If a court orders that a defendant charged with a misdemeanor punishable by confinement be committed to a mental hospital or other inpatient or residential facility or to a jail-based competency restoration program, that the defendant participate in an outpatient competency restoration or treatment program, or that the defendant be subjected to any combination of inpatient treatment, outpatient competency restoration or treatment program participation, or jail-based competency restoration under this chapter, and the defendant is not tried before the expiration of the maximum period of restoration described by Article 46B.0095:
(1) on the motion of the attorney representing the state, the court shall dismiss the charge; or
(2) on the motion of the attorney representing the defendant and notice to the attorney representing the state, the court:
(A) shall set the matter to be heard not later than the 10th day after the date of filing of the motion; and
(B) may dismiss the charge on a finding that the defendant was not tried before the expiration of the maximum period of restoration.