(2) defendant is examined by the local mental health
or intellectual and developmental disability [mental retardation]
authority or another mental health expert under Article 16.22 [of
this code];
(3) applicable expert, in a written assessment
submitted to the magistrate under Article 16.22:
(A) concludes that the defendant has a mental
illness or is a person with an intellectual disability [mental
retardation] and is nonetheless competent to stand trial; and
(B) recommends mental health treatment or
intellectual disability treatment for the defendant, as
applicable; and
(4) magistrate determines, in consultation with the
local mental health or intellectual and developmental disability
[mental retardation] authority, that appropriate community-based
mental health or intellectual disability [mental retardation]
services for the defendant are available through the [Texas]
Department of State [Mental] Health Services [and Mental
Retardation] under Section 534.053, Health and Safety Code, or
through another mental health or intellectual disability [mental
retardation] services provider.
(c) The magistrate, unless good cause is shown for not
requiring treatment, shall require as a condition of release on
personal bond under this article that the defendant submit to
outpatient or inpatient mental health or intellectual disability
[mental retardation] treatment as recommended by the local mental
health or intellectual and developmental disability [mental
retardation] authority if the defendant's:
(1) mental illness or intellectual disability [mental
retardation] is chronic in nature; or
(2) ability to function independently will continue to
deteriorate if the defendant is not treated.
SECTION 3.03. Article 25.03, Code of Criminal Procedure, is
amended to read as follows:
Art. 25.03. IF ON BAIL IN FELONY. When the accused, in case