Texas Health and Safety Code 81.170 – Right to Jury
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(a) A hearing for temporary management must be before the court unless the person or the person’s attorney requests a jury.
(b) A hearing for extended management must be before a jury unless the person or the person’s attorney waives the right to a jury.
Terms Used In Texas Health and Safety Code 81.170
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- 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
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) A waiver of the right to a jury must be in writing, under oath, and signed by the person and the person’s attorney.
(d) The court may permit a waiver of the right to a jury to be withdrawn for good cause shown. The withdrawal must be made at least seven days before the date on which the hearing is scheduled.
(e) A court may not require a jury fee.
(f) The jury shall determine if the person is infected with or is reasonably suspected of being infected with a communicable disease that presents a threat to the public health and, if the application is for inpatient treatment, has refused or failed to follow the orders of the health authority. The jury may not make a finding about the type of services to be provided to the person.