Section 841.0838 - Use Of Restraints(a) An employee of the office, or a person who contracts with the office or an employee of that person, may use mechanical restraints on a committed person residing in a civil commitment center or while transporting a committed person who resides at the center only if: (1) the employee or person completes a training program approved by the office on the use of mechanical restraints that: (A) includes instruction on the office's approved mechanical restraint techniques and devices and the office's verbal de-escalation policies, procedures, and practices; and (B) requires the employee or person to demonstrate competency in the use of the mechanical restraint techniques and devices; and (2) the mechanical restraint is: (A) considered necessary to maintain the safety and security of the center or staff ; (B) considered necessary to maintain the safety of the public ; and
(C) the least restrictive restraint necessary, used for the minimum duration necessary. (b) An employee of the office, or a person who contracts with the office or an employee of that person, may use chemical restraints on a committed person residing in a civil commitment center or while transporting a committed person who resides at the center only if: (1) the employee or person completes a training program approved by the office on the use of chemical restraints that: (A) includes instruction on the office's approved chemical restraint techniques and devices and the office's verbal de-escalation policies, procedures, and practices; and (B) requires the employee or person to demonstrate competency in the use of chemical restraint techniques and devices; and (2) the chemical restraint is: (A) used as a last resort; (B) necessary to prevent or stop: (i) physical injury to the committed person or another; (ii) threatening behavior by the committed person; (iii) a disturbance by a group of committed persons; or (iv) an absconsion from the center; and (C) the least restrictive restraint necessary, used for the minimum duration necessary, to prevent injury, property damage, or absconsion. (c) The office shall develop procedures governing the use of mechanical or chemical restraints on committed persons. Tex. Health and Safety Code § 841.0838
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 351,Sec. 24, eff. 9/1/2023.Added by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 34,Sec. 21, eff. 9/1/2017.