Texas statute
Tex. Code Crim. Proc. art. 46.04 — Transportation to a mental health facility or residential care facility
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 46: MISCELLANEOUS PROVISIONS RELATING TO MENTAL ILLNESS AND INTELLECTUAL DISABILITY, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 46.04
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
Sec. 1. PERSONS ACCOMPANYING TRANSPORT. (a) A patient transported from a jail or detention facility to a mental health facility or a residential care facility shall be transported by a special officer for mental health assignment certified under Section 1701.404 , Occupations Code, or by a sheriff or constable. (b) The court ordering the transport shall require appropriate medical personnel to accompany the person transporting the patient, at the expense of the county from which the patient is transported, if there is reasonable cause to believe the patient will require medical assistance or will require the administration of medication during the transportation. (c) A female patient must be accompanied by a female attendant. Sec. 2. REQUIREMENTS FOR TRANSPORT. The transportation of a patient from a jail or detention facility to a mental health facility or residential care facility must meet the following requirements: (1) the patient must be transported directly to the facility within a reasonable amount of time and without undue delay; (2) a vehicle used to transport the patient must be adequately heated in cold weather and adequately ventilated in warm weather; (3) a special diet or other medical precautions recommended by the patient's physician must be followed; (4) the person transporting the patient shall give the patient reasonable opportunities to get food and water and to use a bathroom; and (5) the patient may not be transported with a state prisoner.
Official sources
This reference is informational and is not legal advice.