Art. 46C.153.  GENERAL PROVISIONS RELATING TO DETERMINATION OF SANITY ISSUE BY JUDGE OR JURY.  (a)  The judge or jury shall determine that a defendant is not guilty by reason of insanity if:
(1)  the prosecution has established beyond a reasonable doubt that the alleged conduct constituting the offense was committed; and
(2)  the defense has established by a preponderance of the evidence that the defendant was insane at the time of the alleged conduct.
(b)  The parties may, with the consent of the judge, agree to both:
(1)  dismissal of the indictment or information on the ground that the defendant was insane; and
(2)  entry of a judgment of dismissal due to the defendant's insanity.
(c)  An entry of judgment under Subsection (b)(2) has the same effect as a judgment stating that the defendant has been found not guilty by reason of insanity.
Added by Acts 2005, 79th Leg., Ch. 831 (S.B. 837), Sec. 2, eff. September 1, 2005.