Tex. Health & Safety Code § 841.123 · Subchapter G. PETITION FOR RELEASE
REVIEW OF UNAUTHORIZED PETITION FOR RELEASE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If the committed person files a petition for release without the office's authorization, the person shall serve the petition on the court, the attorney representing the state, and the office.
(b) The judge shall review and issue a ruling on a petition for release filed by the committed person without the office's authorization not later than the 60th day after the date of filing of the petition.
(c) Except as provided by Subsection (d), the judge shall deny without a hearing a petition for release filed without the office's authorization if:
(1) the judge determines by a preponderance of the evidence that the petitioner's behavioral abnormality has not changed to the extent that the petitioner is no longer likely to engage in a predatory act of sexual violence; or
(2) the petitioner has filed the petition for release before the 180th day after the date an order was entered under Subchapter D or F or a previous order was entered under this section.
(d) The judge is not required to deny a petition under Subsection (c)(2) if the judge determines by a preponderance of the evidence that the petitioner's behavioral abnormality has changed to the extent that the petitioner is no longer likely to engage in a predatory act of sexual violence.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 1188, Sec. 4.01, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 845 (S.B. 746), Sec. 24, eff. June 17, 2015.
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 26, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.841.htm
- Text hash
- sha256 d197c340b950dad51055018ecfd4b3d5be0de70e12925b266efd89f1c7e4a8a2
- 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
Provisions in this library whose text cites Tex. Health & Safety Code § 841.123. Each shows the citation as that text prints it.
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