Tex. Gov't Code § 125.003 · Chapter 125. MENTAL HEALTH COURT PROGRAMS
PROGRAM.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A mental health court program established under Section 125.002:
(1) may handle all issues arising under Articles 16.22 and 17.032, Code of Criminal Procedure, and Chapter 46B, Code of Criminal Procedure; and
(2) must:
(A) ensure a person eligible for the program is provided legal counsel before volunteering to proceed through the mental health court program and while participating in the program;
(B) allow a person, if eligible for the program, to choose whether to proceed through the mental health court program or proceed through the regular criminal justice system;
(C) allow a participant to withdraw from the mental health court program at any time before a trial on the merits has been initiated;
(D) provide a participant with a court-ordered individualized treatment plan indicating the services that will be provided to the participant; and
(E) ensure that the jurisdiction of the mental health court extends at least six months but does not extend beyond the probationary period for the offense charged if the probationary period is longer than six months.
(b) The issues shall be handled by a magistrate, as designated by Article 2A.151, Code of Criminal Procedure, who is part of a mental health court program established under Section 125.002.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 1120, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1130 (H.B. 2518), Sec. 2, eff. June 18, 2005.
Transferred, redesignated and amended from Health and Safety Code, Chapter 616 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.06, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.078, eff. January 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.125.htm
- Text hash
- sha256 59e06790f3ad62b5d880e9a92608148777897139a092616536cfb0d81bf6ff51
- 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.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 2A.151TYPES OF MAGISTRATES.Printed as Article 2A.151, Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 16.22EARLY IDENTIFICATION OF DEFENDANT SUSPECTED OF HAVING MENTAL ILLNESS OR INTELLECTUAL DISABILITY.Printed as Articles 16.22 and 17.032, Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 17.032RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY.Printed as Articles 16.22 and 17.032, Code of Criminal Procedure
- Tex. Code Crim. Proc. ch. 46BINCOMPETENCY TO STAND TRIALPrinted as Chapter 46B, Code of Criminal Procedure
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.