Texas Code of Criminal Procedure Article 46.03

In Lopez v. State, 775 S.W.2d 857, 860 (Tex. App. -- San Antonio 1989, no writ) the court held, without analysis, that if article 46.03 governs a commitment action, the State is not required to comply at all with the Mental Health Code's provisions. In Weller v. State, 938 S.W.2d 787, 788-89 (Tex. App. -- Beaumont 1997, no writ) the court rejected the Lopez court's conclusion and held that filing adequate medical certificates was a prerequisite to holding a hearing, even if that hearing occurred under article 46.03 section 4(d)(5). The Weller court based its decision on article 46.03 section 4(d)(5)'s statement that a hearing must be "conducted pursuant to the provisions of the Mental Health Code." Id. at 789.