Tex. Health & Safety Code Section 593.052
Order for Commitment


(a)

A proposed resident may not be committed to a residential care facility unless:

(1)

the proposed resident is a person with an intellectual disability;

(2)

a petition to the court to issue a commitment order by the guardian of the proposed resident or, if the proposed resident is a minor, the parent of the proposed resident or the current interdisciplinary team report and recommendations, if applicable, show that because of the proposed resident’s intellectual disability, the proposed resident:

(A)

represents a substantial risk of physical impairment or injury to the proposed resident or others; or

(B)

is unable to provide for and is not providing for the proposed resident’s most basic personal physical needs;

(3)

the proposed resident cannot be adequately and appropriately habilitated in an available, less restrictive setting; and

(4)

the residential care facility provides habilitative services, care, training, and treatment appropriate to the proposed resident’s needs.

(b)

If it is determined that the requirements of Subsection (a) have been met and that long-term placement in a residential care facility is appropriate, the court shall commit the proposed resident for care, treatment, and training to a community center or the department when space is available in a residential care facility.

(c)

The court shall immediately send a copy of the commitment order to the department or community center.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1448, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 1145 (S.B. 944), Sec. 6, eff. September 1, 2023.

Source: Section 593.052 — Order for Commitment, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­593.­htm#593.­052 (accessed Jun. 5, 2024).

593.001
Admission
593.002
Consent Required
593.003
Requirement of Determination of an Intellectual Disability
593.004
Application for Determination of an Intellectual Disability
593.005
Determination of an Intellectual Disability
593.006
Report
593.007
Notification of Certain Rights
593.008
Administrative Hearing
593.009
Hearing Report
593.010
Appeal
593.011
Fees for Services
593.012
Absent Without Authority
593.013
Interdisciplinary Team Recommendation
593.014
Epilepsy
593.021
Application for Voluntary Services
593.022
Admission to Voluntary Intellectual Disability Services
593.023
Rules Relating to Planning of Services or Treatment
593.024
Application for Voluntary Residential Care Services
593.025
Placement Preference
593.026
Regular Voluntary Admission
593.027
Emergency Admission
593.028
Respite Care
593.029
Treatment of Minor Who Reaches Majority
593.030
Withdrawal from Services
593.041
Application for Placement
593.042
Form of Application
593.043
Representation by Counsel
593.044
Order for Protective Custody
593.045
Detention in Protective Custody
593.046
Release from Protective Custody
593.047
Setting on Application
593.048
Hearing Notice
593.049
Hearing Before Jury
593.050
Conduct of Hearing
593.051
Dismissal After Hearing
593.052
Order for Commitment
593.053
Decision
593.054
Not a Judgment of Incompetence
593.055
Designation of Facility
593.056
Appeal
593.071
Application of Subchapter
593.072
Inability to Pay
593.073
Determination of Residential Costs
593.074
Maximum Fees
593.075
Sliding Fee Schedule
593.076
Fee Schedule for Divorced Parents
593.077
Child Support Payments for Benefit of Resident
593.078
Payment for Adult Residents
593.080
State Claims for Unpaid Fees
593.081
Trust Exemption
593.082
Filing of Claims
593.091
Admission and Commitment
593.092
Discharge of Person Voluntarily Admitted to Residential Care Facility
593.093
Reimbursement to County
593.0275
Emergency Services
593.0511
Long-term Placement Without Interdisciplinary Team Recommendation

Accessed:
Jun. 5, 2024

§ 593.052’s source at texas​.gov