Tex.
Health & Safety Code Section 597.053
Appeals
(a)
A person notified under Section 597.045 (Notice of Review of Application for Treatment Decision) may appeal the committee’s decision by filing a petition in the probate court or court having probate jurisdiction for the county in which the client resides or in Travis County. The person must file the appeal not later than the 15th day after the effective date of the committee’s determination.(b)
If the hearing is to be held in a probate court in which the judge is not a licensed attorney, the person filing the appeal may request that the proceeding be transferred to a court with a judge who is licensed to practice law in this state. The probate court judge shall transfer the case after receiving the request, and the receiving court shall hear the case as if it had been originally filed in that court.(c)
A copy of the petition must be served on all parties of record in the proceedings before the committee.(d)
After considering the nature of the condition of the client, the proposed treatment, and the need for timely medical attention, the court may issue a temporary restraining order to facilitate the appeal. If the order is granted, the court shall expedite the trial.
Source:
Section 597.053 — Appeals, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.597.htm#597.053 (accessed May 4, 2024).
