Texas Attorney General Opinion: O-6862 Page: 3 of 7
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Honorable s.oerer F. Pak'r - pale 3
during the period of his stay, should it be deter-
ained by tbhe suprintendent of such hospital in
which he is eonnfted that he is iacompetent, sueh
feot shall be oertlfito to the County Judge of
tbhe county in Tezo where suh atlatl hoas a legal
roesdenoe and sueh Count;f adp shall Sense such
patient to be tried In uonti pon a complsint
charging lasoey, verified at d ile by the super-
intendent or other physioien of the Institution
where suoh patient is confled, or any other duly
loonsed physioia. ok Count y Iydge shall op
point a Iloonsed attorney of the tete of Texas to
represent suoh patient and no souobh patient shall
be adjudged insane, except upon tho evjdenoo of
two duly lioused physioleas, on* of whom eshll
be on active u'b at the institution where seb
potion is sontiLne. All such evidemee may be by
deposition, or ivoes n person, dat the ease shell
be tried for theconaty by thbe county or district
attorney. Aftor trial, a transcript of the record
thereof shell be transmittd by the clerk oft the
County Court to the hospital hiartn suee patient
in custody.'
ection t. The fot that there is no tat-
ute providing for the length of time rveluntary
patient may re.nin ia atate ospital, aend the
turtber foot that there is no provision for the
procedure to be followed by the superintendent of
the State hospital and the Boerd of Control when
the voluntry patient bee3Ao s iso dnurin his
stay in the hospit l, create an e.nereney and to
impertAtive public neocesity thaat the Constitutional
r-ules requirina bil. to bo reed on three r:vercl
days in each l-ouz; be suspended, and ssd lule is
tereby su sp oed, and this ct st ell take effeoL
and be in force fr,,. end after ItE ptssore, and
it is so ensated.
"easeed the Fouse, 'aroh 17, 1943: Yeas If,
Nays C; passed the ;enAte April 15, 1943: Yeas
05, says 0.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-6862, text, 1945; (https://texashistory.unt.edu/ark:/67531/metapth264139/m1/3/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.