Tex. Code Crim. Proc. art. 46B.021 · Subchapter B. EXAMINATION
APPOINTMENT OF EXPERTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) On a suggestion that the defendant may be incompetent to stand trial, the court may appoint one or more disinterested experts to:
(1) examine the defendant and report to the court on the competency or incompetency of the defendant; and
(2) testify as to the issue of competency or incompetency of the defendant at any trial or hearing involving that issue.
(b) On a determination that evidence exists to support a finding of incompetency to stand trial, the court shall appoint one or more experts to perform the duties described by Subsection (a).
(c) An expert involved in the treatment of the defendant may not be appointed to examine the defendant under this article.
(d) The movant or other party as directed by the court shall provide to experts appointed under this article information relevant to a determination of the defendant's competency, including copies of the indictment or information, any supporting documents used to establish probable cause in the case, and previous mental health evaluation and treatment records.
(e) The court may appoint as experts under this chapter qualified psychiatrists or psychologists employed by the local mental health authority or local intellectual and developmental disability authority. The local mental health authority or local intellectual and developmental disability authority is entitled to compensation and reimbursement as provided by Article 46B.027.
(f) If a defendant wishes to be examined by an expert of the defendant's own choice, the court on timely request shall provide the expert with reasonable opportunity to examine the defendant.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.007, eff. April 2, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.46B.htm
- Text hash
- sha256 3b420bc650be68f82e3f837444ba7c2102eee3a1737938a4ebbaf44c20c5c7ec
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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