( 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 of felony , is on bail at the time the indictment is presented , [ it is not necessary to serve him with a copy , but ] the clerk shall [ on request ] deliver a copy of the indictment [ same ] to the accused or the accused ' s [ his ] counsel [,] at the earliest possible time .
SECTION 3.04 . Article 25.04 , Code of Criminal Procedure , is amended to read as follows :
Art . 25.04 . IN MISDEMEANOR . In misdemeanors , the clerk shall deliver a copy of the indictment or information to the accused or the accused ' s counsel at the earliest possible time before trial