Texas Statutes
Subchapter G. Court Orders for Management of Persons With Communicable Diseases
Section 81.172. Order for Temporary Management

Sec. 81.172. ORDER FOR TEMPORARY MANAGEMENT. (a) The judge or jury may determine that a person requires court-ordered examination, observation, isolation, or treatment only if the judge or jury finds, from clear and convincing evidence, that:
(1) the person is infected with or is reasonably suspected of being infected with a communicable disease that presents a threat to the public health and, if the application is for inpatient treatment, has failed or refused to follow the orders of the health authority or department; and
(2) as a result of the communicable disease the person:
(A) is likely to cause serious harm to himself; or
(B) will, if not examined, observed, isolated, or treated, continue to endanger public health.
(b) The judge or jury must specify each criterion listed in Subsection (a)(2) that forms the basis for the decision.
(c) The person or the person's attorney, by a written document filed with the court, may waive the right to cross-examine witnesses, and the court may admit, as evidence, the affidavit of medical evaluation. The affidavit admitted under this subsection constitutes competent medical testimony, and the court may make its findings solely from the affidavit.
(d) An order for temporary management shall state that examinations, treatment, and surveillance are authorized for a period not longer than 90 days.
(e) The department, with the cooperation of the head of the facility, shall submit to the court a general program of treatment to be provided. The program must be submitted not later than the 14th day after the date the order is issued and must be incorporated into the court order.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 242, Sec. 11, eff. May 23, 1997.

Structure Texas Statutes

Texas Statutes

Health and Safety Code

Title 2 - Health

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 81.155. Notice

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 81.170. Right to Jury

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 81.191. Appeal

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 81.210. Costs

Section 81.211. Filing and Status of Foreign Court Orders

Section 81.212. Evading or Resisting Apprehension or Transport; Criminal Penalty