Tex. Health & Safety Code § 574.001 · Subchapter A. APPLICATION FOR COMMITMENT AND PREHEARING PROCEDURES
APPLICATION FOR COURT-ORDERED MENTAL HEALTH SERVICES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 located at the time the application is filed;
(3) was apprehended under Chapter 573; or
(4) is receiving mental health services by court order or under Subchapter A, Chapter 573.
(c) If the application is not filed in the county in which the proposed patient resides, the court may, on request of the proposed patient or the proposed patient's attorney and if good cause is shown, transfer the application to that county.
(d) An application may be transferred to the county in which the person is being detained under Subchapter B if the county to which the application is to be transferred approves such transfer. A transfer under this subsection does not preclude the proposed patient from filing a motion to transfer under Subsection (c).
(e) An order transferring a criminal defendant against whom all charges have been dismissed to the appropriate court for a hearing on court-ordered mental health services in accordance with Subchapter F, Chapter 46B, Code of Criminal Procedure, serves as an application under this section. The order must state that all charges have been dismissed.
(f) An application in which the proposed patient is a child in the custody of the Texas Juvenile Justice Department may be filed in the county in which the child's commitment to the Texas Juvenile Justice Department was ordered.
Notes and commentary — not statutory text
History
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 770, Sec. 4, eff. June 16, 1995; Acts 1997, 75th Leg., ch. 1086, Sec. 38, eff. June 19, 1997; Acts 2003, 78th Leg., ch. 35, Sec. 10, eff. Jan. 1, 2004.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1371, eff. April 2, 2015.
Acts 2025, 89th Leg., R.S., Ch. 800 (S.B. 1164), Sec. 7, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.574.htm
- Text hash
- sha256 8b0c6264bd2a7a13db521c14ce5c3897a3b192379061b60fdbcaed76c990c108
- 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.
Cited by 4 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 574.001. Each shows the citation as that text prints it.
Family Code
- Tex. Fam. Code § 55.65PROCEEDINGS IN JUVENILE COURT FOR CHILD WITH MENTAL ILLNESS.Printed as Sections 574.001 and 574.002, Health and Safety Code
- Tex. Fam. Code § 55.66PROCEEDINGS IN JUVENILE COURT FOR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS.Printed as Sections 574.001 and 574.002, Health and Safety Code
- Tex. Fam. Code § 55.68REFERRAL FOR PROCEEDINGS FOR CHILD WITH MENTAL ILLNESS OR CHILD FOUND UNFIT TO PROCEED OR LACKING RESPONSIBILITY FOR CONDUCT DUE TO MENTAL ILLNESS OR INTELLECTUAL DISABILITY.Printed as Section 574.001, Health and Safety Code
Health and Safety 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.