Health and Safety Code, or is a person with an intellectual
disability [mental retardation] as defined by Section 591.003,
Health and Safety Code, including information obtained from any
previous assessment of the defendant; and
(B) provide to the magistrate a written
assessment of the information collected under Paragraph (A).
(2) The magistrate is not required to order the
collection of information under Subdivision (1) if the defendant in
the year preceding the defendant's applicable date of arrest has
been determined to have a mental illness or to be a person with an
intellectual disability [mental retardation] by the local mental
health or intellectual and developmental disability [mental
retardation] authority or another mental health or intellectual
disability [mental retardation] expert described by Subdivision
(1). A court that elects to use the results of that previous
determination may proceed under Subsection (c).
(3) If the defendant fails or refuses to submit to the
collection of information regarding the defendant as required under
Subdivision (1), the magistrate may order the defendant to submit
to an examination in a mental health facility determined to be
appropriate by the local mental health or intellectual and
developmental disability [mental retardation] authority for a
reasonable period not to exceed 21 days. The magistrate may order a
defendant to a facility operated by the Department of State Health
Services or the Health and Human Services Commission [Department of
Aging and Disability Services] for examination only on request of
the local mental health or intellectual and developmental
disability [mental retardation] authority and with the consent of
the head of the facility. If a defendant who has been ordered to a
facility operated by the Department of State Health Services or the
Health and Human Services Commission [Department of Aging and
Disability Services] for examination remains in the facility for a
period exceeding 21 days, the head of that facility shall cause the
defendant to be immediately transported to the committing court and
placed in the custody of the sheriff of the county in which the