(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.
Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 46B - Incompetency to Stand Trial
Subchapter . A. General Provisions
Article 46B.002. Applicability
Article 46B.0021. Facility Designation
Article 46B.003. Incompetency; Presumptions
Article 46B.004. Raising Issue of Incompetency to Stand Trial
Article 46B.005. Determining Incompetency to Stand Trial
Article 46B.006. Appointment of and Representation by Counsel
Article 46B.007. Admissibility of Statements and Certain Other Evidence
Article 46B.008. Rules of Evidence
Article 46B.010. Mandatory Dismissal of Misdemeanor Charges
Article 46B.012. Compliance With Chapter
Article 46B.013. Use of Electronic Broadcast System in Certain Proceedings Under This Chapter