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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Health and Safety Code § 594.038: HEARING BEFORE JURY.

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Where this section sits in the code
  1. HEALTH AND SAFETY CODE
  2. TITLE 7. MENTAL HEALTH AND INTELLECTUAL DISABILITY
  3. SUBTITLE D. PERSONS WITH AN INTELLECTUAL DISABILITY ACT
  4. CHAPTER 594. TRANSFER AND DISCHARGE
  5. SUBCHAPTER C. TRANSFER TO STATE MENTAL HOSPITAL

(a) The transfer hearing must be held before a jury unless a waiver of trial by jury is made in writing under oath by the resident, the parent if the resident is a minor, or the resident's guardian of the person.

(b) Notwithstanding the executed waiver, a jury shall determine the issue of the case if the resident, the parent, the guardian of the person, or the resident's legal representative demands a jury trial at any time before the hearing's determination is made.

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.

Collected 2026-08-27T01:47:17Z. Source file · JSON

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