Sec. 571.014. FILING REQUIREMENTS. (a) Each application, petition, certificate, or other paper permitted or required to be filed in a probate court or court having probate jurisdiction under this subtitle must be filed with the county clerk of the proper county.
(b) The county clerk shall file each paper after endorsing on it:
(1) the date on which the paper is filed;
(2) the docket number; and
(3) the clerk's official signature.
(c) A person may initially file a paper with the county clerk by the use of reproduced, photocopied, or electronically transmitted paper if the person files the original signed copies of the paper with the clerk not later than the 72nd hour after the hour on which the initial filing is made. If the 72-hour period ends on a Saturday, Sunday, or legal holiday, the filing period is extended until 4 p.m. on the first succeeding business day. If extremely hazardous weather conditions exist or a disaster occurs, the presiding judge or magistrate may by written order made each day extend the filing period until 4 p.m. on the first succeeding business day. The written order must declare that an emergency exists because of the weather or the occurrence of a disaster. If a person detained under this subtitle would otherwise be released because the original signed copy of a paper is not filed within the 72-hour period but for the extension of the filing period under this section, the person may be detained until the expiration of the extended filing period. This subsection does not affect another provision of this subtitle requiring the release or discharge of a person.
(d) If the clerk does not receive the original signed copy of a paper within the period prescribed by this section, the judge may dismiss the proceeding on the court's own motion or on the motion of a party and, if the proceeding is dismissed, shall order the immediate release of a proposed patient who is not at liberty.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.42, eff. Aug. 30, 1993.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle C - Texas Mental Health Code
Chapter 571 - General Provisions
Section 571.004. Least Restrictive Appropriate Setting
Section 571.005. Texas Mental Health Code Information Program
Section 571.006. Executive Commissioner and Department Powers
Section 571.0065. Treatment Methods
Section 571.0066. Prescription Medication Information
Section 571.0067. Restraint and Seclusion
Section 571.007. Delegation of Powers and Duties
Section 571.008. Return of Committed Patient to State of Residence
Section 571.0081. Return of Committed Patient to State of Residence; Reciprocal Agreements
Section 571.009. Effect of Certain Conditions on Admission or Commitment
Section 571.010. Agent for Service of Process
Section 571.011. Application to Persons Charged With Crime
Section 571.012. Court Hours; Availability of Judge or Magistrate
Section 571.013. Method of Giving Notice
Section 571.014. Filing Requirements
Section 571.015. Inspection of Court Records
Section 571.016. Representation of State
Section 571.0165. Extension of Detention Period
Section 571.0166. Proceedings on Behalf of the State
Section 571.0167. Habeas Corpus Proceedings
Section 571.017. Compensation of Court-Appointed Personnel
Section 571.019. Limitation of Liability
Section 571.020. Criminal Penalties
Section 571.021. Enforcement Officers
Section 571.023. Civil Penalty
Section 571.024. Notice of Suit