Tex. Health & Safety Code § 81.161 · Subchapter G. COURT ORDERS FOR MANAGEMENT OF PERSONS WITH COMMUNICABLE DISEASES
MOTION FOR ORDER OF PROTECTIVE CUSTODY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A motion for an order of protective custody may be filed only in the court in which an application for a court order for the management of a person with a communicable disease is pending.
(b) The motion may be filed by the municipal, county, or district attorney on behalf of the health authority. The motion shall be filed by the attorney general at the request of the department.
(c) The motion must state that:
(1) the department or health authority has reason to believe and does believe that the person meets the criteria authorizing the court to order protective custody; and
(2) the belief is derived from:
(A) the representations of a credible person;
(B) the conduct of the person who is the subject of the motion; or
(C) the circumstances under which the person is found.
(d) The motion must be accompanied by an affidavit of medical evaluation.
(e) The judge of the court in which the application is pending may designate a magistrate to issue protective custody orders in the judge's absence.
Notes and commentary — not statutory text
History
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 242, Sec. 7, eff. May 23, 1997.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.81.htm
- Text hash
- sha256 3d105cca46870091ee4ddda22c2952f69697296c0fdb6075250b7b15e534c82e
- 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
Cited by 1 provision
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Health and Safety Code
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