Sec. 594.038. HEARING BEFORE JURY. (a) The transfer hearing must be held before a jury unless a waiver of trial by jury is made in writing under oath by the resident, the parent if the resident is a minor, or the resident's guardian of the person.
(b) Notwithstanding the executed waiver, a jury shall determine the issue of the case if the resident, the parent, the guardian of the person, or the resident's legal representative demands a jury trial at any time before the hearing's determination is made.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Structure Texas Statutes
Title 7 - Mental Health and Intellectual Disability
Subtitle D - Persons With an Intellectual Disability Act
Chapter 594 - Transfer and Discharge
Subchapter C. Transfer to State Mental Hospital
Section 594.031. Transfer of Voluntary Resident
Section 594.032. Transfer of Court-Committed Resident
Section 594.033. Evaluation; Court Order
Section 594.034. Request for Transfer Order
Section 594.037. Hearing Location
Section 594.038. Hearing Before Jury
Section 594.039. Resident Present at Hearing
Section 594.040. Opening Hearing
Section 594.041. Medical Evidence
Section 594.042. Hearing Determination
Section 594.043. Discharge of Resident