Texas Attorney General Opinion: V-1141 Page: 2 of 4
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Hon. Larry 0O. Cox, page 2 (V-141)
With respect to the commitment to the insane
asylums operated by this State of persons adjudged under
the provisions of Title 92, brnons Civil Statutes, Arti-
cles 5554 and 5557, VoC.S., provide in part:
Art. 5554 "Upon return of a verdict
finding that the defendant is of unsound
mind and that it is necessary that he be
placed under restraint, judgment shall be
entered adjudging the defendant to be a
person of unsound mind and ordering him
to be committed for restraint and treat-
ment to any insane asylum operated by the
State of Texas in which there may be avail-
able. room, . . O
Art. 5557. "Immediately after any
person is adjudged a person of unsound
mind, the county judge shall communicate
with the superintendents of the insane
asylums within this State, and if it is
ascertained that there is a vacancy in
any of such asylums, or that the patient
may be accommodated therein, he shall is-
sue his warrant to the sheriff or to some
other suitable person directing him to
convey the person of unsound mind to the
asylum designated in such warrant, .
(Emphasis added throughout.)
Under Article 5552, VOC.S., before one charged
with being of unsound mind can legally be committed indef-
initely to a State hospital, there must be a jury ver-
dict not only that he .s -of unsound mind but that his
mental condition is such as to render it necessary that
he be placed under restraint. Hatton v. State Board of
Control, 146 Tex. 160, 204 S.M.2d 390 (1947)>
With respect to mentally ill persons adjudged.
and committed under the provisions of Article 3193o0-1
VC.So, it is provided
"Section 1. (a) If information in
writing and under oath be given to any Coun-
ty Judge that any person in his county who
is not charged with a criminal offense, is
believed to be mentally ill, and that the
welfare of- hiself and/or others requires
that he be placed in a State hospital for
the mentally ill for not exceeding ninety
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1141, text, January 11, 1951; (https://texashistory.unt.edu/ark:/67531/metapth265958/m1/2/?q=%221951~%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.