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2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
CHAPTER 574. COURT-ORDERED MENTAL HEALTH SERVICES

HEALTH AND SAFETY CODE

TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION

SUBTITLE C. TEXAS MENTAL HEALTH CODE

CHAPTER 574. COURT-ORDERED MENTAL HEALTH SERVICES

SUBCHAPTER A. APPLICATION FOR COMMITMENT AND PREHEARING

PROCEDURES

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.

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 Youth Commission may be filed in the

county in which the child's commitment to the commission 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.

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 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.

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 mentally ill and

meets the criteria in Section 574.034 or 574.035 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Sec. 574.0085. ASSOCIATE JUDGES. (a) The county judge may

appoint a full-time or a part-time associate judge to preside

over the proceedings for court-ordered mental health services if

the commissioners court of a county in which the court has

jurisdiction authorizes the employment of an associate judge.

(b) To be eligible for appointment as an associate judge, a

person must be a resident of this state and have been licensed to

practice law in this state for at least four years or be a

retired county judge, statutory or constitutional, with at least

10 years of service.

commissioners court of the county in which the associate judge

serves. If an associate judge serves in more than one county,

the associate judge shall be paid as determined by agreement of

the commissioners courts of the counties in which the associate

judge serves. The associate judge may be paid from county funds

available for payment of officers' salaries.

(d) An associate judge who serves a single court serves at the

will of the judge of that court. The services of an associate

judge who serves more than two courts may be terminated by a

majority vote of all the judges of the courts the associate judge

serves. The services of an associate judge who serves two courts

may be terminated by either of the judges of the courts the

associate judge serves.

(e) To refer cases to an associate judge, the referring court

must issue an order of referral. The order of referral may limit

the power or duties of an associate judge.

(f) Except as limited by an order of referral, an associate

judge appointed under this section has all the powers and duties

set forth in Section 201.007, Family Code.

(g) A bailiff may attend a hearing held by an associate judge if

directed by the referring court.

(h) A witness appearing before an associate judge is subject to

the penalties for perjury provided by law. A referring court may

issue attachment against and may fine or imprison a witness whose

failure to appear before an associate judge after being summoned

or whose refusal to answer questions has been certified to the

court.

(i) At the conclusion of any hearing conducted by an associate

judge and on the preparation of an associate judge's report, the

associate judge shall transmit to the referring court all papers

relating to the case, with the associate judge's signed and dated

report. After the associate judge's report has been signed, the

associate judge shall give to the parties participating in the

hearing notice of the substance of the report. The associate

judge's report may contain the associate judge's findings,

conclusions, or recommendations. The associate judge's report

must be in writing in a form as the referring court may direct.

The form may be a notation on the referring court's docket sheet.

After the associate judge's report is filed, the referring court

may adopt, approve, or reject the associate judge's report, hear

further evidence, or recommit the matter for further proceedings

as the referring court considers proper and necessary in the

particular circumstances of the case.

(j) If a jury trial is demanded or required, the associate judge

shall refer the entire matter back to the referring court for

trial.

(k) An associate judge appointed under this section has the

judicial immunity of a county judge.

(l) An associate judge appointed in accordance with this section

shall comply with the Code of Judicial Conduct in the same manner

as the county judge.

Added by Acts 1993, 73rd Leg., ch. 107, Sec. 6.47, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 770, Sec. 6, eff. June

16, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 7.45, eff. Sept. 1,

1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

334, Sec. 3, eff. September 1, 2009.

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.

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.

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.

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 mentally ill; and

(B) as a result of that illness the examined person is likely to

cause serious harm to himself or to others or is:

(i) suffering severe and abnormal mental, emotional, or physical

distress;

(ii) experiencing substantial mental or physical deterioration

of his 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.

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.

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.

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.

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.

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 department 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.

SUBCHAPTER B. 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.

(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

(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, Sec. 2, eff. September 1, 2007.

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 his opinion and the detailed

reasons for his opinion that the proposed patient is mentally

ill; and

(2) the proposed patient presents a substantial risk of serious

harm to himself 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.

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.

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.

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.

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.

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 himself or others to the extent that he cannot be

at liberty pending the hearing on court-ordered mental health

services; and

(2) a physician has stated his opinion and the detailed reasons

for his opinion that the proposed patient is mentally ill.

(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.

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, Sec. 4, eff. September 1, 2009.

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).

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 __________, 19___, 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 (s)he presents a substantial risk

of serious harm to self or others.

The proposed patient and his attorney _____________ have been

(attorney)

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 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 himself (yes ___ or no ___) or others (yes ___ or no ___)

such that (s)he 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, Sec. 5, eff. September 1, 2009.

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.

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.

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.

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;

(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, Sec. 6, eff. September 1, 2009.

SUBCHAPTER C. PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH

SERVICES

Sec. 574.031. GENERAL PROVISIONS RELATING TO HEARING. (a)

Except as provided by Subsection (b), the judge may hold a

hearing on an application for court-ordered mental health

services 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 proposed patient.

(b) On the request of the proposed patient or the proposed

patient's attorney the hearing on the application shall be held

in the county courthouse.

hearing. The proposed patient or the proposed patient's attorney

may waive this right.

(d) The hearing must be open to the public unless the proposed

patient or the proposed patient's attorney requests that the

hearing be closed and the judge determines that there is good

cause to close the hearing.

(e) The Texas Rules of Evidence apply to the hearing unless the

rules are inconsistent with this subtitle.

(f) The court may consider the testimony of a nonphysician

mental health professional in addition to medical or psychiatric

testimony.

(g) The hearing is on the record, and the state must prove each

element of the applicable criteria by clear and convincing

evidence.

(h) A judge who holds a hearing under this section in hospitals

or locations other than the county courthouse is entitled to be

reimbursed for the judge's reasonable and necessary expenses

related to holding a hearing at that location. The judge shall

furnish the presiding judge of the statutory probate courts or

the presiding judge of the administrative region, as appropriate,

an accounting of the expenses for certification. The presiding

judge shall provide a certification of expenses approved to the

county judge responsible for payment of costs under Section

571.018.

(i) A judge who holds hearings at locations other than the

county courthouse also may receive a reasonable salary supplement

in an amount set by the commissioners court.

(j) Notwithstanding other law, a judge who holds a hearing under

this section may assess for the judge's services a fee in an

amount not to exceed $50 as a court cost against the county

responsible for the payment of the costs of the hearing under

Section 571.018.

(k) Notwithstanding other law, a judge who holds a hearing under

this section may assess for the services of a prosecuting

attorney a fee in an amount not to exceed $50 as a court cost

against the county responsible for the payment of the costs of

the hearing under Section 571.018. For a mental health

proceeding, the fee assessed under this subsection includes costs

incurred for the preparation of documents related to the

proceeding. The court may award as court costs fees for other

costs of a mental health proceeding against the county

responsible for the payment of the costs of the hearing under

Section 571.018.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 1354, Sec. 1, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1252, Sec. 1, eff. Sept.

1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 10.006, eff. Sept.

1, 2001.

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.

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 mentally ill 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.

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 mentally ill 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.

Sec. 574.034. ORDER FOR TEMPORARY MENTAL HEALTH SERVICES. (a)

The judge may order a proposed patient to receive court-ordered

temporary inpatient mental health services only if the judge or

jury finds, from clear and convincing evidence, that:

(1) the proposed patient is mentally ill; and

(2) as a result of that mental illness the proposed patient:

(A) is likely to cause serious harm to himself;

(B) is likely to cause serious harm to others; or

(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) unable to make a rational and informed decision as to

whether or not to submit to treatment.

(b) The judge may order a proposed patient to receive

court-ordered temporary outpatient mental health services only

if:

(1) the judge finds that appropriate mental health services are

available to the patient; and

(2) the judge or jury finds, from clear and convincing evidence,

that:

(A) the proposed patient is mentally ill;

(B) the nature of the mental illness is severe and persistent;

will, if not treated, continue to:

(i) suffer severe and abnormal mental, emotional, or physical

distress; and

(ii) experience deterioration of the ability to function

independently to the extent that the proposed patient will be

unable to live safely in the community without court-ordered

outpatient mental health services; and

(D) the proposed patient has an inability to participate in

outpatient treatment services effectively and voluntarily,

demonstrated by:

(i) any of the proposed patient's actions occurring within the

two-year period which immediately precedes the hearing; or

(ii) specific characteristics of the proposed patient's clinical

condition that make impossible a rational and informed decision

whether to submit to voluntary outpatient treatment.

the commitment criteria prescribed by Subsection (a), the judge

or jury must specify which criterion listed in Subsection (a)(2)

forms the basis for the decision.

(d) To be clear and convincing under Subsection (a), the

evidence must include expert testimony and, unless waived,

evidence of a recent overt act or a continuing pattern of

behavior that tends to confirm:

(1) the likelihood of serious harm to the proposed patient or

others; or

(2) the proposed patient's distress and the deterioration of the

proposed patient's ability to function.

(e) To be clear and convincing under Subdivision (b)(2), the

evidence must include expert testimony and, unless waived,

evidence of a recent overt act or a continuing pattern of

behavior that tends to confirm:

(1) the proposed patient's distress;

(2) the deterioration of ability to function independently to

the extent that the proposed patient will be unable to live

safely in the community; and

(3) the proposed patient's inability to participate in

outpatient treatment services effectively and voluntarily.

(f) The proposed patient and the proposed patient's attorney, by

a written document filed with the court, may waive the right to

cross-examine witnesses, and, if that right is waived, the court

may admit, as evidence, the certificates of medical examination

for mental illness. The certificates admitted under this

subsection constitute competent medical or psychiatric testimony,

and the court may make its findings solely from the certificates.

If the proposed patient and the proposed patient's attorney do

not waive in writing the right to cross-examine witnesses, the

court shall proceed to hear testimony. The testimony must include

competent medical or psychiatric testimony. In addition, the

court may consider the testimony of a nonphysician mental health

professional as provided by Section 574.031(f).

(g) An order for temporary inpatient or outpatient mental health

services shall state that treatment is authorized for not longer

than 90 days. The order may not specify a shorter period.

(h) A judge may not issue an order for temporary inpatient or

outpatient mental health services for a proposed patient who is

charged with a criminal offense that involves an act, attempt, or

threat of serious bodily injury to another person.

(i) A judge may advise, but may not compel, the proposed patient

to:

(1) receive treatment with psychoactive medication as specified

by the outpatient mental health services treatment plan;

(2) participate in counseling; and

(3) refrain from the use of alcohol or illicit drugs.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.49, eff.

Aug. 30, 1993; Acts 1995, 74th Leg., ch. 770, Sec. 7, eff. June

16, 1995; Acts 1997, 75th Leg., ch. 744, Sec. 5, eff. Sept. 1,

1997.

Sec. 574.035. ORDER FOR EXTENDED MENTAL HEALTH SERVICES. (a)

The judge may order a proposed patient to receive court-ordered

extended inpatient mental health services only if the jury, or

the judge if the right to a jury is waived, finds, from clear and

convincing evidence, that:

(1) the proposed patient is mentally ill;

(2) as a result of that mental illness the proposed patient:

(A) is likely to cause serious harm to himself;

(B) is likely to cause serious harm to others; or

(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) unable to make a rational and informed decision as to

whether or not to submit to treatment;

(3) the proposed patient's condition is expected to continue for

more than 90 days; and

(4) the proposed patient has received court-ordered inpatient

mental health services under this subtitle or under Chapter 46B,

Code of Criminal Procedure, for at least 60 consecutive days

during the preceding 12 months.

(b) The judge may order a proposed patient to receive

court-ordered extended outpatient mental health services only if:

(1) the judge finds that appropriate mental health services are

available to the patient; and

(2) the jury, or the judge if the right to a jury is waived,

finds from clear and convincing evidence that:

(A) the proposed patient is mentally ill;

(B) the nature of the mental illness is severe and persistent;

will, if not treated, continue to:

(i) suffer severe and abnormal mental, emotional, or physical

distress; and

(ii) experience deterioration of the ability to function

independently to the extent that the proposed patient will be

unable to live safely in the community without court-ordered

outpatient mental health services;

(D) the proposed patient has an inability to participate in

outpatient treatment services effectively and voluntarily,

demonstrated by:

(i) any of the proposed patient's actions occurring within the

two-year period which immediately precedes the hearing; or

(ii) specific characteristics of the proposed patient's clinical

condition that make impossible a rational and informed decision

whether to submit to voluntary outpatient treatment;

(E) the proposed patient's condition is expected to continue for

more than 90 days; and

(F) the proposed patient 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.

the commitment criteria prescribed by Subsection (a), the jury or

judge must specify which criterion listed in Subsection (a)(2)

forms the basis for the decision.

(d) The jury or judge is not required to make the finding under

Subsection (a)(4) or (b)(2)(F) if the proposed patient has

already been subject to an order for extended mental health

services.

(e) To be clear and convincing under Subsection (a), the

evidence must include expert testimony and evidence of a recent

overt act or a continuing pattern of behavior that tends to

confirm:

(1) the likelihood of serious harm to the proposed patient or

others; or

(2) the proposed patient's distress and the deterioration of the

proposed patient's ability to function.

(f) To be clear and convincing under Subdivision (b)(2), the

evidence must include expert testimony and evidence of a recent

overt act or a continuing pattern of behavior that tends to

confirm:

(1) the proposed patient's distress;

(2) the deterioration of ability to function independently to

the extent that the proposed patient will be unable to live

safely in the community; and

(3) the proposed patient's inability to participate in

outpatient treatment services effectively and voluntarily.

(g) The court may not make its findings solely from the

certificates of medical examination for mental illness but shall

hear testimony. The court may not enter an order for extended

mental health services unless appropriate findings are made and

are supported by testimony taken at the hearing. The testimony

must include competent medical or psychiatric testimony.

(h) An order for extended inpatient or outpatient mental health

services shall state that treatment is authorized for not longer

than 12 months. The order may not specify a shorter period.

(i) A judge may not issue an order for extended inpatient or

outpatient mental health services for a proposed patient who is

charged with a criminal offense that involves an act, attempt, or

threat of serious bodily injury to another person.

(j) A judge may advise, but may not compel, the proposed patient

to:

(1) receive treatment with psychoactive medication as specified

by the outpatient mental health services treatment plan;

(2) participate in counseling; and

(3) refrain from the use of alcohol or illicit drugs.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 770, Sec. 8, eff. June

16, 1995; Acts 1997, 75th Leg., ch. 312, Sec. 5, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 744, Sec. 6, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 238, Sec. 1, eff. May 28, 1999; Acts

2003, 78th Leg., ch. 35, Sec. 12, eff. Jan. 1, 2004.

Sec. 574.036. ORDER OF CARE OR COMMITMENT. (a) The judge shall

dismiss the jury, if any, after a hearing in which a person is

found to be mentally ill and to meet the criteria for

court-ordered temporary or extended mental health services.

(b) The judge may hear additional evidence relating to

alternative settings for care before entering an order relating

to the setting for the care the person will receive.

the recommendation for the most appropriate treatment alternative

filed under Section 574.012.

(d) The judge shall order the mental health services provided in

the least restrictive appropriate setting available.

(e) The judge may enter an order:

(1) committing the person to a mental health facility for

inpatient care if the trier of fact finds that the person meets

the commitment criteria prescribed by Section 574.034(a) or

574.035(a); or

(2) committing the person to outpatient mental health services

if the trier of fact finds that the person meets the commitment

criteria prescribed by Section 574.034(b) or 574.035(b).

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 744, Sec. 7, eff.

Sept. 1, 1997.

Sec. 574.037. COURT-ORDERED OUTPATIENT SERVICES. (a) The

court, in an order that directs a patient to participate in

outpatient mental health services, shall identify a person who is

responsible for those services. The person identified must be the

facility administrator or an individual involved in providing

court-ordered outpatient services. A person may not be designated

as responsible for the ordered services without the person's

consent unless the person is the facility administrator of a

department facility or the facility administrator of a community

center that provides mental health services in the region in

which the committing court is located.

(b) The person responsible for the services shall submit to the

court within two weeks after the court enters the order a general

program of the treatment to be provided. The program must be

incorporated into the court order.

court of:

(1) the patient's failure to comply with the court order; and

(2) 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 mental health

facility has sufficient resources to perform the necessary

services.

(e) A patient 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.

SUBCHAPTER D. DESIGNATION OF FACILITY AND TRANSPORTATION OF

PATIENT

Sec. 574.041. DESIGNATION OF FACILITY. (a) In an order for

temporary or extended mental health services specifying inpatient

care, the court shall commit the patient to a designated

inpatient mental health facility. The court shall commit the

patient to:

(1) a mental health facility deemed suitable by the local mental

health authority for the area;

(2) a private mental hospital under Section 574.042;

(3) a hospital operated by a federal agency under Section

574.043; or

(4) an inpatient mental health facility of the Texas Department

of Criminal Justice under Section 574.044.

(b) On request of the local mental health authority, the judge

may commit the patient directly to an inpatient mental health

facility operated by the department.

health facility operated by a community center or other entity

designated by the department to provide mental health services

unless the facility is licensed under Chapter 577 and the court

notifies the local mental health authority serving the region in

which the commitment is made.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1999, 76th Leg., ch. 543, Sec. 3, eff. June

18, 1999; Acts 2001, 77th Leg., ch. 367, Sec. 11, eff. Sept. 1,

2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.108, eff. September 1, 2009.

Sec. 574.0415. INFORMATION ON MEDICATIONS. (a) A mental health

facility shall provide to a patient in the patient's primary

language, if possible, and in accordance with board rules

information relating to prescription medication ordered by the

patient's treating physician.

(b) The facility shall also provide the information to the

patient's family on request, but only to the extent not otherwise

prohibited by state or federal confidentiality laws.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.05, eff. May 1,

1994. Amended by Acts 1997, 75th Leg., ch. 337, Sec. 3, eff. May

27, 1997.

Sec. 574.042. COMMITMENT TO PRIVATE FACILITY. The court may

order a patient committed to a private mental hospital at no

expense to the state if the court receives:

(1) an application signed by the patient or the patient's

guardian or next friend requesting that the patient be placed in

a designated private mental hospital at the patient's or

applicant's expense; and

(2) written agreement from the hospital administrator of the

private mental hospital to admit the patient and to accept

responsibility for the patient in accordance with this subtitle.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 574.043. COMMITMENT TO FEDERAL FACILITY. (a) A court may

order a patient committed to a federal agency that operates a

mental hospital if the court receives written notice from the

agency that facilities are available and that the patient is

eligible for care or treatment in a facility. The court may place

the patient in the agency's custody for transportation to the

mental hospital.

(b) A patient admitted under court order to a hospital operated

by a federal agency, regardless of location, is subject to the

agency's rules.

responsibility with respect to the patient as the facility

administrator of an inpatient mental health facility operated by

the department.

(d) The appropriate courts of this state retain jurisdiction to

inquire at any time into the patient's mental condition and the

necessity of the patient's continued hospitalization.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 2001, 77th Leg., ch. 367, Sec. 12, eff.

Sept. 1, 2001.

Sec. 574.044. COMMITMENT TO FACILITY OF TEXAS DEPARTMENT OF

CRIMINAL JUSTICE. The court shall commit an inmate patient to an

inpatient mental health facility of the Texas Department of

Criminal Justice if the court enters an order requiring temporary

mental health services for the inmate patient under an

application filed by a psychiatrist under Section 501.057,

Government Code.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.50, eff.

Aug. 30, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.109, eff. September 1, 2009.

Sec. 574.045. TRANSPORTATION OF PATIENT. (a) The court may

authorize the transportation of a committed patient or a patient

detained under Section 573.022 or 574.023 to the designated

mental health facility by:

(1) a relative or other responsible person who has a proper

interest in the patient's welfare and who receives no

remuneration, except for actual and necessary expenses;

(2) the facility administrator of the designated mental health

facility, if the administrator notifies the court that facility

personnel are available to transport the patient;

(3) a special officer for mental health assignment certified

under Section 1701.404, Occupations Code;

(4) a representative of the local mental health authority, who

shall be reimbursed by the county; or

(5) the sheriff or constable, if no person is available under

Subdivision (1), (2), (3), or (4).

(b) The court shall require appropriate medical personnel to

accompany the person transporting the patient if there is

reasonable cause to believe that the patient will require medical

assistance or the administration of medication during the

transportation. The payment of an expense incurred under this

subsection is governed by Section 571.018.

patient at their own expense.

(d) A female patient must be accompanied by a female attendant

unless the patient is accompanied by her father, husband, or

adult brother or son.

(e) The patient may not be transported in a marked police or

sheriff's car or accompanied by a uniformed officer unless other

means are not available.

(f) The patient may not be transported with a state prisoner.

(g) The patient may not be physically restrained unless

necessary to protect the health and safety of the patient or of a

person traveling with the patient. If the treating physician or

the person transporting a patient determines that physical

restraint of the patient is necessary, that person shall document

the reasons for that determination and the duration for which the

restraints are needed. The person transporting the patient shall

deliver the document to the facility at the time the patient is

delivered. The facility shall include the document in the

patient's clinical record.

(h) The patient must be transported directly to the facility

within a reasonable amount of time and without undue delay.

(i) All vehicles used to transport patients under this section

must be adequately heated in cold weather and adequately

ventilated in warm weather.

(j) Special diets or other medical precautions recommended by

the patient's physician must be followed.

(k) The person transporting the patient shall give the patient

reasonable opportunities to get food and water and to use a

bathroom.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec.

5.20, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 60, Sec. 20,

eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1512, Sec. 5, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.804, eff.

Sept. 1, 2001.

Sec. 574.046. WRIT OF COMMITMENT. The court shall direct the

court clerk to issue to the person authorized to transport the

patient two writs of commitment requiring the person to take

custody of and transport the patient to the designated mental

health facility.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 574.047. TRANSCRIPT. (a) The court clerk shall prepare a

certified transcript of the proceedings in the hearing on

court-ordered mental health services.

(b) The clerk shall send the transcript and any available

information relating to the medical, social, and economic status

and history of the patient and the patient's family to the

designated mental health facility with the patient. The person

authorized to transport the patient shall deliver the transcript

and information to the facility personnel in charge of

admissions.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 574.048. ACKNOWLEDGMENT OF PATIENT DELIVERY. The facility

administrator, after receiving a copy of the writ of commitment

and after admitting the patient, shall:

(1) give the person transporting the patient a written statement

acknowledging acceptance of the patient and of any personal

property belonging to the patient; and

(2) file a copy of the statement with the clerk of the

committing court.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

SUBCHAPTER E. POST-COMMITMENT PROCEEDINGS

Sec. 574.061. MODIFICATION OF ORDER FOR INPATIENT TREATMENT.

(a) The facility administrator of a facility to which a patient

is committed for inpatient mental health services may request the

court that entered the commitment order to modify the order to

require the patient to participate in outpatient mental health

services.

(b) The facility administrator's request must explain in detail

the reason for the request. The request must be accompanied by a

certificate of medical examination for mental illness signed by a

physician who examined the patient during the seven days

preceding the request.

(d) On request of the patient or any other interested person,

the court shall hold a hearing on the request. The court shall

appoint an attorney to represent the patient at the hearing. The

hearing shall be held before the court without a jury and as

prescribed by Section 574.031. The patient shall be represented

by an attorney and receive proper notice.

(e) If a hearing is not requested, the court may make the

decision solely from the request and the supporting certificate.

(f) If the court modifies the order, the court shall identify a

person to be responsible for the outpatient services as

prescribed by Section 574.037.

(g) The person responsible for the services must comply with

Section 574.037(b).

(h) A modified order may not extend beyond the term of the

original order.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 574.062. MOTION FOR MODIFICATION OF ORDER FOR OUTPATIENT

TREATMENT. (a) The court that entered an order directing a

patient to participate in outpatient mental 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, at the request of the person

responsible for the treatment, or at the request of any other

interested person.

(b) The court shall appoint an attorney to represent the patient

if a hearing is scheduled. The patient shall be given notice of

the matters to be considered at the hearing. The notice must

comply with the requirements of Section 574.006 for notice before

a hearing on court-ordered mental health services.

and as prescribed by Section 574.031. The patient shall be

represented by an attorney and receive proper notice.

(d) The court shall set a date for a hearing on the motion to be

held not later than the seventh day after the date the motion is

filed. 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. Except as provided by Subsection (e),

the court shall hold the hearing not later than the 14th day

after the date the motion is filed.

(e) 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 court, by written

order made each day, may postpone the hearing for not more than

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. Amended by Acts 1997, 75th Leg., ch. 191, Sec. 1, eff.

Sept. 1, 1997.

Sec. 574.063. ORDER FOR TEMPORARY DETENTION. (a) The person

responsible for a patient's court-ordered outpatient treatment or

the facility administrator of the outpatient facility in which a

patient receives treatment may file a sworn application for the

patient's temporary detention pending the modification hearing

under Section 574.062.

(b) The application must state the applicant's opinion and

detail the reasons for the applicant's opinion that:

(1) the patient meets the criteria described by Section

574.065(a); and

(2) detention in an inpatient mental health facility is

necessary to evaluate the appropriate setting for continued

court-ordered services.

modification hearing is set and the court finds from the

information in the application that there is probable cause to

believe that the opinions stated in the application are valid.

(d) At the time the temporary detention order is signed, the

judge shall appoint an attorney to represent a patient who does

not have an attorney.

(e) Within 24 hours after the time detention begins, the court

that issued the temporary detention order shall provide to the

patient and the patient's attorney a written notice that states:

(1) that the patient has been placed under a temporary detention

order;

(2) the grounds for the order; and

(3) the time and place of the modification hearing.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 574.064. APPREHENSION AND RELEASE UNDER TEMPORARY DETENTION

ORDER. (a) A temporary detention order shall direct a peace

officer or other designated person to take the patient into

custody and transport the patient immediately to:

(1) the nearest appropriate inpatient mental health facility; or

(2) a mental health facility deemed suitable by the local mental

health authority for the area, if an appropriate inpatient mental

health facility is not available.

(b) A patient may be detained under a temporary detention order

for more than 72 hours, excluding Saturdays, Sundays, legal

holidays, and the period prescribed by Section 574.025(b) for an

extreme emergency only if, after a hearing held before the

expiration of that period, the court, a magistrate, or a

designated associate judge finds that there is probable cause to

believe that:

(1) the patient meets the criteria described by Section

574.065(a); and

(2) detention in an inpatient mental health facility is

necessary to evaluate the appropriate setting for continued

court-ordered services.

may be detained under the temporary detention until the hearing

set under Section 574.062 is completed.

(d) A facility administrator shall immediately release a patient

held under a temporary detention order if the facility

administrator does not receive notice that the patient's

continued detention is authorized:

(1) after a probable cause hearing held within 72 hours after

the patient's detention begins; or

(2) after a modification hearing held within the period

prescribed by Section 574.062.

(e) A patient released from an inpatient mental health facility

under Subsection (d) continues to be subject to the order for

court-ordered outpatient services, if the order has not expired.

(f) A person detained under this section may not be detained in

a nonmedical facility used to detain persons charged with or

convicted of a crime.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 191, Sec. 2, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 367, Sec. 13, eff. Sept.

1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

334, Sec. 7, eff. September 1, 2009.

Sec. 574.065. 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 patient meets the applicable criteria for court-ordered

mental health services prescribed by Section 574.034(a) or

574.035(a).

(b) The court may refuse to modify the order and may direct the

patient to continue to participate in outpatient mental health

services in accordance with the original order even if the

criteria prescribed by Subsection (a) have been met.

at least one certificate of medical examination for mental

illness signed by a physician who examined the patient not

earlier than the seventh day before the date on which the hearing

is held.

(d) A modification may include:

(1) incorporating in the order a revised treatment program and

providing for continued outpatient mental 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 commitment to an inpatient mental health

facility.

(e) A court may not extend the provision of mental health

services beyond the period prescribed in the original order.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 744, Sec. 8, eff.

Sept. 1, 1997.

Sec. 574.066. RENEWAL OF ORDER FOR EXTENDED MENTAL HEALTH

SERVICES. (a) A county or district attorney or other adult may

file an application to renew an order for extended mental health

services.

(b) The application must explain in detail why the person

requests renewal. An application to renew an order committing the

patient to extended inpatient mental health services must also

explain in detail why a less restrictive setting is not

appropriate.

medical examination for mental illness signed by physicians who

examined the patient during the 30 days preceding the date on

which the application is filed.

(d) The court shall appoint an attorney to represent the patient

when an application is filed.

(e) The patient, the patient's attorney, or other individual 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

court-ordered extended mental health services.

(f) A court may not renew an order unless the court finds that

the patient meets the criteria for extended mental health

services prescribed by Sections 574.035(a)(1), (2), and (3). 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) If a hearing is not requested or set, the court may admit

into evidence the certificates of medical examination for mental

illness. The certificates constitute competent medical or

psychiatric testimony and the court may make its findings solely

from the certificates and the detailed request for renewal.

(h) The court, after renewing an order for extended inpatient

mental health services, may modify the order to provide for

outpatient mental health services in accordance with Section

574.037.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 574.067. MOTION FOR REHEARING. (a) The court may set

aside an order requiring court-ordered mental health services and

grant a motion for rehearing for good cause shown.

(b) Pending the hearing, the court may:

(1) stay the court-ordered mental health services and release

the proposed patient from custody before the hearing if the court

is satisfied that the proposed patient does not meet the criteria

for protective custody under Section 574.022; and

(2) if the proposed patient is at liberty, require an appearance

bond in an amount set by the court.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 574.068. REQUEST FOR REEXAMINATION. (a) A patient

receiving court-ordered extended mental health services, or any

interested person on the patient's behalf and with the patient's

consent, may file a request with a court for a reexamination and

a hearing to determine if the patient continues to meet the

criteria for the services.

(b) The request must be filed in the county in which the patient

is receiving the services.

(1) require that the patient be reexamined;

(2) schedule a hearing on the request; and

(3) notify the facility administrator of the facility providing

mental health services to the patient.

(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 mental health services is entered or after a similar

request is filed.

(e) After receiving the court's notice, the facility

administrator shall arrange for the patient to be reexamined.

(f) The facility administrator or the administrator's qualified

authorized designee shall immediately discharge the patient if

the facility administrator or designee determines that the

patient no longer meets the criteria for court-ordered extended

mental health services.

(g) If the facility administrator or the administrator's

designee determines that the patient continues to meet the

criteria for court-ordered extended mental health services, the

facility administrator or designee shall file a certificate of

medical examination for mental illness with the court within 10

days after the date on which the request for reexamination and

hearing is filed.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 574.069. HEARING ON REQUEST FOR REEXAMINATION. (a) A

court that required a patient's reexamination under Section

574.068 may set a date and place for a hearing on the request if,

not later than the 10th day after the date on which the request

is filed:

(1) a certificate of medical examination for mental illness

stating that the patient continues to meet the criteria for

court-ordered extended mental health services has been filed; or

(2) a certificate has not been filed and the patient has not

been discharged.

(b) At the time the hearing is set, the judge shall:

(1) appoint an attorney to represent a patient who does not have

an attorney; and

(2) give notice of the hearing to the patient, the patient's

attorney, and the facility administrator.

and file a certificate of medical examination for mental illness

with the court. The judge shall appoint a physician who is not on

the staff of the mental health facility in which the patient is

receiving services and who is a psychiatrist if a psychiatrist is

available in the county. The court shall ensure that the patient

may be examined by a physician of the patient's choice and at the

patient's own expense if requested by the patient.

(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 court-ordered mental health

services.

(e) The court shall dismiss the request if the court finds from

clear and convincing evidence that the patient continues to meet

the criteria for court-ordered extended mental health services

prescribed by Section 574.035.

(f) The judge shall order the facility administrator to

discharge the patient if the court fails to find from clear and

convincing evidence that the patient continues to meet the

criteria.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 574.070. APPEAL. (a) An appeal from an order requiring

court-ordered mental health services, 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.

certified transcript of the proceedings to the court of appeals.

(d) Pending the appeal, the trial judge in whose court the cause

is pending may:

(1) stay the order and release the patient from custody before

the appeal if the judge is satisfied that the patient does not

meet the criteria for protective custody under Section 574.022;

and

(2) if the proposed patient 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.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

SUBCHAPTER F. FURLOUGH, DISCHARGE, AND TERMINATION OF

COURT-ORDERED MENTAL HEALTH SERVICES

Sec. 574.081. CONTINUING CARE PLAN BEFORE FURLOUGH OR DISCHARGE.

(a) The physician responsible for the patient's treatment shall

prepare a continuing care plan for a patient who is scheduled to

be furloughed or discharged unless the patient does not require

continuing care.

(b) The physician shall prepare the plan as prescribed by

department rules and shall consult the patient and the local

mental health authority in the area in which the patient will

reside before preparing the plan. The local mental health

authority is not required to participate in preparing a plan for

a patient furloughed or discharged from a private mental health

facility.

physical needs, including, if appropriate:

(1) the need for sufficient medication on furlough or discharge

to last until the patient can see a physician; and

(2) the person or entity that is responsible for providing and

paying for the medication.

(d) The physician shall deliver the plan and other appropriate

information to the community center or other provider that will

deliver the services if:

(1) the services are provided by:

(A) a community center or other provider that serves the county

in which the patient will reside and that has been designated by

the commissioner to perform continuing care services; or

(B) any other provider that agrees to accept the referral; and

(2) the provision of care by the center or provider is

appropriate.

(e) The facility administrator or the administrator's designee

shall have the right of access to discharged patients and records

of patients who request continuing care services.

(f) A patient who is to be discharged may refuse the continuing

care services.

(g) A physician who believes that a patient does not require

continuing care and who does not prepare a continuing care plan

under this section shall document in the patient's treatment

record the reasons for that belief.

(h) Subsection (c) does not create a mandate that a facility

described by Section 571.003(9)(B) or (E) provide or pay for a

medication for a patient.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1993, 73rd Leg., ch. 646, Sec. 12, eff.

Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 705, Sec. 4.04, 4.05,

eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 17.01(33),

eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 367, Sec. 14, eff.

June 15, 2001; Acts 2001, 77th Leg., ch. 1066, Sec. 1, eff. Sept.

1, 2001.

Sec. 574.082. PASS OR FURLOUGH FROM INPATIENT CARE. (a) The

facility administrator may permit a patient admitted to the

facility under an order for temporary or extended inpatient

mental health services to leave the facility under a pass or

furlough.

(b) A pass authorizes the patient to leave the facility for not

more than 72 hours. A furlough authorizes the patient to leave

for a longer period.

(d) When a patient is furloughed, the facility administrator

shall notify the court that issued the commitment order.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 574.083. RETURN TO FACILITY UNDER CERTIFICATE OF FACILITY

ADMINISTRATOR OR COURT ORDER. (a) The facility administrator of

a facility to which a patient was admitted for court-ordered

inpatient health care services may authorize a peace officer of

the municipality or county in which the facility is located to

take an absent patient into custody, detain the patient, and

return the patient to the facility by issuing a certificate as

prescribed by Subsection (c) to a law enforcement agency of the

municipality or county.

(b) If there is reason to believe that an absent patient may be

outside the municipality or county in which the facility is

located, the facility administrator may file an affidavit as

prescribed by Subsection (c) with a magistrate requesting the

magistrate to issue an order for the patient's return. The

magistrate with whom the affidavit is filed may issue an order

directing a peace or health officer to take an absent patient

into custody and return the patient to the facility. An order

issued under this subsection extends to any part of this state

and authorizes any peace officer to whom the order is directed or

transferred to execute the order, take the patient into custody,

detain the patient, and return the patient to the facility.

(a) or (b) must set out facts establishing that the patient is

receiving court-ordered inpatient mental health services at the

facility and show that the facility administrator reasonably

believes that:

(1) the patient is absent without authority from the facility;

(2) the patient has violated the conditions of a pass or

furlough; or

(3) the patient's condition has deteriorated to the extent that

the patient's continued absence from the facility under a pass or

furlough is inappropriate.

(d) A peace or health officer shall take the patient into

custody and return the patient to the facility as soon as

possible if the patient's return is authorized by a certificate

issued or court order issued under this section.

(e) A peace or health officer may take the patient into custody

without having the certificate or court order in the officer's

possession.

(f) A peace or health officer who cannot immediately return a

patient to the facility named in the order may transport the

patient to a local facility for detention. The patient may not be

detained in a nonmedical facility that is used to detain persons

who are charged with or convicted of a crime unless detention in

the facility is warranted by an extreme emergency. If the patient

is detained at a nonmedical facility:

(1) the patient:

(A) may not be detained in the facility for more than 24 hours;

and

(B) must be isolated from all persons charged with or convicted

of a crime; and

(2) the facility must notify the county health authority of the

detention.

(g) The local mental health authority shall ensure that a

patient detained in a nonmedical facility under Subsection (f)

receives proper care and medical attention.

(h) Notwithstanding other law regarding confidentiality of

patient information, the facility administrator may release to a

law enforcement official information about the patient if the

administrator determines the information is needed to facilitate

the return of the patient to the facility.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1999, 76th Leg., ch. 1016, Sec. 1, eff.

June 18, 1999; Acts 1999, 76th Leg., ch. 1187, Sec. 19, eff.

Sept. 1, 1999; Acts 2001, 77th Leg., ch. 367, Sec. 15, eff. Sept.

1, 2001; Acts 2001, 77th Leg., ch. 1006, Sec. 1, eff. Sept. 1,

2001.

Sec. 574.084. REVOCATION OF FURLOUGH. (a) A furlough may be

revoked only after an administrative hearing held in accordance

with department rules. The hearing must be held within 72 hours

after the patient is returned to the facility.

(b) A hearing officer shall conduct the hearing. The hearing

officer may be a mental health professional if the person is not

directly involved in treating the patient.

present information and argument.

(d) The hearing officer may revoke the furlough if the officer

determines that the revocation is justified under Section

574.083(c).

(e) A hearing officer who revokes a furlough shall place in the

patient's file:

(1) a written notation of the decision; and

(2) a written explanation of the reasons for the decision and

the information on which the hearing officer relied.

(f) The patient shall be permitted to leave the facility under

the furlough if the hearing officer determines that the furlough

should not be revoked.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 574.085. DISCHARGE ON EXPIRATION OF COURT ORDER. The

facility administrator of a facility to which a patient was

committed or from which a patient was required to receive

temporary or extended inpatient or outpatient mental health

services shall discharge the patient when the court order

expires.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 574.086. DISCHARGE BEFORE EXPIRATION OF COURT ORDER. (a)

The facility administrator of a facility to which a patient was

committed for inpatient mental health services or the person

responsible for providing outpatient mental health services may

discharge the patient at any time before the court order expires

if the facility administrator or person determines that the

patient no longer meets the criteria for court-ordered mental

health services.

(b) The facility administrator of a facility to which the

patient was committed for inpatient mental health services shall

consider before discharging the patient whether the patient

should receive outpatient court-ordered mental health services in

accordance with:

(1) a furlough under Section 574.082; or

(2) a modified order under Section 574.061 that directs the

patient to participate in outpatient mental health services.

and the person discharged may not be required to submit to

involuntary mental health services unless a new court order is

entered in accordance with this subtitle.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 574.087. CERTIFICATE OF DISCHARGE. The facility

administrator or the person responsible for outpatient care who

discharges a patient under Section 574.085 or 574.086 shall

prepare a discharge certificate and file it with the court that

entered the order requiring mental health services.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1,

1991.

Sec. 574.088. RELIEF FROM DISABILITIES IN MENTAL HEALTH CASES.

(a) A person who is furloughed or discharged from court-ordered

mental health services may petition the court that entered the

commitment order for an order stating that the person qualifies

for relief from a firearms disability.

(b) In determining whether to grant relief, the court must hear

and consider evidence about:

(1) the circumstances that led to imposition of the firearms

disability under 18 U.S.C. Section 922(g)(4);

(2) the person's mental history;

(3) the person's criminal history; and

(4) the person's reputation.

the record the following affirmative findings:

(1) the person is no longer likely to act in a manner dangerous

to public safety; and

(2) removing the person's disability to purchase a firearm is in

the public interest.

Added by Acts 2009, 81st Leg., R.S., Ch.

950, Sec. 2, eff. September 1, 2009.

Sec. 574.089. TRANSPORTATION PLAN FOR FURLOUGH OR DISCHARGE.

(a) The facility administrator of a mental health facility, in

conjunction with the local mental health authority, shall create

a transportation plan for a person scheduled to be furloughed or

discharged from the facility.

(b) The transportation plan must account for the capacity of the

person, must be in writing, and must specify:

(1) who is responsible for transporting the person;

(2) when the person will be transported; and

(3) where the person will arrive.

forward the transportation plan to a family member of the person

before the person is transported.

Added by Acts 2009, 81st Leg., R.S., Ch.

1020, Sec. 1, eff. September 1, 2009.

SUBCHAPTER G. ADMINISTRATION OF MEDICATION TO PATIENT UNDER ORDER

FOR INPATIENT MENTAL HEALTH SERVICES

Sec. 574.101. DEFINITIONS. In this subchapter:

(1) "Capacity" means a patient's ability to:

(A) understand the nature and consequences of a proposed

treatment, including the benefits, risks, and alternatives to the

proposed treatment; and

(B) make a decision whether to undergo the proposed treatment.

(2) "Medication-related emergency" means a situation in which it

is immediately necessary to administer medication to a patient to

prevent:

(A) imminent probable death or substantial bodily harm to the

patient because the patient:

(i) overtly or continually is threatening or attempting to

commit suicide or serious bodily harm; or

(ii) is behaving in a manner that indicates that the patient is

unable to satisfy the patient's need for nourishment, essential

medical care, or self-protection; or

(B) imminent physical or emotional harm to another because of

threats, attempts, or other acts the patient overtly or

continually makes or commits.

(3) "Psychoactive medication" means a medication prescribed for

the treatment of symptoms of psychosis or other severe mental or

emotional disorders and that is used to exercise an effect on the

central nervous system to influence and modify behavior,

cognition, or affective state when treating the symptoms of

mental illness. "Psychoactive medication" includes the following

categories when used as described in this subdivision:

(A) antipsychotics or neuroleptics;

(B) antidepressants;

(D) antianxiety agents;

(E) sedatives, hypnotics, or other sleep-promoting drugs; and

(F) psychomotor stimulants.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,

1993.

Sec. 574.102. APPLICATION OF SUBCHAPTER. This subchapter

applies to the application of medication to a patient subject to

an order for inpatient mental health services under this chapter

or other law.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 770, Sec. 9, eff. June

16, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

717, Sec. 1, eff. June 17, 2005.

Sec. 574.103. ADMINISTRATION OF MEDICATION TO PATIENT UNDER

COURT-ORDERED MENTAL HEALTH SERVICES. (a) In this section,

"ward" has the meaning assigned by Section 601, Texas Probate

Code.

(b) A person may not administer a psychoactive medication to a

patient who refuses to take the medication voluntarily unless:

(1) the patient is having a medication-related emergency;

(2) the patient is under an order issued under Section 574.106

authorizing the administration of the medication regardless of

the patient's refusal; or

(3) the patient is a ward who is 18 years of age or older and

the guardian of the person of the ward consents to the

administration of psychoactive medication regardless of the

ward's expressed preferences regarding treatment with

psychoactive medication.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,

1993. Amended by Acts 2003, 78th Leg., ch. 692, Sec. 11, eff.

Sept. 1, 2003.

Sec. 574.104. PHYSICIAN'S APPLICATION FOR ORDER TO AUTHORIZE

PSYCHOACTIVE MEDICATION; DATE OF HEARING. (a) A physician who

is treating a patient may, on behalf of the state, file an

application in a probate court or a court with probate

jurisdiction for an order to authorize the administration of a

psychoactive medication regardless of the patient's refusal if:

(1) the physician believes that the patient lacks the capacity

to make a decision regarding the administration of the

psychoactive medication;

(2) the physician determines that the medication is the proper

course of treatment for the patient;

(3) the patient is under an order for inpatient mental health

services under this chapter or other law or an application for

court-ordered mental health services under Section 574.034 or

574.035 has been filed for the patient; and

(4) the patient, verbally or by other indication, refuses to

take the medication voluntarily.

(b) An application filed under this section must state:

(1) that the physician believes that the patient lacks the

capacity to make a decision regarding administration of the

psychoactive medication and the reasons for that belief;

(2) each medication the physician wants the court to compel the

patient to take;

(3) whether an application for court-ordered mental health

services under Section 574.034 or 574.035 has been filed;

(4) whether a court order for inpatient mental health services

for the patient has been issued and, if so, under what authority

it was issued;

(5) the physician's diagnosis of the patient; and

(6) the proposed method for administering the medication and, if

the method is not customary, an explanation justifying the

departure from the customary methods.

application for court-ordered mental health services.

(d) The hearing on the application may be held on the date of a

hearing on an application for court-ordered mental health

services under Section 574.034 or 574.035 but shall be held not

later than 30 days after the filing of the application for the

order to authorize psychoactive medication. If the hearing is not

held on the same day as the application for court-ordered mental

health services under Section 574.034 or 574.035 and the patient

is transferred to a mental health facility in another county, the

court may transfer the application for an order to authorize

psychoactive medication to the county where the patient has been

transferred.

(e) Subject to the requirement in Subsection (d) that the

hearing shall be held not later than 30 days after the filing of

the application, the court may grant one continuance on a party's

motion and for good cause shown. The court may grant more than

one continuance only with the agreement of the parties.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 322, Sec. 2, eff. Aug.

28, 1995; Acts 1995, 74th Leg., ch. 770, Sec. 10, eff. June 16,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

717, Sec. 2, eff. June 17, 2005.

Sec. 574.105. RIGHTS OF PATIENT. A patient for whom an

application for an order to authorize the administration of a

psychoactive medication is filed is entitled to:

(1) representation by a court-appointed attorney who is

knowledgeable about issues to be adjudicated at the hearing;

(2) meet with that attorney as soon as is practicable to prepare

for the hearing and to discuss any of the patient's questions or

concerns;

(3) receive, immediately after the time of the hearing is set, a

copy of the application and written notice of the time, place,

and date of the hearing;

(4) be told, at the time personal notice of the hearing is

given, of the patient's right to a hearing and right to the

assistance of an attorney to prepare for the hearing and to

answer any questions or concerns;

(5) be present at the hearing;

(6) request from the court an independent expert; and

(7) oral notification, at the conclusion of the hearing, of the

court's determinations of the patient's capacity and best

interests.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 770, Sec. 11, eff.

June 16, 1995.

Sec. 574.106. HEARING AND ORDER AUTHORIZING PSYCHOACTIVE

MEDICATION. (a) The court may issue an order authorizing the

administration of one or more classes of psychoactive medication

to a patient who:

(1) is under a court order to receive inpatient mental health

services; or

(2) is in custody awaiting trial in a criminal proceeding and

was ordered to receive inpatient mental health services in the

six months preceding a hearing under this section.

(a-1) The court may issue an order under this section only if

the court finds by clear and convincing evidence after the

hearing:

(1) that the patient lacks the capacity to make a decision

regarding the administration of the proposed medication and

treatment with the proposed medication is in the best interest of

the patient; or

(2) if the patient was ordered to receive inpatient mental

health services by a criminal court with jurisdiction over the

patient, that treatment with the proposed medication is in the

best interest of the patient and either:

(A) the patient presents a danger to the patient or others in

the inpatient mental health facility in which the patient is

being treated as a result of a mental disorder or mental defect

as determined under Section 574.1065; or

(B) the patient:

(i) has remained confined in a correctional facility, as defined

by Section 1.07, Penal Code, for a period exceeding 72 hours

while awaiting transfer for competency restoration treatment; and

(ii) presents a danger to the patient or others in the

correctional facility as a result of a mental disorder or mental

defect as determined under Section 574.1065.

(b) In making the finding that treatment with the proposed

medication is in the best interest of the patient, the court

shall consider:

(1) the patient's expressed preferences regarding treatment with

psychoactive medication;

(2) the patient's religious beliefs;

(3) the risks and benefits, from the perspective of the patient,

of taking psychoactive medication;

(4) the consequences to the patient if the psychoactive

medication is not administered;

(5) the prognosis for the patient if the patient is treated with

psychoactive medication;

(6) alternative, less intrusive treatments that are likely to

produce the same results as treatment with psychoactive

medication; and

(7) less intrusive treatments likely to secure the patient's

agreement to take the psychoactive medication.

record by the probate judge or judge with probate jurisdiction,

except as provided by Subsection (d).

(d) A judge may refer a hearing to a magistrate or

court-appointed associate judge who has training regarding

psychoactive medications. The magistrate or associate judge may

effectuate the notice, set hearing dates, and appoint attorneys

as required in this subchapter. A record is not required if the

hearing is held by a magistrate or court-appointed associate

judge.

(e) A party is entitled to a hearing de novo by the judge if an

appeal of the magistrate's or associate judge's report is filed

with the court within three days after the report is issued. The

hearing de novo shall be held within 30 days of the filing of the

application for an order to authorize psychoactive medication.

(f) If a hearing or an appeal of an associate judge's or

magistrate's report 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.

(g) As soon as practicable after the conclusion of the hearing,

the patient is entitled to have provided to the patient and the

patient's attorney written notification of the court's

determinations under this section. The notification shall include

a statement of the evidence on which the court relied and the

reasons for the court's determinations.

(h) An order entered under this section shall authorize the

administration to a patient, regardless of the patient's refusal,

of one or more classes of psychoactive medications specified in

the application and consistent with the patient's diagnosis. The

order shall permit an increase or decrease in a medication's

dosage, restitution of medication authorized but discontinued

during the period the order is valid, or the substitution of a

medication within the same class.

(i) The classes of psychoactive medications in the order must

conform to classes determined by the department.

(j) An order issued under this section may be reauthorized or

modified on the petition of a party. The order remains in effect

pending action on a petition for reauthorization or modification.

For the purpose of this subsection, "modification" means a change

of a class of medication authorized in the order.

(k) This section does not apply to a patient who receives

services under an order of protective custody under Section

574.021.

(l) For a patient described by Subsection (a-1)(2)(B), an order

issued under this section:

(1) authorizes the initiation of any appropriate mental health

treatment for the patient awaiting transfer; and

(2) does not constitute authorization to retain the patient in a

correctional facility for competency restoration treatment.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,

1993. Amended by Acts 1995, 74th Leg., ch. 770, Sec. 12, eff.

June 16, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

717, Sec. 3, eff. June 17, 2005.

Acts 2005, 79th Leg., Ch.

717, Sec. 4, eff. June 17, 2005.

Acts 2009, 81st Leg., R.S., Ch.

334, Sec. 8, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

624, Sec. 1, eff. June 19, 2009.

Sec. 574.1065. FINDING THAT PATIENT PRESENTS A DANGER. In

making a finding under Section 574.106(a-1)(2) that, as a result

of a mental disorder or mental defect, the patient presents a

danger to the patient or others in the inpatient mental health

facility in which the patient is being treated or in the

correctional facility, as applicable, the court shall consider:

(1) an assessment of the patient's present mental condition;

(2) whether the patient has inflicted, attempted to inflict, or

made a serious threat of inflicting substantial physical harm to

the patient's self or to another while in the facility; and

(3) whether the patient, in the six months preceding the date

the patient was placed in the facility, has inflicted, attempted

to inflict, or made a serious threat of inflicting substantial

physical harm to another that resulted in the patient being

placed in the facility.

Added by Acts 2005, 79th Leg., Ch.

717, Sec. 5, eff. June 17, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

624, Sec. 2, eff. June 19, 2009.

Sec. 574.107. COSTS. (a) The costs for a hearing under this

subchapter shall be paid in accordance with Sections 571.017 and

571.018.

(b) The county in which the applicable criminal charges are

pending or were adjudicated shall pay as provided by Subsection

(a) the costs of a hearing that is held under Section 574.106 to

evaluate the court-ordered administration of psychoactive

medication to:

(1) a patient ordered to receive mental health services as

described by Section 574.106(a)(1) after having been determined

to be incompetent to stand trial or having been acquitted of an

offense by reason of insanity; or

(2) a patient who:

(A) is awaiting trial after having been determined to be

competent to stand trial; and

(B) was ordered to receive mental health services as described

by Section 574.106(a)(2).

Added by Acts 1995, 74th Leg., ch. 770, Sec. 13, eff. June 16,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1307, Sec. 20, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

624, Sec. 3, eff. June 19, 2009.

Sec. 574.108. APPEAL. (a) A patient may appeal an order under

this subchapter in the manner provided by Section 574.070 for an

appeal of an order requiring court-ordered mental health

services.

(b) An order authorizing the administration of medication

regardless of the refusal of the patient is effective pending an

appeal of the order.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,

1993. Renumbered from Health & Safety Code Sec. 574.107 by

Acts 1995, 74th Leg., ch. 770, Sec. 13, eff. June 16, 1995.

Sec. 574.109. EFFECT OF ORDER. (a) A person's consent to take

a psychoactive medication is not valid and may not be relied on

if the person is subject to an order issued under Section

574.106.

(b) The issuance of an order under Section 574.106 is not a

determination or adjudication of mental incompetency and does not

limit in any other respect that person's rights as a citizen or

the person's property rights or legal capacity.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,

1993. Renumbered from Health & Safety Code Sec. 574.108 by

Acts 1995, 74th Leg., ch. 770, Sec. 13, eff. June 16, 1995.

Sec. 574.110. EXPIRATION OF ORDER. (a) Except as provided by

Subsection (b), an order issued under Section 574.106 expires on

the expiration or termination date of the order for temporary or

extended mental health services in effect when the order for

psychoactive medication is issued.

(b) An order issued under Section 574.106 for a patient awaiting

trial in a criminal proceeding expires on the date the defendant

is acquitted, is convicted, or enters a plea of guilty or the

date on which charges in the case are dismissed. An order

continued under this subsection shall be reviewed by the issuing

court every six months.

Added by Acts 1993, 73rd Leg., ch. 903, Sec. 1.08, eff. Aug. 30,

1993. Renumbered from Health & Safety Code Sec. 574.109 and

amended by Acts 1995, 74th Leg., ch. 770, Sec. 13, eff. June 16,

1995.

Amended by:

Acts 2005, 79th Leg., Ch.

717, Sec. 6, eff. June 17, 2005.

SUBCHAPTER H. VOLUNTARY ADMISSION FOR CERTAIN PERSONS FOR WHOM

MOTION FOR COURT-ORDERED SERVICES HAS BEEN FILED

Sec. 574.151. APPLICABILITY. This subchapter applies only to a

person for whom a motion for court-ordered mental health services

is filed under Section 574.001, for whom a final order on that

motion has not been entered under Section 574.034 or 574.035, and

who requests voluntary admission to an inpatient mental health

facility:

(1) while the person is receiving at that facility involuntary

inpatient services under Subchapter B or under Chapter 573; or

(2) before the 31st day after the date the person was released

from that facility under Section 573.023 or 574.028.

Added by Acts 2001, 77th Leg., ch. 1309, Sec. 1, eff. June 16,

2001.

Sec. 574.152. CAPACITY TO CONSENT TO VOLUNTARY ADMISSION. A

person described by Section 574.151 is rebuttably presumed to

have the capacity to consent to admission to the inpatient mental

health facility for voluntary inpatient mental health services.

Added by Acts 2001, 77th Leg., ch. 1309, Sec. 1, eff. June 16,

2001.

Sec. 574.153. RIGHTS OF PERSON ADMITTED TO VOLUNTARY INPATIENT

TREATMENT. (a) A person described by Section 574.151 who is

admitted to the inpatient mental health facility for voluntary

inpatient mental health services has all of the rights provided

by Chapter 576 for a person receiving voluntary or involuntary

inpatient mental health services.

(b) A right assured by Section 576.021 may not be waived by the

patient, the patient's attorney or guardian, or any other person

acting on behalf of the patient.

Added by Acts 2001, 77th Leg., ch. 1309, Sec. 1, eff. June 16,

2001.

Sec. 574.154. PARTICIPATION IN RESEARCH PROGRAM.

Notwithstanding any other law, a person described by Section

574.151 may not participate in a research program in the

inpatient mental health facility unless:

(1) the patient provides written consent to participate in the

research program under a protocol that has been approved by the

facility's institutional review board; and

(2) the institutional review board specifically reviews the

patient's consent under the approved protocol.

Added by Acts 2001, 77th Leg., ch. 1309, Sec. 1, eff. June 16,

2001.

SUBCHAPTER I. USE OF VIDEO TECHNOLOGY AT PROCEEDINGS

Sec. 574.201. APPLICATION OF SUBCHAPTER. This subchapter

applies only to a hearing or proceeding related to court-ordered

mental health services under this chapter.

Added by Acts 2003, 78th Leg., ch. 358, Sec. 3, eff. June 18,

2003.

Sec. 574.202. CERTAIN TESTIMONY BY CLOSED-CIRCUIT VIDEO

TELECONFERENCING PERMITTED. (a) A judge or magistrate may

permit a physician or a nonphysician mental health professional

to testify at a hearing or proceeding by closed-circuit video

teleconferencing if:

(1) closed-circuit video teleconferencing is available to the

judge or magistrate for that purpose;

(2) the proposed patient and the attorney representing the

proposed patient do not file with the court a written objection

to the use of closed-circuit video teleconferencing;

(3) the closed-circuit video teleconferencing system provides

for a simultaneous, compressed full-motion video and interactive

communication of image and sound between all persons involved in

the hearing; and

(4) on request of the proposed patient, the proposed patient and

the proposed patient's attorney can communicate privately without

being recorded or heard by the judge or magistrate or by the

attorney representing the state.

(b) The judge or magistrate must provide written notice of the

use of closed-circuit video teleconferencing to the proposed

patient, the proposed patient's attorney, and the attorney

representing the state not later than the third day before the

date of the hearing.

representing the state the court shall, or on the court's

discretion the court may, terminate testimony by closed-circuit

video teleconferencing under this section at any time during the

testimony and require the physician or nonphysician mental health

professional to testify in person.

(d) A recording of the testimony under Subsection (a) shall be

made and preserved with the court's record of the hearing.

Added by Acts 2003, 78th Leg., ch. 358, Sec. 3, eff. June 18,

2003.

Sec. 574.203. USE OF SECURE ELECTRONIC COMMUNICATION METHOD IN

CERTAIN PROCEEDINGS UNDER THIS CHAPTER. (a) A hearing may be

conducted in accordance with this chapter but conducted by secure

electronic means, including satellite transmission,

closed-circuit television transmission, or any other method of

two-way electronic communication that is secure, available to the

parties, approved by the court, and capable of visually and

audibly recording the proceedings, if:

(1) written consent to the use of a secure electronic

communication method for the hearing is filed with the court by:

(A) the proposed patient or the attorney representing the

proposed patient; and

(B) the county or district attorney, as appropriate;

(2) the secure electronic communication method provides for a

simultaneous, compressed full-motion video, and interactive

communication of image and sound among the judge or associate

judge, the county or district attorney, the attorney representing

the proposed patient, and the proposed patient; and

(3) on request of the proposed patient or the attorney

representing the proposed patient, the proposed patient and the

attorney can communicate privately without being recorded or

heard by the judge or associate judge or by the county or

district attorney.

(b) On the motion of the patient or proposed patient, the

attorney representing the patient or proposed patient, or the

county or district attorney or on the court's own motion, the

court may terminate an appearance made through a secure

electronic communication method at any time during the appearance

and require an appearance by the patient or proposed patient in

open court.

to be made and preserved until any appellate proceedings have

been concluded. The patient or proposed patient may obtain a

copy of the recording on payment of a reasonable amount to cover

the costs of reproduction or, if the patient or proposed patient

is indigent, the court shall provide a copy on the request of the

patient or proposed patient without charging a cost for the copy.

Added by Acts 2007, 80th Leg., R.S., Ch.

1145, Sec. 3, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

334, Sec. 9, eff. September 1, 2009.

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2009 Texas Code HEALTH AND SAFETY CODE TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION CHAPTER 574. COURT-ORDERED MENTAL HEALTH SERVICES

2009 Texas Code
HEALTH AND SAFETY CODE
TITLE 7. MENTAL HEALTH AND MENTAL RETARDATION
CHAPTER 574. COURT-ORDERED MENTAL HEALTH SERVICES