Most families never use this law. Voluntary admission is faster, cheaper and usually more effective, and most people who end up in residential treatment get there after a hard conversation, not a court hearing. But when someone's drinking or drug use has reached the point of overdoses, violence or a steady slide they can't see, Chapter 462 gives Texas families a legal path that doesn't depend on the person agreeing.
Who the law covers
Chapter 462 covers "chemical dependency," which the statute defines as abuse of, psychological or physical dependence on, or addiction to alcohol or a controlled substance. It applies to adults and, with extra protections, to minors. It does not cover mental illness alone; that is a separate set of laws (the Texas Mental Health Code), explained in our guide to Chapter 462 vs mental health commitment.
What has to be shown
An application must say that the person has a chemical dependency and, because of it, either:
- is likely to cause serious harm to themselves or to others, or
- will, if not treated, keep suffering abnormal mental, emotional or physical distress, keep deteriorating in their ability to function independently, and is unable to make a rational and informed choice about treatment.
The application must also state that the person isn't charged with a criminal offense involving an act, attempt or threat of serious bodily injury to another person. At the final hearing, each of these points has to be proven by clear and convincing evidence.
Who can file
Any adult can file a sworn written application, and so can the county or district attorney. There is one important catch for families: a private applicant has to attach a physician's certificate of medical examination for chemical dependency. Only the prosecutor can file without one. Read how to file in Texas for the full step-by-step.
How long treatment lasts
Since September 1, 2025, a Texas commitment order for chemical dependency runs for at least 30 days and no more than 90 days. That minimum came from H.B. 171, the Anell Borrego Act, passed after families described loved ones cycling through very short stays. The facility can still discharge someone early if the administrator or treating physician decides they no longer meet the criteria. Orders can be renewed. See how long court-ordered treatment lasts.
Where treatment happens
A court commits the person to a treatment facility approved by the Texas Health and Human Services Commission (HHSC), or, if the person asks and the judge agrees it's in their best interest, to outpatient treatment with a licensed provider. In practice, many families pair a court petition with a search for a residential program that takes their insurance, so a bed is ready when the order is signed. You can browse residential addiction treatment across Texas and medical detox programs by county and city.
Emergencies come first
If someone is in immediate danger, don't start with paperwork. Call 911, or 988 for a mental health or substance use crisis. Texas law separately lets a peace officer take a person into emergency detention without a warrant when there is a substantial risk of serious harm and no time to get one. Our guide to emergency detention and protective custody explains those timelines.
Is court-ordered rehab right for your family?
Consider it when someone has refused treatment repeatedly, when their use is causing overdoses, medical emergencies or danger to others, and when you can get a physician to examine them. Expect the process to take days to weeks, to involve a hearing where your loved one has a lawyer and may have a jury, and to cost the county money it can seek back from the patient or applicant. Many families find that the decision to file is itself what convinces a loved one to go voluntarily.
Each county handles intake a little differently. Find your county's court, the office that helps families file, and nearby detox programs on our court-ordered treatment by county page.
This guide is general information about Texas law, not legal advice. Local court procedures differ; check with your county clerk, the county attorney's office or an attorney before filing.
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Related reading
- How to File for Court-Ordered Rehab in Texas: Step by Step
- Chapter 462 vs Mental Health Commitment in Texas
- Emergency Detention and Protective Custody Under Texas Chapter 462
- How Long Does Court-Ordered Rehab Last in Texas?
- What Happens at a Court-Ordered Treatment Hearing in Texas
- Who Pays for Court-Ordered Rehab in Texas?