Tex. Code Crim. Proc. art. 46B.080 · Subchapter D. PROCEDURES AFTER DETERMINATION OF INCOMPETENCY
EXTENSION OF ORDER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) On a request of the head of a facility or a program provider that is made under Article 46B.079(d) and notwithstanding any other provision of this subchapter, the court may enter an order extending the initial restoration period for an additional period of 60 days.
(b) The court may enter an order under Subsection (a) only if the court determines that:
(1) the defendant has not attained competency; and
(2) an extension of the initial restoration period will likely enable the facility or program to restore the defendant to competency within the period of the extension.
(c) The court may grant only one 60-day extension under this article in connection with the specific offense with which the defendant is charged.
(d) An extension under this article begins on the later of:
(1) the date the court enters the order under Subsection (a); or
(2) the date competency restoration services actually begin pursuant to the order entered under Subsection (a).
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. 12, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867), Sec. 7, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 15, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 22, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 936 (S.B. 49), Sec. 5, eff. September 1, 2021.
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 1515c035d830abd33a3e64c53e8e5b06669604e1913b7f215bdfbae5924e1736
- 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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Code of Criminal Procedure
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