Texas § 46C.102 EXPERTS: QUALIFICATIONS.

Texas Statutes

§ 46C.102 — EXPERTS: QUALIFICATIONS.

Texas § 46C.102

Code CRCode of Criminal Procedure

This text of Texas § 46C.102 (EXPERTS: QUALIFICATIONS.) 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. § 46C.102 (2026).

Text

Art. 46C.102. EXPERTS: QUALIFICATIONS.

(a)The court may appoint qualified psychiatrists or psychologists as experts under this chapter. To qualify for appointment under this subchapter as an expert, a psychiatrist or psychologist must:

(1)as appropriate, be a physician licensed in this state or be a psychologist licensed in this state who has a doctoral degree in psychology; and

(2)have the following certification or training:

(A)as appropriate, certification by:

(i)the American Board of Psychiatry and Neurology with added or special qualifications in forensic psychiatry; or

(ii)the American Board of Professional Psychology in forensic psychology; or

(B)training consisting of:

(i)at least 24 hours of specialized forensic training relating to incompetency or insanity evaluations; an

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Art. 46C.102. EXPERTS: QUALIFICATIONS. (a) The court may appoint qualified psychiatrists or psychologists as experts under this chapter. To qualify for appointment under this subchapter as an expert, a psychiatrist or psychologist must:
(1) as appropriate, be a physician licensed in this state or be a psychologist licensed in this state who has a doctoral degree in psychology; and
(2) have the following certification or training:
(A) as appropriate, certification by:
(i) the American Board of Psychiatry and Neurology with added or special qualifications in forensic psychiatry; or
(ii) the American Board of Professional Psychology in forensic psychology; or
(B) training consisting of:
(i) at least 24 hours of specialized forensic training relating to incompetency or insanity evaluations; and
(ii) at least eight hours of continuing education relating to forensic evaluations, completed in the 12 months preceding the appointment.
(b) In addition to meeting qualifications required by Subsection (a), to be appointed as an expert a psychiatrist or psychologist must have completed six hours of required continuing education in courses in forensic psychiatry or psychology, as appropriate, in the 24 months preceding the appointment.
(c) A court may appoint as an expert a psychiatrist or psychologist who does not meet the requirements of Subsections (a) and (b) only if exigent circumstances require the court to base the appointment on professional training or experience of the expert that directly provides the expert with a specialized expertise to examine the defendant that would not ordinarily be possessed by a psychiatrist or psychologist who meets the requirements of Subsections (a) and (b).

Legislative History

Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837 ), Sec. 2, eff. September 1, 2005. Amended by: Acts 2021, 87th Leg., R.S., Ch. 936 (S.B. 49 ), Sec. 9, eff. September 1, 2021.