developmental disability [ mental retardation ] authority or another qualified mental health or intellectual disability [ mental retardation ] expert to :
( A ) collect information regarding whether the defendant has a mental illness as defined by Section 571.003 , 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