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Tex. Health & Safety Code § 574.005

SETTING ON APPLICATION

Known as the Texas Mental Health Code

The act spans §§ 571–580 (237 sections).

Applied in 1 court decision — leading case Shike v. State (1997)

Most recently applied in Shike v. State (July 1997)

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff

(a) The judge or a magistrate designated under Section 574.021(e) shall set a date for a hearing to be held within 14 days after the date on which the application is filed.

(b) The hearing may not be held during the first three days after the application is filed if the proposed patient or the proposed patient's attorney objects.

(c) The court may grant one or more continuances of the hearing on the motion by a party and for good cause shown or on agreement of the parties. However, the hearing shall be held not later than the 30th day after the date on which the original application is filed. If extremely hazardous weather conditions exist or a disaster occurs that threatens the safety of the proposed patient or other essential parties to the hearing, the judge or magistrate may, by written order made each day, postpone the hearing for 24 hours. The written order must declare that an emergency exists because of the weather or the occurrence of a disaster.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.