Sec. 571.0167. HABEAS CORPUS PROCEEDINGS. (a) A petition for a writ of habeas corpus arising from a commitment order must be filed in the court of appeals for the county in which the order is entered.
(b) The state shall be made a party in a habeas corpus proceeding described in Subsection (a). The appropriate attorney prescribed by Section 571.016 shall represent the state.
(c) In a habeas corpus proceeding in which a department inpatient mental health facility or a physician employed by a department inpatient mental health facility is a party as a result of enforcing a commitment order, the appropriate attorney prescribed by Section 571.016 shall represent the facility or physician, or both the facility and physician if both are parties, unless the attorney determines that representation violates the Texas Disciplinary Rules of Professional Conduct.
Added by Acts 2011, 82nd Leg., R.S., Ch. 832 (H.B. 3342), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1360, eff. April 2, 2015.
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