Tex. Code of Criminal Procedure § 46B.051
This is the official text of Tex. Code of Criminal Procedure § 46B.051, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
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§ 46B.051. TRIAL BEFORE JUDGE OR JURY.
Official statutory text
(a) If a court holds a trial to determine whether the defendant is incompetent to stand trial, on the request of either party or the motion of the court, a jury shall make the determination.
(b) The court shall make the determination of incompetency if a jury determination is not required by Subsection (a).
(c) If a jury determination is required by Subsection (a), a jury that has not been selected to determine the guilt or innocence of the defendant must determine the issue of incompetency.
(b) The court shall make the determination of incompetency if a jury determination is not required by Subsection (a).
(c) If a jury determination is required by Subsection (a), a jury that has not been selected to determine the guilt or innocence of the defendant must determine the issue of incompetency.
Status: in_force · Read it on the official government site
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