Tex. Code of Crim. Proc. Article 46B.151
Court Determination Related to Civil Commitment


(a)

If a court is required by Article 46B.084 (Proceedings on Return of Defendant to Court)(f) or by its appropriate determination under Article 46B.071 (Options on Determination of Incompetency) to proceed under this subchapter, or if the court is permitted by Article 46B.004 (Raising Issue of Incompetency to Stand Trial)(e) to proceed under this subchapter, the court shall determine whether there is evidence to support a finding that the defendant is either a person with mental illness or a person with an intellectual disability.

(b)

If it appears to the court that there is evidence to support a finding of mental illness or an intellectual disability, the court shall enter an order transferring the defendant to the appropriate court for civil commitment proceedings and stating that all charges pending against the defendant in that court have been dismissed. The court may order the defendant:

(1)

detained in jail or any other suitable place pending the prompt initiation and prosecution by the attorney for the state or other person designated by the court of appropriate civil proceedings to determine whether the defendant will be committed to a mental health facility or residential care facility; or

(2)

placed in the care of a responsible person on satisfactory security being given for the defendant’s proper care and protection.

(c)

Notwithstanding Subsection (b), a defendant placed in a facility of the commission pending civil hearing under this article may be detained in that facility only with the consent of the head of the facility and pursuant to an order of protective custody issued under Subtitle C, Title 7, Health and Safety Code.

(d)

If the court does not detain or place the defendant under Subsection (b), the court shall release the defendant.
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. 32, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 324 (S.B. 679), Sec. 33, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 19, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.023, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 10, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 13, eff. September 1, 2019.

Source: Article 46B.151 — Court Determination Related to Civil Commitment, https://statutes.­capitol.­texas.­gov/Docs/CR/htm/CR.­46B.­htm#46B.­151 (accessed Jun. 5, 2024).

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

Accessed:
Jun. 5, 2024

Art. 46B.151’s source at texas​.gov