SECTION 903.5. Legal Basis for Institutionalization

(a) A person with a mental illness or an intellectual or developmental disability who is involuntarily committed by another state and who transfers to Texas may be detained for up to 96 hours. To detain a person for more than 96 hours, one of the following must apply:

(1) a voluntary admission to a Texas state hospital or SSLC;

(2) an order of protective custody; or

(3) a commitment order of a Texas court.

(b) An appropriate court in the county of a state hospital or local authority's service area may conduct commitment proceedings of a person transferred to the state hospital or local authority from another state.

(c) Court commitment of a person with intellectual and developmental disabilities to an SSLC is governed by Texas Health and Safety Code §593.041 and §593.052.

(d) Voluntary admission of a person with an intellectual and developmental disability to an SSLC is governed by Texas Health and Safety Code Chapter 593, Subchapters A and B and 40 TAC Chapter 2, subchapter F (relating to Continuity of Services--State Facilities).

(e) Voluntary admission of a person with mental illness to a state hospital is governed by Chapter 306, subchapter D of this title (relating to Mental Health Services--Admission, Continuity, and Discharge) and Texas Health and Safety Code Chapter 572.

Source Note: The provisions of this §903.5 adopted to be effective January 18, 2021, 46 TexReg 459