Tex. Code Crim. Proc. art. 46B.0755 · Subchapter D. PROCEDURES AFTER DETERMINATION OF INCOMPETENCY
PROCEDURES ON CREDIBLE EVIDENCE OF IMMEDIATE RESTORATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Notwithstanding any other provision of this subchapter, if the court receives credible evidence indicating that the defendant has been restored to competency at any time after the defendant's incompetency trial under Subchapter C but before the defendant is transported under Article 46B.075 to the facility or program, as applicable, the court may appoint disinterested experts to reexamine the defendant in accordance with Subchapter B. The court is not required to appoint the same expert or experts who performed the initial examination of the defendant under that subchapter.
(b) If after a reexamination of the defendant the applicable expert's report states an opinion that the defendant remains incompetent, the court's order under Article 46B.0711, 46B.072, or 46B.073 remains in effect, and the defendant shall be transported to the facility or program as required by Article 46B.075. If after a reexamination of the defendant the applicable expert's report states an opinion that the defendant has been restored to competency, the court shall withdraw its order under Article 46B.0711, 46B.072, or 46B.073 and proceed under Subsection (c) or (d).
(c) The court shall find the defendant competent to stand trial and proceed in the same manner as if the defendant had been found restored to competency at a hearing if:
(1) both parties agree that the defendant is competent to stand trial; and
(2) the court concurs.
(d) The court shall hold a hearing to determine whether the defendant has been restored to competency if any party fails to agree or if the court fails to concur that the defendant is competent to stand trial. If a court holds a hearing under this subsection, on the request of the counsel for either party or the motion of the court, a jury shall make the competency determination. For purposes of the hearing, incompetency is presumed, and the defendant's competency must be proved by a preponderance of the evidence. If after the hearing the defendant is again found to be incompetent to stand trial, the court shall issue a new order under Article 46B.0711, 46B.072, or 46B.073, as appropriate based on the defendant's current condition.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 12, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 17, 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 b40c62b1b2eff629d3660af6921dd8d0d61763aef66470ac6139737a728b02fb
- 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, 46B.072, or 46B.073
- Tex. Code Crim. Proc. art. 46B.072RELEASE ON BAIL FOR FELONY OR CLASS A MISDEMEANOR.Printed as Article 46B.0711, 46B.072, or 46B.073
- Tex. Code Crim. Proc. art. 46B.073COMMITMENT FOR RESTORATION TO COMPETENCY.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.075
Cited by 1 provision
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 46B.0755. Each shows the citation as that text prints it.
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.