Tex. Code Crim. Proc. art. 46B.003 : CODE OF CRIMINAL PROCEDURE — CODE OF CRIMINAL PROCEDURE — INCOMPETENCY TO STAND TRIAL — GENERAL PROVISIONS — Incompetency; Presumptions

(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.

Tex. Code Crim. Proc. § 46B.003

Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. 1/1/2004.
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