Section 46B.051 - Trial Before Judge or Jury(a) If a court holds a trial to determine whether the defendant is incompetent to stand trial, on the request of either party or the motion of the court, a jury shall make the determination.(b) The court shall make the determination of incompetency if a jury determination is not required by Subsection (a).(c) If a jury determination is required by Subsection (a), a jury that has not been selected to determine the guilt or innocence of the defendant must determine the issue of incompetency.Tex. Code Crim. Proc. § 46B.051
Amended by Acts 2005, 79th Leg., Ch. 324, Sec. 6, eff. 9/1/2005.Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. 1/1/2004.