015.
Added by Acts 1997, 75th Leg., ch. 744, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.35, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter B. Protective Custody › Section 574.021. Motion for Order of Protective Custody

Sec. 574.021.  MOTION FOR ORDER OF PROTECTIVE CUSTODY.  (a)  A motion for an order of protective custody may be filed only in the court in which an application for court-ordered mental health services is pending.
(b)  The motion may be filed by the county or district attorney or on the court's own motion.
(c)  The motion must state that:
(1)  the judge or county or district attorney has reason to believe and does believe that the proposed patient meets the criteria authorizing the court to order protective custody;  and
(2)  the belief is derived from:
(A)  the representations of a credible person;
(B)  the proposed patient's conduct;  or
(C)  the circumstances under which the proposed patient is found.
(d)  The motion must be accompanied by a certificate of medical examination for mental illness prepared by a physician who has examined the proposed patient not earlier than the third day before the day the motion is filed.
(e)  The judge of the court in which the application is pending may designate a magistrate to issue protective custody orders, including a magistrate appointed by the judge of another court if the magistrate has at least the qualifications required for a magistrate of the court in which the application is pending.  A magistrate's duty under this section is in addition to the magistrate's duties prescribed by other law.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 1278, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 202 (H.B. 518), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter B. Protective Custody › Section 574.022. Issuance of Order

Sec. 574.022.  ISSUANCE OF ORDER.  (a)  The judge or designated magistrate may issue a protective custody order if the judge or magistrate determines:
(1)  that a physician has stated the physician's opinion and the detailed reasons for the physician's opinion that the proposed patient is a person with mental illness; and
(2)  the proposed patient presents a substantial risk of serious harm to the proposed patient or others if not immediately restrained pending the hearing.
(b)  The determination that the proposed patient presents a substantial risk of serious harm may be demonstrated by the proposed patient's behavior or by evidence of severe emotional distress and deterioration in the proposed patient's mental condition to the extent that the proposed patient cannot remain at liberty.
(c)  The judge or magistrate may make a determination that the proposed patient meets the criteria prescribed by Subsection (a) from the application and certificate alone if the judge or magistrate determines that the conclusions of the applicant and certifying physician are adequately supported by the information provided.
(d)  The judge or magistrate may take additional evidence if a fair determination of the matter cannot be made from consideration of the application and certificate only.
(e)  The judge or magistrate may issue a protective custody order for a proposed patient who is charged with a criminal offense if the proposed patient meets the requirements of this section and the facility administrator designated to detain the proposed patient agrees to the detention.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1374, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter B. Protective Custody › Section 574.023. Apprehension Under Order

Sec. 574.023.  APPREHENSION UNDER ORDER.  (a)  A protective custody order shall direct a person authorized to transport patients under Section 574.045 to take the proposed patient into protective custody and transport the person immediately to a mental health facility deemed suitable by the local mental health authority for the area.  On request of the local mental health authority, the judge may order that the proposed patient be detained in an inpatient mental health facility operated by the department.
(b)  The proposed patient shall be detained in the facility until a hearing is held under Section 574.025.
(c)  A facility must comply with this section only to the extent that the commissioner determines that the facility has sufficient resources to perform the necessary services.
(d)  A person may not be detained in a private mental health facility without the consent of the facility administrator.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 1512, Sec. 4, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 367, Sec. 9, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter B. Protective Custody › Section 574.024. Appointment of Attorney

Sec. 574.024.  APPOINTMENT OF ATTORNEY.  (a)  When a protective custody order is signed, the judge or designated magistrate shall appoint an attorney to represent a proposed patient who does not have an attorney.
(b)  Within a reasonable time before a hearing is held under Section 574.025, the court that ordered the protective custody shall provide to the proposed patient and the proposed patient's attorney a written notice that states:
(1)  that the proposed patient has been placed under a protective custody order;
(2)  the grounds for the order;  and
(3)  the time and place of the hearing to determine probable cause.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter B. Protective Custody › Section 574.025. Probable Cause Hearing

Sec. 574.025.  PROBABLE CAUSE HEARING.  (a)  A hearing must be held to determine if:
(1)  there is probable cause to believe that a proposed patient under a protective custody order presents a substantial risk of serious harm to the proposed patient or others to the extent that the proposed patient cannot be at liberty pending the hearing on court-ordered mental health services; and
(2)  a physician has stated the physician's opinion and the detailed reasons for the physician's opinion that the proposed patient is a person with mental illness.
(b)  The hearing must be held not later than 72 hours after the time that the proposed patient was detained under a 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 each day for an additional 24 hours if the judge or magistrate declares that an extreme emergency exists because of extremely hazardous weather conditions or the occurrence of a disaster that threatens the safety of the proposed patient or another essential party to the hearing.
(c)  The hearing shall be held before a magistrate or, at the discretion of the presiding judge, before an associate judge appointed by the presiding judge.  Notwithstanding any other law or requirement, an associate judge appointed to conduct a hearing under this section may practice law in the court the associate judge serves.  The associate judge is entitled to reasonable compensation.
(d)  The proposed patient and the proposed patient's attorney shall have an opportunity at the hearing to appear and present evidence to challenge the allegation that the proposed patient presents a substantial risk of serious harm to himself or others.
(e)  The magistrate or associate judge may consider evidence, including letters, affidavits, and other material, that may not be admissible or sufficient in a subsequent commitment hearing.
(f)  The state may prove its case on the physician's certificate of medical examination filed in support of the initial motion.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 101, Sec. 1, eff. May 16, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 334 (H.B. 890), Sec. 4, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1375, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter B. Protective Custody › Section 574.026. Order for Continued Detention

Sec. 574.026.  ORDER FOR CONTINUED DETENTION.  (a)  The magistrate or associate judge shall order that a proposed patient remain in protective custody if the magistrate or associate judge determines after the hearing that an adequate factual basis exists for probable cause to believe that the proposed patient presents a substantial risk of serious harm to himself or others to the extent that he cannot remain at liberty pending the hearing on court-ordered mental health services.
(b)  The magistrate or associate judge shall arrange for the proposed patient to be returned to the mental health facility or other suitable place, along with copies of the certificate of medical examination, any affidavits or 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 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
(attorney)
proposed patient was placed under an order of protective custody and the reasons for such order on ___________________.
(date of notice)
I have examined the certificate of medical examination for mental
illness and ___________________________________________. Based on
(other evidence considered)
this evidence, I find that there is probable cause to believe that the proposed patient presents a substantial risk of serious harm to the proposed patient (yes ___ or no ___) or others (yes ___ or no ___) such that the proposed patient cannot be at liberty pending final hearing because
________________________________________________________________
_______________________________________________________________.
(reasons for finding; type of risk found)
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 334 (H.B. 890), Sec. 5, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1376, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter B. Protective Custody › Section 574.027. Detention in Protective Custody

Sec. 574.027.  DETENTION IN PROTECTIVE CUSTODY.  (a)  A person under a protective custody order shall be detained in a mental health facility deemed suitable by the local mental health authority for the area.  On request of the local mental health authority, the judge may order that the proposed patient be detained in an inpatient mental health facility operated by the department.
(b)  The facility administrator or the administrator's designee shall detain a person under a protective custody order in the facility until a final order for court-ordered mental health services is entered or the person is released or discharged under Section 574.028.
(c)  A person under a protective custody order may not be detained in a nonmedical facility used to detain persons who are charged with or convicted of a crime except because of and during an extreme emergency and in no case for longer than 72 hours, excluding Saturdays, Sundays, legal holidays, and the period prescribed by Section 574.025(b) for an extreme emergency.  The person must be isolated from any person who is charged with or convicted of a crime.
(d)  The county health authority shall ensure that proper care and medical attention are made available to a person who is detained in a nonmedical facility under Subsection (c).
(e)  Repealed by Acts 2001, 77th Leg., ch. 367, Sec. 19, eff. Sept. 1, 2001.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 367, Sec. 10, 19, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter B. Protective Custody › Section 574.028. Release From Detention

Sec. 574.028.  RELEASE FROM DETENTION.  (a)  The magistrate or associate judge shall order the release of a person under a protective custody order if the magistrate or associate judge determines after the hearing under Section 574.025 that no probable cause exists to believe that the proposed patient 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 of the person's apprehension;
(2)  the person's residence in this state;  or
(3)  another suitable location.
(c)  A facility administrator shall discharge a person held under a protective custody order if:
(1)  the facility administrator does not receive notice that the person's continued detention is authorized after a probable cause hearing held within 72 hours after the detention began, excluding Saturdays, Sundays, legal holidays, and the period prescribed by Section 574.025(b) for extreme emergencies;
(2)  a final order for court-ordered mental health services has not been entered within the time prescribed by Section 574.005;  or
(3)  the facility administrator or the administrator's designee determines that the person no longer meets the criteria for protective custody prescribed by Section 574.022.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 334 (H.B. 890), Sec. 6, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter C. Proceedings for Court-Ordered Mental Health Services › Section 574.032. Right to Jury

Sec. 574.032.  RIGHT TO JURY.  (a)  A hearing for temporary mental health services must be before the court unless the proposed patient or the proposed patient's attorney requests a jury.
(b)  A hearing for extended mental health services must be before a jury unless the proposed patient or the proposed patient'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 and sworn to by the proposed patient and the proposed patient's attorney unless the proposed patient or the attorney orally waives the right to a jury in the court's presence.
(d)  The court may permit an oral or written waiver of the right to a jury to be withdrawn for good cause shown.  The withdrawal must be made not later than the eighth day before the date on which the hearing is scheduled.
(e)  A court may not require a jury fee.
(f)  In a hearing before a jury, the jury shall determine if the proposed patient is a person with mental illness and meets the criteria for court-ordered mental health services.  The jury may not make a finding about the type of services to be provided to the proposed patient.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1377, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle C - Texas Mental Health Code › Chapter 574 - Court-Ordered Mental Health Services › Subchapter C. Proceedings for Court-Ordered Mental Health Services › Section 574.033. Release After Hearing

Sec. 574.033.  RELEASE AFTER HEARING.  (a)  The court shall enter an order denying an application for court-ordered temporary or extended mental health services if after a hearing the court or jury fails to find, from clear and convincing evidence, that the proposed patient is a person with mental illness and meets the applicable criteria for court-ordered mental health services.
(b)  If the court denies the application, the court shall order the immediate release of a proposed patient who is not at liberty.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1378, eff. April 2, 2015.