Tex. Code Crim. Proc. art. 46B.003

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 46B.003 - Incompetency; Presumptions

(a) A person is incompetent to stand trial if the person does not have:

(1) sufficient present ability to consult with the person's lawyer with a reasonable degree of rational understanding; or

(2) a rational as well as factual understanding of the proceedings against the person.

(b) A defendant is presumed competent to stand trial and shall be found competent to stand trial unless proved incompetent by a preponderance of the evidence.

Tex. Code Crim. Proc. § 46B.003

Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. 1/1/2004.