Tex. Code of Criminal Procedure § 46B.115
This is the official text of Tex. Code of Criminal Procedure § 46B.115, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
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§ 46B.115. SUBSEQUENT REDETERMINATIONS OF COMPETENCY.
Official statutory text
(a) If the court has made a determination that a defendant has not been restored to competency under this subchapter, a subsequent request or motion for a redetermination of competency filed before the 91st day after the date of that determination must:
(1) explain why the person making the request or motion believes another inquiry into restoration is appropriate; and
(2) provide support for the belief.
(b) The court may hold a hearing on a request or motion under this article only if the court first finds reason to believe the defendant's condition has materially changed since the prior determination that the defendant was not restored to competency.
(c) If the competency determination will be made by the court, the court may conduct the hearing at the facility to which the defendant has been committed under this chapter or may conduct the hearing by means of an electronic broadcast system as provided by Article 46B.013.
(1) explain why the person making the request or motion believes another inquiry into restoration is appropriate; and
(2) provide support for the belief.
(b) The court may hold a hearing on a request or motion under this article only if the court first finds reason to believe the defendant's condition has materially changed since the prior determination that the defendant was not restored to competency.
(c) If the competency determination will be made by the court, the court may conduct the hearing at the facility to which the defendant has been committed under this chapter or may conduct the hearing by means of an electronic broadcast system as provided by Article 46B.013.
Status: in_force · Read it on the official government site
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