Texas Health & Safety Code - Section 462.043. Issuance Of Warrant
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Texas Laws > Health & Safety Code > Texas Health & Safety Code - Section 462.043. Issuance Of Warrant
Section: 462.022 462.023 462.0235 462.024 462.025 462.041 462.042 462.043 462.044 462.045 462.046 462.047 462.048 462.061 462.062
§ 462.043. ISSUANCE OF WARRANT. (a) An applicant for
emergency detention must present the application personally to a
judge or magistrate. The judge or magistrate shall examine the
application and may interview the applicant. Except as provided by
Subsection (f), the judge of a court with probate jurisdiction by
administrative order may provide that the application must be:
(1) presented personally to the court; or
(2) retained by court staff and presented to another
judge or magistrate as soon as is practicable if the judge of the
court is not available at the time the application is presented.
(b) The judge or magistrate shall deny the application
unless the judge or magistrate finds that there is reasonable cause
to believe that:
(1) the person who is the subject of the application is
a chemically dependent person;
(2) the person evidences a substantial risk of serious
harm to himself or others;
(3) the risk of harm is imminent unless the person is
immediately restrained; and
(4) the necessary restraint cannot be accomplished
without emergency detention.
(c) The judge or magistrate shall issue a warrant for the
person's immediate apprehension if the judge or magistrate finds
that each criteria under Subsection (b) is satisfied.
(d) A person apprehended under this section shall be
transported for a preliminary examination in accordance with
Section 462.044 to:
(1) a treatment facility; or
(2) another appropriate facility if a treatment
facility is not readily available.
(e) The warrant and copies of the application for the
warrant shall be served on the person as soon as possible and
transmitted to the facility.
(f) If there is more than one court with probate
jurisdiction in a county, an administrative order regarding
presentation of an application must be jointly issued by all of the
judges of those courts.
Amended by Acts 1991, 72nd Leg., ch. 14, § 175, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 243, § 1, eff. Aug. 28, 1995.
Last modified: August 11, 2007