88R2124 EAS-D
 
  By: Hinojosa H.B. No. 479
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the period for transporting a criminal defendant who is
  found incompetent to stand trial to a facility for competency
  restoration services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 46B, Code of Criminal
  Procedure, is amended by adding Article 46B.0753 to read as
  follows:
         Art. 46B.0753.  DEADLINE FOR TRANSFER OF DEFENDANT TO
  FACILITY. (a) A defendant who under Article 46B.073 is committed
  to a facility for competency restoration services and placed in the
  custody of the sheriff or sheriff's deputy in accordance with
  Article 46B.075 must be transported to the facility providing the
  services not later than the 21st day following the date the court
  ordered the commitment.
         (b)  If the facility to which the defendant is committed does
  not have a space available for the defendant's placement at the time
  transport is required under Subsection (a), the court that ordered
  the defendant's commitment shall commit the defendant to another
  facility providing competency restoration services or a jail-based
  competency restoration program in accordance with this subchapter.
         SECTION 2.  The change in law made by this Act applies only
  to a proceeding under Chapter 46B, Code of Criminal Procedure, that
  commences on or after the effective date of this Act, regardless of
  when the defendant may have committed the underlying offense for
  which the defendant became subject to the proceeding.
         SECTION 3.  This Act takes effect September 1, 2023.