Tex. Health & Safety Code § 462.007 · Subchapter A. GENERAL PROVISIONS
LIMITATION OF LIABILITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A person who participates in the examination, certification, apprehension, custody, transportation, detention, commitment, treatment, or discharge of a proposed patient or in the performance of any act required or authorized by this chapter and who acts in good faith, reasonably, and without malice or negligence is not civilly or criminally liable for that action.
(b) A physician performing a medical examination or providing information to a court in a court proceeding under this chapter or providing information to a peace officer to demonstrate the necessity to apprehend a person under Section 462.041 is considered an officer of the court and is not civilly or criminally liable for the examination or testimony when acting without malice.
(c) A physician or inpatient mental health facility that discharges a voluntary patient is not liable for the discharge if:
(1) a written request for the patient's release was filed and not withdrawn; and
(2) the person who filed the written request for release is notified that the person assumes all responsibility for the patient on discharge.
Notes and commentary — not statutory text
History
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 567, Sec. 11, eff. Sept. 1, 1991.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.462.htm
- Text hash
- sha256 90c1821d82c8ba3e8fdb084275c6fe658d8c8f56a7ea41f1a6951fe17ecaccce
- 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.
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.