(a) At the request of the health authority, a municipal, county, or district attorney, as appropriate, shall file a sworn application for the person‘s temporary detention pending a modification hearing under § 81.183. At the request of the department, the attorney general shall file a sworn application for the person’s temporary detention pending a modification hearing under § 81.183.
(b) The application must state the applicant’s opinion and detail the reason for the applicant’s opinion that:
(1) the person meets the criteria described by this chapter; and
(2) detention in an inpatient health care facility is necessary to evaluate the appropriate setting for continued court-ordered care.

Terms Used In Texas Health and Safety Code 81.184

  • 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.
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) The court shall decide from the information in the application. The court may issue an order for temporary detention if a modification hearing is set and the court finds that there is probable cause to believe that the opinions stated in the application are valid.
(d) The judge shall appoint an attorney to represent a person who does not have an attorney when the order for temporary detention is signed.
(e) Within 24 hours after the time detention begins, the court that issued the temporary detention order shall provide to the person and the person’s attorney a written notice that contains:
(1) a statement that the person has been placed under a temporary detention order;
(2) the grounds for the order; and
(3) the time and place of the modification hearing.

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