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Texas statute

Tex. Code Crim. Proc. art. 46B.003 — Incompetency; presumptions

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 46B: INCOMPETENCY TO STAND TRIAL, Texas Code of Criminal Procedure.

Full text of Tex. Code Crim. Proc. art. 46B.003

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Code Crim. Proc. art. 46B.003Primary source, current through the 89th Legislature, 2nd Called Session (2025)
(a) A person is incompetent to stand trial if the person does not have: (1) sufficient present ability to consult with the person's lawyer with a reasonable degree of rational understanding; or (2) a rational as well as factual understanding of the proceedings against the person. (b) A defendant is presumed competent to stand trial and shall be found competent to stand trial unless proved incompetent by a preponderance of the evidence.

Official sources

This reference is informational and is not legal advice.