Tex. Code of Crim. Proc. Article 16.23
Diversion of Persons Suffering Mental Health Crisis or Substance Abuse Issue

(a)

Each law enforcement agency shall make a good faith effort to divert a person suffering a mental health crisis or suffering from the effects of substance abuse to a proper treatment center in the agency’s jurisdiction if:

(1)

there is an available and appropriate treatment center in the agency’s jurisdiction to which the agency may divert the person;

(2)

it is reasonable to divert the person;

(3)

the offense that the person is accused of is a misdemeanor, other than a misdemeanor involving violence; and

(4)

the mental health crisis or substance abuse issue is suspected to be the reason the person committed the alleged offense.

(b)

Subsection (a) does not apply to a person who is accused of an offense under Section 49.04 (Driving While Intoxicated), 49.045 (Driving While Intoxicated with Child Passenger), 49.05 (Flying While Intoxicated), 49.06 (Boating While Intoxicated), 49.061 (Boating While Intoxicated with Child Passenger), 49.065 (Assembling or Operating an Amusement Ride While Intoxicated), 49.07 (Intoxication Assault), or 49.08 (Intoxication Manslaughter), Penal Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 2.02, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 6, eff. September 1, 2023.

Source: Article 16.23 — Diversion of Persons Suffering Mental Health Crisis or Substance Abuse Issue, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­16.­htm#16.­23 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

Art. 16.23’s source at texas​.gov