Tex. Code of Crim. Proc. Article 46B.071
Options on Determination of Incompetency

(a)

Except as provided by Subsection (b), on a determination that a defendant is incompetent to stand trial, the court shall:

(1)

if the defendant is charged with an offense punishable as a Class B misdemeanor:

(A)

release the defendant on bail under Article 46B.0711 (Release on Bail for Class B Misdemeanor); or

(B)

commit the defendant to:
(i)
a jail-based competency restoration program under Article 46B.073 (Commitment for Restoration to Competency)(e); or
(ii)
a mental health facility or residential care facility under Article 46B.073 (Commitment for Restoration to Competency)(f); or

(2)

if the defendant is charged with an offense punishable as a Class A misdemeanor or any higher category of offense:

(A)

release the defendant on bail under Article 46B.072 (Release on Bail for Felony or Class a Misdemeanor); or

(B)

commit the defendant to a facility or a jail-based competency restoration program under Article 46B.073 (Commitment for Restoration to Competency)(c) or (d).

(b)

On a determination that a defendant is incompetent to stand trial and is unlikely to be restored to competency in the foreseeable future, the court shall:

(1)

proceed under Subchapter E or F; or

(2)

release the defendant on bail as permitted under Chapter 17 (Bail).
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 9, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 748 (S.B. 1326), Sec. 10, eff. September 1, 2017.

Source: Article 46B.071 — Options on Determination of Incompetency, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­46B.­htm#46B.­071 (accessed May 26, 2025).

46B.001
Definitions 46B.002
Applicability 46B.003
Incompetency 46B.004
Raising Issue of Incompetency to Stand Trial 46B.005
Determining Incompetency to Stand Trial 46B.006
Appointment of and Representation by Counsel 46B.007
Admissibility of Statements and Certain Other Evidence 46B.008
Rules of Evidence 46B.009
Time Credits 46B.010
Mandatory Dismissal of Misdemeanor Charges 46B.011
Appeals 46B.012
Compliance with Chapter 46B.013
Use of Electronic Broadcast System in Certain Proceedings Under This Chapter 46B.0021
Facility Designation 46B.021
Appointment of Experts 46B.022
Experts: Qualifications 46B.023
Custody Status 46B.024
Factors Considered in Examination 46B.025
Expert’s Report 46B.026
Report Deadline 46B.027
Compensation of Experts 46B.051
Trial Before Judge or Jury 46B.052
Jury Verdict 46B.053
Procedure After Finding of Competency 46B.054
Uncontested Incompetency 46B.055
Procedure After Finding of Incompetency 46B.071
Options on Determination of Incompetency 46B.072
Release on Bail for Felony or Class a Misdemeanor 46B.073
Commitment for Restoration to Competency 46B.074
Competent Testimony Required 46B.075
Transfer of Defendant to Facility or Program 46B.076
Court’s Order 46B.077
Individual Treatment Program 46B.078
Charges Subsequently Dismissed 46B.079
Notice and Report to Court 46B.080
Extension of Order 46B.081
Return to Court 46B.082
Transportation of Defendant to Court 46B.083
Supporting Commitment Information Provided by Facility or Program 46B.084
Proceedings on Return of Defendant to Court 46B.085
Subsequent Restoration Periods and Extensions of Those Periods Prohibited 46B.086
Court-ordered Medications 46B.0095
Maximum Period of Commitment or Program Participation Determined by Maximum Term for Offense 46B.101
Applicability 46B.102
Civil Commitment Hearing: Mental Illness 46B.103
Civil Commitment Hearing: Intellectual Disability 46B.104
Civil Commitment Placement: Finding of Violence 46B.105
Transfer Following Civil Commitment Placement 46B.106
Civil Commitment Placement: No Finding of Violence 46B.107
Release of Defendant After Civil Commitment 46B.108
Redetermination of Competency 46B.109
Request by Head of Facility or Outpatient Treatment Provider 46B.110
Motion by Defendant, Attorney Representing Defendant, or Attorney Representing State 46B.111
Appointment of Examiners 46B.112
Determination of Restoration with Agreement 46B.113
Determination of Restoration Without Agreement 46B.114
Transportation of Defendant to Court 46B.115
Subsequent Redeterminations of Competency 46B.116
Disposition on Determination of Competency 46B.117
Disposition on Determination of Incompetency 46B.151
Court Determination Related to Civil Commitment 46B.171
Transcripts and Other Records 46B.0711
Release on Bail for Class B Misdemeanor 46B.0735
Date Competency Restoration Period Begins 46B.0755
Procedures on Credible Evidence of Immediate Restoration 46B.0805
Competency Restoration Education Services 46B.0825
Administration of Medication While in Custody of Sheriff 46B.0831
Determination Whether Defendant Is Manifestly Dangerous 46B.1055
Modification of Order Following Inpatient Civil Commitment Placement
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Verified:
May 26, 2025

Art. 46B.071. Options on Determination of Incompetency's source at texas​.gov