{"data":{"id":"us-tx/tex.-health-and-safety-code-594.038","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 594.038","heading":"HEARING BEFORE JURY.","body":"(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.\n(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.\nAdded by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.","path":["HEALTH AND SAFETY CODE","TITLE 7. MENTAL HEALTH AND INTELLECTUAL DISABILITY","SUBTITLE D. PERSONS WITH AN INTELLECTUAL DISABILITY ACT","CHAPTER 594. TRANSFER AND DISCHARGE","SUBCHAPTER C. TRANSFER TO STATE MENTAL HOSPITAL"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.594.htm#594.038","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"f5a3083ed9cee292ce3c6d04cb6fb32953d5a82fdbad425ff54d1da367efa017","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-594.037","next":"us-tx/tex.-health-and-safety-code-594.039"},"notice":"GroundRules: Original legal text. Not legal advice."}