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Chapter 46B: Incompetency to Stand Trial

Texas Code of Criminal Procedure – 2026

All Sections Code of Criminal Procedure Overview ← Previous Chapter 46: Miscellaneous Provisions Relating to Mental Illness and Intellectual Disability Next → Chapter 46C: Insanity Defense

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Chapter 1: General Provisions Chapter 2: General Duties of Officers Chapter 2A: Officers; Powers and Duties Chapter 2B: Law Enforcement Interactions with Public Chapter 3: Definitions Chapter 4: Courts and Criminal Jurisdiction Chapter 5: Family Violence Prevention Chapter 5A: Preventing, Investigating, and Prosecuting Family Violence Chapter 5B: Procedures for Certain Offenses Involving Illegal Entry Into This State Chapter 5C: Procedures for Real Property Theft and Fraud Chapter 6: Preventing Offenses by the Act of Magistrates and Other Officers; Education Concerning Consequences of Certain Offenses Chapter 7: Proceedings Before Magistrates to Prevent Offenses Chapter 7B: Protective Orders Chapter 7C: Prohibition on Recognition, Service, and Enforcement of Extreme Risk Protective Orders Chapter 8: Suppression of Riots and Other Disturbances Chapter 9: Offenses Injurious to Public Health Chapter 9A: Trade, Business, or Occupation Injurious to Public Health Chapter 11: Habeas Corpus Chapter 12: Limitation Chapter 13A: Venue Chapter 14: Arrest Without Warrant Chapter 15: Arrest Under Warrant Chapter 16: The Commitment or Discharge of the Accused Chapter 17: Bail Chapter 17A: Corporations and Associations Chapter 18: Search Warrants Chapter 18A: Detection, Interception, and Use of Wire, Oral, and Electronic Communications Chapter 18B: Installation and Use of Tracking Equipment; Access to Communications Chapter 19A: Grand Jury Organization Chapter 20A: Grand Jury Proceedings Chapter 21: Indictment and Information Chapter 22: Forfeiture of Bail Chapter 23: The Capias Chapter 24: Subpoena and Attachment Chapter 24A: Responding to Subpoenas and Certain Other Court Orders; Preserving Certain Information Chapter 25: Service of a Copy of the Indictment Chapter 26: Arraignment Chapter 27: The Pleading in Criminal Actions Chapter 28: Motions, Pleadings and Exceptions Chapter 29: Continuance Chapter 30: Disqualification of the Judge Chapter 31A: Change of Venue Chapter 32: Dismissing Prosecutions Chapter 32A: Speedy Trial Chapter 33: The Mode of Trial Chapter 34: Special Venire in Capital Cases Chapter 35: Formation of the Jury Chapter 36: The Trial Before the Jury Chapter 37: The Verdict Chapter 38: Evidence in Criminal Actions Chapter 39: Depositions and Discovery Chapter 40: New Trials Chapter 41: Arrest of Judgment Chapter 42: Judgment and Sentence Chapter 42A: Community Supervision Chapter 43: Execution of Judgment Chapter 44: Appeal and Writ of Error Chapter 45A: Justice and Municipal Courts Chapter 46: Miscellaneous Provisions Relating to Mental Illness and Intellectual Disability Chapter 46B: Incompetency to Stand Trial Chapter 46C: Insanity Defense Chapter 47: Disposition of Stolen Property Chapter 48: Pardon and Parole Chapter 49: Inquests Upon Dead Bodies Chapter 49A: Death Inquests Chapter 50: Fire Inquests Chapter 50A: Fire Inquests Chapter 51: Fugitives from Justice Chapter 52: Court of Inquiry Chapter 55A: Expunction of Criminal Records Chapter 56A: Rights of Crime Victims Chapter 56B: Crime Victims' Compensation Chapter 56C: Landowner Compensation for Property Damage Caused by Certain Criminal Activities Chapter 58: Confidentiality of Identifying Information and Medical Records of Certain Crime Victims Chapter 59: Forfeiture of Contraband Chapter 62: Sex Offender Registration Program Chapter 63: Missing Children and Missing Persons Chapter 64: Motion for Forensic Dna Testing Chapter 65: Terrorist Offender Registration Program Chapter 66: Criminal History Record System Chapter 67: Compilation of Information Pertaining to Combinations and Criminal Street Gangs Chapter 101: General Provisions Chapter 102: Costs, Fees, and Fines Paid by Defendants Chapter 103: Payment, Collection, and Recordkeeping Chapter 104: Certain Expenses Paid by State or County
Art. 46B.001 DEFINITIONS Art. 46B.002 APPLICABILITY Art. 46B.0021 FACILITY DESIGNATION Art. 46B.003 INCOMPETENCY; PRESUMPTIONS Art. 46B.004 RAISING ISSUE OF INCOMPETENCY TO STAND TRIAL Art. 46B.005 DETERMINING INCOMPETENCY TO STAND TRIAL Art. 46B.006 APPOINTMENT OF AND REPRESENTATION BY COUNSEL Art. 46B.007 ADMISSIBILITY OF STATEMENTS AND CERTAIN OTHER EVIDENCE Art. 46B.008 RULES OF EVIDENCE Art. 46B.009 TIME CREDITS Art. 46B.0095 MAXIMUM PERIOD OF COMMITMENT OR PROGRAM PARTICIPATION DETERMINED BY MAXIMUM TERM FOR OFFENSE Art. 46B.010 MANDATORY DISMISSAL OF MISDEMEANOR CHARGES Art. 46B.011 APPEALS Art. 46B.012 COMPLIANCE WITH CHAPTER Art. 46B.013 USE OF ELECTRONIC BROADCAST SYSTEM IN CERTAIN PROCEEDINGS UNDER THIS CHAPTER Art. 46B.021 APPOINTMENT OF EXPERTS Art. 46B.022 EXPERTS: QUALIFICATIONS Art. 46B.023 CUSTODY STATUS Art. 46B.024 FACTORS CONSIDERED IN EXAMINATION Art. 46B.025 EXPERT'S REPORT Art. 46B.026 REPORT DEADLINE Art. 46B.027 COMPENSATION OF EXPERTS; REIMBURSEMENT OF FACILITIES Art. 46B.051 TRIAL BEFORE JUDGE OR JURY Art. 46B.052 JURY VERDICT Art. 46B.053 PROCEDURE AFTER FINDING OF COMPETENCY Art. 46B.054 UNCONTESTED INCOMPETENCY Art. 46B.055 PROCEDURE AFTER FINDING OF INCOMPETENCY Art. 46B.071 OPTIONS ON DETERMINATION OF INCOMPETENCY Art. 46B.0711 RELEASE ON BAIL FOR CLASS B MISDEMEANOR Art. 46B.072 RELEASE ON BAIL FOR FELONY OR CLASS A MISDEMEANOR Art. 46B.073 COMMITMENT FOR RESTORATION TO COMPETENCY Art. 46B.0735 DATE COMPETENCY RESTORATION PERIOD BEGINS Art. 46B.074 COMPETENT TESTIMONY REQUIRED Art. 46B.075 TRANSFER OF DEFENDANT TO FACILITY OR PROGRAM Art. 46B.0755 PROCEDURES ON CREDIBLE EVIDENCE OF IMMEDIATE RESTORATION Art. 46B.076 COURT'S ORDER Art. 46B.077 INDIVIDUAL TREATMENT PROGRAM Art. 46B.078 CHARGES SUBSEQUENTLY DISMISSED Art. 46B.079 NOTICE AND REPORT TO COURT Art. 46B.080 EXTENSION OF ORDER Art. 46B.0805 COMPETENCY RESTORATION EDUCATION SERVICES Art. 46B.081 RETURN TO COURT Art. 46B.082 TRANSPORTATION OF DEFENDANT TO COURT Art. 46B.0825 ADMINISTRATION OF MEDICATION WHILE IN CUSTODY OF SHERIFF Art. 46B.083 SUPPORTING COMMITMENT INFORMATION PROVIDED BY FACILITY OR PROGRAM Art. 46B.0831 DETERMINATION WHETHER DEFENDANT IS MANIFESTLY DANGEROUS Art. 46B.084 PROCEEDINGS ON RETURN OF DEFENDANT TO COURT Art. 46B.085 SUBSEQUENT RESTORATION PERIODS AND EXTENSIONS OF THOSE PERIODS PROHIBITED Art. 46B.086 COURT-ORDERED MEDICATIONS Art. 46B.091 JAIL-BASED COMPETENCY RESTORATION PROGRAM IMPLEMENTED BY COUNTY Art. 46B.101 APPLICABILITY Art. 46B.102 CIVIL COMMITMENT HEARING: MENTAL ILLNESS Art. 46B.103 CIVIL COMMITMENT HEARING: INTELLECTUAL DISABILITY Art. 46B.104 CIVIL COMMITMENT PLACEMENT: FINDING OF VIOLENCE Art. 46B.105 TRANSFER FOLLOWING CIVIL COMMITMENT PLACEMENT Art. 46B.1055 MODIFICATION OF ORDER FOLLOWING INPATIENT CIVIL COMMITMENT PLACEMENT Art. 46B.106 CIVIL COMMITMENT PLACEMENT: NO FINDING OF VIOLENCE Art. 46B.107 RELEASE OF DEFENDANT AFTER CIVIL COMMITMENT Art. 46B.108 REDETERMINATION OF COMPETENCY Art. 46B.109 REQUEST BY HEAD OF FACILITY OR OUTPATIENT TREATMENT PROVIDER Art. 46B.110 MOTION BY DEFENDANT, ATTORNEY REPRESENTING DEFENDANT, OR ATTORNEY REPRESENTING STATE Art. 46B.111 APPOINTMENT OF EXAMINERS Art. 46B.112 DETERMINATION OF RESTORATION WITH AGREEMENT Art. 46B.113 DETERMINATION OF RESTORATION WITHOUT AGREEMENT Art. 46B.114 TRANSPORTATION OF DEFENDANT TO COURT Art. 46B.115 SUBSEQUENT REDETERMINATIONS OF COMPETENCY Art. 46B.116 DISPOSITION ON DETERMINATION OF COMPETENCY Art. 46B.117 DISPOSITION ON DETERMINATION OF INCOMPETENCY Art. 46B.151 COURT DETERMINATION RELATED TO CIVIL COMMITMENT Art. 46B.171 TRANSCRIPTS AND OTHER RECORDS