Untitled Texas Attorney General Opinion, GA-0909

Detention under section 573.021 involves a preliminary examination by a mental health facility with no court involvement initially.
Question concerns transportation of a mentally ill person to ASH or similar facility after a preliminary examination.
574.045 governs transportation for committed patients or those detained under 573.022 or 574.023, not for 573.021.
Sections 573.022 and 574.023 authorize transportation under specified conditions with court involvement.
Purpose of the Code balances detention, humane treatment, and due process rights in transportation decisions.
The question arises whether a mental health facility may arrange private transport under 573.021 without court order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether 574.045 authorizes transport of a 573.021 detainee	Miller questions private conveyance by initial facility	574.045 applies only to 573.022/574.023, not 573.021	Not authorized under 574.045 for 573.021 detainee
Scope of transportation provisions for detained patients	Facility should transport to ASH without court involvement	Legislation targets 573.022/574.023 with court process	Transportation to ASH limited to 573.022/574.023 framework
Effect of a physician's 573.022 written findings on transport authority	Post-examination transport should be permissible	Transport requires 573.022 and 574.045 framework	Once 573.022 findings exist, transport under 573.022 and 574.045 is authorized

TGS-NOPEC Geophysical Co. v. Combs, 340 S.W.3d 432 (Tex. 2011) (statutory text should reflect legislative intent; omit words not chosen)
FM Props. Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000) (legislature's knowledge of how to enact law supports interpreting text to effect intent)
O'Connor v. Donaldson, 422 U.S. 563 (U.S. 1975) (involuntary commitment implicates due process protections)
Nootsie, Ltd. v. Williamson Cnty. Appraisal Dist., 925 S.W.2d 659 (Tex. 1996) (avoid interpretations defeating the purpose of legislation)