THE AITORNEY GENERAL
OF TESAS
Auwrxlv. -.hXAS 7S7ll
March 9, 1977
The Honorable Tom Hanna Opinion No. H- 951
Criminal District Attorney
Jefferson County He: Emergency commit-
Beaumont, Texas 77704 ment of alcoholics.
Dear Mr. Hanna:
You have requested our opinion concerning the following
question.
Can a County Judge issue an Order of
Protective Custody under Article 5561c,
Sec. 9(c) . . . when the application
and Certificate of Medical Examination
are tendered [to] and accepted by the Judge
after working hours and on weekends?
Article 5561c, section 9(c), V.T.C.S., provides in part:
If in the county court in which a petition
or application is filed, a Certificate of
Medical Examination for Alcoholism is filed
showing that the proposed patient has been
examined within five (5) days of the filing
of the Certificate and stating the opinion of
the examining physician that the proposed
patient is an alcoholic and because of his
alcoholism is likely to cause injury to him-
self or others if not immediately restrained,
the Judge may order any health or peace officer
to take the proposed patient into protective
custody and immediately transport him to a
designated mental hospital or other suitable
place and detain him pending order of the
court; provided, however, that in no event
shall the proposed patient be denied the
hearing prescribed above to be held not less
than five (5) days and no more than fourteen
(14) days from the filing of the petition.
P. 3972
,
The Honorable Tom Hanna - page 2 (H-951)
Section 2 of article 5561~ provides for a liberal construc-
tion to accomplish the Act's purpose. The purpose of section
9(c) is clearly to provide immediate protection to the
proposed patient and others. There is no language in
article 5561~ which limits the accomplishment of this
purpose to working hours. Compare, V.T.C.S. art. 5547-12.
In addition, Rule 74, Texas Rules of Civil Procedure,
provides:
The filing of pleadings, other papers
and exhibits as required by these rules
shall be made by filing them with the
clerk of the court, except that the judge
may permit the papers to be filed with
him, in which event he shall note thereon
the filing date and time and forthwith
transmit them to the office of the clerk.
Accordingly, in our opinion an application or a
Certificate of Medical Examination for Alcoholism may be
"filed" for purpose of article 5561~ by filing same with
a County Judge. The papers may be so filed and an Order
of Protective Custody issued after working hours and on
weekends.
SUMMARY
An Order of Protective Custody under
article 5561~ may be issued immediately
pursuant to an application and a Certificate
of Medical Examination filed with a county
clerk or county judge at any time.
*Very truly yours,
Attorney General of Texas
The Honorable Tom Hanna - page 3 (H-951)
APPROVED:
rst Assistant
Opinion Committee
jwb
p. 3974