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Texas Health & Safety Code - Section 462.043. Issuance Of Warrant

Legal Research Home > Texas Laws > Health & Safety Code > Texas Health & Safety Code - Section 462.043. Issuance Of Warrant

§ 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