A white warrant in Texas is a civil court order signed by a judge or magistrate that directs a peace officer to take a person into custody and transport them to a mental health facility for an emergency psychiatric evaluation. It carries no criminal charge, no bond, and no criminal record. The name comes from the color of paper historically used for these orders, and the entire process sits under Chapter 573 of the Texas Health and Safety Code rather than the Penal Code.1State of Texas. Texas Health and Safety Code Chapter 573 – Emergency Detention
How a White Warrant Gets Issued
Any adult can start the process. The applicant files a written application with a judge or magistrate describing specific recent behavior that shows mental illness and a substantial risk of serious harm, explaining why the risk is imminent, and stating the applicant’s relationship to the person. The application is presented in person.
The magistrate issues the warrant only after finding reasonable cause to believe three things: the person has a mental illness creating a substantial risk of serious harm to themselves or others, the person will likely suffer or inflict that harm without immediate restraint, and the risk is imminent.1State of Texas. Texas Health and Safety Code Chapter 573 – Emergency Detention If the magistrate makes those findings, the order directs a peace officer to apprehend the person and bring them to a mental health facility.
A separate path exists when there is no time to go to a judge: a peace officer who personally observes the behavior and believes the risk is immediate can apprehend someone without a warrant under the same chapter.2State of Texas. Texas Health and Safety Code 573.001 – Apprehension by Peace Officer Without Warrant The magistrate’s order is what people usually mean when they say “white warrant.”
Because the process is civil, the person detained must be kept separate from anyone charged with or convicted of a crime, and there is no bond to post.1State of Texas. Texas Health and Safety Code Chapter 573 – Emergency Detention
What Happens After the Person Is Picked Up
The officer transports the person to the nearest appropriate inpatient mental health facility or to one chosen by the local mental health authority. A physician then has to conduct a preliminary examination within 12 hours of apprehension.3State of Texas. Texas Health and Safety Code Chapter 573 – Emergency Detention (PDF) That exam drives everything that follows.
The facility cannot hold the person longer than 48 hours from arrival unless a judge issues a separate written order for protective custody. That 48-hour clock includes any time spent waiting for medical care before the examination. If the clock runs out on a weekend, a holiday, or before 4 p.m. on the next business day, the facility can hold the person until 4 p.m. that business day.3State of Texas. Texas Health and Safety Code Chapter 573 – Emergency Detention (PDF)
Two outcomes are possible at the 48-hour mark. If the examining physician decides the person does not meet the criteria for continued detention, the facility must release them. If the physician believes further treatment is needed, the case shifts to Chapter 574, and the county or district attorney can file for court-ordered mental health services. That hearing must take place within 14 days of the application, and the proposed patient can object to any hearing scheduled within the first three days.4State of Texas. Texas Health and Safety Code Chapter 574 – Court-Ordered Mental Health Services Most emergency detentions end at 48 hours without escalating.
Your Rights During Emergency Detention
Emergency detention does not strip a person of legal protections. If the case moves beyond the initial hold into a commitment hearing, the court appoints an attorney for the proposed patient.5State of Texas. Texas Health and Safety Code Chapter 571 – General Provisions At the hearing, the state must prove every element by clear and convincing evidence, the highest burden used in civil proceedings. The hearing is held on the record, and at least two physicians must have independently examined the proposed patient within the 30 days before the hearing.4State of Texas. Texas Health and Safety Code Chapter 574 – Court-Ordered Mental Health Services If the court or jury does not find clear and convincing evidence, the judge must deny the application and order release.
Privacy rules still apply inside the facility. Under HIPAA, the facility can share limited identifying information with law enforcement, such as name, address, and the date and time of admission. Clinical details like diagnoses and treatment specifics generally cannot be disclosed without authorization unless a provider determines the person poses a serious and imminent threat to themselves or others.6HHS.gov. HIPAA Privacy Rule and Sharing Information Related to Mental Health
Does a White Warrant Create a Criminal Record?
No. The entire process is civil, filed under the Health and Safety Code. The person is never charged with an offense, and Texas restricts public access to court records tied to mental health proceedings. A white warrant will not show up as a criminal arrest or conviction.
What a White Warrant Means for Firearms
Federal law bars anyone who has been “committed to a mental institution” from possessing firearms or ammunition.7Office of the Law Revision Counsel. 18 US Code 922 – Unlawful Acts The federal definition distinguishes between a formal involuntary commitment ordered by a court and a short-term emergency hold for observation. ATF guidance states that a person held only for observation or admitted voluntarily is not considered “committed” for purposes of the firearms prohibition.8Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Federal Firearms Prohibition Under 18 USC 922(g)(4)
The practical line is the 48-hour mark. If the emergency detention ends there and no court orders further commitment, the federal firearms ban generally does not apply. If a judge later orders involuntary inpatient treatment under Chapter 574, that formal commitment can trigger the prohibition.
What Families Should Do During the 48-Hour Window
The most common mistake families make is assuming the 48 hours is dead time. It is not. That window is when preparation matters most, because it is the only period before the case can escalate into a commitment proceeding.
If a family member is held under a white warrant, contact a mental health attorney or a patient advocacy organization right away. Make sure the detained person knows they have the right to appointed counsel if the case moves toward a commitment hearing. Someone outside the facility should be monitoring the case and prepared to challenge any effort to extend the detention past the emergency evaluation. If the physician’s examination supports release at 48 hours, the facility has to let the person go.
White Warrants Compared to Other Texas Warrants
Texas uses several informal warrant names, and mixing them up leads to the wrong response. A white warrant is civil and mental-health related. A blue warrant is an administrative warrant issued by the Texas Department of Criminal Justice’s Parole Division for a suspected parole or mandatory supervision violation, and a person arrested on one generally cannot post bond.9Texas Board of Pardons and Paroles. What Happens When a Warrant Is Issued?Texas Code of Criminal Procedure Chapter 15 – Arrest Under Warrant A white warrant has neither a charge nor a bond because nothing criminal is being alleged.