Sec. 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 person with a chemical dependency;
(2) the person evidences a substantial risk of serious harm to the person 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, Sec. 175, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 243, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1168, eff. April 2, 2015.
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