Texas § 46B.115 SUBSEQUENT REDETERMINATIONS OF COMPETENCY.

Texas Statutes

§ 46B.115 — SUBSEQUENT REDETERMINATIONS OF COMPETENCY.

Texas § 46B.115

Code CRCode of Criminal Procedure

This text of Texas § 46B.115 (SUBSEQUENT REDETERMINATIONS OF COMPETENCY.) 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.115 (2026).

Text

Art. 46B.115. SUBSEQUENT REDETERMINATIONS OF COMPETENCY.

(a)If the court has made a determination that a defendant has not been restored to competency under this subchapter, a subsequent request or motion for a redetermination of competency filed before the 91st day after the date of that determination must:

(1)explain why the person making the request or motion believes another inquiry into restoration is appropriate; and

(2)provide support for the belief.

(b)The court may hold a hearing on a request or motion under this article only if the court first finds reason to believe the defendant's condition has materially changed since the prior determination that the defendant was not restored to competency.

(c)If the competency determination will be made by the court, the court may condu

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Art. 46B.115. SUBSEQUENT REDETERMINATIONS OF COMPETENCY. (a) If the court has made a determination that a defendant has not been restored to competency under this subchapter, a subsequent request or motion for a redetermination of competency filed before the 91st day after the date of that determination must:
(1) explain why the person making the request or motion believes another inquiry into restoration is appropriate; and
(2) provide support for the belief.
(b) The court may hold a hearing on a request or motion under this article only if the court first finds reason to believe the defendant's condition has materially changed since the prior determination that the defendant was not restored to competency.
(c) If the competency determination will be made by the court, the court may conduct the hearing at the facility to which the defendant has been committed under this chapter or may conduct the hearing by means of an electronic broadcast system as provided by Article 46B.013 .

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. 29, eff. September 1, 2005.