Tex. Code Crim. Proc. art. 46B.076 · Subchapter D. PROCEDURES AFTER DETERMINATION OF INCOMPETENCY
COURT'S ORDER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If the defendant is found incompetent to stand trial, not later than the date of the order of commitment or of release on bail, as applicable, the court shall send a copy of the order to the applicable facility or program. The court shall also provide to the facility or program copies of the following made available to the court during the incompetency trial:
(1) reports of each expert;
(2) psychiatric, psychological, or social work reports that relate to the mental condition of the defendant;
(3) documents provided by the attorney representing the state or the attorney representing the defendant that relate to the defendant's current or past mental condition;
(4) copies of the indictment or information and any supporting documents used to establish probable cause in the case;
(5) the defendant's criminal history record; and
(6) the addresses of the attorney representing the state and the attorney representing the defendant.
(b) The court shall order that the transcript of all medical testimony received by the jury or court be promptly prepared by the court reporter and forwarded to the applicable facility or program.
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. 11, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 5, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.012, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 18, 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 0ad69c13ef6a2392bf8f3b6fefb4adafdfd5c65b1b14e03e5970e714fc36a742
- 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
Cited by 1 provision
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 46B.076. Each shows the citation as that text prints it.
Code of Criminal Procedure
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