Texas Health and Safety Code
§ 81.162 — ISSUANCE OF ORDER
HS § 81.162Title 2. HEALTH · Part D. PREVENTION, CONTROL, AND REPORTS OF DISEASES; PUBLIC HEALTH DISASTERS AND EMERGENCIES · Ch. 81. COMMUNICABLE DISEASES; PUBLIC HEALTH DISASTERS; PUBLIC HEALTH EMERGENCIES · Art. G. COURT ORDERS FOR MANAGEMENT OF PERSONS WITH COMMUNICABLE DISEASES
Statute text
View on source(a)The judge or designated magistrate may issue a protective custody order if the judge or magistrate determines:
(1)that the health authority or department has stated its opinion and the detailed basis for its opinion that the person is infected with or is reasonably suspected of being infected with a communicable disease that presents an immediate threat to the public health; and
(2)that the person fails or refuses to comply with the written orders of the health authority or the department under Section 81.083, if applicable.
(b)Noncompliance with orders issued under Section 81.083 may be demonstrated by the person's behavior to the extent that the person cannot remain at liberty.
(c)The judge or magistrate may consider only the application and affidavit in making a determination that the person meets the criteria prescribed by Subsection (a). If only the application and certificate are considered the judge or magistrate must determine that the conclusions of the health authority or department are adequately supported by the information provided.
(d)The judge or magistrate may take additional evidence if a fair determination of the matter cannot be made from consideration of the application and affidavit only.
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Legislative history
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 14.08, eff. September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch. 314 (H.B. 1690), Sec. 5, eff. June 14, 2013.