Tex. Code Crim. Proc. art. 46B.105 · Subchapter E. CIVIL COMMITMENT: CHARGES PENDING
TRANSFER FOLLOWING CIVIL COMMITMENT PLACEMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Unless a defendant committed to a maximum security unit by the commission is determined to be manifestly dangerous by a review board established under Subsection (b), not later than the 60th day after the date the defendant arrives at the maximum security unit, the defendant shall be transferred to:
(1) a unit of an inpatient mental health facility other than a maximum security unit;
(2) a residential care facility; or
(3) a program designated by a local mental health authority or a local intellectual and developmental disability authority.
(b) The executive commissioner shall appoint a review board of five members, including one psychiatrist licensed to practice medicine in this state and two persons who work directly with persons with mental illness or an intellectual disability, to determine whether the defendant is manifestly dangerous and, as a result of the danger the defendant presents, requires continued placement in a maximum security unit.
(c) The review board may not make a determination as to the defendant's need for treatment.
(d) A finding that the defendant is not manifestly dangerous is not a medical determination that the defendant no longer meets the criteria for involuntary civil commitment under Subtitle C or D, Title 7, Health and Safety Code.
(e) If the superintendent of the facility at which the maximum security unit is located disagrees with the determination, the matter shall be referred to the executive commissioner. The executive commissioner shall decide whether the defendant is manifestly dangerous.
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. 21, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.020, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 7, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 10, 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 a3fe2a62fd7ba4345f36991280d2d73e599889d6744c26eed290982cc405369f
- 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.
Cited by 2 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 46B.105. 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.