Sec. 462.063. PREHEARING PROCEDURE. (a) When the application is filed, the court shall set a date for a hearing on the merits of the application to be held within 14 days after the date on which the application is filed. The hearing may not be held during the first three days after the application is filed if the proposed patient or the proposed patient's attorney objects. The court may grant one or more continuances of the hearing on motion by a party and for good cause shown or on agreement of the parties. However, the hearing shall be held not later than the 30th day after the date on which the original application is filed.
(b) Immediately after the date for the hearing is set, the clerk shall give written notice of the hearing and a copy of the application to the proposed patient and the proposed patient's attorney in the manner the court directs.
(c) The court shall appoint an attorney to represent the proposed patient if the proposed patient does not retain an attorney of the proposed patient's choice.
(d) The court shall appoint an attorney for a proposed patient who is a minor, regardless of the ability of the proposed patient or the proposed patient's family to afford an attorney.
(e) The court shall allow a court-appointed attorney a reasonable fee for services. The fee shall be collected as costs of the court.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle B - Alcohol and Substance Abuse Programs
Chapter 462 - Treatment of Persons With Chemical Dependencies
Subchapter D. Court-Ordered Treatment
Section 462.061. Court-Ordered Treatment; Jurisdiction
Section 462.062. Application for Court-Ordered Treatment
Section 462.063. Prehearing Procedure
Section 462.064. Certificate of Medical Examination for Chemical Dependency
Section 462.065. Order of Protective Custody
Section 462.066. Probable Cause Hearing and Detention
Section 462.067. Hearing on Application for Court-Ordered Treatment
Section 462.068. Release After Hearing
Section 462.069. Court Order and Place of Treatment
Section 462.070. Motion for Modification of Order for Outpatient Treatment
Section 462.071. Order for Temporary Detention
Section 462.072. Modification of Order for Outpatient Services
Section 462.073. Modification of Order for Inpatient Treatment
Section 462.0731. Outpatient Care in Certain Counties
Section 462.074. Hospitalization Outside Treatment Facility
Section 462.075. Renewal of Order for Court-Ordered Treatment
Section 462.077. Pass or Furlough From Inpatient Care
Section 462.078. Return to Facility Under Facility Administrator's Certificate or Court Order
Section 462.079. Revocation of Furlough
Section 462.080. Release From Court-Ordered Treatment
Section 462.081. Commitment by Courts in Criminal Proceedings; Alternative Sentencing