If the Texas legislature would consider the addition of a volitional provision, no matter what form they might choose, would mark a substantial improvement to what presently exists. Such addition would represent a modernization in attitude and would allow the law in Texas to comport more closely with the prevailing societal views on mental health. Those with severe mental health issues deserve the opportunity of having their conditions treated. Lacking the capacity to make reasoned and rational decisions should not subject one to criminal sanctions.

In conclusion, convincing a historically conservative Texas legislature to enact significant changes in the insanity defense laws will be an uphill battle. Attempts have been made from time to do so and all such attempts have met with failure. The political climate in Texas is presently not conducive to radical or even moderate change on this issue. Law and order platforms are the popular choice...
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