Tex. Code Crim. Proc. art. 16.23 · Chapter 16. THE COMMITMENT OR DISCHARGE OF THE ACCUSED
DIVERSION OF PERSONS SUFFERING MENTAL HEALTH CRISIS OR SUBSTANCE ABUSE ISSUE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Each law enforcement agency shall make a good faith effort to divert a person suffering a mental health crisis or suffering from the effects of substance abuse to a proper treatment center in the agency's jurisdiction if:
(1) there is an available and appropriate treatment center in the agency's jurisdiction to which the agency may divert the person;
(2) it is reasonable to divert the person;
(3) the offense that the person is accused of is a misdemeanor, other than a misdemeanor involving violence; and
(4) the mental health crisis or substance abuse issue is suspected to be the reason the person committed the alleged offense.
(b) Subsection (a) does not apply to a person who is accused of an offense under Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 2.02, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 6, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.16.htm
- Text hash
- sha256 40f192a38981cb1d23f2ad8d8206be57dc37eb0ee246644b6e564dc0371966a8
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Tex. Penal Code § 49.04DRIVING WHILE INTOXICATED.Printed as Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code
- Tex. Penal Code § 49.045DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.Printed as Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code
- Tex. Penal Code § 49.05FLYING WHILE INTOXICATED.Printed as Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code
- Tex. Penal Code § 49.06BOATING WHILE INTOXICATED.Printed as Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code
- Tex. Penal Code § 49.061BOATING WHILE INTOXICATED WITH CHILD PASSENGER.Printed as Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code
- Tex. Penal Code § 49.065ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED.Printed as Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code
- Tex. Penal Code § 49.07INTOXICATION ASSAULT.Printed as Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code
- Tex. Penal Code § 49.08INTOXICATION MANSLAUGHTER.Printed as Section 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, Penal Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.