Tex. Code Crim. Proc. art. 46B.073 · Subchapter D. PROCEDURES AFTER DETERMINATION OF INCOMPETENCY
COMMITMENT FOR RESTORATION TO COMPETENCY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) This article applies only to a defendant not released on bail who is subject to an initial restoration period based on Article 46B.071.
(b) For purposes of further examination and competency restoration services with the specific objective of the defendant attaining competency to stand trial, the court shall commit a defendant described by Subsection (a) to a mental health facility, residential care facility, or jail-based competency restoration program for the applicable period as follows:
(1) a period of not more than 60 days, if the defendant is charged with an offense punishable as a misdemeanor; or
(2) a period of not more than 120 days, if the defendant is charged with an offense punishable as a felony.
(c) If the defendant is charged with an offense listed in Article 17.032(a) or if the indictment alleges an affirmative finding under Article 42A.054(c) or (d), the court shall enter an order committing the defendant for competency restoration services to a facility designated by the commission.
(d) If the defendant is not charged with an offense described by Subsection (c) and the indictment does not allege an affirmative finding under Article 42A.054(c) or (d), the court shall enter an order committing the defendant to a mental health facility or residential care facility determined to be appropriate by the local mental health authority or local intellectual and developmental disability authority or to a jail-based competency restoration program. A defendant may be committed to a jail-based competency restoration program only if the program provider determines the defendant will begin to receive competency restoration services within 72 hours of arriving at the program.
(e) Except as provided by Subsection (f), a defendant charged with an offense punishable as a Class B misdemeanor may be committed under this subchapter only to a jail-based competency restoration program.
(f) A defendant charged with an offense punishable as a Class B misdemeanor may be committed to a mental health facility or residential care facility described by Subsection (d) only if a jail-based competency restoration program is not available or a licensed or qualified mental health professional determines that a jail-based competency restoration program is not appropriate.
Notes and commentary — not statutory text
History
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 9, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 4, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 11, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 797 (S.B. 1475), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.011, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.20, eff. January 1, 2017.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 1.15(b), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 14, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 4, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 7, eff. September 1, 2019.
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 f448abbe7379fae811f4e6ee468928c178e4d0f641b8eb81699722daa8c94124
- 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. 17.032RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS WITH MENTAL ILLNESS OR INTELLECTUAL DISABILITY.Printed as Article 17.032(a)
- Tex. Code Crim. Proc. art. 42A.054LIMITATION ON JUDGE-ORDERED COMMUNITY SUPERVISION.Printed as Article 42A.054(c)
- Tex. Code Crim. Proc. art. 46B.071OPTIONS ON DETERMINATION OF INCOMPETENCY.Printed as Article 46B.071
Cited by 7 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 46B.073. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 46B.071OPTIONS ON DETERMINATION OF INCOMPETENCY.Printed as Article 46B.073(c) | Article 46B.073(e) | Article 46B.073(f)
- Tex. Code Crim. Proc. art. 46B.0735DATE COMPETENCY RESTORATION PERIOD BEGINS.Printed as Article 46B.0711, 46B.072, or 46B.073
- Tex. Code Crim. Proc. art. 46B.075TRANSFER OF DEFENDANT TO FACILITY OR PROGRAM.Printed as Article 46B.0711, 46B.072, or 46B.073
- Tex. Code Crim. Proc. art. 46B.0755PROCEDURES ON CREDIBLE EVIDENCE OF IMMEDIATE RESTORATION.Printed as Article 46B.0711, 46B.072, or 46B.073
- Tex. Code Crim. Proc. art. 46B.078CHARGES SUBSEQUENTLY DISMISSED.Printed as Article 46B.0711, 46B.072, or 46B.073
- Tex. Code Crim. Proc. art. 46B.081RETURN TO COURT.Printed as Article 46B.0711, 46B.072, or 46B.073
- Tex. Code Crim. Proc. art. 46B.082TRANSPORTATION OF DEFENDANT TO COURT.Printed as Article 46B.0711, 46B.072, or 46B.073
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.