Tex. Health & Safety Code § 574.028 · Subchapter B. PROTECTIVE CUSTODY
RELEASE FROM DETENTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
(c) A facility administrator shall discharge a person held under 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; or
(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.
Notes and commentary — not statutory text
History
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 334 (H.B. 890), Sec. 6, eff. September 1, 2009.
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 b8422e51179a51ce78247ef47a4e4c4c5b9a22b1fa20b28cbe576984ad1008d4
- 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
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