Persons with an Intellectual Disability Act
Texas · HS · §§ 591.001 to 597.054 · 170 sections
Overview
The Persons with an Intellectual Disability Act governs how the state provides services, care, and treatment to people with intellectual disabilities, and sets out the rights those individuals hold in institutional and community settings. It assigns responsibilities to the state department overseeing this population — rulemaking, long-range planning, standards of care, and duties for facility directors — while guaranteeing rights covering education, employment, housing, medical and dental care, freedom from mistreatment and unnecessary medication, and protection from abuse and exploitation, all under a least-restrictive-alternative standard. The act also establishes the procedures by which an intellectual disability is determined, including consent requirements, individualized planning with periodic review, administrative hearings, independent redetermination, and grievance channels, and it backs these requirements with criminal and civil penalties, injunctive relief, and provisions governing liability and civil actions against department employees.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 81 court decisions.
Most-cited authority: 135 SW3D 1 - Ex Parte Briseno
Sections covered
- Tex. Health & Safety Code § 591.001SHORT TITLE1 cite
- Tex. Health & Safety Code § 591.002PURPOSE2 cites
- Tex. Health & Safety Code § 591.003DEFINITIONS49 cites
- Tex. Health & Safety Code § 591.004RULES
- Tex. Health & Safety Code § 591.005LEAST RESTRICTIVE ALTERNATIVE
- Tex. Health & Safety Code § 591.006CONSENT
- Tex. Health & Safety Code § 591.011DEPARTMENT RESPONSIBILITIES
- Tex. Health & Safety Code § 591.013LONG-RANGE PLAN
- Tex. Health & Safety Code § 591.021CRIMINAL PENALTY
- Tex. Health & Safety Code § 591.022CIVIL PENALTY1 cite
- Tex. Health & Safety Code § 591.023INJUNCTIVE RELIEF; CIVIL PENALTY
- Tex. Health & Safety Code § 591.024CIVIL ACTION AGAINST DEPARTMENT EMPLOYEE1 cite
- Tex. Health & Safety Code § 591.025LIABILITY
- Tex. Health & Safety Code § 592.001PURPOSE
- Tex. Health & Safety Code § 592.002RULES
- Tex. Health & Safety Code § 592.011RIGHTS GUARANTEED1 cite
- Tex. Health & Safety Code § 592.012PROTECTION FROM EXPLOITATION AND ABUSE2 cites
- Tex. Health & Safety Code § 592.013LEAST RESTRICTIVE LIVING ENVIRONMENT1 cite
- Tex. Health & Safety Code § 592.014EDUCATION
- Tex. Health & Safety Code § 592.015EMPLOYMENT3 cites
- Tex. Health & Safety Code § 592.016HOUSING
- Tex. Health & Safety Code § 592.017TREATMENT AND SERVICES
- Tex. Health & Safety Code § 592.018DETERMINATION OF AN INTELLECTUAL DISABILITY2 cites
- Tex. Health & Safety Code § 592.019ADMINISTRATIVE HEARING
- Tex. Health & Safety Code § 592.020INDEPENDENT DETERMINATION OF AN INTELLECTUAL DISABILITY
- Tex. Health & Safety Code § 592.021ADDITIONAL RIGHTS
- Tex. Health & Safety Code § 592.031RIGHTS IN GENERAL
- Tex. Health & Safety Code § 592.032LEAST RESTRICTIVE ALTERNATIVE2 cites
- Tex. Health & Safety Code § 592.033INDIVIDUALIZED PLAN
- Tex. Health & Safety Code § 592.034REVIEW AND REEVALUATION
- Tex. Health & Safety Code § 592.035PARTICIPATION IN PLANNING
- Tex. Health & Safety Code § 592.036WITHDRAWAL FROM VOLUNTARY SERVICES
- Tex. Health & Safety Code § 592.037FREEDOM FROM MISTREATMENT1 cite
- Tex. Health & Safety Code § 592.038FREEDOM FROM UNNECESSARY MEDICATION
- Tex. Health & Safety Code § 592.039GRIEVANCES
- Tex. Health & Safety Code § 592.040INFORMATION ABOUT RIGHTS
- Tex. Health & Safety Code § 592.051GENERAL RIGHTS OF RESIDENTS
- Tex. Health & Safety Code § 592.052MEDICAL AND DENTAL CARE AND TREATMENT
- Tex. Health & Safety Code § 592.053STANDARDS OF CARE
- Tex. Health & Safety Code § 592.054DUTIES OF DIRECTOR
- Tex. Health & Safety Code § 592.055UNUSUAL OR HAZARDOUS TREATMENT
- Tex. Health & Safety Code § 592.056NOTIFICATION OF TRUST EXEMPTION
- Tex. Health & Safety Code § 592.102USE OF RESTRAINTS
- Tex. Health & Safety Code § 592.103STANDING ORDERS FOR RESTRAINTS PROHIBITED
- Tex. Health & Safety Code § 592.104STRAITJACKETS PROHIBITED
- Tex. Health & Safety Code § 592.105DUTY TO REPORT
- Tex. Health & Safety Code § 592.106CONFLICT WITH OTHER LAW
- Tex. Health & Safety Code § 592.151DEFINITIONS
- Tex. Health & Safety Code § 592.152ADMINISTRATION OF PSYCHOACTIVE MEDICATION
- Tex. Health & Safety Code § 592.153ADMINISTRATION OF MEDICATION TO CLIENT COMMITTED TO RESIDENTIAL CARE FACILITY
- Tex. Health & Safety Code § 592.154PHYSICIAN'S APPLICATION FOR ORDER TO AUTHORIZE PSYCHOACTIVE MEDICATION; DATE OF HEARING
- Tex. Health & Safety Code § 592.155RIGHTS OF CLIENT
- Tex. Health & Safety Code § 592.156HEARING AND ORDER AUTHORIZING PSYCHOACTIVE MEDICATION
- Tex. Health & Safety Code § 592.157FINDING THAT CLIENT PRESENTS A DANGER
- Tex. Health & Safety Code § 592.158APPEAL
- Tex. Health & Safety Code § 592.159EFFECT OF ORDER
- Tex. Health & Safety Code § 592.160EXPIRATION OF ORDER
- Tex. Health & Safety Code § 593.001ADMISSION
- Tex. Health & Safety Code § 593.002CONSENT REQUIRED
- Tex. Health & Safety Code § 593.003REQUIREMENT OF DETERMINATION OF AN INTELLECTUAL DISABILITY
- Tex. Health & Safety Code § 593.004APPLICATION FOR DETERMINATION OF AN INTELLECTUAL DISABILITY
- Tex. Health & Safety Code § 593.005DETERMINATION OF AN INTELLECTUAL DISABILITY
- Tex. Health & Safety Code § 593.006REPORT
- Tex. Health & Safety Code § 593.007NOTIFICATION OF CERTAIN RIGHTS
- Tex. Health & Safety Code § 593.008ADMINISTRATIVE HEARING
- Tex. Health & Safety Code § 593.009HEARING REPORT; FINAL DECISION
- Tex. Health & Safety Code § 593.010APPEAL
- Tex. Health & Safety Code § 593.011FEES FOR SERVICES
- Tex. Health & Safety Code § 593.012ABSENT WITHOUT AUTHORITY
- Tex. Health & Safety Code § 593.013INTERDISCIPLINARY TEAM RECOMMENDATION1 cite
- Tex. Health & Safety Code § 593.014EPILEPSY
- Tex. Health & Safety Code § 593.021APPLICATION FOR VOLUNTARY SERVICES
- Tex. Health & Safety Code § 593.022ADMISSION TO VOLUNTARY INTELLECTUAL DISABILITY SERVICES
- Tex. Health & Safety Code § 593.023RULES RELATING TO PLANNING OF SERVICES OR TREATMENT
- Tex. Health & Safety Code § 593.024APPLICATION FOR VOLUNTARY RESIDENTIAL CARE SERVICES
- Tex. Health & Safety Code § 593.025PLACEMENT PREFERENCE
- Tex. Health & Safety Code § 593.026REGULAR VOLUNTARY ADMISSION
- Tex. Health & Safety Code § 593.027EMERGENCY ADMISSION
- Tex. Health & Safety Code § 593.0275EMERGENCY SERVICES
- Tex. Health & Safety Code § 593.028RESPITE CARE
- Tex. Health & Safety Code § 593.029TREATMENT OF MINOR WHO REACHES MAJORITY
- Tex. Health & Safety Code § 593.030WITHDRAWAL FROM SERVICES
- Tex. Health & Safety Code § 593.041APPLICATION FOR PLACEMENT; JURISDICTION3 cites
- Tex. Health & Safety Code § 593.042FORM OF APPLICATION
- Tex. Health & Safety Code § 593.043REPRESENTATION BY COUNSEL; APPOINTMENT OF ATTORNEY
- Tex. Health & Safety Code § 593.044ORDER FOR PROTECTIVE CUSTODY
- Tex. Health & Safety Code § 593.045DETENTION IN PROTECTIVE CUSTODY
- Tex. Health & Safety Code § 593.046RELEASE FROM PROTECTIVE CUSTODY
- Tex. Health & Safety Code § 593.047SETTING ON APPLICATION
- Tex. Health & Safety Code § 593.048HEARING NOTICE
- Tex. Health & Safety Code § 593.049HEARING BEFORE JURY; PROCEDURE
- Tex. Health & Safety Code § 593.050CONDUCT OF HEARING1 cite
- Tex. Health & Safety Code § 593.051DISMISSAL AFTER HEARING1 cite
- Tex. Health & Safety Code § 593.0511LONG-TERM PLACEMENT WITHOUT INTERDISCIPLINARY TEAM RECOMMENDATION
- Tex. Health & Safety Code § 593.052ORDER FOR COMMITMENT3 cites
- Tex. Health & Safety Code § 593.053DECISION
- Tex. Health & Safety Code § 593.054NOT A JUDGMENT OF INCOMPETENCE2 cites
- Tex. Health & Safety Code § 593.055DESIGNATION OF FACILITY
- Tex. Health & Safety Code § 593.056APPEAL4 cites
- Tex. Health & Safety Code § 593.071APPLICATION OF SUBCHAPTER
- Tex. Health & Safety Code § 593.072INABILITY TO PAY
- Tex. Health & Safety Code § 593.073DETERMINATION OF RESIDENTIAL COSTS
- Tex. Health & Safety Code § 593.074MAXIMUM FEES
- Tex. Health & Safety Code § 593.075SLIDING FEE SCHEDULE
- Tex. Health & Safety Code § 593.076FEE SCHEDULE FOR DIVORCED PARENTS
- Tex. Health & Safety Code § 593.077CHILD SUPPORT PAYMENTS FOR BENEFIT OF RESIDENT
- Tex. Health & Safety Code § 593.078PAYMENT FOR ADULT RESIDENTS
- Tex. Health & Safety Code § 593.080STATE CLAIMS FOR UNPAID FEES
- Tex. Health & Safety Code § 593.081TRUST EXEMPTION
- Tex. Health & Safety Code § 593.082FILING OF CLAIMS
- Tex. Health & Safety Code § 593.091ADMISSION AND COMMITMENT
- Tex. Health & Safety Code § 593.092DISCHARGE OF PERSON VOLUNTARILY ADMITTED TO RESIDENTIAL CARE FACILITY
- Tex. Health & Safety Code § 593.093REIMBURSEMENT TO COUNTY
- Tex. Health & Safety Code § 594.001APPLICABILITY OF CHAPTER
- Tex. Health & Safety Code § 594.002LEAVE; FURLOUGH
- Tex. Health & Safety Code § 594.003HABEAS CORPUS
- Tex. Health & Safety Code § 594.011SERVICE PROVIDER
- Tex. Health & Safety Code § 594.012REQUEST BY CLIENT, PARENT, OR GUARDIAN
- Tex. Health & Safety Code § 594.013NOTICE OF TRANSFER OR DISCHARGE; APPROVAL
- Tex. Health & Safety Code § 594.014RIGHT TO ADMINISTRATIVE HEARING
- Tex. Health & Safety Code § 594.015ADMINISTRATIVE HEARING
- Tex. Health & Safety Code § 594.016DECISION
- Tex. Health & Safety Code § 594.017APPEAL
- Tex. Health & Safety Code § 594.018NOTICE TO COMMITTING COURT
- Tex. Health & Safety Code § 594.019ALTERNATIVE SERVICES
- Tex. Health & Safety Code § 594.0301DEFINITION
- Tex. Health & Safety Code § 594.031TRANSFER OF VOLUNTARY RESIDENT
- Tex. Health & Safety Code § 594.032TRANSFER OF COURT-COMMITTED RESIDENT
- Tex. Health & Safety Code § 594.033EVALUATION; COURT ORDER
- Tex. Health & Safety Code § 594.034REQUEST FOR TRANSFER ORDER
- Tex. Health & Safety Code § 594.035HEARING DATE
- Tex. Health & Safety Code § 594.036NOTICE
- Tex. Health & Safety Code § 594.037HEARING LOCATION
- Tex. Health & Safety Code § 594.038HEARING BEFORE JURY
- Tex. Health & Safety Code § 594.039RESIDENT PRESENT AT HEARING
- Tex. Health & Safety Code § 594.040OPENING HEARING
- Tex. Health & Safety Code § 594.041MEDICAL EVIDENCE
- Tex. Health & Safety Code § 594.042HEARING DETERMINATION
- Tex. Health & Safety Code § 594.043DISCHARGE OF RESIDENT
- Tex. Health & Safety Code § 594.044TRANSFER TO RESIDENTIAL CARE FACILITY
- Tex. Health & Safety Code § 594.045RETURN OF COURT-ORDERED TRANSFER RESIDENT
- Tex. Health & Safety Code § 595.001CONFIDENTIALITY OF RECORDS
- Tex. Health & Safety Code § 595.002RULES
- Tex. Health & Safety Code § 595.003CONSENT TO DISCLOSURE
- Tex. Health & Safety Code § 595.004RIGHT TO PERSONAL RECORD
- Tex. Health & Safety Code § 595.005EXCEPTIONS
- Tex. Health & Safety Code § 595.0055DISCLOSURE OF NAME AND BIRTH AND DEATH DATES FOR CERTAIN PURPOSES
- Tex. Health & Safety Code § 595.006USE OF RECORD IN CRIMINAL PROCEEDINGS
- Tex. Health & Safety Code § 595.007CONFIDENTIALITY OF PAST SERVICES
- Tex. Health & Safety Code § 595.008EXCHANGE OF RECORDS
- Tex. Health & Safety Code § 595.009RECEIPT OF INFORMATION BY PERSONS OTHER THAN CLIENT OR PATIENT
- Tex. Health & Safety Code § 595.010DISCLOSURE OF PHYSICAL OR MENTAL CONDITION
- Tex. Health & Safety Code § 597.001DEFINITIONS
- Tex. Health & Safety Code § 597.002RULES
- Tex. Health & Safety Code § 597.003EXCEPTIONS
- Tex. Health & Safety Code § 597.021ICF-IID ASSESSMENT OF CLIENT'S CAPACITY TO CONSENT TO TREATMENT
- Tex. Health & Safety Code § 597.041SURROGATE DECISION-MAKERS
- Tex. Health & Safety Code § 597.042SURROGATE CONSENT COMMITTEE ESTABLISHED; DEPARTMENTAL SUPPORT
- Tex. Health & Safety Code § 597.043COMMITTEE MEMBERSHIP
- Tex. Health & Safety Code § 597.044APPLICATION FOR TREATMENT DECISION
- Tex. Health & Safety Code § 597.045NOTICE OF REVIEW OF APPLICATION FOR TREATMENT DECISION
- Tex. Health & Safety Code § 597.046PREREVIEW OF APPLICATION
- Tex. Health & Safety Code § 597.047CONFIDENTIAL INFORMATION
- Tex. Health & Safety Code § 597.048REVIEW OF APPLICATION
- Tex. Health & Safety Code § 597.049DETERMINATION OF BEST INTEREST
- Tex. Health & Safety Code § 597.050NOTICE OF DETERMINATION
- Tex. Health & Safety Code § 597.051EFFECT OF COMMITTEE'S DETERMINATION
- Tex. Health & Safety Code § 597.052SCOPE OF CONSENT
- Tex. Health & Safety Code § 597.053APPEALS
- Tex. Health & Safety Code § 597.054PROCEDURES
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