Texas Code of Criminal Procedure
§ 46B.005 — DETERMINING INCOMPETENCY TO STAND TRIAL
CR § 46B.005Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 46B. INCOMPETENCY TO STAND TRIAL · Art. A. GENERAL PROVISIONS
Statute text
View on source(a)If after an informal inquiry the court determines that evidence exists to support a finding of incompetency, the court shall order an examination under Subchapter B to determine whether the defendant is incompetent to stand trial in a criminal case.
(b)Except as provided by Subsection (c), the court shall hold a trial under Subchapter C before determining whether the defendant is incompetent to stand trial on the merits.
(c)A trial under this chapter is not required if:
(1)neither party's counsel requests a trial on the issue of incompetency;
(2)neither party's counsel opposes a finding of incompetency; and
(3)the court does not, on its own motion, determine that a trial is necessary to determine incompetency.
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Legislative history
Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 3, eff. September 1, 2005.