(a) The magistrate or master shall order the release of a person under a protective custody order if the magistrate or master determines after the hearing under § 81.165 that no probable cause exists to believe that the person 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 at which the person was apprehended;
(2) the person’s place of residence in this state; or
(3) another suitable location.

Terms Used In Texas Health and Safety Code 81.168

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.

(c) The head of a facility shall discharge a person held under a protective custody order if:
(1) the head of the facility does not receive notice within 72 hours after detention begins, excluding Saturdays, Sundays, legal holidays, the period prescribed by § 81.165(b) for an extreme weather emergency, and the duration of a public health disaster, that a probable cause hearing was held and the person’s continued detention was authorized;
(2) a final court order for the management of a person with a communicable disease has not been entered within the time prescribed by § 81.154; or
(3) the health authority or commissioner determines that the person no longer meets the criteria for protective custody prescribed by § 81.162.

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