Article 46B.073(b) 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 B. EXAMINATION
SUBCHAPTER D. PROCEDURES ON DETERMINATION OF INCOMPETENCY
Title: H.B. No. 2014
By: Keel, Gallego, Phillips
Art. 46B.073. COMMITMENT FOR RESTORATION TO COMPETENCY.
(a) This article applies only to a defendant not released on bail.
(b) The court shall commit a defendant described by Subsection (a) to a mental health facility or residential care facility for a period not to exceed 120 days for further examination and treatment toward the specific objective of attaining competency to stand trial.
(c) If the defendant is charged with an offense listed in Article 17.032(a) or the indictment requests an affirmative finding under Section 3g(a)(2), Article 42.12, the court shall enter an order committing the defendant to the maximum security unit of any facility designated by the department, to an agency of the United
States operating a mental hospital, or to a Department of Veterans Affairs hospital.
(d) If the defendant is not charged with an offense listed in Article 17.032(a) and the indictment does not request an affirmative finding under Section 3g(a)(2), Article 42.12, the court shall enter an order committing the defendant to a mental health facility or residential care facility determined to be appropriate by the local mental health authority or local mental retardation authority.
