Sec. 81.163. APPREHENSION UNDER ORDER. (a) A protective custody order shall direct a peace officer, including a sheriff or constable, to take the person who is the subject of the order into protective custody and transport the person immediately to an appropriate inpatient health facility that has been designated by the commissioner as a suitable place.
(b) If an appropriate inpatient health facility is not available, the person shall be transported to a facility considered suitable by the health authority.
(c) The person shall be detained in the facility until a hearing is held under Section 81.165.
(d) A facility must comply with this section only to the extent that the commissioner determines that the facility has sufficient resources to perform the necessary services.
(e) A person may not be detained in a private health facility without the consent of the head of the facility.
(f) A protective custody order issued under Section 81.162 may direct an emergency medical services provider to provide an ambulance and staff to immediately transport the person who is the subject of the order to an appropriate inpatient health facility designated by the order or other suitable facility. The provider may seek reimbursement for the costs of the transport from any appropriate source.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 314 (H.B. 1690), Sec. 6, eff. June 14, 2013.
Structure Texas Statutes
Subtitle D - Prevention, Control, and Reports of Diseases; Public Health Disasters and Emergencies
Chapter 81 - Communicable Diseases; Public Health Disasters; Public Health Emergencies
Subchapter G. Court Orders for Management of Persons With Communicable Diseases
Section 81.151. Application for Court Order
Section 81.1511. Applicability of Subchapter to Group
Section 81.152. Form of Application
Section 81.153. Appointment of Attorney
Section 81.1531. Appointment of Attorney for Group
Section 81.154. Setting on Application
Section 81.156. Disclosure of Information
Section 81.157. District Court Jurisdiction
Section 81.158. Affidavit of Medical Evaluation
Section 81.159. Designation of Facility
Section 81.160. Liberty Pending Hearing
Section 81.161. Motion for Order of Protective Custody
Section 81.162. Issuance of Order
Section 81.163. Apprehension Under Order
Section 81.164. Appointment of Attorney
Section 81.165. Probable Cause Hearing
Section 81.166. Order for Continued Detention
Section 81.167. Detention in Protective Custody
Section 81.168. Release From Detention
Section 81.169. General Provisions Relating to Hearing
Section 81.171. Release After Hearing
Section 81.172. Order for Temporary Management
Section 81.173. Order for Extended Management
Section 81.174. Order of Care or Commitment
Section 81.175. Court-Ordered Outpatient Services
Section 81.176. Designation of Facility
Section 81.177. Commitment to Private Facility
Section 81.178. Commitment to Federal Facility
Section 81.179. Transportation of Person
Section 81.180. Writ of Commitment
Section 81.181. Acknowledgement of Delivery
Section 81.182. Modification of Order for Inpatient Treatment
Section 81.183. Motion for Modification of Order for Outpatient Treatment
Section 81.184. Order for Temporary Detention
Section 81.185. Apprehension and Release Under Order for Temporary Detention
Section 81.186. Order of Modification of Order for Outpatient Services
Section 81.187. Renewal of Order for Extended Management
Section 81.188. Motion for Rehearing
Section 81.189. Request for Reexamination
Section 81.190. Hearing on Request for Reexamination
Section 81.192. Continuing Care Plan Before Discharge
Section 81.193. Pass From Inpatient Care
Section 81.194. Return to Facility
Section 81.195. Discharge on Expiration of Court Order
Section 81.196. Discharge Before Expiration of Court Order
Section 81.197. Certificate of Discharge
Section 81.198. Authorization for Admission
Section 81.199. Transfer to Federal Facility
Section 81.200. Transfer of Records
Section 81.201. Writ of Habeas Corpus
Section 81.202. Effect on Guardianship
Section 81.203. Confidentiality of Records
Section 81.204. Rights Subject to Limitation by Head of Facility
Section 81.205. Notification of Rights
Section 81.206. General Rights Relating to Treatment
Section 81.207. Adequacy of Treatment
Section 81.208. Periodic Examination
Section 81.209. Use of Physical Restraint
Section 81.211. Filing and Status of Foreign Court Orders
Section 81.212. Evading or Resisting Apprehension or Transport; Criminal Penalty