Defendant does not testify. Proposed charge has paragraph on defendant not testifying. Defendant objects to instruction, judge overrules. Had judge allowed paragraph to be removed.
1. Would there have been error?
2. Would this have been ineffective assistance?

1. I don't think so. If it's not error to fail to sua sponte give such an instruction, see Brown v. State, 617 S.W.2d 234, 238 (Tex. Crim. App. 1981) ("where a request is made" it is error to refuse the instruction), it can't possibly be error to leave out the instruction on request (even if it were error, it would be invited, etc.).

2. Definitely not. See, e.g., U.S. v. Gomez-Olivas, 897 F.2d 500, 502 (10th Cir. 1990) (tactical decision to ask for no-adverse-inference instruction).

3. A closer question might be if the defendant objects to the instruction, but the judge puts it in anyway. That would still probably be okay. See Hastings v. State, 641 S.W.2d 332, 335 (Tex. App.--Dallas 1982, pet. ref'd) (no error to give instruction over objection, but no analysis).