Tex. Code Crim. Proc. art. 46B.071 · Subchapter D. PROCEDURES AFTER DETERMINATION OF INCOMPETENCY
OPTIONS ON DETERMINATION OF INCOMPETENCY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (b), on a determination that a defendant is incompetent to stand trial, the court shall:
(1) if the defendant is charged with an offense punishable as a Class B misdemeanor:
(A) release the defendant on bail under Article 46B.0711; or
(B) commit the defendant to:
(i) a jail-based competency restoration program under Article 46B.073(e); or
(ii) a mental health facility or residential care facility under Article 46B.073(f); or
(2) if the defendant is charged with an offense punishable as a Class A misdemeanor or any higher category of offense:
(A) release the defendant on bail under Article 46B.072; or
(B) commit the defendant to a facility or a jail-based competency restoration program under Article 46B.073(c) or (d).
(b) On a determination that a defendant is incompetent to stand trial and is unlikely to be restored to competency in the foreseeable future, the court shall:
(1) proceed under Subchapter E or F; or
(2) release the defendant on bail as permitted under Chapter 17.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 9, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 10, eff. September 1, 2017.
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 e618e70e99e8889469f1c4f974b8690e09027f1db697665f8baa2ea748aac83b
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 46B.0711RELEASE ON BAIL FOR CLASS B MISDEMEANOR.Printed as Article 46B.0711
- Tex. Code Crim. Proc. art. 46B.072RELEASE ON BAIL FOR FELONY OR CLASS A MISDEMEANOR.Printed as Article 46B.072
- Tex. Code Crim. Proc. art. 46B.073COMMITMENT FOR RESTORATION TO COMPETENCY.Printed as Article 46B.073(c) | Article 46B.073(e) | Article 46B.073(f)
Cited by 5 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 46B.071. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 46B.0711RELEASE ON BAIL FOR CLASS B MISDEMEANOR.Printed as Article 46B.071
- Tex. Code Crim. Proc. art. 46B.072RELEASE ON BAIL FOR FELONY OR CLASS A MISDEMEANOR.Printed as Article 46B.071
- Tex. Code Crim. Proc. art. 46B.073COMMITMENT FOR RESTORATION TO COMPETENCY.Printed as Article 46B.071
- Tex. Code Crim. Proc. art. 46B.101APPLICABILITY.Printed as Article 46B.071
- Tex. Code Crim. Proc. art. 46B.151COURT DETERMINATION RELATED TO CIVIL COMMITMENT.Printed as Article 46B.071
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.