Section 46B.071 - Options On Determination of Incompetency(a) Except as provided by Subsection (b), on a determination that a defendant is incompetent to stand trial, the court shall:(1) if the defendant is charged with an offense punishable as a Class B misdemeanor: (A) release the defendant on bail under Article 46B.0711; or(B) commit the defendant to:(i) a jail-based competency restoration program under Article 46B.073(e); or(ii) a mental health facility or residential care facility under Article 46B.073(f); or(2) if the defendant is charged with an offense punishable as a Class A misdemeanor or any higher category of offense: (A) release the defendant on bail under Article 46B.072; or(B) commit the defendant to a facility or a jail-based competency restoration program under Article 46B.073(c) or (d).(b) On a determination that a defendant is incompetent to stand trial and is unlikely to be restored to competency in the foreseeable future, the court shall:(1) proceed under Subchapter E or F; or(2) release the defendant on bail as permitted under Chapter 17.Tex. Code Crim. Proc. § 46B.071
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 748,Sec. 10, eff. 9/1/2017.Amended by Acts 2011, 82nd Leg., R.S., Ch. 822, Sec. 9, eff. 9/1/2011.Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. 1/1/2004.