A state MR facility must discharge an individual who has been voluntarily admitted to a state MR facility no later than 96 hours after the time the individual or LAR requests discharge of the individual unless:
  (1) the head of the MR facility determines that the individual's condition or other circumstances are such that the individual cannot be discharged without endangering the safety of the individual or the general public;
  (2) the head of the facility files an application for judicial commitment under THSC, §593.041; and
  (3) a court issues an order of protective custody under THSC, §593.044 pending a final determination on the application for judicial commitment.

Source Note: The provisions of this §904.129 adopted to be effective January 1, 2001, 25 TexReg 12746; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; transferred effective September 1, 2023, as published in the August 11, 2023, issue of the Texas Register, 48 TexReg 4397