Section 14.035 - Authority to Release In Lieu of Arrest Certain Persons With Intellectual or Developmental Disability(a) This article applies only to a person with an intellectual or developmental disability who resides at one of the following types of facilities operated under the home and community-based services waiver program in accordance with Section 1915(c) of the Social Security Act (42 U.S.C. Section 1396n) : (2) an intermediate care facility for persons with an intellectual or developmental disability (ICF/IID) as defined by 40 T.A.C. Section 9.153.(b) In lieu of arresting a person described by Subsection (a), a peace officer may release the person at the person's residence if the officer:(1) believes confinement of the person in a correctional facility as defined by Section 1.07, Penal Code, is unnecessary to protect the person and the other persons who reside at the residence; and(2) made reasonable efforts to consult with the staff at the person's residence and with the person regarding that decision.(c) A peace officer and the agency or political subdivision that employs the peace officer may not be held liable for damage to persons or property that results from the actions of a person released under Subsection (b).Tex. Code Crim. Proc. § 14.035
Added by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 460,Sec. 1, eff. 9/1/2019.