( 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 committing court is located . That county shall reimburse the facility for the mileage and per diem expenses of the personnel required to transport the defendant calculated in accordance with the state travel regulations in effect at the time .
( b ) A written assessment of the information collected under Subsection ( a )( 1 )( A ) shall be provided to the magistrate not later than the 30th day after the date of any order issued under Subsection ( a ) in a felony case and not later than the 10th day after the date of any order issued under that subsection in a misdemeanor case , and the magistrate shall provide copies of the written assessment to the defense counsel , the prosecuting attorney , and the trial court . The written assessment must include a description of the procedures used in the collection of information under Subsection ( a )( 1 )( A ) and the applicable expert ' s observations and findings pertaining to :
( 1 ) whether the defendant is a person who has a mental illness or is a person with an intellectual disability [ mental retardation ];
( 2 ) whether there is clinical evidence to support a belief that the defendant may be incompetent to stand trial and should undergo a complete competency examination under Subchapter B , Chapter 46B ; and ( 3 ) recommended treatment . ( c ) After the trial court receives the applicable expert ' s written assessment relating to the defendant under Subsection ( b ) or elects to use the results of a previous determination as described by Subsection ( a )( 2 ), the trial court may , as applicable :
( 1 ) resume criminal proceedings against the defendant , including any appropriate proceedings related to the defendant ' s release on personal bond under Article 17.032 ;
( 2 ) resume or initiate competency proceedings , if required , as provided by Chapter 46B
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