Section 574.028 - Release From Detention(a) The magistrate or associate judge shall order the release of a person under a protective custody order if the magistrate or associate judge determines after the hearing under Section 574.025 that no probable cause exists to believe that the proposed patient 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 of the person's apprehension;(2) the person's residence in this state; or(3) another suitable location.(c) A facility administrator shall discharge a person held under a protective custody order if: (1) the facility administrator does not receive notice that the person's continued detention is authorized after a probable cause hearing held within 72 hours after the detention began, excluding Saturdays, Sundays, legal holidays, and the period prescribed by Section 574.025(b) for extreme emergencies;(2) a final order for court-ordered mental health services has not been entered within the time prescribed by Section 574.005; or(3) the facility administrator or the administrator's designee determines that the person no longer meets the criteria for protective custody prescribed by Section 574.022.Tex. Health and Safety Code § 574.028
Amended By Acts 2009, 81st Leg., R.S., Ch. 334, Sec. 6, eff. 9/1/2009.