Sec. 574.033. RELEASE AFTER HEARING. (a) The court shall enter an order denying an application for court-ordered temporary or extended mental health services if after a hearing the court or jury fails to find, from clear and convincing evidence, that the proposed patient is a person with mental illness and meets the applicable criteria for court-ordered mental health services.
(b) If the court denies the application, the court 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 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1378, eff. April 2, 2015.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle C - Texas Mental Health Code
Chapter 574 - Court-Ordered Mental Health Services
Subchapter C. Proceedings for Court-Ordered Mental Health Services
Section 574.031. General Provisions Relating to Hearing
Section 574.032. Right to Jury
Section 574.033. Release After Hearing
Section 574.034. Order for Temporary Inpatient Mental Health Services
Section 574.0345. Order for Temporary Outpatient Mental Health Services
Section 574.035. Order for Extended Inpatient Mental Health Services
Section 574.0355. Order for Extended Outpatient Mental Health Services