Tex. Health & Safety Code § 574.036 · Subchapter C. PROCEEDINGS FOR COURT-ORDERED MENTAL HEALTH SERVICES
ORDER OF CARE OR COMMITMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The judge shall dismiss the jury, if any, after a hearing in which a person is found to be a person with mental illness and to meet the criteria for court-ordered temporary or extended mental health services.
(b) The judge may hear additional evidence relating to alternative settings for care before entering an order relating to the setting for the care the person will receive.
(c) The judge shall consider in determining the setting for care the recommendation for the most appropriate treatment alternative filed under Section 574.012.
(d) The judge shall order the mental health services provided in the least restrictive appropriate setting available.
(e) The judge may enter an order:
(1) committing the person to a mental health facility for inpatient care if the trier of fact finds that the person meets the commitment criteria prescribed by Section 574.034(a) or 574.035(a); or
(2) committing the person to outpatient mental health services if the trier of fact finds that the person meets the commitment criteria prescribed by Section 574.0345(a) or 574.0355(a).
Notes and commentary — not statutory text
History
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 744, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1381, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 16, eff. September 1, 2019.
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 f05e68fe16764ba1be02d2e688cd5d0cb0b6fcd3061f5838e5aeb041228e4638
- 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.
Health and Safety Code
- Tex. Health & Safety Code § 574.012RECOMMENDATION FOR TREATMENT.Printed as Section 574.012
- Tex. Health & Safety Code § 574.034ORDER FOR TEMPORARY INPATIENT MENTAL HEALTH SERVICES.Printed as Section 574.034(a) or 574.035(a)
- Tex. Health & Safety Code § 574.0345ORDER FOR TEMPORARY OUTPATIENT MENTAL HEALTH SERVICES.Printed as Section 574.0345(a) or 574.0355(a)
- Tex. Health & Safety Code § 574.035ORDER FOR EXTENDED INPATIENT MENTAL HEALTH SERVICES.Printed as Section 574.034(a) or 574.035(a)
- Tex. Health & Safety Code § 574.0355ORDER FOR EXTENDED OUTPATIENT MENTAL HEALTH SERVICES.Printed as Section 574.0345(a) or 574.0355(a)
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.