Art. 46B.108. REDETERMINATION OF COMPETENCY. (a) If criminal charges against a defendant found incompetent to stand trial have not been dismissed, the trial court at any time may determine whether the defendant has been restored to competency. (b) An inquiry into restoration of competency under this subchapter may be made at the request of the head of the mental health facility or residential care facility to which the defendant has been committed, the defendant, the attorney representing the defendant, or the attorney representing the state, or may be made on the court's own motion. Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004. Subsec. (b) amended by Acts 2005, 79th Leg., ch. 324, Sec. 25, eff. Sept. 1, 2005.

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