Bill Text: TX HB2227 | 2025-2026 | 89th Legislature | Introduced

Texas House Bill 2227

Introduced

Bill Title: Relating to the period for transporting a criminal defendant who is found incompetent to stand trial to a facility for competency restoration services and to the compensation to the county for the costs of confinement occurring after that period.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-29 - Filed [HB2227 Detail]

Download: Texas-2025-HB2227-Introduced.html



	By: Hinojosa	H.B. No. 2227



	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 and to the compensation to the county for the
	costs of confinement occurring after that period.
	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. TRANSFER TO COMMISSION; COMPENSATION TO
	COUNTIES. (a) The commission shall take custody of a defendant
	awaiting transfer to a mental health facility operated by or under
	contract with the commission not later than the 21st day following
	the date the court delivered a signed order of commitment under
	Article 46B.076.
	(b) If the commission does not take custody of a defendant
	within the period prescribed by Subsection (a), the commission
	shall:
	(1) evaluate the overall health of the defendant in
	person at least once a week until the defendant is transferred to
	the appropriate mental health facility; and
	(2) compensate the county for the cost of confinement
	for each day that the defendant remains confined in the county jail
	following the expiration of that period.
	(c) The compensation described by Subsection (b)(2) must be
	equal to the amount that would have been incurred by the commission
	to confine the defendant for that period.
	SECTION 2. (a) The change in law made by this Act applies to
	a defendant for whom an order of commitment is issued before, on, or
	after the effective date of this Act.
	(b) Notwithstanding Article 46B.0753(a), Code of Criminal
	Procedure, as added by this Act, for a defendant who, on the
	effective date of this Act, is confined in a county jail and
	awaiting transfer to a mental health facility under an order of
	commitment, the 21-day period provided by that subsection for the
	Health and Human Services Commission to take custody of the
	defendant begins on the effective date of this Act.
	SECTION 3. This Act takes effect September 1, 2025.