Tex. Health & Safety Code Section 574.069
Hearing on Request for Reexamination

(a)

A court that required a patient’s reexamination under Section 574.068 (Request for Reexamination) may set a date and place for a hearing on the request if, not later than the 10th day after the date on which the request is filed:

(1)

a certificate of medical examination for mental illness stating that the patient continues to meet the criteria for court-ordered extended mental health services has been filed; or

(2)

a certificate has not been filed and the patient has not been discharged.

(b)

At the time the hearing is set, the judge shall:

(1)

appoint an attorney to represent a patient who does not have an attorney; and

(2)

give notice of the hearing to the patient, the patient’s attorney, and the facility administrator.

(c)

The judge shall appoint a physician to examine the patient and file a certificate of medical examination for mental illness with the court. The judge shall appoint a physician who is not on the staff of the mental health facility in which the patient is receiving services and who is a psychiatrist if a psychiatrist is available in the county. The court shall ensure that the patient may be examined by a physician of the patient’s choice and at the patient’s own expense if requested by the patient.

(d)

The hearing is held before the court and without a jury. The hearing must be held in accordance with the requirements for a hearing on an application for court-ordered mental health services.

(e)

The court shall dismiss the request if the court finds from clear and convincing evidence that the patient continues to meet the criteria for court-ordered extended mental health services prescribed by Section 574.035 (Order for Extended Inpatient Mental Health Services) or 574.0355 (Order for Extended Outpatient Mental Health Services).

(f)

The judge shall order the facility administrator to discharge the patient if the court fails to find from clear and convincing evidence that the patient continues to meet the criteria.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 20, eff. September 1, 2019.

Source: Section 574.069 — Hearing on Request for Reexamination, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­574.­htm#574.­069 (accessed Jun. 5, 2024).

574.001
Application for Court-ordered Mental Health Services 574.002
Form of Application 574.003
Appointment of Attorney 574.004
Duties of Attorney 574.005
Setting on Application 574.006
Notice 574.007
Disclosure of Information 574.008
Court Jurisdiction and Transfer 574.009
Requirement of Medical Examination 574.010
Independent Psychiatric Evaluation and Expert Testimony 574.011
Certificate of Medical Examination for Mental Illness 574.012
Recommendation for Treatment 574.013
Liberty Pending Hearing 574.014
Compilation of Mental Health Commitment Records 574.021
Motion for Order of Protective Custody 574.022
Issuance of Order 574.023
Apprehension Under Order 574.024
Appointment of Attorney 574.025
Probable Cause Hearing 574.026
Order for Continued Detention 574.027
Detention in Protective Custody 574.028
Release from Detention 574.031
General Provisions Relating to Hearing 574.032
Right to Jury 574.033
Release After Hearing 574.034
Order for Temporary Inpatient Mental Health Services 574.035
Order for Extended Inpatient Mental Health Services 574.036
Order of Care or Commitment 574.037
Court-ordered Outpatient Services 574.041
Designation of Facility 574.042
Commitment to Private Facility 574.043
Commitment to Federal Facility 574.044
Commitment to Facility of Texas Department of Criminal Justice 574.045
Transportation of Patient 574.046
Writ of Commitment 574.047
Transcript 574.048
Acknowledgment of Patient Delivery 574.061
Modification of Order for Inpatient Treatment 574.062
Motion for Modification of Order for Outpatient Treatment 574.063
Order for Temporary Detention 574.064
Apprehension and Release Under Temporary Detention Order 574.065
Order of Modification of Order for Outpatient Services 574.066
Renewal of Order for Extended Mental Health Services 574.067
Motion for Rehearing 574.068
Request for Reexamination 574.069
Hearing on Request for Reexamination 574.070
Appeal 574.081
Continuing Care Plan Before Furlough or Discharge 574.082
Pass or Furlough from Inpatient Care 574.083
Return to Facility Under Certificate of Facility Administrator or Court Order 574.084
Revocation of Furlough 574.0085
Associate Judges 574.085
Discharge on Expiration of Court Order 574.086
Discharge Before Expiration of Court Order 574.087
Certificate of Discharge 574.088
Relief from Disabilities in Mental Health Cases 574.089
Transportation Plan for Furlough or Discharge 574.101
Definitions 574.102
Application of Subchapter 574.103
Administration of Medication to Patient Under Court-ordered Mental Health Services 574.104
Physician’s Application for Order to Authorize Psychoactive Medication 574.105
Rights of Patient 574.106
Hearing and Order Authorizing Psychoactive Medication 574.107
Costs 574.108
Appeal 574.109
Effect of Order 574.110
Expiration of Order 574.0125
Identification of Person Responsible for Court-ordered Outpatient Mental Health Services 574.151
Applicability 574.152
Capacity to Consent to Voluntary Admission 574.153
Rights of Person Admitted to Voluntary Inpatient Treatment 574.154
Participation in Research Program 574.201
Application of Subchapter 574.202
Certain Testimony by Closed-circuit Video Teleconferencing Permitted 574.203
Use of Secure Electronic Communication Method in Certain Proceedings Under This Chapter 574.0345
Order for Temporary Outpatient Mental Health Services 574.0355
Order for Extended Outpatient Mental Health Services 574.0415
Information on Medications 574.0455
List of Qualified Transportation Service Providers 574.0456
Transportation of Patient to Another State 574.0665
Status Conference 574.1065
Finding that Patient Presents a Danger
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 574.069’s source at texas​.gov