Texas Health and Safety Code 841.0838 – Use of Restraints
(a) An employee of the office, or a person who contracts with the office or an employee of that person, may use mechanical restraints on a committed person residing in a civil commitment center or while transporting a committed person who resides at the center only if:
(1) the employee or person completes a training program approved by the office on the use of mechanical restraints that:
(A) includes instruction on the office’s approved mechanical restraint techniques and devices and the office’s verbal de-escalation policies, procedures, and practices; and
(B) requires the employee or person to demonstrate competency in the use of the mechanical restraint techniques and devices; and
(2) the mechanical restraint is:
(A) considered necessary to maintain the safety and security of the center or staff;
(B) considered necessary to maintain the safety of the public; and
(C) the least restrictive restraint necessary, used for the minimum duration necessary.
(b) An employee of the office, or a person who contracts with the office or an employee of that person, may use chemical restraints on a committed person residing in a civil commitment center or while transporting a committed person who resides at the center only if:
(1) the employee or person completes a training program approved by the office on the use of chemical restraints that:
(A) includes instruction on the office’s approved chemical restraint techniques and devices and the office’s verbal de-escalation policies, procedures, and practices; and
(B) requires the employee or person to demonstrate competency in the use of chemical restraint techniques and devices; and
(2) the chemical restraint is:
(A) used as a last resort;
(B) necessary to prevent or stop:
(i) physical injury to the committed person or another;
(ii) threatening behavior by the committed person;
(iii) a disturbance by a group of committed persons; or
(iv) an absconsion from the center; and
(C) the least restrictive restraint necessary, used for the minimum duration necessary, to prevent injury, property damage, or absconsion.
Terms Used In Texas Health and Safety Code 841.0838
- 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
- Property: means real and personal property. See Texas Government Code 311.005
(c) The office shall develop procedures governing the use of mechanical or chemical restraints on committed persons.