1. (a) Except as provided by Subsection (b), on a determination that a defendant is incompetent to stand trial, the court shall:

   1. (1) commit the defendant to a facility under Article 46B.073; or
   2. (2) release the defendant on bail under Article 46B.072.

2. (b) On a determination that a defendant is incompetent to stand trial and is unlikely to be restored to competency in the foreseeable future, the court shall:

   1. (1) proceed under Subchapter E or F; or
   2. (2) release the defendant on bail as permitted under Chapter 17.

Added by Acts 2003, 78th Leg., ch. 35, Sec. 1, eff. Jan. 1, 2004.

Acts 2011, 82nd Leg., R.S., Ch. 822 (H.B. 2725), Sec. 9, eff. September 1, 2011.