Texas Health and Safety Code

Sec. § 574.028
Release From Detention


The magistrate or associate judge shall order the release of a person under a protective custody order if the magistrate or associate judge determines after the hearing under Section 574.025 (Probable Cause Hearing) that no probable cause exists to believe that the proposed patient presents a substantial risk of serious harm to himself or others.


Arrangements shall be made to return a person released under Subsection (a) to:


the location of the person’s apprehension;


the person’s residence in this state; or


another suitable location.


A facility administrator shall discharge a person held under a protective custody order if:


the facility administrator does not receive notice that the person’s continued detention is authorized after a probable cause hearing held within 72 hours after the detention began, excluding Saturdays, Sundays, legal holidays, and the period prescribed by Section 574.025 (Probable Cause Hearing)(b) for extreme emergencies;


a final order for court-ordered mental health services has not been entered within the time prescribed by Section 574.005 (Setting on Application); or


the facility administrator or the administrator’s designee determines that the person no longer meets the criteria for protective custody prescribed by Section 574.022 (Issuance of Order).
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 334 (H.B. 890), Sec. 6, eff. September 1, 2009.

Last accessed
Jun. 7, 2021