Texas Health and Safety Code

§ 81.171 — RELEASE AFTER HEARING

HS § 81.171Title 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

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(a)The court shall enter an order denying an application for a court order for temporary or extended management if after a hearing the judge or jury fails to find, from clear and convincing evidence, that the person:

(1)is infected with or is reasonably suspected of being infected with a communicable disease that presents a threat to the public health;

(2)has refused or failed to follow the orders of the health authority if the application is for inpatient treatment; and

(3)meets the applicable criteria for orders for the management of a person with a communicable disease.

(b)If the court denies the application, the court shall order the immediate release of a person who is not at liberty.

Legislative history

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 242, Sec. 10, eff. May 23, 1997.