Texas § 81.168 RELEASE FROM DETENTION.

Texas Statutes

§ 81.168 — RELEASE FROM DETENTION.

Texas § 81.168

Code HSHealth and Safety Code

This text of Texas § 81.168 (RELEASE FROM DETENTION.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Health and Safety Code Code Ann. § 81.168 (2026).

Text

Sec. 81.168. RELEASE FROM DETENTION.

(a)The magistrate or master shall order the release of a person under a protective custody order if the magistrate or master determines after the hearing under Section 81.165 that no probable cause exists to believe that the person presents a substantial risk of serious harm to himself or others.

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

(1)the location at which the person was apprehended;

(2)the person's place of residence in this state; or

(3)another suitable location.

(c)The head of a facility shall discharge a person held under a protective custody order if:

(1)the head of the facility does not receive notice within 72 hours after detention begins, excluding Saturdays, Sundays, legal holidays, the peri

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Sec. 81.168. RELEASE FROM DETENTION. (a) The magistrate or master shall order the release of a person under a protective custody order if the magistrate or master determines after the hearing under Section 81.165 that no probable cause exists to believe that the person presents a substantial risk of serious harm to himself or others.
(b) Arrangements shall be made to return a person released under Subsection (a) to:
(1) the location at which the person was apprehended;
(2) the person's place of residence in this state; or
(3) another suitable location.
(c) The head of a facility shall discharge a person held under a protective custody order if:
(1) the head of the facility does not receive notice within 72 hours after detention begins, excluding Saturdays, Sundays, legal holidays, the period prescribed by Section 81.165 (b) for an extreme weather emergency, and the duration of a public health disaster, that a probable cause hearing was held and the person's continued detention was authorized;
(2) a final court order for the management of a person with a communicable disease has not been entered within the time prescribed by Section 81.154 ; or
(3) the health authority or commissioner determines that the person no longer meets the criteria for protective custody prescribed by Section 81.162 .

Legislative History

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by: Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11 ), Sec. 14.11, eff. September 1, 2007.