Article 46B.004 of the
Texas Code of Criminal Procedure
INCOMPETENCE:
One who lacks ability, legal qualification, or fitness to manage his own affairs
~The Concise Law Encyclopedia
http://www.thelawencyclopedia.com/term/incompetent
CHAPTER 46B. INCOMPETENCY TO STAND TRIAL
SUBCHAPTER A. GENERAL PROVISIONS
From: H.B. No. 2014
By: Keel, Gallego, Phillips
Art. 46B.004. RAISING ISSUE OF INCOMPETENCY TO STAND TRIAL.
(a) Either party may suggest by motion, or the trial court may suggest on its own motion, that the defendant may be incompetent to stand trial. A motion suggesting that the defendant may be incompetent to stand trial may be supported by affidavits setting out the facts on which the suggestion is made.
(b) If evidence suggesting the defendant may be incompetent to stand trial comes to the attention of the court, the court on its own motion shall suggest that the defendant may be incompetent to stand trial.
(c) On suggestion that the defendant may be incompetent to stand trial, the court shall determine by informal inquiry whether there is some evidence from any source that would support a finding that the defendant may be incompetent to stand trial.
(d) If the court determines there is evidence to support a finding of incompetency, the court, except as provided by Article 46B.005(d), shall stay all other proceedings in the case.
