Texas § HS.574.021 - MOTION FOR ORDER OF PROTECTIVE CUSTODY
Full text of Texas The Texas Constitution § HS.574.021 — MOTION FOR ORDER OF PROTECTIVE CUSTODY, with citation guidance and answers to common questions.
§ HS.574.021. MOTION FOR ORDER OF PROTECTIVE CUSTODY
MOTION FOR ORDER OF PROTECTIVE CUSTODY. (a) A motion for an order of protective custody may be filed only in the court in which an application for court-ordered mental health services is pending. (b) The motion may be filed by the county or district attorney or on the court's own motion. (c) The motion must state that: (1) the judge or county or district attorney has reason to believe and does believe that the proposed patient meets the criteria authorizing the court to order protective custody; and (2) the belief is derived from: (A) the representations of a credible person; (B) the proposed patient's conduct; or (C) the circumstances under which the proposed patient is found. (d) The motion must be accompanied by a certificate of medical examination for mental illness prepared by a physician who has examined the proposed patient not earlier than the third day before the day the motion is filed. (e) The judge of the court in which the application is pending may designate a magistrate to issue protective custody orders, including a magistrate appointed by the judge of another court if the magistrate has at least the qualifications required for a magistrate of the court in which the application is pending. A magistrate's duty under this section is in addition to the magistrate's duties prescribed by other law. Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 2001, 77th Leg., ch. 1278, Sec. 1, eff. June 15, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 202 (H.B. 518 ), Sec. 2, eff. September 1, 2007.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § HS.574.021
What does The Texas Constitution § HS.574.021 cover?
Section HS.574.021 ("MOTION FOR ORDER OF PROTECTIVE CUSTODY") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § HS.574.021?
A common citation format is "The Texas Constitution § HS.574.021" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § HS.574.021 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.