Texas § 46B.113 DETERMINATION OF RESTORATION WITHOUT AGREEMENT.

Texas Statutes

§ 46B.113 — DETERMINATION OF RESTORATION WITHOUT AGREEMENT.

Texas § 46B.113

Code CRCode of Criminal Procedure

This text of Texas § 46B.113 (DETERMINATION OF RESTORATION WITHOUT AGREEMENT.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Code of Criminal Procedure Code Ann. § 46B.113 (2026).

Text

Art. 46B.113. DETERMINATION OF RESTORATION WITHOUT AGREEMENT.

(a)The court shall hold a hearing on a request by the head of a facility or outpatient treatment provider to which a defendant has been committed as a result of a finding of incompetency to stand trial to determine whether the defendant has been restored to competency.

(b)The court may hold a hearing on a motion to determine whether the defendant has been restored to competency or on the court's decision on its own motion to inquire into restoration of competency, and shall hold a hearing if a motion and any supporting material establish good reason to believe the defendant may have been restored to competency.

(c)If a court holds a hearing under this article, on the request of the counsel for either party or the motion of th

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Art. 46B.113. DETERMINATION OF RESTORATION WITHOUT AGREEMENT. (a) The court shall hold a hearing on a request by the head of a facility or outpatient treatment provider to which a defendant has been committed as a result of a finding of incompetency to stand trial to determine whether the defendant has been restored to competency.
(b) The court may hold a hearing on a motion to determine whether the defendant has been restored to competency or on the court's decision on its own motion to inquire into restoration of competency, and shall hold a hearing if a motion and any supporting material establish good reason to believe the defendant may have been restored to competency.
(c) If a court holds a hearing under this article, on the request of the counsel for either party or the motion of the court, a jury shall make the competency determination. If the competency determination will be made by the court rather than a jury, the court may conduct the hearing:
(1) at the facility; or
(2) by means of an electronic broadcast system as provided by Article 46B.013 .
(d) If the head of a facility or outpatient treatment provider to which the defendant was committed as a result of a finding of incompetency to stand trial has provided an opinion that the defendant has regained competency, competency is presumed at a hearing under this subchapter and continuing incompetency must be proved by a preponderance of the evidence.
(e) If the head of a facility or outpatient treatment provider has not provided an opinion described by Subsection (d), incompetency is presumed at a hearing under this subchapter and the defendant's competency must be proved by a preponderance of the evidence.

Legislative 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. 27, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1307 (S.B. 867 ), Sec. 17, eff. September 1, 2007.