Texas Code of Criminal Procedure - Article 42.12. Community Supervision
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Art. 42.12. [781D] COMMUNITY SUPERVISION.
Purpose
Sec. 1. It is the purpose of this article to place wholly
within the state courts the responsibility for determining when the
imposition of sentence in certain cases shall be suspended, the
conditions of community supervision, and the supervision of
defendants placed on community supervision, in consonance with the
powers assigned to the judicial branch of this government by the
Constitution of Texas. It is the purpose of this article to remove
from existing statutes the limitations, other than questions of
constitutionality, that have acted as barriers to effective systems
of community supervision in the public interest.
Definitions
Sec. 2. In this article:
(1) "Court" means a court of record having original criminal
jurisdiction.
(2) "Community supervision" means the placement of a
defendant by a court under a continuum of programs and sanctions,
with conditions imposed by the court for a specified period during
which:
(A) criminal proceedings are deferred without an
adjudication of guilt; or
(B) a sentence of imprisonment or confinement, imprisonment
and fine, or confinement and fine, is probated and the imposition of
sentence is suspended in whole or in part.
(3) "Supervision officer" means a person appointed or
employed under Section 76.004, Government Code, to supervise
defendants placed on community supervision.
(4) "Electronic monitoring" includes voice tracking
systems, position tracking systems, position location systems,
biometric tracking systems, and any other electronic or
telecommunications system that may be used to assist in the
supervision of individuals under this article.
Judge Ordered Community Supervision
Sec. 3. (a) A judge, in the best interest of justice, the
public, and the defendant, after conviction or a plea of guilty or
nolo contendere, may suspend the imposition of the sentence and
place the defendant on community supervision or impose a fine
applicable to the offense and place the defendant on community
supervision.
(b) Except as provided by Subsection (f), in a felony case
the minimum period of community supervision is the same as the
minimum term of imprisonment applicable to the offense and the
maximum period of community supervision is 10 years.
(c) The maximum period of community supervision in a
misdemeanor case is two years.
(d) A judge may increase the maximum period of community
supervision in the manner provided by Section 22(c) or 22A of this
article.
(e) A defendant is not eligible for community supervision
under this section if the defendant:
(1) is sentenced to a term of imprisonment that exceeds 10
years; or
(2) is sentenced to serve a term of confinement under
Section 12.35, Penal Code.
(f) The minimum period of community supervision for a felony
described by Section 13B(b) is five years and the maximum period of
supervision is 10 years.
(g) A judge shall not deny community supervision to a
defendant based solely on the defendant's inability to speak, read,
write, hear, or understand English.
Secs. 3a to 3f. [Blank].
Limitation on Judge Ordered Community Supervision
Sec. 3g. (a) The provisions of Section 3 of this article do
not apply:
(1) to a defendant adjudged guilty of an offense under:
(A) Section 19.02, Penal Code (Murder);
(B) Section 19.03, Penal Code (Capital murder);
(C) Section 21.11(a)(1), Penal Code (Indecency with a
child);
(D) Section 20.04, Penal Code (Aggravated kidnapping);
(E) Section 22.021, Penal Code (Aggravated sexual assault);
(F) Section 29.03, Penal Code (Aggravated robbery);
(G) Chapter 481, Health and Safety Code, for which
punishment is increased under:
(i) Section 481.140, Health and Safety Code; or
(ii) Section 481.134(c), (d), (e), or (f), Health and Safety
Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any of those subsections; or
(H) Section 22.011, Penal Code (Sexual assault); or
(2) to a defendant when it is shown that a deadly weapon as
defined in Section 1.07, Penal Code, was used or exhibited during
the commission of a felony offense or during immediate flight
therefrom, and that the defendant used or exhibited the deadly
weapon or was a party to the offense and knew that a deadly weapon
would be used or exhibited. On an affirmative finding under this
subdivision, the trial court shall enter the finding in the
judgment of the court. On an affirmative finding that the deadly
weapon was a firearm, the court shall enter that finding in its
judgment.
(b) If there is an affirmative finding under Subsection
(a)(2) in the trial of a felony of the second degree or higher that
the deadly weapon used or exhibited was a firearm and the defendant
is granted community supervision, the court may order the defendant
confined in the institutional division of the Texas Department of
Criminal Justice for not less than 60 and not more than 120 days. At
any time after the defendant has served 60 days in the custody of
the institutional division, the sentencing judge, on his own motion
or on motion of the defendant, may order the defendant released to
community supervision. The institutional division shall release
the defendant to community supervision after he has served 120
days.
Jury Recommended Community Supervision
Sec. 4. (a) A jury that imposes confinement as punishment for
an offense may recommend to the judge that the judge suspend the
imposition of the sentence and place the defendant on community
supervision. A judge shall suspend the imposition of the sentence
and place the defendant on community supervision if the jury makes
that recommendation in the verdict.
(b) If the jury recommends to the judge that the judge place
the defendant on community supervision, the judge shall place the
defendant on community supervision for any period permitted under
Section 3(b) or 3(c) of this article, as appropriate.
(c) A judge may increase the maximum period of community
supervision in the manner provided by Section 22(c) or Section 22A
of this article.
(d) A defendant is not eligible for community supervision
under this section if the defendant:
(1) is sentenced to a term of imprisonment that exceeds 10
years;
(2) is convicted of a state jail felony for which suspension
of the imposition of the sentence occurs automatically under
Section 15(a);
(3) does not file a sworn motion under Subsection (e) of
this section or for whom the jury does not enter in the verdict a
finding that the information contained in the motion is true; or
(4) is adjudged guilty of an offense for which punishment is
increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any one of those subsections.
(e) A defendant is eligible for community supervision under
this section only if before the trial begins the defendant files a
written sworn motion with the judge that the defendant has not
previously been convicted of a felony in this or any other state,
and the jury enters in the verdict a finding that the information in
the defendant's motion is true.
Deferred Adjudication; Community Supervision
Sec. 5. (a) Except as provided by Subsection (d) of this
section, when in the judge's opinion the best interest of society
and the defendant will be served, the judge may, after receiving a
plea of guilty or plea of nolo contendere, hearing the evidence, and
finding that it substantiates the defendant's guilt, defer further
proceedings without entering an adjudication of guilt, and place
the defendant on community supervision. A judge may place on
community supervision under this section a defendant charged with
an offense under Section 21.11, 22.011, or 22.021, Penal Code,
regardless of the age of the victim, or a defendant charged with a
felony described by Section 13B(b) of this article, only if the
judge makes a finding in open court that placing the defendant on
community supervision is in the best interest of the victim. The
failure of the judge to find that deferred adjudication is in the
best interest of the victim is not grounds for the defendant to set
aside the plea, deferred adjudication, or any subsequent conviction
or sentence. After placing the defendant on community supervision
under this section, the judge shall inform the defendant orally or
in writing of the possible consequences under Subsection (b) of
this section of a violation of community supervision. If the
information is provided orally, the judge must record and maintain
the judge's statement to the defendant. The failure of a judge to
inform a defendant of possible consequences under Subsection (b) of
this section is not a ground for reversal unless the defendant shows
that he was harmed by the failure of the judge to provide the
information. In a felony case, the period of community supervision
may not exceed 10 years. For a defendant charged with a felony
under Section 21.11, 22.011, or 22.021, Penal Code, regardless of
the age of the victim, and for a defendant charged with a felony
described by Section 13B(b) of this article, the period of
community supervision may not be less than five years. In a
misdemeanor case, the period of community supervision may not
exceed two years. A judge may increase the maximum period of
community supervision in the manner provided by Section 22(c) or
22A of this article. The judge may impose a fine applicable to the
offense and require any reasonable conditions of community
supervision, including mental health treatment under Section 11(d)
of this article, that a judge could impose on a defendant placed on
community supervision for a conviction that was probated and
suspended, including confinement. The provisions of Section 15 of
this article specifying whether a defendant convicted of a state
jail felony is to be confined in a county jail or state jail felony
facility and establishing the minimum and maximum terms of
confinement as a condition of community supervision apply in the
same manner to a defendant placed on community supervision after
pleading guilty or nolo contendere to a state jail felony. However,
upon written motion of the defendant requesting final adjudication
filed within 30 days after entering such plea and the deferment of
adjudication, the judge shall proceed to final adjudication as in
all other cases.
(b) On violation of a condition of community supervision
imposed under Subsection (a) of this section, the defendant may be
arrested and detained as provided in Section 21 of this article.
The defendant is entitled to a hearing limited to the determination
by the court of whether it proceeds with an adjudication of guilt on
the original charge. No appeal may be taken from this
determination. After an adjudication of guilt, all proceedings,
including assessment of punishment, pronouncement of sentence,
granting of community supervision, and defendant's appeal continue
as if the adjudication of guilt had not been deferred. A court
assessing punishment after an adjudication of guilt of a defendant
charged with a state jail felony may suspend the imposition of the
sentence and place the defendant on community supervision or may
order the sentence to be executed, regardless of whether the
defendant has previously been convicted of a felony.
(c) On expiration of a community supervision period imposed
under Subsection (a) of this section, if the judge has not proceeded
to adjudication of guilt, the judge shall dismiss the proceedings
against the defendant and discharge him. The judge may dismiss the
proceedings and discharge a defendant, other than a defendant
charged with an offense requiring the defendant to register as a sex
offender under Chapter 62, as added by Chapter 668, Acts of the 75th
Legislature, Regular Session, 1997, prior to the expiration of the
term of community supervision if in the judge's opinion the best
interest of society and the defendant will be served. The judge may
not dismiss the proceedings and discharge a defendant charged with
an offense requiring the defendant to register under Chapter 62, as
added by Chapter 668, Acts of the 75th Legislature, Regular
Session, 1997. Except as provided by Section 12.42(g), Penal Code,
a dismissal and discharge under this section may not be deemed a
conviction for the purposes of disqualifications or disabilities
imposed by law for conviction of an offense. For any defendant who
receives a dismissal and discharge under this section:
(1) upon conviction of a subsequent offense, the fact that
the defendant had previously received community supervision with a
deferred adjudication of guilt shall be admissible before the court
or jury to be considered on the issue of penalty;
(2) if the defendant is an applicant for a license or is a
licensee under Chapter 42, Human Resources Code, the Texas
Department of Human Services may consider the fact that the
defendant previously has received community supervision with a
deferred adjudication of guilt under this section in issuing,
renewing, denying, or revoking a license under that chapter; and
(3) if the defendant is a person who has applied for
registration to provide mental health or medical services for the
rehabilitation of sex offenders, the Interagency Council on Sex
Offender Treatment may consider the fact that the defendant has
received community supervision under this section in issuing,
renewing, denying, or revoking a license or registration issued by
that council.
(d) In all other cases the judge may grant deferred
adjudication unless:
(1) the defendant is charged with an offense:
(A) under Section 49.04, 49.05, 49.06, 49.07, or 49.08,
Penal Code; or
(B) for which punishment may be increased under Section
481.134(c), (d), (e), or (f), Health and Safety Code, if it is shown
that the defendant has been previously convicted of an offense for
which punishment was increased under any one of those subsections;
or
(2) the defendant:
(A) is charged with an offense under Section 21.11, 22.011,
or 22.021, Penal Code, regardless of the age of the victim, or a
felony described by Section 13B(b) of this article; and
(B) has previously been placed on community supervision for
any offense under Paragraph (A) of this subdivision.
(e) If a judge places on community supervision under this
section a defendant charged with an offense under Section 20.02,
20.03, or 20.04, Penal Code, or an attempt, conspiracy, or
solicitation to commit one of those offenses, the judge shall make
an affirmative finding of fact and file a statement of that
affirmative finding with the papers in the case if the judge
determines that the victim or intended victim was younger than 17
years of age at the time of the offense.
(f) A record in the custody of the court clerk regarding a
case in which a person is granted deferred adjudication is not
confidential.
(g) If a judge places on community supervision under this
section a defendant charged with an offense under Section 21.11,
22.011, 22.021, or 43.25, Penal Code, the judge shall make an
affirmative finding of fact and file a statement of that
affirmative finding with the papers in the case if the judge
determines that:
(1) at the time of the offense, the defendant was younger
than 19 years of age and the victim or intended victim was at least
13 years of age; and
(2) the charge to which the plea is entered under this
section is based solely on the ages of the defendant and the victim
or intended victim at the time of the offense.
(h) A court retains jurisdiction to hold a hearing under
Subsection (b) and to proceed with an adjudication of guilt,
regardless of whether the period of community supervision imposed
on the defendant has expired, if before the expiration the attorney
representing the state files a motion to proceed with the
adjudication and a capias is issued for the arrest of the defendant.
Continuing Court Jurisdiction in Felony Cases
Sec. 6. (a) For the purposes of this section, the
jurisdiction of a court in which a sentence requiring imprisonment
in the institutional division of the Texas Department of Criminal
Justice is imposed by the judge of the court shall continue for 180
days from the date the execution of the sentence actually begins.
Before the expiration of 180 days from the date the execution of the
sentence actually begins, the judge of the court that imposed such
sentence may on his own motion, on the motion of the attorney
representing the state, or on the written motion of the defendant,
suspend further execution of the sentence and place the defendant
on community supervision under the terms and conditions of this
article, if in the opinion of the judge the defendant would not
benefit from further imprisonment and:
(1) the defendant is otherwise eligible for community
supervision under this article; and
(2) the defendant had never before been incarcerated in a
penitentiary serving a sentence for a felony.
(b) When the defendant or the attorney representing the
state files a written motion requesting suspension by the judge of
further execution of the sentence and placement of the defendant on
community supervision, and when requested to do so by the judge, the
clerk of the court shall request a copy of the defendant's record
while imprisoned from the institutional division of the Texas
Department of Criminal Justice or, if the defendant is confined in
county jail, from the sheriff. Upon receipt of such request, the
institutional division of the Texas Department of Criminal Justice
or the sheriff shall forward to the judge, as soon as possible, a
full and complete copy of the defendant's record while imprisoned
or confined. When the defendant files a written motion requesting
suspension of further execution of the sentence and placement on
community supervision, he shall immediately deliver or cause to be
delivered a true and correct copy of the motion to the office of the
attorney representing the state.
(c) The judge may deny the motion without a hearing but may
not grant the motion without holding a hearing and providing the
attorney representing the state and the defendant the opportunity
to present evidence on the motion.
Continuing Court Jurisdiction in Misdemeanor Cases
Sec. 7. (a) For the purposes of this section, the
jurisdiction of the courts in this state in which a sentence
requiring confinement in a jail is imposed for conviction of a
misdemeanor shall continue for 180 days from the date the execution
of the sentence actually begins. The judge of the court that
imposed such sentence may on his own motion, on the motion of the
attorney representing the state, or on the written motion of the
defendant suspend further execution of the sentence and place the
defendant on community supervision under the terms and conditions
of this article, if in the opinion of the judge the defendant would
not benefit from further confinement.
(b) When the defendant files a written motion with the court
requesting suspension of further execution of the sentence and
placement on community supervision or when requested to do so by the
judge, the clerk of the court shall request a copy of the
defendant's record while confined from the agency operating the
jail where the defendant is confined. Upon receipt of such request,
the agency operating the jail where the defendant is confined shall
forward to the court as soon as possible a full and complete copy of
the defendant's record while confined.
(c) The judge may deny the motion without a hearing but may
not grant a motion without holding a hearing and allowing the
attorney representing the state and the defendant to present
evidence in the case.
State Boot Camp Program
Sec. 8. (a) For the purposes of this section, the
jurisdiction of a court in which a sentence requiring imprisonment
in the institutional division of the Texas Department of Criminal
Justice is imposed for conviction of a felony shall continue for 180
days from the date on which the convicted person is received into
custody by the institutional division. After the expiration of 75
days but prior to the expiration of 180 days from the date on which
the convicted person is received into custody by the institutional
division, the judge of the court that imposed the sentence may
suspend further execution of the sentence imposed and place the
person on community supervision under the terms and conditions of
this article, if in the opinion of the judge the person would not
benefit from further imprisonment. The court shall clearly
indicate in its order recommending the placement of the person in
the state boot camp program that the court is not retaining
jurisdiction over the person for the purposes of Section 6 of this
article. A court may recommend a person for placement in the state
boot camp program only if:
(1) the person is otherwise eligible for community
supervision under this article;
(2) the person is 17 years of age or older but younger than
26 years and is physically and mentally capable of participating in
a program that requires strenuous physical activity; and
(3) the person is not convicted of an offense punishable as
a state jail felony.
(b) On the 76th day after the day on which the convicted
person is received into custody by the institutional division, the
institutional division shall send the convicting court the record
of the person's progress, conduct, and conformity to institutional
division rules.
(c) The judge's recommendation that a person be placed in
the state boot camp program created under Section 499.052,
Government Code, does not give the court the power to hold the Texas
Department of Criminal Justice or any officer or employee of the
department in contempt of court for failure to adhere to that
recommendation.
Presentence Investigations
Sec. 9. (a) Except as provided by Subsection (g) of this
section, before the imposition of sentence by a judge in a felony
case, and except as provided by Subsection (b) of this section,
before the imposition of sentence by a judge in a misdemeanor case
the judge shall direct a supervision officer to report to the judge
in writing on the circumstances of the offense with which the
defendant is charged, the amount of restitution necessary to
adequately compensate a victim of the offense, the criminal and
social history of the defendant, and any other information relating
to the defendant or the offense requested by the judge. It is not
necessary that the report contain a sentencing recommendation, but
the report must contain a proposed client supervision plan
describing programs and sanctions that the community supervision
and corrections department would provide the defendant if the judge
suspended the imposition of the sentence or granted deferred
adjudication.
(b) The judge is not required to direct a supervision
officer to prepare a report in a misdemeanor case if:
(1) the defendant requests that a report not be made and the
judge agrees to the request; or
(2) the judge finds that there is sufficient information in
the record to permit the meaningful exercise of sentencing
discretion and the judge explains this finding on the record.
(c) The judge may not inspect a report and the contents of
the report may not be disclosed to any person unless:
(1) the defendant pleads guilty or nolo contendere or is
convicted of the offense; or
(2) the defendant, in writing, authorizes the judge to
inspect the report.
(d) Unless waived by the defendant, at least 48 hours before
sentencing a defendant, the judge shall permit the defendant or his
counsel to read the presentence report.
(e) The judge shall allow the defendant or his attorney to
comment on a presentence investigation or a postsentence report
and, with the approval of the judge, introduce testimony or other
information alleging a factual inaccuracy in the investigation or
report.
(f) The judge shall allow the attorney representing the
state access to any information made available to the defendant
under this section.
(g) A judge is not required to direct an officer to prepare a
presentence report in a felony case under this section if:
(1) punishment is to be assessed by a jury;
(2) the defendant is convicted of or enters a plea of guilty
or nolo contendere to capital murder;
(3) the only available punishment is imprisonment; or
(4) the judge is informed that a plea bargain agreement
exists, under which the defendant agrees to a punishment of
imprisonment, and the judge intends to follow the agreement.
(h) On a determination by the judge that alcohol or drug
abuse may have contributed to the commission of the offense, or in
any case involving a second or subsequent offense under Section
49.04, Penal Code, committed within five years of the date on which
the most recent preceding offense was committed, or a second or
subsequent offense under Section 49.07 or 49.08 of that code that
involves the operation of a motor vehicle, committed within five
years of the date on which the most recent preceding offense was
committed, the judge shall direct a supervision officer approved by
the community supervision and corrections department or the judge
or a person, program, or other agency approved by the Texas
Commission on Alcohol and Drug Abuse, to conduct an evaluation to
determine the appropriateness of, and a course of conduct necessary
for, alcohol or drug rehabilitation for a defendant and to report
that evaluation to the judge. The evaluation shall be made:
(1) after arrest and before conviction, if requested by the
defendant;
(2) after conviction and before sentencing, if the judge
assesses punishment in the case;
(3) after sentencing and before the entry of a final
judgment, if the jury assesses punishment in the case; or
(4) after community supervision is granted, if the
evaluation is required as a condition of community supervision
under Section 13 of this article.
(i) A presentence investigation conducted on any defendant
convicted of a felony offense who appears to the judge through its
own observation or on suggestion of a party to have a mental
impairment shall include a psychological evaluation which
determines, at a minimum, the defendant's IQ and adaptive behavior
score. The results of the evaluation shall be included in the
report to the judge as required by Subsection (a) of this section.
(j) The judge by order may direct that any information and
records that are not privileged and that are relevant to a report
required by Subsection (a) or Subsection (k) of this section be
released to an officer conducting a presentence investigation under
Subsection (i) of this section or a postsentence report under
Subsection (k) of this section. The judge may also issue a subpoena
to obtain that information. A report and all information obtained
in connection with a presentence investigation or postsentence
report are confidential and may be released only:
(1) to those persons and under those circumstances
authorized under Subsections (d), (e), (f), (h), (k), and (l) of
this section;
(2) pursuant to Section 614.017, Health and Safety Code; or
(3) as directed by the judge for the effective supervision
of the defendant.
(k) If a presentence report in a felony case is not required
under this section, the judge may direct the officer to prepare a
postsentence report containing the same information that would have
been required for the presentence report, other than a proposed
client supervision plan and any information that is reflected in
the judgment. If the postsentence report is ordered, the officer
shall send the report to the clerk of the court not later than the
30th day after the date on which sentence is pronounced or deferred
adjudication is granted, and the clerk shall deliver the
postsentence report with the papers in the case to a designated
officer of the Texas Department of Criminal Justice, as described
by Section 8(a), Article 42.09.
(l) [repealed by Acts 2003, 78th Leg., ch. 353, Sec. 5]
(m) Repealed by Acts 2003, 78th Leg., ch. 353, Sec. 5.
Sex Offenders: Presentence Investigation and Postsentence
Treatment and Supervision
Sec. 9A. (a) In this section:
(1) "Council" means the Council on Sex Offender Treatment.
(2) "Sex offender" means a person who has been convicted or
has entered a plea of guilty or nolo contendere for an offense under
any one of the following provisions of the Penal Code:
(A) Section 20.04(a)(4) (Aggravated Kidnapping), if the
person committed the offense with the intent to violate or abuse the
victim sexually;
(B) Section 21.08 (Indecent Exposure);
(C) Section 21.11 (Indecency with a Child);
(D) Section 22.011 (Sexual Assault);
(E) Section 22.021 (Aggravated Sexual Assault);
(F) Section 25.02 (Prohibited Sexual Conduct);
(G) Section 30.02 (Burglary), if:
(i) the offense is punishable under Subsection (d) of that
section; and
(ii) the person committed the offense with the intent to
commit a felony listed in this subsection;
(H) Section 43.25 (Sexual Performance by a Child); or
(I) Section 43.26 (Possession or Promotion of Child
Pornography).
(b) If the defendant is a sex offender, a supervision
officer may release information in a presentence or postsentence
report concerning the social and criminal history of the defendant
to a person who:
(1) is licensed or certified in this state to provide mental
health or medical services, including a:
(A) physician;
(B) psychiatrist;
(C) psychologist;
(D) licensed professional counselor;
(E) licensed marriage and family therapist; or
(F) certified social worker; and
(2) provides mental health or medical services for the
rehabilitation of the defendant.
(c) If the defendant is a sex offender, the judge shall
direct a supervision officer approved by the community supervision
and corrections department or the judge or a person, program, or
other agency approved by the council to evaluate the
appropriateness of, and a course of conduct necessary for,
treatment, specialized supervision, or rehabilitation of the
defendant and to report the results of the evaluation to the judge.
The judge may require the evaluation to use offense-specific
standards of practice adopted by the council and may require the
report to reflect those standards. The evaluation shall be made
after conviction and before the entry of a final judgment or, if
requested by the defendant, after arrest and before conviction.
Authority to Impose, Modify, or Revoke Community Supervision
Sec. 10. (a) Only the court in which the defendant was tried
may grant community supervision, impose conditions, revoke the
community supervision, or discharge the defendant, unless the judge
has transferred jurisdiction of the case to another court with the
latter's consent. Except as provided by Subsection (d) of this
section, only the judge may alter conditions of community
supervision. In a felony case, only the judge who originally
sentenced the defendant may suspend execution thereof and place the
defendant under community supervision pursuant to Section 6 of this
article. If the judge who originally sentenced the defendant is
deceased or disabled or if the office is vacant and the judge who
originally sentenced the defendant is deceased or disabled or if
the office is vacant and a motion is filed in accordance with
Section 6 of this article, the clerk of the court shall promptly
forward a copy of the motion to the presiding judge of the
administrative judicial district for that court, who may deny the
motion without a hearing or appoint a judge to hold a hearing on the
motion.
(b) After a defendant has been placed on community
supervision, jurisdiction of the case may be transferred to a court
of the same rank in this state having geographical jurisdiction
where the defendant is residing or where a violation of the
conditions of community supervision occurs. Upon transfer, the
clerk of the court of original jurisdiction shall forward a
transcript of such portions of the record as the transferring judge
shall direct to the court accepting jurisdiction, which latter
court shall thereafter proceed as if the trial and conviction had
occurred in that court.
(c) Any judge of a court having geographical jurisdiction
where the defendant is residing or where a violation of the
conditions of community supervision occurs may issue a warrant for
his arrest, but the determination of action to be taken after arrest
shall be only by the judge of the court having jurisdiction of the
case at the time the action is taken.
(d) A judge that places a defendant on community supervision
may authorize the supervision officer supervising the defendant or
a magistrate appointed by the district courts in the county that
give preference to criminal cases to modify the conditions of
community supervision for the limited purpose of transferring the
defendant to different programs within the community supervision
continuum of programs and sanctions.
(e) If a supervision officer or magistrate modifies the
conditions of community supervision, the officer or magistrate
shall deliver a copy of the modified conditions to the defendant,
shall file a copy of the modified conditions with the sentencing
court, and shall note the date of delivery of the copy in the
defendant's file. If the defendant agrees to the modification in
writing, the officer or magistrate shall file a copy of the modified
conditions with the district clerk and the conditions shall be
enforced as modified. If the defendant does not agree to the
modification in writing, the supervision officer or magistrate
shall refer the case to the judge of the court for modification in
the manner provided by Section 22 of this article.
(j-3) Deleted by Acts 1993, 73rd Leg., ch. 900, Sec. 4.01,
eff. Sept. 1, 1993.
Basic Conditions of Community Supervision
Sec. 11. (a) The judge of the court having jurisdiction of the
case shall determine the conditions of community supervision and
may, at any time, during the period of community supervision alter
or modify the conditions. The judge may impose any reasonable
condition that is designed to protect or restore the community,
protect or restore the victim, or punish, rehabilitate, or reform
the defendant. Conditions of community supervision may include,
but shall not be limited to, the conditions that the defendant
shall:
(1) Commit no offense against the laws of this State or of
any other State or of the United States;
(2) Avoid injurious or vicious habits;
(3) Avoid persons or places of disreputable or harmful
character;
(4) Report to the supervision officer as directed by the
judge or supervision officer and obey all rules and regulations of
the community supervision and corrections department;
(5) Permit the supervision officer to visit him at his home
or elsewhere;
(6) Work faithfully at suitable employment as far as
possible;
(7) Remain within a specified place;
(8) Pay his fine, if one be assessed, and all court costs
whether a fine be assessed or not, in one or several sums;
(9) Support his dependents;
(10) Participate, for a time specified by the judge in any
community-based program, including a community-service work
program under Section 16 of this article;
(11) Reimburse the county in which the prosecution was
instituted for compensation paid to appointed counsel for defending
him in the case, if counsel was appointed, or if he was represented
by a county-paid public defender, in an amount that would have been
paid to an appointed attorney had the county not had a public
defender;
(12) Remain under custodial supervision in a community
corrections facility, obey all rules and regulations of such
facility, and pay a percentage of his income to the facility for
room and board;
(13) Pay a percentage of his income to his dependents for
their support while under custodial supervision in a community
corrections facility;
(14) Submit to testing for alcohol or controlled
substances;
(15) Attend counseling sessions for substance abusers or
participate in substance abuse treatment services in a program or
facility approved or licensed by the Texas Commission on Alcohol
and Drug Abuse;
(16) With the consent of the victim of a misdemeanor offense
or of any offense under Title 7, Penal Code, participate in
victim-defendant mediation;
(17) Submit to electronic monitoring;
(18) Reimburse the general revenue fund for any amounts paid
from that fund to a victim, as defined by Article 56.01 of this
code, of the defendant's offense or if no reimbursement is
required, make one payment to the fund in an amount not to exceed
$50 if the offense is a misdemeanor or not to exceed $100 if the
offense is a felony;
(19) Reimburse a law enforcement agency for the analysis,
storage, or disposal of raw materials, controlled substances,
chemical precursors, drug paraphernalia, or other materials seized
in connection with the offense;
(20) Pay all or part of the reasonable and necessary costs
incurred by the victim for psychological counseling made necessary
by the offense or for counseling and education relating to acquired
immune deficiency syndrome or human immunodeficiency virus made
necessary by the offense;
(21) Make one payment in an amount not to exceed $50 to a
crime stoppers organization as defined by Section 414.001,
Government Code, and as certified by the Crime Stoppers Advisory
Council;
Text of Subd. (22) as amended by Acts 2005, 79th Leg., ch. 956 Sec. 2
(22) Submit a blood sample or other specimen to the
Department of Public Safety under Subchapter G, Chapter 411,
Government Code, for the purpose of creating a DNA record of the
defendant;
Text of Subd. (22) as amended by Acts 2005, 79th Leg., ch. 1224 Sec.
18
(22) Submit a DNA sample to the Department of Public Safety
under Subchapter G, Chapter 411, Government Code, for the purpose
of creating a DNA record of the defendant; and
(23) In any manner required by the judge, provide public
notice of the offense for which the defendant was placed on
community supervision in the county in which the offense was
committed; and
(24) Reimburse the county in which the prosecution was
instituted for compensation paid to any interpreter in the case.
(b) A judge may not order a defendant to make any payments as
a term or condition of community supervision, except for fines,
court costs, restitution to the victim, and other conditions
related personally to the rehabilitation of the defendant or
otherwise expressly authorized by law. The court shall consider
the ability of the defendant to make payments in ordering the
defendant to make payments under this article.
(c) If the judge or jury places a defendant on community
supervision, the judge shall require the defendant to demonstrate
to the court whether the defendant has an educational skill level
that is equal to or greater than the average skill level of students
who have completed the sixth grade in public schools in this state.
If the judge determines that the defendant has not attained that
skill level, the judge shall require as a condition of community
supervision that the defendant attain that level of educational
skill, unless the judge determines that the defendant lacks the
intellectual capacity or the learning ability to ever achieve that
level of skill.
(d) If the judge places a defendant on community supervision
and the defendant is determined to have a mental illness or be a
person with mental retardation by an examining expert under Article
16.22 or Chapter 46B or in a psychological evaluation conducted
under Section 9(i) of this article, the judge may require the
defendant as a condition of community supervision to submit to
outpatient or inpatient mental health or mental retardation
treatment if the:
(1) defendant's:
(A) mental impairment is chronic in nature; or
(B) ability to function independently will continue to
deteriorate if the defendant does not receive mental health or
mental retardation services; and
(2) judge determines, in consultation with a local mental
health or mental retardation services provider, that appropriate
mental health or mental retardation services for the defendant are
available through the Texas Department of Mental Health and Mental
Retardation under Section 534.053, Health and Safety Code, or
through another mental health or mental retardation services
provider.
(e) A judge granting community supervision to a defendant
required to register as a sex offender under Chapter 62 shall
require that the defendant, as a condition of community
supervision:
(1) register under that chapter; and
(2) submit a DNA sample to the Department of Public Safety
under Subchapter G, Chapter 411, Government Code, for the purpose
of creating a DNA record of the defendant, unless the defendant has
already submitted the required sample under other state law.
(f) A judge may not require a defendant to undergo an
orchiectomy as a condition of community supervision.
(g) A judge who grants community supervision to a person may
require the person to make one payment in an amount not to exceed
$50 to a children's advocacy center established under Subchapter E,
Chapter 264, Family Code, if the person is charged with or convicted
of an offense under Section 21.11 or 22.011(a)(2), Penal Code.
(h) If a judge grants community supervision to a person
convicted of an offense under Title 5, Penal Code, that the court
determines involves family violence, the judge may require the
person to make one payment in an amount not to exceed $100 to a
family violence shelter center that receives state or federal funds
and that serves the county in which the court is located. In this
subsection, "family violence" has the meaning assigned by Section
71.004, Family Code, and "family violence shelter center" has the
meaning assigned by Section 51.002, Human Resources Code.
(i) A judge who grants community supervision to a sex
offender evaluated under Section 9A may require the sex offender as
a condition of community supervision to submit to treatment,
specialized supervision, or rehabilitation according to
offense-specific standards of practice adopted by the Council on
Sex Offender Treatment. On a finding that the defendant is
financially able to make payment, the judge shall require the
defendant to pay all or part of the reasonable and necessary costs
of the treatment, supervision, or rehabilitation.
(j) [Blank].
(l)(1) If the court grants community supervision to a person
convicted of an offense under Section 42.072, Penal Code, the court
may require as a condition of community supervision that the person
may not:
(A) communicate directly or indirectly with the victim; or
(B) go to or near the residence, place of employment, or
business of the victim or to or near a school, day-care facility, or
similar facility where a dependent child of the victim is in
attendance.
(2) If the court requires the prohibition contained in
Subdivision (1)(B) of this subsection as a condition of community
supervision, the court shall specifically describe the prohibited
locations and the minimum distances, if any, that the person must
maintain from the locations.
Confinement as a Condition of Community Supervision
Sec. 12. (a) If a judge having jurisdiction of a misdemeanor
case requires as a condition of community supervision that the
defendant submit to a period of confinement in a county jail, the
period of confinement may not exceed 30 days. If a judge having
jurisdiction of a felony case requires as a condition of community
supervision that the defendant submit to a period of confinement in
a county jail, the period of confinement may not exceed 180 days.
(b) A judge that requires as a condition of community
supervision that the defendant serve a term in a community
corrections facility under Section 18 of this article may not
impose a term of confinement under this section that, when added to
the term imposed under Section 18, exceeds 24 months.
(c) A judge may impose confinement as a condition of
community supervision under Subsection (a) of this section on
placing the defendant on supervision or at any time during the
supervision period. The judge may impose periods of confinement as
a condition of community supervision in increments smaller than the
maximum periods provided by Subsection (a) of this section but may
not impose periods of confinement that if added together exceed the
maximum periods provided by Subsection (a).
DWI Community Supervision
Sec. 13. (a) A judge granting community supervision to a
defendant convicted of an offense under Chapter 49, Penal Code,
shall require as a condition of community supervision that the
defendant submit to:
(1) not less than 72 hours of continuous confinement in
county jail if the defendant was punished under Section 49.09(a);
not less than five days of confinement in county jail if the
defendant was punished under Section 49.09(a) and was subject to
Section 49.09(h); not less than 10 days of confinement in county
jail if the defendant was punished under Section 49.09(b) or (c);
or not less than 30 days of confinement in county jail if the
defendant was convicted under Section 49.07; and
(2) an evaluation by a supervision officer or by a person,
program, or facility approved by the Texas Commission on Alcohol
and Drug Abuse for the purpose of having the facility prescribe and
carry out a course of conduct necessary for the rehabilitation of
the defendant's drug or alcohol dependence condition.
(b) A judge granting community supervision to a defendant
convicted of an offense under Section 49.08, Penal Code, shall
require as a condition of community supervision that the defendant
submit to a period of confinement of not less than 120 days.
(c) If the director of a facility to which a defendant is
referred under Subdivision (2) of Subsection (a) of this section
determines that the defendant is not making a good faith effort to
participate in a program of rehabilitation, the director shall
notify the judge that referred the defendant of that fact.
(d) If a judge requires as a condition of community
supervision that the defendant participate in a prescribed course
of conduct necessary for the rehabilitation of the defendant's drug
or alcohol dependence condition, the judge shall require that the
defendant pay for all or part of the cost of such rehabilitation
based on the defendant's ability to pay. The judge may, in its
discretion, credit such cost paid by the defendant against the fine
assessed. In making a determination of a defendant's ability to pay
the cost of rehabilitation under this subsection, the judge shall
consider whether the defendant has insurance coverage that will pay
for rehabilitation.
(e) The confinement imposed shall be treated as a condition
of community supervision, and in the event of a sentence of
confinement upon the revocation of community supervision, the term
of confinement served may not be credited toward service of such
subsequent confinement.
(f) If a judge grants community supervision to a defendant
convicted of an offense under Sections 49.04-49.08, Penal Code, and
if before receiving community supervision the defendant has not
submitted to an evaluation under Section 9 of this article, the
judge shall require the defendant to submit to the evaluation as a
condition of community supervision. If the evaluation indicates to
the judge that the defendant is in need of treatment for drug or
alcohol dependency, the judge shall require the defendant to submit
to that treatment as a condition of community supervision in a
program or facility approved or licensed by the Texas Commission on
Alcohol and Drug Abuse or in a program or facility that complies
with standards established by the community justice assistance
division of the Texas Department of Criminal Justice, after
consultation by the division with the commission.
(g) A jury that recommends community supervision for a
person convicted of an offense under Sections 49.04-49.08, Penal
Code, may recommend that any driver's license issued to the
defendant under Chapter 521, Transportation Code, not be suspended.
This subsection does not apply to a person punished under Section
49.09(a) or (b), Penal Code, and subject to Section 49.09(h) of that
code.
(h) If a person convicted of an offense under Sections
49.04-49.08, Penal Code, is placed on community supervision, the
judge shall require, as a condition of the community supervision,
that the defendant attend and successfully complete before the
181st day after the day community supervision is granted an
educational program jointly approved by the Texas Commission on
Alcohol and Drug Abuse, the Department of Public Safety, the
Traffic Safety Section of the Texas Department of Transportation,
and the community justice assistance division of the Texas
Department of Criminal Justice designed to rehabilitate persons who
have driven while intoxicated. The Texas Commission on Alcohol and
Drug Abuse shall publish the jointly approved rules and shall
monitor, coordinate, and provide training to persons providing the
educational programs. The Texas Commission on Alcohol and Drug
Abuse is responsible for the administration of the certification of
approved educational programs and may charge a nonrefundable
application fee for the initial certification of approval and for
renewal of a certificate. The judge may waive the educational
program requirement or may grant an extension of time to
successfully complete the program that expires not later than one
year after the beginning date of the person's community
supervision, however, if the defendant by a motion in writing shows
good cause. In determining good cause, the judge may consider but
is not limited to: the defendant's school and work schedule, the
defendant's health, the distance that the defendant must travel to
attend an educational program, and the fact that the defendant
resides out of state, has no valid driver's license, or does not
have access to transportation. The judge shall set out the finding
of good cause for waiver in the judgment. If a defendant is
required, as a condition of community supervision, to attend an
educational program or if the court waives the educational program
requirement, the court clerk shall immediately report that fact to
the Department of Public Safety, on a form prescribed by the
department, for inclusion in the person's driving record. If the
court grants an extension of time in which the person may complete
the program, the court clerk shall immediately report that fact to
the Department of Public Safety on a form prescribed by the
department. The report must include the beginning date of the
person's community supervision. Upon the person's successful
completion of the educational program, the person's instructor
shall give notice to the Department of Public Safety for inclusion
in the person's driving record and to the community supervision and
corrections department. The community supervision and corrections
department shall then forward the notice to the court clerk for
filing. If the Department of Public Safety does not receive notice
that a defendant required to complete an educational program has
successfully completed the program within the period required by
this section, as shown on department records, the department shall
revoke the defendant's driver's license, permit, or privilege or
prohibit the person from obtaining a license or permit, as provided
by Sections 521.344(e) and (f), Transportation Code. The Department
of Public Safety may not reinstate a license suspended under this
subsection unless the person whose license was suspended makes
application to the department for reinstatement of the person's
license and pays to the department a reinstatement fee of $50. The
Department of Public Safety shall remit all fees collected under
this subsection to the comptroller for deposit in the general
revenue fund. This subsection does not apply to a defendant if a
jury recommends community supervision for the defendant and also
recommends that the defendant's driver's license not be suspended.
(i) If a person convicted of an offense under Sections
49.04-49.08, Penal Code, is placed on community supervision, the
court may require as a condition of community supervision that the
defendant have a device installed, on the motor vehicle owned by the
defendant or on the vehicle most regularly driven by the defendant,
that uses a deep-lung breath analysis mechanism to make impractical
the operation of the motor vehicle if ethyl alcohol is detected in
the breath of the operator and that the defendant not operate any
motor vehicle that is not equipped with that device. If it is shown
on the trial of the offense that an analysis of a specimen of the
person's blood, breath, or urine showed an alcohol concentration
level of 0.15 or more at the time the analysis was performed, or if
the person is convicted of an offense under Sections 49.04-49.06,
Penal Code, and punished under Section 49.09(a) or (b), Penal Code,
or of a second or subsequent offense under Section 49.07 or 49.08,
Penal Code, and the person after conviction of either offense is
placed on community supervision, the court shall require as a
condition of community supervision that the defendant have the
device installed on the appropriate vehicle and that the defendant
not operate any motor vehicle unless the vehicle is equipped with
that device. Before placing on community supervision a person
convicted of an offense under Sections 49.04-49.08, Penal Code, the
court shall determine from criminal history record information
maintained by the Department of Public Safety whether the person
has one or more previous convictions under Sections 49.04-49.08,
Penal Code, or has one previous conviction under Sections
49.04-49.07, Penal Code, or one previous conviction under Section
49.08, Penal Code. If it is shown on the trial of the offense that
an analysis of a specimen of the person's blood, breath, or urine
showed an alcohol concentration level of 0.15 or more at the time
the analysis was performed, or if the court determines that the
person has one or more such previous convictions, the court shall
require as a condition of community supervision that the defendant
have that device installed on the motor vehicle owned by the
defendant or on the vehicle most regularly driven by the defendant
and that the defendant not operate any motor vehicle unless the
vehicle is equipped with the device described in this subsection.
The court shall require the defendant to obtain the device at the
defendant's own cost before the 30th day after the date of
conviction unless the court finds that to do so would not be in the
best interest of justice and enters its findings on record. The
court shall require the defendant to provide evidence to the court
within the 30-day period that the device has been installed on the
appropriate vehicle and order the device to remain installed on
that vehicle for a period not less than 50 percent of the
supervision period. If the court determines the offender is unable
to pay for the device, the court may impose a reasonable payment
schedule not to exceed twice the period of the court's order. The
Department of Public Safety shall approve devices for use under
this subsection. Section 521.247, Transportation Code, applies to
the approval of a device under this subsection and the consequences
of that approval. Notwithstanding the provisions of this section,
if a person is required to operate a motor vehicle in the course and
scope of the person's employment and if the vehicle is owned by the
employer, the person may operate that vehicle without installation
of an approved ignition interlock device if the employer has been
notified of that driving privilege restriction and if proof of that
notification is with the vehicle. This employment exemption does
not apply, however, if the business entity that owns the vehicle is
owned or controlled by the person whose driving privilege has been
restricted. A previous conviction may not be used for purposes of
restricting a person to the operation of a motor vehicle equipped
with an interlock ignition device under this subsection if:
(1) the previous conviction was a final conviction under
Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal Code,
and was for an offense committed more than 10 years before the
instant offense for which the person was convicted and placed on
community supervision; and
(2) the person has not been convicted of an offense under
Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08 of that code,
committed within 10 years before the date on which the instant
offense for which the person was convicted and placed on community
supervision.
(j) The judge shall require a defendant who is punished
under Section 49.09, Penal Code, as a condition of community
supervision, to attend and successfully complete an educational
program for repeat offenders approved by the Texas Commission on
Alcohol and Drug Abuse. The Texas Commission on Alcohol and Drug
Abuse shall adopt rules and shall monitor, coordinate, and provide
training to persons providing the educational programs. The Texas
Commission on Alcohol and Drug Abuse is responsible for the
administration of the certification of approved educational
programs and may charge a nonrefundable application fee for initial
certification of approval or for renewal of the certification. The
judge may waive the educational program requirement only if the
defendant by a motion in writing shows good cause. In determining
good cause, the judge may consider the defendant's school and work
schedule, the defendant's health, the distance that the defendant
must travel to attend an educational program, and whether the
defendant resides out of state or does not have access to
transportation. The judge shall set out the finding of good cause
in the judgment. If a defendant is required, as a condition of
community supervision, to attend an educational program, the court
clerk shall immediately report that fact to the Department of
Public Safety, on a form prescribed by the department, for
inclusion in the defendant's driving record. The report must
include the beginning date of the defendant's community
supervision. On the defendant's successful completion of the
educational program for repeat offenders, the defendant's
instructor shall give notice to the Department of Public Safety for
inclusion in the defendant's driving record and to the community
supervision and corrections department. The community supervision
and corrections department shall then forward the notice to the
court clerk for filing. If the Department of Public Safety does not
receive notice that a defendant required to complete an educational
program has successfully completed the program for repeat offenders
within the period required by the judge, as shown on department
records, the department shall revoke the defendant's driver's
license, permit, or privilege or prohibit the defendant from
obtaining a license or permit, as provided by Sections 521.344(e)
and (f), Transportation Code.
(k) Notwithstanding Sections 521.344(d)-(i),
Transportation Code, if the judge, under Subsection (h) or (j) of
this section, permits or requires a defendant punished under
Section 49.09, Penal Code, to attend an educational program as a
condition of community supervision, or waives the required
attendance for such a program, and the defendant has previously
been required to attend such a program, or the required attendance
at the program had been waived, the judge nonetheless shall order
the suspension of the driver's license, permit, or operating
privilege of that person for a period determined by the judge
according to the following schedule:
(1) not less than 90 days or more than 365 days, if the
defendant is convicted under Sections 49.04-49.08, Penal Code;
(2) not less than 180 days or more than two years, if the
defendant is punished under Section 49.09(a) or (b), Penal Code; or
(3) not less than one year or more than two years, if the
person is convicted of a second or subsequent offense under
Sections 49.04-49.08, Penal Code, committed within five years of
the date on which the most recent preceding offense was committed.
(l) If the Department of Public Safety receives notice that
a defendant has been required or permitted to attend a subsequent
educational program under Subsection (h), (j), or (k) of this
section, although the previously required attendance had been
waived, but the judge has not ordered a period of suspension, the
department shall suspend the defendant's driver's license, permit,
or operating privilege, or shall issue an order prohibiting the
defendant from obtaining a license or permit for a period of 365
days.
(m) If a judge revokes the community supervision of a
defendant for an offense under Section 49.04, Penal Code, or an
offense involving the operation of a motor vehicle under Section
49.07, Penal Code, and the driver's license or privilege to operate
a motor vehicle has not previously been ordered by the judge to be
suspended, or if the suspension was previously probated, the judge
shall suspend the license or privilege for a period provided under
Subchapter O, Chapter 521, Transportation Code. The suspension
shall be reported to the Department of Public Safety as provided
under Section 521.347, Transportation Code.
(n) Notwithstanding any other provision of this section or
other law, the judge who places on community supervision a
defendant who is younger than 21 years of age and convicted for an
offense under Sections 49.04-49.08, Penal Code, shall:
(1) order that the defendant's driver's license be suspended
for 90 days beginning on the date that the person is placed on
community supervision; and
(2) require as a condition of community supervision that the
defendant not operate a motor vehicle unless the vehicle is
equipped with the device described by Subsection (i) of this
section.
Community Supervision for Offense Committed Because of Bias or
Prejudice
Sec. 13A. (a) A court granting community supervision to a
defendant convicted of an offense for which the court has made an
affirmative finding under Article 42.014 of this code shall require
as a term of community supervision that the defendant:
(1) serve a term of not more than one year imprisonment in
the institutional division of the Texas Department of Criminal
Justice if the offense is a felony other than an offense under
Section 19.02, Penal Code; or
(2) serve a term of not more than 90 days confinement in jail
if the offense is a misdemeanor.
(b) The court may not grant community supervision on its own
motion or on the recommendation of the jury to a defendant convicted
of an offense for which the court has made an affirmative finding
under Article 42.014 of this code if:
(1) the offense is murder under Section 19.02, Penal Code;
or
(2) the defendant has been previously convicted of an
offense for which the court made an affirmative finding under
Article 42.014 of this code.
Defendants Placed on Community Supervision for Sexual Offenses
Against Children
Sec. 13B. (a) If a judge grants community supervision to a
defendant described by Subsection (b) and the judge determines that
a child as defined by Section 22.011(c), Penal Code, was the victim
of the offense, the judge shall establish a child safety zone
applicable to the defendant by requiring as a condition of
community supervision that the defendant:
(1) not:
(A) supervise or participate in any program that includes as
participants or recipients persons who are 17 years of age or
younger and that regularly provides athletic, civic, or cultural
activities; or
(B) go in, on, or within 1,000 feet of a premises where
children commonly gather, including a school, day-care facility,
playground, public or private youth center, public swimming pool,
or video arcade facility; and
(2) attend psychological counseling sessions for sex
offenders with an individual or organization which provides sex
offender treatment or counseling as specified by or approved by the
judge or the community supervision and corrections department
officer supervising the defendant.
(b) This section applies to a defendant placed on community
supervision for an offense:
(1) under Section 43.25 or 43.26, Penal Code;
(2) under Section 21.08, 21.11, 22.011, 22.021, or 25.02,
Penal Code;
(3) under Section 20.04(a)(4), Penal Code, if the defendant
committed the offense with the intent to violate or abuse the victim
sexually; or
(4) under Section 30.02, Penal Code, punishable under
Subsection (d) of that section, if the defendant committed the
offense with the intent to commit a felony listed in Subdivision (2)
or (3) of this subsection.
(c) A community supervision and corrections department
officer who under Subsection (a)(2) specifies a sex offender
treatment provider to provide counseling to a defendant shall
contact the provider before the defendant is released, establish
the date, time, and place of the first session between the defendant
and the provider, and request the provider to immediately notify
the officer if the defendant fails to attend the first session or
any subsequent scheduled session.
(d) Notwithstanding Subsection (a)(1), a judge is not
required to impose the conditions described by Subsection (a)(1) if
the defendant is a student at a primary or secondary school.
(e) At any time after the imposition of a condition under
Subsection (a)(1), the defendant may request the court to modify
the child safety zone applicable to the defendant because the zone
as created by the court:
(1) interferes with the ability of the defendant to attend
school or hold a job and consequently constitutes an undue hardship
for the defendant; or
(2) is broader than is necessary to protect the public,
given the nature and circumstances of the offense.
(f) A community supervision and corrections department
officer supervising a defendant described by Subsection (b) may
permit the defendant to enter on an event-by-event basis into the
child safety zone from which the defendant is otherwise prohibited
from entering if:
(1) the defendant has served at least two years of the
period of community supervision;
(2) the defendant enters the zone as part of a program to
reunite with the defendant's family;
(3) the defendant presents to the officer a written proposal
specifying where the defendant intends to go within the zone, why
and with whom the defendant is going, and how the defendant intends
to cope with any stressful situations that occur;
(4) the sex offender treatment provider treating the
defendant agrees with the officer that the defendant should be
allowed to attend the event; and
(5) the officer and the treatment provider agree on a
chaperon to accompany the defendant and the chaperon agrees to
perform that duty.
(g) Section 10(a) does not prohibit a community supervision
and corrections department officer from altering a condition of
community supervision by permitting a defendant to enter a child
safety zone under Subsection (f).
(h) In this section, "playground," "premises," "school,"
"video arcade facility," and "youth center" have the meanings
assigned by Section 481.134, Health and Safety Code.
(i) Notwithstanding Subsection (a)(1)(B), a requirement
that a defendant not go in, on, or within 1,000 feet of certain
premises does not apply to a defendant while the defendant is in or
going immediately to or from a:
(1) community supervision and corrections department
office;
(2) premises at which the defendant is participating in a
program or activity required as a condition of community
supervision;
(3) residential facility in which the defendant is required
to reside as a condition of community supervision, if the facility
was in operation as a residence for defendants on community
supervision on June 1, 2003; or
(4) private residence at which the defendant is required to
reside as a condition of community supervision.
Community Supervision for Making a Firearm Accessible to a Child
Sec. 13C. (a) A court granting community supervision to a
defendant convicted of an offense under Section 46.13, Penal Code,
may require as a condition of community supervision that the
defendant:
(1) provide an appropriate public service activity
designated by the court; or
(2) attend a firearms safety course which meets or exceeds
the requirements set by the National Rifle Association as of
January 1, 1995, for a firearms safety course that requires not more
than 17 hours of instruction.
(b) The court shall require the defendant to pay the cost of
attending the firearms safety course under Subsection (a)(2).
Defendants Placed on Community Supervision for Violent Offenses;
Protecting Children
Sec. 13D. (a) If a judge grants community supervision to a
defendant convicted of an offense listed in Section 3g(a)(1) or for
which the judgment contains an affirmative finding under Section
3g(a)(2), the judge, if the nature of the offense for which the
defendant is convicted warrants the establishment of a child safety
zone, may establish a child safety zone applicable to the defendant
by requiring as a condition of community supervision that the
defendant not:
(1) supervise or participate in any program that includes as
participants or recipients persons who are 17 years of age or
younger and that regularly provides athletic, civic, or cultural
activities; or
(2) go in or on, or within a distance specified by the judge
of, a premises where children commonly gather, including a school,
day-care facility, playground, public or private youth center,
public swimming pool, or video arcade facility.
(b) At any time after the imposition of a condition under
Subsection (a), the defendant may request the judge to modify the
child safety zone applicable to the defendant because the zone as
created by the judge:
(1) interferes with the ability of the defendant to attend
school or hold a job and consequently constitutes an undue hardship
for the defendant; or
(2) is broader than is necessary to protect the public,
given the nature and circumstances of the offense.
(c) This section does not apply to a defendant described by
Section 13B.
(d) In this section, "playground," "premises," "school,"
"video arcade facility," and "youth center" have the meanings
assigned by Section 481.134, Health and Safety Code.
Child Abusers and Family Violence Offenders; Special Conditions
Text of Sec. 14 as amended by Acts 1993, 73rd Leg., ch. 165, Sec. 1;
Acts 1999, 76th Leg., ch. 910, Sec. 1; and Acts 2003, 78th Leg., ch.
353, Sec. 4, 5
Sec. 14. (a) If the court grants probation to a person
convicted of an offense described by Article 17.41(a) of this code,
the court may require as a condition of probation that the defendant
not directly communicate with the victim of the offense or go near a
residence, school, or other location, as specifically described in
the copy of terms and conditions, frequented by the victim. In
imposing the condition, the court may grant the defendant
supervised access to the victim. To the extent that a condition
imposed under this subsection conflicts with an existing court
order granting possession of or access to a child, the condition
imposed under this subsection prevails for a period specified by
the court granting probation, not to exceed 90 days.
(b) Repealed by Acts 2003, 78th Leg., ch. 353, Sec. 6.
(c) If the court grants community supervision to a person
convicted of an offense involving family violence, as defined by
Section 71.004, Family Code, the court may require the defendant to
attend, at the direction of the community supervision and
corrections department officer, counseling sessions for the
elimination of violent behavior with a licensed counselor, social
worker, or other professional who has been trained in family
violence intervention or to attend a battering intervention and
prevention program if available that meets guidelines adopted by
the community justice assistance division of the Texas Department
of Criminal Justice. If the court requires the defendant to attend
counseling or a program, the court shall require the defendant to
begin attendance not later than the 60th day after the date the
court grants community supervision, notify the community
supervision and corrections department officer of the name,
address, and phone number of the counselor or program, and report
the defendant's attendance to the officer. The court shall require
the defendant to pay all the reasonable costs of the counseling
sessions or attendance in the program on a finding that the
defendant is financially able to make payment. If the court finds
the defendant is unable to make payment, the court shall make the
counseling sessions or enrollment in the program available without
cost to the defendant. The court may also require the defendant to
pay all or a part of the reasonable costs incurred by the victim for
counseling made necessary by the offense, on a finding that the
defendant is financially able to make payment. The court may order
the defendant to make payments under this subsection for a period
not to exceed one year after the date on which the order is entered.
Text of Sec. 14 as amended by Acts 1993, 73rd Leg., ch. 900, Sec.
4.01; Acts 1995, 74th Leg., ch. 76, Sec. 3.09; Acts 1995, 74th
Leg., ch. 321, Sec. 3.004 and 3.005; Acts 1999, 76th Leg., ch.
1188, Sec. 1.44; Acts 2003, 78th Leg., ch. 209, Sec. 63; and Acts
2003, 78th Leg., ch. 1310, Sec. 2.
Sec. 14. (a) If a court places a defendant on community
supervision under any provision of this article as an alternative
to imprisonment, the judge may require as a condition of community
supervision that the defendant serve a term of confinement and
treatment in a substance abuse treatment facility operated by the
Texas Department of Criminal Justice under Section 493.009,
Government Code. A term of confinement and treatment imposed under
this section must be an indeterminate term of not more than one year
or less than 90 days.
(b) A judge may impose the condition of community
supervision created under this section if:
(1) the judge places the defendant on community supervision
under this article;
(2) the defendant is charged with or convicted of a felony
other than:
(A) a felony under Section 21.11, 22.011, or 22.021, Penal
Code; or
(B) criminal attempt of a felony under Section 21.11,
22.011, or 22.021, Penal Code; and
(3) the judge makes an affirmative finding that:
(A) drug or alcohol abuse significantly contributed to the
commission of the crime or violation of community supervision; and
(B) the defendant is a suitable candidate for treatment, as
determined by the suitability criteria established by the Texas
Board of Criminal Justice under Section 493.009(b), Government
Code.
(c) If a judge requires as a condition of community
supervision that the defendant serve a term of confinement and
treatment in a substance abuse treatment facility under this
section, the judge shall also require as a condition of community
supervision that on release from the facility the defendant:
(1) participate in a drug or alcohol abuse continuum of care
treatment plan; and
(2) pay a fee in an amount established by the judge for
residential aftercare required as part of the treatment plan.
(d) The Texas Commission on Alcohol and Drug Abuse shall
develop the continuum of care treatment plan.
Text of subsec. (e) as amended by Acts 2003, 78th Leg., ch. 1310,
Sec. 2.
(e) The clerk of a court that collects a fee imposed under
Subsection (c)(2) shall remit the fee to the comptroller not later
than the last day of the month following the end of the calendar
quarter in which the fee is collected, and the comptroller shall
deposit the fee into the general revenue fund. If the clerk does
not collect a fee imposed under Subsection (c)(2), the clerk is not
required to file any report required by the comptroller relating to
the collection of the fee. In requiring the payment of a fee under
Subsection (c)(2), the judge shall consider fines, fees, and other
necessary expenses for which the defendant is obligated in
establishing the amount of the fee. The judge may not:
(1) establish the fee in an amount that is greater than 25
percent of the defendant's gross income while the defendant is a
participant in residential aftercare; or
(2) require the defendant to pay the fee at any time other
than a time at which the defendant is both employed and a
participant in residential aftercare.
Text of subsec. (e) as amended by Acts 2003, 78th Leg., ch. 209,
Sec. 63(a).
(e) The clerk of a court that collects a fee imposed under
Subsection (c)(2) shall deposit the fee to be sent to the
comptroller as provided by Subchapter B, Chapter 133, Local
Government Code, and the comptroller shall deposit the fee into the
general revenue fund. In requiring the payment of a fee under
Subsection (c)(2), the judge shall consider fines, fees, and other
necessary expenses for which the defendant is obligated in
establishing the amount of the fee. The judge may not:
(1) establish the fee in an amount that is greater than 25
percent of the defendant's gross income while the defendant is a
participant in residential aftercare; or
(2) require the defendant to pay the fee at any time other
than a time at which the defendant is both employed and a
participant in residential aftercare.
Procedures Relating to State Jail Felony Community Supervision
Sec. 15. (a)(1) On conviction of a state jail felony under
Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.121(b)(3), or
481.129(g)(1), Health and Safety Code, that is punished under
Section 12.35(a), Penal Code, the judge shall suspend the
imposition of the sentence and place the defendant on community
supervision, unless the defendant has previously been convicted of
a felony, in which event the judge may suspend the imposition of the
sentence and place the defendant on community supervision or may
order the sentence to be executed. The provisions of this
subdivision requiring the judge to suspend the imposition of the
sentence and place the defendant on community supervision do not
apply to a defendant who under Section 481.1151(b)(1), Health and
Safety Code, possessed more than five abuse units of the controlled
substance or under Section 481.121(b)(3), Health and Safety Code,
possessed more than one pound of marihuana.
(2) On conviction of a state jail felony punished under
Section 12.35(a), Penal Code, other than a state jail felony listed
in Subdivision (1), the judge may suspend the imposition of the
sentence and place the defendant on community supervision or may
order the sentence to be executed.
(3) The judge may suspend in whole or in part the imposition
of any fine imposed on conviction.
(b) The minimum period of community supervision a judge may
impose under this section is two years. The maximum period of
community supervision a judge may impose under this section is five
years, except that the judge may extend the maximum period of
community supervision under this section to not more than 10 years.
A judge may extend a period of community supervision under this
section at any time during the period of community supervision, or
if a motion for revocation of community supervision is filed before
the period of community supervision ends, before the first
anniversary of the expiration of the period of community
supervision.
(c)(1) A judge may impose any condition of community
supervision on a defendant that the judge could impose on a
defendant placed on supervision for an offense other than a state
jail felony.
(2) Except as otherwise provided by Subdivision (3), a judge
who places a defendant on community supervision for an offense
listed in Subsection (a)(1) shall require the defendant to comply
with substance abuse treatment conditions that are consistent with
standards adopted by the Texas Board of Criminal Justice under
Section 509.015, Government Code.
(3) A judge is not required to impose conditions described
by Subdivision (2) if the judge makes an affirmative finding that
the defendant does not require imposition of the conditions to
successfully complete the period of community supervision.
(d) A judge may impose as a condition of community
supervision that a defendant submit at the beginning of the period
of community supervision to a term of confinement in a state jail
felony facility for a term of not less than 90 days or more than 180
days, or a term of not less than 90 days or more than one year if the
defendant is convicted of an offense punishable as a state jail
felony under Section 481.112, 481.1121, 481.113, or 481.120, Health
and Safety Code. A judge may not require a defendant to submit to
both the term of confinement authorized by this subsection and a
term of confinement under Section 5 or 12 of this article. For the
purposes of this subsection, a defendant previously has been
convicted of a felony regardless of whether the sentence for the
previous conviction was actually imposed or was probated and
suspended.
(e) If a defendant violates a condition of community
supervision imposed on the defendant under this article and after a
hearing under Section 21 of this article the judge modifies the
defendant's community supervision, the judge may impose any
sanction permitted by Section 22 of this article, except that if the
judge requires a defendant to serve a period of confinement in a
state jail felony facility as a modification of the defendant's
community supervision, the minimum term of confinement is 90 days
and the maximum term of confinement is 180 days.
(f)(1) If a defendant violates a condition of community
supervision imposed on the defendant under this article and after a
hearing under Section 21 of this article the judge revokes the
defendant's community supervision, the judge shall dispose of the
case in the manner provided by Section 23 of this article.
(2) The court retains jurisdiction over the defendant for
the period during which the defendant is confined in a state jail.
At any time after the 75th day after the date the defendant is
received into the custody of a state jail, the judge on the judge's
own motion, on the motion of the attorney representing the state, or
on the motion of the defendant may suspend further execution of the
sentence and place the defendant on community supervision under the
conditions of this section.
(3) When the defendant or the attorney representing the
state files a written motion requesting suspension by the judge of
further execution of the sentence and placement of the defendant on
community supervision, the clerk of the court, if requested to do so
by the judge, shall request a copy of the defendant's record while
confined from the facility director of the state jail felony
facility in which the defendant is confined or, if the defendant is
confined in county jail, from the sheriff. On receipt of the
request, the facility director or the sheriff shall forward to the
judge, as soon as possible, a full and complete copy of the
defendant's record while confined. When the defendant files a
written motion requesting suspension of further execution of the
sentence and placement on community supervision, he shall
immediately deliver or cause to be delivered a true and correct copy
of the motion to the office of the attorney representing the state.
The judge may deny the motion without a hearing but may not grant
the motion without holding a hearing and providing the attorney
representing the state and the defendant the opportunity to present
evidence on the motion.
(g) The facility director of a state jail felony facility
shall report to a judge who orders a defendant confined in the
facility as a condition of community supervision or as sanction
imposed as a modification of community supervision under Subsection
(e) not less than every 90 days on the defendant's programmatic
progress, conduct, and conformity to the rules of the facility.
(h)(1) A defendant confined in a state jail felony facility
does not earn good conduct time for time served in the facility.
(2) A judge may credit against any time a defendant is
required to serve in a state jail felony facility time served by the
defendant in county jail from the time of the defendant's arrest and
confinement until sentencing by the trial court.
(3) A judge shall credit against any time a defendant is
subsequently required to serve in a state jail felony facility
after revocation of community supervision any time served by the
defendant in a state jail felony facility after sentencing.
Enhanced Disorderly Conduct and Public Intoxication Offenses
Sec. 15A. On conviction of an offense for which punishment is
enhanced under Section 12.43(c), Penal Code, the court may suspend
the imposition of the sentence and place the defendant on community
supervision if the court finds that the defendant would benefit
from community supervision and enters its finding on the record.
The judge may suspend in whole or in part the imposition of any fine
imposed on conviction. All provisions of this article applying to a
defendant placed on community supervision for a misdemeanor apply
to a defendant placed on community supervision under this section,
except that the court shall require the defendant as a condition of
community supervision to:
(1) submit to diagnostic testing for addiction to alcohol or
a controlled substance or drug;
(2) submit to a psychological assessment;
(3) if indicated as necessary by testing and assessment,
participate in an alcohol or drug abuse treatment or education
program; and
(4) pay the costs of testing, assessment, and treatment or
education, either directly or as a court cost.
Community Service
Sec. 16. (a) A judge shall require as a condition of community
supervision, that the defendant work a specified number of hours at
a community service project or projects for an organization or
organizations approved by the judge and designated by the
department, unless the judge determines and notes on the order
placing the defendant on community supervision that:
(1) the defendant is physically or mentally incapable of
participating in the project;
(2) participating in the project will work a hardship on the
defendant or the defendant's dependents;
(3) the defendant is to be confined in a substance abuse
punishment facility as a condition of community supervision; or
(4) there is other good cause shown.
(b) The amount of community service work ordered by the
judge:
(1) may not exceed 1,000 hours and may not be less than 320
hours for an offense classified as a first degree felony;
(2) may not exceed 800 hours and may not be less than 240
hours for an offense classified as a second degree felony;
(3) may not exceed 600 hours and may not be less than 160
hours for an offense classified as a third degree felony;
(4) may not exceed 400 hours and may not be less than 120
hours for an offense classified as a state jail felony;
(5) may not:
(A) exceed 600 hours or be less than 160 hours for an offense
under Section 30.04, Penal Code, classified as a Class A
misdemeanor; or
(B) exceed 200 hours or be less than 80 hours for any other
offense classified as a Class A misdemeanor or for any other
misdemeanor for which the maximum permissible confinement, if any,
exceeds six months or the maximum permissible fine, if any, exceeds
$4,000; and
(6) may not exceed 100 hours and may not be less than 24
hours for an offense classified as a Class B misdemeanor or for any
other misdemeanor for which the maximum permissible confinement, if
any, does not exceed six months and the maximum permissible fine, if
any, does not exceed $4,000.
(c) A defendant required to perform community service under
this section is not a state employee for the purposes of Article
8309g or 8309h, Revised Statutes.
(d) If the court makes an affirmative finding under Article
42.014 of this code, the judge may order the defendant to perform
community service under this section at a project designated by the
judge that primarily serves the person or group who was the target
of the defendant. If the judge orders community service under this
subsection the judge shall order the defendant to perform not less
than:
(1) 100 hours of service if the offense is a misdemeanor; or
(2) 300 hours of service if the offense is a felony.
(e) A defendant required to perform community service under
this section after conviction of an offense under Section 352.082,
Local Government Code, shall perform 60 hours of service. The
community service must consist of picking up litter in the county in
which the defendant resides or working at a recycling facility if a
program for performing that type of service is available in the
community in which the court is located.
Change of Residence; Leaving the State
Sec. 17. (a) If, for good and sufficient reasons, a defendant
desires to change his residence within the state, the change may be
effected by application to the supervising supervision officer,
which change shall be subject to the judge's consent and subject to
such regulations as the judge may require in the absence of an
officer in the locality to which the defendant is transferred.
(b) Any defendant who removes himself from the state without
permission of the judge having jurisdiction of the case shall be
considered a fugitive from justice and shall be subject to
extradition as provided by law.
Community Corrections Facilities
Sec. 18. (a) In this section, "community corrections
facility" has the meaning assigned by Section 509.001, Government
Code.
(b) If a judge requires as a condition of community
supervision or participation in a drug court program established
under Chapter 469, Health and Safety Code, that the defendant serve
a term in a community corrections facility, the term may not be more
than 24 months.
(c) A defendant granted community supervision under this
section may not earn good conduct credit for time spent in a
community corrections facility or apply time spent in the facility
toward completion of a prison sentence if the community supervision
is revoked.
(d) As directed by the judge, the community corrections
facility director shall file with the community supervision and
corrections department director or administrator of a drug court
program, as applicable, a copy of an evaluation made by the facility
director of the defendant's behavior and attitude at the facility.
The community supervision and corrections department director or
program administrator shall examine the evaluation, make written
comments on the evaluation that the director or administrator
considers relevant, and file the evaluation and comments with the
judge who granted community supervision to the defendant or placed
the defendant in a drug court program. If the evaluation indicates
that the defendant has made significant progress toward compliance
with court-ordered conditions of community supervision or
objectives of placement in the drug court program, as applicable,
the court may release the defendant from the community corrections
facility. A defendant who served a term in the facility as a
condition of community supervision shall serve the remainder of the
defendant's community supervision under any terms and conditions
the court imposes under this article.
(e) No later than 18 months after the date on which a
defendant is granted community supervision under this section, the
community corrections facility director shall file with the
community supervision and corrections department director a copy of
an evaluation made by the director of the defendant's behavior and
attitude at the center. The director shall examine the evaluation,
make written comments on the evaluation that he considers relevant,
and file the evaluation and comments with the judge who granted
community supervision to the defendant. If the report indicates
that the defendant has made significant progress toward
court-ordered conditions of community supervision, the judge shall
modify the judge's sentence and release the defendant in the same
manner as provided by Subsection (d) of this section. If the report
indicates that the defendant would benefit from continued
participation in the community corrections facility program, the
judge may order the defendant to remain at the community
corrections facility for a period determined by the judge. If the
report indicates that the defendant has not made significant
progress toward rehabilitation, the judge may revoke community
supervision and order the defendant to the term of confinement
specified in the defendant's sentence.
(f) If ordered by the judge who placed the defendant on
community supervision, a community corrections facility director
shall attempt to place a defendant as a worker in a
community-service project of a type described by Section 16 of this
article.
(g) A defendant participating in a program under this
article shall be confined in the community corrections facility at
all times except for:
(1) time spent attending and traveling to and from an
education or rehabilitation program as ordered by the court;
(2) time spent attending and traveling to and from a
community-service project;
(3) time spent away from the facility for purposes described
by this section; and
(4) time spent traveling to and from work, if applicable.
(h) A judge that requires as a condition of community
supervision that the defendant serve a term in a community
corrections facility may not impose a subsequent term in a
community corrections facility or jail during the same supervision
period that, when added to the terms previously imposed, exceeds 36
months.
(i) If a judge who places a defendant on community
supervision under this section does not require the defendant to
deliver the defendant's salary to the restitution center director,
the employer of the defendant shall deliver the salary to the
director. The director shall deposit the salary into a fund to be
given to the defendant on release after deducting:
(1) the cost to the center for the defendant's food,
housing, and supervision;
(2) necessary travel expense to and from work and
community-service projects and other incidental expenses of the
defendant;
(3) support of the defendant's dependents; and
(4) restitution to the victims of an offense committed by
the defendant.
Fees
Sec. 19. (a) Except as otherwise provided by this subsection,
a judge granting community supervision shall fix a fee of not less
than $25 and not more than $60 per month to be paid to the court by
the defendant during the community supervision period. The judge
may make payment of the fee a condition of granting or continuing
the community supervision. The judge may waive or reduce the fee or
suspend a monthly payment of the fee if the judge determines that
payment of the fee would cause the defendant a significant
financial hardship.
(b) The judge shall deposit the fees received under
Subsection (a) of this section in the special fund of the county
treasury, to be used for the same purposes for which state aid may
be used under Chapter 76, Government Code.
(c) A judge receiving a defendant for supervision as
authorized by Article 42.11 of this code may impose on the defendant
any term of community supervision authorized by this article and
may require the defendant to pay the fee authorized by Subsection
(a) of this section. Fees received under this section shall be
deposited in the same manner as required by Subsection (b) of this
section.
(d) For the purpose of determining when fees due on
conviction are to be paid to any officer or officers, the placing of
the defendant on community supervision shall be considered a final
disposition of the case, without the necessity of waiting for the
termination of the period of community supervision.
(e) If the judge grants community supervision to a defendant
convicted of an offense under Section 21.08, 21.11, 22.011, 22.021,
25.02, 43.25, or 43.26, Penal Code, the judge shall require as a
condition of community supervision that the defendant pay to the
community corrections and supervision department officer
supervising the defendant a community supervision fee of $5 each
month during the period of community supervision. The fee is in
addition to court costs or any other fee imposed on the defendant.
Text of subsec. (f) as amended by Acts 2003, 78th Leg., ch. 1310,
Sec. 3
(f) A community corrections and supervision department
shall remit fees collected under Subsection (e) of this section to
the comptroller not later than the last day of the month following
the end of the calendar quarter in which the fee is collected. The
comptroller shall deposit the fee in the special revenue fund to the
credit of the sexual assault program fund established under Section
44.0061, Health and Safety Code. If the department does not collect
a fee imposed under Subsection (e), the department is not required
to file any report required by the comptroller relating to the
collection of the fee.
Text of subsec. (f) as amended by Acts 2003, 78th Leg., ch. 209,
Sec. 64(a).
(f) A community corrections and supervision department
shall deposit the fees collected under Subsection (e) of this
section to be sent to the comptroller as provided by Subchapter B,
Chapter 133, Local Government Code. The comptroller shall deposit
the fee in the sexual assault program fund under Section 420.008,
Government Code.
(g) Repealed by Acts 2005, 79th Leg., ch. 1008, Sec. 4.07.
(h) Repealed by Acts 2005, 79th Leg., ch. 1008, Sec. 4.07.
Reduction or Termination of Community Supervision
Sec. 20. (a) At any time, after the defendant has
satisfactorily completed one-third of the original community
supervision period or two years of community supervision, whichever
is less, the period of community supervision may be reduced or
terminated by the judge. Upon the satisfactory fulfillment of the
conditions of community supervision, and the expiration of the
period of community supervision, the judge, by order duly entered,
shall amend or modify the original sentence imposed, if necessary,
to conform to the community supervision period and shall discharge
the defendant. If the judge discharges the defendant under this
section, the judge may set aside the verdict or permit the defendant
to withdraw his plea, and shall dismiss the accusation, complaint,
information or indictment against the defendant, who shall
thereafter be released from all penalties and disabilities
resulting from the offense or crime of which he has been convicted
or to which he has pleaded guilty, except that:
(1) proof of the conviction or plea of guilty shall be made
known to the judge should the defendant again be convicted of any
criminal offense; and
(2) if the defendant is an applicant for a license or is a
licensee under Chapter 42, Human Resources Code, the Texas
Department of Human Services may consider the fact that the
defendant previously has received community supervision under this
article in issuing, renewing, denying, or revoking a license under
that chapter.
(b) This section does not apply to a defendant convicted of
an offense under Sections 49.04-49.08, Penal Code, a defendant
convicted of an offense for which on conviction registration as a
sex offender is required under Chapter 62, as added by Chapter 668,
Acts of the 75th Legislature, Regular Session, 1997, or a defendant
convicted of an offense punishable as a state jail felony.
Violation of Community Supervision: Detention and Hearing
Sec. 21. (a) At any time during the period of community
supervision the judge may issue a warrant for violation of any of
the conditions of the community supervision and cause a defendant
convicted under Section 43.02, Penal Code, or under Chapter 481,
Health and Safety Code, or Sections 485.031 through 485.035, Health
and Safety Code, or placed on deferred adjudication after being
charged with one of those offenses, to be subject to the control
measures of Section 81.083, Health and Safety Code, and to the
court-ordered-management provisions of Subchapter G, Chapter 81,
Health and Safety Code.
(b) At any time during the period of community supervision
the judge may issue a warrant for violation of any of the conditions
of the community supervision and cause the defendant to be
arrested. Any supervision officer, police officer or other officer
with power of arrest may arrest such defendant with or without a
warrant upon the order of the judge to be noted on the docket of the
court. A defendant so arrested may be detained in the county jail
or other appropriate place of confinement until he can be taken
before the judge. Such officer shall forthwith report such arrest
and detention to such judge. If the defendant has not been released
on bail, on motion by the defendant the judge shall cause the
defendant to be brought before the judge for a hearing within 20
days of filing of said motion, and after a hearing without a jury,
may either continue, extend, modify, or revoke the community
supervision. A judge may revoke the community supervision of a
defendant who is imprisoned in a penal institution without a
hearing if the defendant in writing before a court of record in the
jurisdiction where imprisoned waives his right to a hearing and to
counsel, affirms that he has nothing to say as to why sentence
should not be pronounced against him, and requests the judge to
revoke community supervision and to pronounce sentence. In a
felony case, the state may amend the motion to revoke community
supervision any time up to seven days before the date of the
revocation hearing, after which time the motion may not be amended
except for good cause shown, and in no event may the state amend the
motion after the commencement of taking evidence at the hearing.
The judge may continue the hearing for good cause shown by either
the defendant or the state.
(c) In a community supervision revocation hearing at which
it is alleged only that the defendant violated the conditions of
community supervision by failing to pay compensation paid to
appointed counsel, community supervision fees, court costs,
restitution, or reparations, the inability of the defendant to pay
as ordered by the judge is an affirmative defense to revocation,
which the defendant must prove by a preponderance of evidence.
(d) A defendant has a right to counsel at a hearing under
this section.
(e) A court retains jurisdiction to hold a hearing under
Subsection (b) and to revoke, continue, or modify community
supervision, regardless of whether the period of community
supervision imposed on the defendant has expired, if before the
expiration the attorney representing the state files a motion to
revoke, continue, or modify community supervision and a capias is
issued for the arrest of the defendant.
Continuation or Modification
Sec. 22. (a) If after a hearing under Section 21 of this
article a judge continues or modifies community supervision after
determining that the defendant violated a condition of community
supervision, the judge may impose any other conditions the judge
determines are appropriate, including:
(1) a requirement that the defendant perform community
service for a number of hours specified by the court under Section
16 of this article, or an increase in the number of hours that the
defendant has previously been required to perform under those
sections in an amount not to exceed double the number of hours
permitted by Section 16;
(2) an increase in the period of community supervision, in
the manner described by Subsection (b) of this section;
(3) an increase in the defendant's fine, in the manner
described by Subsection (d) of this section; or
(4) the placement of the defendant in a substance abuse
felony punishment program operated under Section 493.009,
Government Code, if:
(A) the defendant is convicted of a felony other than:
(i) a felony under Section 21.11, 22.011, or 22.021, Penal
Code; or
(ii) criminal attempt of a felony under Section 21.11,
22.011, or 22.021, Penal Code; and
(B) the judge makes an affirmative finding that:
(i) drug or alcohol abuse significantly contributed to the
commission of the crime or violation of community supervision; and
(ii) the defendant is a suitable candidate for treatment, as
determined by the suitability criteria established by the Texas
Board of Criminal Justice under Section 493.009(b), Government
Code.
(b) If the judge imposes a sanction under Subsection (a)(4)
of this section, the judge shall also impose a condition requiring
the defendant on successful completion of the program to
participate in a drug or alcohol abuse continuum of care program.
(c) The judge may extend a period of community supervision
under this section as often as the judge determines is necessary,
but the period of community supervision in a first, second, or third
degree felony case may not exceed 10 years and, except as otherwise
provided by this subsection, the period of community supervision in
a misdemeanor case may not exceed three years. The judge may extend
the period of community supervision in a misdemeanor case for any
period the judge determines is necessary, not to exceed an
additional two years beyond the three-year limit, if the defendant
fails to pay a previously assessed fine, costs, or restitution and
the judge determines that extending the period of supervision
increases the likelihood that the defendant will fully pay the
fine, costs, or restitution. A court may extend a period of
community supervision under this section at any time during the
period of supervision or, if a motion for revocation of community
supervision is filed before the period of supervision ends, before
the first anniversary of the date on which the period of supervision
expires.
(d) A judge may impose a sanction on a defendant described
by Subsection (a)(3) of this section by increasing the fine imposed
on the defendant. The original fine imposed on the defendant and an
increase in the fine imposed under this subsection may not exceed
the maximum fine for the offense for which the defendant was
sentenced. The judge shall deposit money received from an increase
in the defendant's fine under this subsection in the special fund of
the county treasury to be used for the same purposes for which state
aid may be used under Chapter 76, Government Code.
Extending Supervision Period for Sex Offenders
Sec. 22A. (a) If a defendant is placed on community
supervision after receiving a grant of deferred adjudication for or
being convicted of an offense under Section 21.11, 22.011, or
22.021, Penal Code, at any time during the period of community
supervision, the judge may extend the period of community
supervision as provided by this section.
(b) If at a hearing at which the defendant is provided the
same rights as are provided a defendant at a hearing under Section
21 the judge determines that the defendant has not sufficiently
demonstrated a commitment to avoid future criminal behavior and
that the release of the defendant from supervision would endanger
the public, the judge may extend the period of supervision for a
period not to exceed 10 additional years.
(c) A judge may extend a period of community supervision
under this section only once; however, the judge may extend a
period of community supervision for a defendant under both Section
22(c) and this section, and the prohibition in Section 22(c)
against a period of community supervision in a felony case
exceeding 10 years does not apply to a defendant for whom community
supervision is increased under this section or under both Section
22(c) and this section.
Revocation
Sec. 23. (a) If community supervision is revoked after a
hearing under Section 21 of this article, the judge may proceed to
dispose of the case as if there had been no community supervision,
or if the judge determines that the best interests of society and
the defendant would be served by a shorter term of confinement,
reduce the term of confinement originally assessed to any term of
confinement not less than the minimum prescribed for the offense of
which the defendant was convicted. The judge shall enter the amount
of restitution or reparation owed by the defendant on the date of
revocation in the judgment in the case.
(b) No part of the time that the defendant is on community
supervision shall be considered as any part of the time that he
shall be sentenced to serve. The right of the defendant to appeal
for a review of the conviction and punishment, as provided by law,
shall be accorded the defendant at the time he is placed on
community supervision. When he is notified that his community
supervision is revoked for violation of the conditions of community
supervision and he is called on to serve a sentence in a jail or in
the institutional division of the Texas Department of Criminal
Justice, he may appeal the revocation.
Due Diligence Defense
Sec. 24. For the purposes of a hearing under Section 5(b) or
21(b), it is an affirmative defense to revocation for an alleged
failure to report to a supervision officer as directed or to remain
within a specified place that a supervision officer, peace officer,
or other officer with the power of arrest under a warrant issued by
a judge for that alleged violation failed to contact or attempt to
contact the defendant in person at the defendant's last known
residence address or last known employment address, as reflected in
the files of the department serving the county in which the order of
community supervision was entered.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1744, ch. 659, Sec. 29, eff. Aug. 28, 1967; Acts 1973,
63rd Leg., p. 568, ch. 241, Sec. 1, eff. Aug. 27, 1973; Acts 1973,
63rd Leg., p. 1235, ch. 447, Sec. 1, eff. June 14, 1973; Acts 1973,
63rd Leg., p. 1269, ch. 464, Sec. 1, eff. June 14, 1973; Acts 1975,
64th Leg., p. 263, ch. 110, Sec. 1, eff. Sept. 1, 1975; Acts 1975,
64th Leg., p. 572, ch. 231, Sec. 1, eff. Sept. 1, 1975; Acts 1975,
64th Leg., p. 909, ch. 341, Sec. 4, eff. June 19, 1975; Acts 1975,
64th Leg., p. 1243, ch. 467, Sec. 1, eff. June 19, 1975; Acts 1975,
64th Leg., p. 1244, ch. 468, Sec. 1, eff. Sept. 1, 1975; Acts 1975,
64th Leg., p. 2150, ch. 692, Sec. 1, eff. Sept. 1, 1975; Acts 1977,
65th Leg., p. 38, ch. 22, Sec. 1, eff. Aug. 29, 1977; Acts 1977,
65th Leg., p. 102, ch. 47, Sec. 1, eff. April 5, 1977; Acts 1977,
65th Leg., p. 821, ch. 306, Sec. 1, 2, eff. Aug. 29, 1977; Acts
1977, 65th Leg., p. 909, ch. 342, Sec. 1, 2, eff. Aug. 29, 1977;
Acts 1977, 65th Leg., p. 914, ch. 343, Sec. 2, eff. Sept. 1, 1978;
Acts 1977, 65th Leg., p. 925, ch. 347, Sec. 1, 2, eff. Aug. 29, 1977;
Acts 1977, 65th Leg., p. 1058, ch. 388, Sec. 1, 2, eff. Aug. 29,
1977; Acts 1977, 65th Leg., p. 1850, ch. 735, Sec. 2.133, eff. Aug.
29, 1977.
Sec. 6 amended by Acts 1979, 66th Leg., p. 1338, ch. 605, Sec. 4,
eff. Aug. 27, 1979; Secs. 6a(b), 10 amended by Acts 1979, 66th
Leg., p. 1336, ch. 605, Sec. 1, 2, eff. Aug. 27, 1979; Sec. 8(a)
amended by Acts 1979, 66th Leg., p. 265, ch. 139, Sec. 1, eff. Aug.
27, 1979; Sec. 2 amended by Acts 1981, 67th Leg., p. 353, ch. 141,
Sec. 2, eff. Sept. 1, 1981; Sec. 3a amended by Acts 1981, 67th Leg.,
p. 2466, ch. 639, Sec. 2, eff. Sept. 1, 1981; Sec. 3d(a) amended by
Acts 1981, 67th Leg., p. 2263, ch. 544, Sec. 1, eff. Sept. 1, 1981;
Sec. 3e(a) amended by Acts 1981, 67th Leg., p. 154, ch. 69, Sec. 1,
eff. Sept. 1, 1981; Sec. 3e(b) amended by Acts 1981, 67th Leg., p.
154, ch. 69, Sec. 2, eff. Sept. 1, 1981; Sec. 3e(c) added by Acts
1981, 67th Leg., p. 154, ch. 69, Sec. 3, eff. Sept. 1, 1981; Sec.
3f(c) added by Acts 1981, 67th Leg., p. 707, ch. 268, Sec. 16, eff.
Sept. 1, 1981; Sec. 3f(c) added by Acts 1981, 67th Leg., p. 741, ch.
276, Sec. 3, eff. Sept. 1, 1981; Sec. 5 amended by Acts 1981, 67th
Leg., p. 155, ch. 69, Sec. 4, eff. Sept. 1, 1981; Sec. 8(b) amended
by Acts 1981, 67th Leg., p. 811, ch. 291, Sec. 118, eff. Sept. 1,
1981; Sec. 8(c) amended by Acts 1981, 67th Leg., p. 2246, ch. 538,
Sec. 1, 2, eff. June 12, 1981; Sec. 10A added by Acts 1981, 67th
Leg., p. 2464, ch. 638, Sec. 1, eff. Sept. 1, 1981; Sec. 13 amended
by Acts 1981, 67th Leg., p. 354, ch. 141, Sec. 3, eff. Sept. 1, 1981;
Sec. 14A amended by Acts 1981, 67th Leg., p. 354, ch. 141, Sec. 4,
eff. Sept. 1, 1981; Sec. 15(f), (g) amended, Sec. 15(h) to (j)
added and Sec. 15(k), (l) relettered from Sec. 15(h), (i) and
amended by Acts 1981, 67th Leg., p. 355, ch. 141, Sec. 5, eff. Sept.
1, 1981; Secs. 28 to 30 amended by Acts 1981, 67th Leg., p. 356, ch.
141, Sec. 6 to 8, eff. Sept. 1, 1981; Sec. 32 amended by Acts 1981,
67th Leg., p. 357, ch. 141, Sec. 9, eff. Sept. 1, 1981; Sec. 1
amended by Acts 1983, 68th Leg., p. 974, ch. 232, Sec. 1; Sec.
3d(a), (d) amended by Acts 1983, 68th Leg., p. 1587, ch. 303, Sec.
8, eff. Jan. 1, 1984; Secs. 3e(a), 3f(a) amended by Acts 1983, 68th
Leg., p. 5319, ch. 977, Sec. 9, 10, eff. Sept. 1, 1983; Sec. 3f(c)
amended by Acts 1983, 68th Leg., p. 2415, ch. 425, Sec. 25, eff.
Aug. 29, 1983; Sec. 4 amended by Acts 1983, 68th Leg., p. 1587, ch.
303, Sec. 9, eff. Jan. 1, 1984; Acts 1983, 68th Leg., p. 1790, ch.
343, Sec. 1, eff. Aug. 29, 1983; Sec. 6 amended by Acts 1983, 68th
Leg., p. 1056, ch. 237, Sec. 1, eff. Aug. 29, 1983; Acts 1983, 68th
Leg., p. 4669, ch. 811, Sec. 1, eff. Aug. 29, 1983; Acts 1983, 68th
Leg., p. 1588, ch. 303, Sec. 10, eff. Jan. 1, 1984; Sec. 6b amended
by Acts 1983, 68th Leg., p. 1590, ch. 303, Sec. 11, eff. Jan. 1,
1984; Sec. 6c added by Acts 1983, 68th Leg., p. 1057, ch. 237, Sec.
2, eff. Aug. 29, 1983; Acts 1983, 68th Leg., p. 1711, ch. 325, Sec.
2, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4877, ch. 863, Sec.
1, 2, eff. Aug. 29, 1983; Sec. 7 amended by Acts 1983, 68th Leg., p.
1591, ch. 303, Sec. 12, eff. Jan. 1, 1984; Secs. 8(a), 10(a), (b)
amended by Acts 1983, 68th Leg., p. 1061, ch. 237, Sec. 3, 4, eff.
Aug. 29, 1983; Sec. 10(a) amended by Acts 1983, 68th Leg., p. 4572,
ch. 762, Sec. 1, eff. Aug. 29, 1983; Sec. 10(g) amended by Acts
1983, 68th Leg., p. 4535, ch. 747, Sec. 1, eff. June 19, 1983; Acts
1983, 68th Leg., p. 5003, ch. 897, Sec. 1, eff. Aug. 29, 1983; Sec.
10(j) added by Acts 1983, 68th Leg., p. 2038, ch. 372, Sec. 1, eff.
Aug. 29, 1983; Acts 1983, 68th Leg., p. 4535, ch. 747, Sec. 1, eff.
June 19, 1983; Sec. 10(j) to (n) added by Acts 1983, 68th Leg., p.
5003, ch. 897, Sec. 1, eff. Aug. 29, 1983; Sec. 10A(a) amended by
Acts 1983, 68th Leg., p. 1592, ch. 303, Sec. 13, eff. Jan. 1, 1984.
Sec. 12 amended by Acts 1983, 68th Leg., p. 148, ch. 40, Sec. 2, eff.
April 26, 1983; Acts 1983, 68th Leg., p. 974, ch. 232, Sec. 1; Sec.
14A(c) amended by Acts 1983, 68th Leg., p. 976, ch. 232, Sec. 2;
Sec. 15(a) amended by Acts 1983, 68th Leg., p. 149, ch. 40, Sec. 3,
eff. April 26, 1983; Acts 1983, 68th Leg., p. 976, ch. 232, Sec. 3;
Sec. 15(m) added by Acts 1983, 68th Leg., p. 3193, ch. 548, Sec. 2,
eff. June 19, 1983; Sec. 21(a) amended by Acts 1983, 68th Leg., p.
977, ch. 232, Sec. 4; Sec. 22 amended by Acts 1983, 68th Leg., p.
977, ch. 232, Sec. 5; Sec. 32 amended by Acts 1983, 68th Leg., p.
3194, ch. 548, Sec. 3, eff. June 19, 1983. Amended by Acts 1985,
69th Leg., ch. 427, Sec. 1, eff. Sept. 1, 1985. Sec. 6 amended by
Acts 1985, 69th Leg., ch. 595, Sec. 2, eff. Sept. 1, 1985; Sec. 6(a)
amended by Acts 1985, 69th Leg., ch. 554, Sec. 1, eff. Aug. 26,
1985; Sec. 6a(a) amended by Acts 1985, 69th Leg., ch. 239, Sec. 24,
eff. Sept. 1, 1985; Sec. 6b(b) amended by Acts 1985, 69th Leg., ch.
632, Sec. 13, eff. Sept. 1, 1985; Sec. 6c(a) amended by Acts 1985,
69th Leg., ch. 255, Sec. 1, eff. June 4, 1985; Sec. 6d added by Acts
1985, 69th Leg., ch. 727, Sec. 1, eff. Jan. 1, 1986; Sec. 10(j)
amended by Acts 1985, 69th Leg., ch. 801, Sec. 1, eff. Aug. 26,
1985; Sec. 10(o) added by Acts 1985, 69th Leg., ch. 956, Sec. 1,
eff. June 16, 1985; Sec. 12a amended by Acts 1985, 69th Leg., ch.
479, Sec. 163, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 729,
Sec. 5, eff. Sept. 1, 1985; Sec. 15(f) amended by Acts 1985, 69th
Leg., ch. 588, Sec. 3, eff. Sept. 1, 1985; Sec. 15(g) amended by
Acts 1985, 69th Leg., ch. 481, Sec. 1, eff. Aug. 26, 1985; Acts
1985, 69th Leg., ch. 554, Sec. 2, eff. Aug. 26, 1985; Acts 1985,
69th Leg., ch. 595, Sec. 3, eff. Sept. 1, 1985; Sec. 15(n) added by
Acts 1985, 69th Leg., ch. 239, Sec. 80(a), eff. Sept. 1, 1985; Sec.
21(a) amended by Acts 1985, 69th Leg., ch. 714, Sec. 1, eff. Aug.
26, 1985; Sec. 22 amended by Acts 1985, 69th Leg., ch. 714, Sec. 2,
eff. Aug. 26, 1985; Sec. 22 amended by Acts 1985, 69th Leg., ch.
508, Sec. 1, eff. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 714, Sec.
12, eff. Aug. 26, 1985; Sec. 3d(d) amended by Acts 1987, 70th Leg.,
ch. 922, Sec. 4, eff. Sept. 1, 1987; Sec. 3h amended by Acts 1987,
70th Leg., ch. 1049, Sec. 54, eff. Sept. 1, 1987; ; Sec. 4(h)
amended by Acts 1987, 70th Leg., ch. 507, Sec. 1, eff. Sept. 1,
1987; Sec. 6(a) amended by Acts 1987, 70th Leg., ch. 1, Sec. 4, eff.
Feb. 20, 1987; Acts 1987, 70th Leg., ch. 939, Sec. 2, eff. Sept. 1,
1987; Sec. 6(b) amended by Acts 1987, 70th Leg., ch. 939, Sec. 3,
eff. Sept. 1, 1987; Sec. 6(e) added by Acts 1987, 70th Leg., ch.
939, Sec. 4, eff. Sept. 1, 1987; Sec. 6(f) added by Acts 1987, 70th
Leg., ch. 930, Sec. 1, eff. Sept. 1, 1987; Sec. 6a(a) amended by
Acts 1987, 70th Leg., ch. 939, Sec. 5, eff. Sept. 1, 1987; Sec.
6b(g) added by Acts 1987, 70th Leg., ch. 507, Sec. 2, eff. Sept. 1,
1987; Sec. 6d amended by Acts 1987, 70th Leg., ch. 473, Sec. 3, eff.
Sept. 1, 1987; Acts 1987, 70th Leg., ch. 928, Sec. 1, eff. Sept. 1,
1987; Sec. 6e amended by Acts 1987, 70th Leg., ch. 939, Sec. 6, eff.
Sept. 1, 1987; Sec. 6f added by Acts 1987, 70th Leg., ch. 1, Sec. 5,
eff. Feb. 20, 1987; amended by Acts 1987, 70th Leg., ch. 473, Sec.
3, eff. Sept. 1, 1987; Sec. 6g added by Acts 1987, 70th Leg., ch.
939, Sec. 7, eff. Sept. 1, 1987; Sec. 8(a) amended by Acts 1987,
70th Leg., ch. 939, Sec. 8, eff. Sept. 1, 1987; Sec. 8(d) added by
Acts 1987, 70th Leg., ch. 1, Sec. 6, eff. Feb. 20, 1987; Sec. 10(a),
(b), (d), (l), (p), amended by and Subsec. (q) added by Acts 1987,
70th Leg., ch. 939, Sec. 9, eff. Sept. 1, 1987; Sec. 10(o) amended
by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(8), eff. Sept. 1,
1987; Secs. 12a, 15(f), (g), (n), 21, 22 amended by Acts 1987, 70th
Leg., ch. 1101, Sec. 16, eff. Sept. 1, 1987.
Sec. 15(f)(2) amended by Acts 1987, 70th Leg., ch. 441, Sec. 1, eff.
Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.17,
eff. Sept. 1, 1989. Sec. 3a(a) amended by Acts 1989, 71st Leg., 1st
C.S., ch. 8, Sec. 1, eff. Oct. 18, 1989; Sec. 3d(c) amended by Acts
1989, 71st Leg., ch. 679, Sec. 1, eff. Sept. 1, 1989; Sec. 3d(d)
amended by Acts 1989, 71st Leg., ch. 236, Sec. 11, eff. April 1,
1990; Sec. 6(a), (g) amended by Acts 1989, 71st Leg., ch. 260, Sec.
1, eff. Sept. 1, 1989; Sec. 6(e), (h) amended by Acts 1989, 71st
Leg., ch. 86, Sec. 1, eff. Aug. 28, 1989; Sec. 6(f) amended by and
(g), (h) added by Acts 1989, 71st Leg., ch. 1195, Sec. 9, eff. Sept.
1, 1989; Sec. 6(g) added by Acts 1989, 71st Leg., 1st C.S., ch. 6,
Sec. 1, eff. Jan. 1, 1990; Sec. 6c(a), (b), (c) amended by Acts
1989, 71st Leg., ch. 111, Sec. 1, eff. Sept. 1, 1989; Sec. 6g(a),
(b) amended by Acts 1989, 71st Leg., ch. 1040, Sec. 5, eff. Aug. 28,
1989; Sec. 6g(d) added by Acts 1989, 71st Leg., ch. 1040, Sec. 5,
eff. Aug. 28, 1989; Sec. 6h relettered from Sec. 6f by Acts 1989,
71st Leg., ch. 2, Sec. 16.01(9), eff. Aug. 28, 1989; Sec. 6i
relettered from Sec. 6f(b) by Acts 1989, 71st Leg., ch. 2, Sec.
16.01(10), eff. Aug. 28, 1989; Sec. 7 amended by Acts 1989, 71st
Leg., ch. 679, Sec. 2, eff. Sept. 1, 1989; Sec. 8(a) amended by Acts
1989, 71st Leg., ch. 191, Sec. 1, eff. May 26, 1989; Sec. 8(a)
amended by Acts 1989, 71st Leg., ch. 1195, Sec. 10, eff. Sept. 1,
1989; Sec. 10(j-1) added by Acts 1989, 71st Leg., ch. 2, Sec.
5.02(a), eff. Aug. 28, 1989; Sec. 10(j-2) added by Acts 1989, 71st
Leg., ch. 2, Sec. 8.11(c), eff. Aug. 28, 1989; Sec. 10(j-3) added
by Acts 1989, 71st Leg., ch. 1135, Sec. 5, eff. Aug. 28, 1989; Sec.
10A(j) amended by Acts 1989, 71st Leg., ch. 679, Sec. 3, eff. Sept.
1, 1989; Sec. 10B added by Acts 1989, 71st Leg., ch. 1074, Sec. 8,
eff. Sept. 1, 1989; Sec. 11(b) amended by Acts 1990, 71st Leg., 6th
C.S., ch. 25, Sec. 8, eff. June 18, 1990; Sec. 16(a) amended by Acts
1990, 71st Leg., 6th C.S., ch. 25, Sec. 31, eff. June 18, 1990; Sec.
17(a) amended by and Sec. 17(c), (d) added by Acts 1990, 71st Leg.,
6th C.S., ch. 25, Sec. 9, eff. June 18, 1990; Sec. 18(a) amended by
Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 10, eff. June 18, 1990;
Sec. 20 amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 11,
eff. June 18, 1990; Sec. 25(a) amended by Acts 1990, 71st Leg., 6th
C.S., ch. 25, Sec. 12, eff. June 18, 1990; Sec. 3g amended by Acts
1991, 72nd Leg., ch. 541, Sec. 1, eff. Sept. 1, 1991; Sec. 5(d)
amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(52), eff. Sept. 1,
1991; Sec. 6(e) added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10,
Sec. 19.02, eff. Oct. 1, 1991; Sec. 8 amended by Acts 1991, 72nd
Leg., ch. 343, Sec. 1, eff. Aug. 26, 1991; Sec. 9 amended by Acts
1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 16.01, eff. Dec. 1, 1991;
Sec. 11(a) amended by Acts 1991, 72nd Leg., ch. 572, Sec. 2, eff.
Sept. 1, 1991; Sec. 11(c) added by Acts 1991, 72nd Leg., ch. 202,
Sec. 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 285, Sec. 1,
eff. Sept. 1, 1991; Sec. 12 amended by Acts 1991, 72nd Leg., ch.
555, Sec. 3, eff. Sept. 1, 1991; Sec. 13(g) amended by Acts 1991,
72nd Leg., ch. 784, Sec. 9, eff. Sept. 1, 1991; Sec. 16(d) and (e)
amended by Acts 1991, 72nd Leg., ch. 900, Sec. 3, eff. Aug. 26,
1991; Sec. 16(h) added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10,
Sec. 8.01, eff. Dec. 1, 1991; Sec. 17(e) added by Acts 1991, 72nd
Leg., 2nd C.S., ch. 10, Sec. 15.02, eff. Oct. 1, 1991; Sec. 24(a)
amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(8), (9), (60),
eff. Sept. 1, 1991; Sec. 25(a) amended by Acts 1991, 72nd Leg., ch.
344, Sec. 1, eff. June 5, 1991; Sec. 28 added by Acts 1991, 72nd
Leg., 2nd C.S., ch. 10, Sec. 6.01, eff. Dec. 1, 1991; Sec. 5(c)
amended by Acts 1993, 73rd Leg., ch. 470, Sec. 2, eff. Sept. 1,
1993; Sec. 9(g) amended by and Sec. 9(k) added by Acts 1993, 73rd
Leg., ch. 889, Sec. 1, eff. Sept. 1, 1993; Sec. 10(a) amended by
Acts 1993, 73rd Leg., ch. 796, Sec. 1, eff. Sept. 1, 1993; Sec.
10(j-3) amended by Acts 1993, 73rd Leg., ch. 790, Sec. 36, eff.
Sept. 1, 1993; Sec. 11(a) amended by Acts 1993, 73rd Leg., ch. 806,
Sec. 2, eff. Sept. 1, 1993; Sec. 11(c) redesignated as 11(d) by
Acts 1993, 73rd Leg., ch. 107, Sec. 10.01(1), eff. Aug. 30, 1993;
Sec. 11(l) added by Acts 1993, 73rd Leg., ch. 10, Sec. 3, eff. March
19, 1993; Sec. 13(a) amended by Acts 1993, 73rd Leg., ch. 886, Sec.
15, eff. Jan. 1, 1995; Sec. 13(h) amended by Acts 1993, 73rd Leg.,
ch. 662, Sec. 8, eff. Sept. 1, 1993; amended by Acts 1993, 73rd
Leg., ch. 790, Sec. 30, eff. Sept. 1, 1993; amended by Acts 1993,
73rd Leg., ch. 796, Sec. 2, eff. Sept. 1, 1993; Sec. 13(i) amended
by Acts 1993, 73rd Leg., ch. 662, Sec. 1, eff. Sept. 1, 1993; Sec.
13(j) to (l) amended by Acts 1993, 73rd Leg., ch. 796, Sec. 2, eff.
Sept. 1, 1993; Sec. 13a added by Acts 1993, 73rd Leg., ch. 987, Sec.
2, eff. Sept. 1, 1993; Sec. 14 amended by Acts 1993, 73rd Leg., ch.
165, Sec. 1, eff. Sept. 1, 1993; Sec. 15 added by Acts 1993, 73rd
Leg., ch. 900, Sec. 4.01, eff. Sept. 1, 1994; Sec. 15(a) amended by
Acts 1993, 73rd Leg., ch. 806, Sec. 3, eff. Sept. 1, 1993; Sec.
16(e) added by Acts 1993, 73rd Leg., ch. 987, Sec. 3, eff. Sept. 1,
1993; Sec. 17(e) amended by Acts 1993, 73rd Leg., ch. 201, Sec. 3,
eff. Aug. 30, 1993; Sec. 22(e), (f) added by Acts 1993, 73rd Leg.,
ch. 805, Sec. 7, eff. Aug. 30, 1993; Sec. 29 added by Acts 1993,
73rd Leg., ch. 201, Sec. 4, eff. Aug. 30, 1993. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 4.01, eff. Sept. 1, 1993; Sec. 2(3)
amended by Acts 1995, 74th Leg., ch. 76, Sec. 7.13, eff. Sept. 1,
1995; Sec. 3(b) amended by and Sec. 3(f) added by Acts 1995, 74th
Leg., ch. 256, Sec. 1, eff. Sept. 1, 1995; Sec. 3g(a) amended by
Acts 1995, 74th Leg., ch. 260, Sec. 14, eff. May 30, 1995; amended
by Acts 1995, 74th Leg., ch. 318, Sec. 52, eff. Sept. 1, 1995; Sec.
4(d) amended by Acts 1995, 74th Leg., ch. 260, Sec. 15, eff. May 30,
1995; Sec. 5(a) amended by Acts 1995, 74th Leg., ch. 256, Sec.2 ,
eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 318, Sec.
53, eff. Jan. 1, 1996; Sec. 5(b) amended by Acts 1995, 74th Leg.,
ch. 318, Sec. 53, eff. Jan. 1, 1996; Sec. 5(c) amended by Acts 1995,
74th Leg., ch. 76, Sec. 3.06, eff. Sept. 1, 1995; amended by Acts
1995, 74th Leg., ch. 256, Sec. 2, eff. Sept. 1, 1995; Sec. 5(d)
amended by Acts 1995, 74th Leg., ch. 260, Sec. 16, eff. May 30,
1995; Sec. 9(e) amended by Acts 1995, 74th Leg., ch. 321, Sec.
3.003, eff. Sept. 1, 1995; Sec. 9(j) amended by Acts 1995, 74th
Leg., ch. 257, Sec. 1, eff. Sept. 1, 1995; amended by Acts 1995,
74th Leg., ch. 321, Sec. 3.003, eff. Sept. 1, 1995; Sec. 9(k)
amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.003, eff. Sept. 1,
1995; Sec. 9(l), (m) added by Acts 1995, 74th Leg., ch. 257, Sec. 1,
eff. Sept. 1, 1995; Sec. 10(a) amended by Acts 1995, 74th Leg., ch.
76, Sec. 3.07(a), eff. Sept. 1, 1995; Sec. 11(a) amended by Acts
1995, 74th Leg., ch. 76, Sec. 3.08, eff. Sept. 1, 1995; amended by
Acts 1995, 74th Leg., ch. 258, Sec. 10, eff. Sept. 1, 1995; amended
by Acts 1995, 74th Leg., ch. 318, Sec. 54, eff. Sept. 1, 1995;
amended by Acts 1995, 74th Leg., ch. 595, Sec. 2, eff. Sept. 1,
1995; Sec. 11(e) added by Acts 1995, 74th Leg., ch. 258, Sec. 10,
eff. Sept. 1, 1995; Sec. 11(l)(1) amended by Acts 1995, 74th Leg.,
ch. 657, Sec. 4, eff. June 14, 1995; Sec. 13(a) amended by Acts
1995, 74th Leg., ch. 318, Sec. 55, eff. Sept. 1, 1995; Sec. 13(e)
amended by Acts 1995, 74th Leg., ch. 318, Sec. 56, eff. Sept. 1,
1995; Sec. 13(e) repealed by Acts 1995, 74th Leg., ch. 321, Sec.
3.020(a), eff. Sept. 1, 1995; Sec. 13(g) amended by Acts 1995, 74th
Leg., ch. 318, Sec. 57(a), eff. Sept. 1, 1995; Sec. 13(i) amended
by Acts 1995, 74th Leg., ch. 318, Sec. 57(b), eff. Sept. 1, 1995.
Sec. 13(j) amended by Acts 1995, 74th Leg., ch. 318, Sec. 58, eff.
Sept. 1, 1995; Sec. 13(m) added by Acts 1995, 74th Leg., ch. 76,
Sec. 3.07(b), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318,
Sec. 59, eff. Sept. 1, 1995; Sec. 13B added by Acts 1995, 74th Leg.,
ch. 83, Sec. 2, eff. Sept. 1, 1995; added by Acts 1995, 74th Leg.,
ch. 256, Sec. 3, eff. Sept. 1, 1995; Sec. 14(a) amended by Acts
1995, 74th Leg., ch. 321, Sec. 3.004, eff. Sept. 1, 1995; Sec.
14(b) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.09, eff. Sept.
1, 1995; amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.005 eff.
Sept. 1, 1995; Sec. 15 repealed by Acts 1995, 74th Leg., ch. 76,
Sec. 3.11, eff. Sept. 1, 1995; Sec. 15(a) to (d), (f) amended by
Acts 1995, 74th Leg., ch. 318, Sec. 60, eff. Jan. 1, 1996; Sec.
15(h) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.10, eff. Sept.
1, 1995; amended by Acts 1995, 74th Leg., ch. 318, Sec. 60, eff.
Jan. 1, 1996; amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.006,
eff. Sept. 1, 1995; Sec. 16 amended by Acts 1995, 74th Leg., ch.
321, Sec. 3.007, eff. Sept. 1, 1995; Sec. 16(e) repealed by Acts
1995, 74th Leg., ch. 76, Sec. 3.12(a), eff. Sept. 1, 1995; Sec.
16(e) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.12(b), eff.
Sept. 1, 1995; Sec. 18(a) amended by Acts 1995, 74th Leg., ch. 76,
Sec. 7.02, eff. Sept. 1, 1995; Sec. 18(e) amended by Acts 1995,
74th Leg., ch. 76, Sec. 3.16, eff. Sept. 1, 1995; Sec. 18(h)
amended by Acts 1995, 74th Leg., ch. 318, Sec. 61, eff. Jan. 1,
1996; Sec. 19(b) amended by Acts 1995, 74th Leg., ch. 76, Sec.
7.14, eff. Sept. 1, 1995; Sec. 19(e), (f) amended by Acts 1995,
74th Leg., ch. 76, Sec. 3.17, eff. Sept. 1, 1995; Sec. 22(a)
amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.18, eff. Sept. 1,
1995; amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.008, eff.
Sept. 1, 1995; Sec. 22(d) amended by Acts 1995, 74th Leg., ch. 76,
Sec. 7.15, eff. Sept. 1, 1995; Sec. 29 repealed by Acts 1995, 74th
Leg., ch. 76, Sec. 3.15, eff. Sept. 1, 1995; Sec. 2(4) added by Acts
1997, 75th Leg., ch. 1430, Sec. 1, eff. Sept. 1, 1997; Sec. 3(d)
amended by Acts 1997, 75th Leg., ch. 1430, Sec. 2, eff. Sept. 1,
1997; Sec. 3(g) added by Acts 1997, 75th Leg., ch. 706, Sec. 1, eff.
Sept. 1, 1997; Sec. 3g(a) amended by Acts 1997, 75th Leg., ch. 165,
Sec. 12.03, eff. Sept. 1, 1997; Sec. 4(c) amended by Acts 1997,
75th Leg., ch. 1430, Sec. 3, eff. Sept. 1, 1997; Sec. 5(a) amended
by Acts 1997, 75th Leg., ch. 667, Sec. 1, eff. Sept. 1, 1997;
amended by Acts 1997, 75th Leg., ch. 1430, Sec. 4, eff. Sept. 1,
1997; Sec. 5(c), (d) amended by Acts 1997, 75th Leg., ch. 667, Sec.
1, eff. Sept. 1, 1997; Sec. 11(a) amended by Acts 1997, 75th Leg.,
ch. 700, Sec. 11, eff. Sept. 1, 1997; Sec. 11(d) amended by Acts
1997, 75th Leg., ch. 312, Sec. 3, eff. Sept. 1, 1997; Sec. 11(e)
amended by Acts 1997, 75th Leg., ch. 668, Sec. 3, eff. Sept. 1,
1997; Sec. 11(f) added by Acts 1997, 75th Leg., ch. 144, Sec. 3,
eff. May 20, 1997; Sec. 11(l) amended by Acts 1997, 75th Leg., ch.
1, Sec. 6, eff. Jan. 28, 1997; Sec. 13(j) amended by Acts 1997, 75th
Leg., ch. 577, Sec. 18, eff. Sept. 1, 1997; Sec. 13(m) relettered
as Sec. 13(n) by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(10), eff.
Sept. 1, 1997; Sec. 13B renumbered as Sec. 13C by Acts 1997, 75th
Leg., ch. 165, Sec. 31.01(11), eff. Sept. 1, 1997; Sec. 15(a)
amended by Acts 1997, 75th Leg., ch. 488, Sec. 1, eff. Sept. 1,
1997; Sec. 15(d) amended by Acts 1997, 75th Leg., ch. 745, Sec. 34,
eff. Jan. 1, 1998; Sec. 15(e) amended by Acts 1997, 75th Leg., ch.
488, Sec. 2, eff. Sept. 1, 1997; Sec. 15(f)(2) amended by Acts
1997, 75th Leg., ch. 488, Sec. 3, eff. Sept. 1, 1997; Sec. 15(g)
amended by Acts 1997, 75th Leg., ch. 488, Sec. 1, eff. Sept. 1,
1997; Sec. 15(h)(1), (2) amended by Acts 1997, 75th Leg., ch. 488,
Sec. 4, eff. Sept. 1, 1997; Sec. 19(g) amended by Acts 1997, 75th
Leg., ch. 668, Sec. 4, eff. Sept. 1, 1997; Sec. 22(c) amended by
Acts 1997, 75th Leg., ch. 754, Sec. 1, eff. Sept. 1, 1997; Sec. 22A
added by Acts 1997, 75th Leg., ch. 1430, Sec. 5, eff. Sept. 1, 1997;
Sec. 3g(a) amended by Acts 1999, 76th Leg., ch. 806, Sec. 1, eff.
Sept. 1, 1999; Sec. 5(c) amended by Acts 1999, 76th Leg., ch. 1415,
Sec. 5(a), eff. Sept. 1, 1999; Sec. 5(e) added by Acts 1999, 76th
Leg., ch. 580, Sec. 7, eff. Sept. 1, 1999; added by Acts 1999, 76th
Leg., ch. 1193, Sec. 3, eff. Sept. 1, 1999; added by Acts 1999, 76th
Leg., ch. 1415, Sec. 4, eff. Sept. 1, 1999; Sec. 9(j) amended by
Acts 1999, 76th Leg., ch. 1263, Sec. 1, eff. Sept. 1, 1999; Sec.
9(k) amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.43, eff.
Sept. 1, 1999; Sec. 11(a) amended by Acts 1999, 76th Leg., ch. 323,
Sec. 1, eff. Sept. 1, 1999; Sec. 11(g) added by Acts 1999, 76th
Leg., ch. 27, Sec. 1, eff. Sept. 1, 1999; added by Acts 1999, 76th
Leg., ch. 1415, Sec. 6(a), eff. Sept. 1, 1999; Sec. 13(g) amended
by Acts 1999, 76th Leg., ch. 62, Sec. 3.04, eff. Sept. 1, 1999; Sec.
13(h) amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.04, eff. Sept.
1, 1999; amended by Acts 1999, 76th Leg., ch. 580, Sec. 8, eff.
Sept. 1, 1999; Sec. 13(i) amended by Acts 1999, 76th Leg., ch. 62,
Sec. 3.04, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch.
1105, Sec. 3, eff. Sept. 1, 1999; Sec. 13(j) amended by Acts 1999,
76th Leg., ch. 62, Sec. 3.04, eff. Sept. 1, 1999; amended by Acts
1999, 76th Leg., ch. 580, Sec. 8, eff. Sept. 1, 1999; Sec. 13(k),
(m) amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.04, eff. Sept.
1, 1999; Sec. 13D added by Acts 1999, 76th Leg., ch. 56, Sec. 1,
eff. Sept. 1, 1999; Sec. 14(c) amended by Acts 1999, 76th Leg., ch.
910, Sec. 1, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg.,
ch. 1188, Sec. 1.44, eff. Sept. 1, 1999; Sec. 14(e) added by Acts
1999, 76th Leg., ch. 1188, Sec. 1.44, eff. Sept. 1, 1999; Sec. 15A
added by Acts 1999, 76th Leg., ch. 564, Sec. 2, eff. Sept. 1, 1999;
Sec. 20(b) amended by Acts 1999, 76th Leg., ch. 1415, Sec. 5(b),
eff. Sept. 1, 1999; Sec. 3g(a) amended by Acts 2001, 77th Leg., ch.
786, Sec. 2, eff. June 14, 2001; Sec. 5(f) relettered from Sec.
5(e) by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(10), eff. Sept.
1, 2001; Sec. 5(g) added by Acts 2001, 77th Leg., ch. 1159, Sec. 3,
eff. Sept. 1, 2001; Sec. 9(h) amended by Acts 2001, 77th Leg., ch.
969, Sec. 8, eff. Sept. 1, 2001; Sec. 11(e) amended by Acts 2001,
77th Leg., ch. 211, Sec. 1, eff. Sept. 1, 2001; Sec. 11(h)
relettered from Sec. 11(g) by Acts 2001, 77th Leg., ch. 1420, Sec.
21.001(11), eff. Sept. 1, 2001; Sec. 13(a), (g), (k) amended by
Acts 2001, 77th Leg., ch. 969, Sec. 9, eff. Sept. 1, 2001; Sec. 15A
amended by Acts 2001, 77th Leg., ch. 1351, Sec. 1, eff. Sept. 1,
2001; Sec. 16(b) amended by Acts 2001, 77th Leg., ch. 970, Sec. 1,
eff. Sept. 1, 2001; Sec. 19(a) amended by Acts 2001, 77th Leg., ch.
992, Sec. 1, eff. Sept. 1, 2001; Sec. 5(h) added by Acts 2003, 78th
Leg., ch. 250, Sec. 1, eff. June 18, 2003; Sec. 8(a) amended by Acts
2003, 78th Leg., ch. 239, Sec. 1, eff. Sept. 1, 2003; Sec. 9(l)
amended by Acts 2003, 78th Leg., ch. 353, Sec. 5, eff. Sept. 1,
2003; Sec. 9(l) amended by Acts 2003, 78th Leg., ch. 892, Sec. 20,
eff. Sept. 1, 2003; Sec. 9(m) amended by Acts 2003, 78th Leg., ch.
353, Sec. 5, eff. Sept. 1, 2003; Sec. 9A added by Acts 2003, 78th
Leg., ch. 353, Sec. 1, eff. Sept. 1, 2003; Sec. 11(d) amended by
Acts 2003, 78th Leg., ch. 35, Sec. 4, eff. Jan. 1, 2004; Sec. 11(i)
added by Acts 2003, 78th Leg., ch. 353, Sec. 2, eff. Sept. 1, 2003;
Sec. 13(a), (g) amended by Acts 2003, 78th Leg., ch. 1275, Sec.
3(3), eff. Sept. 1, 2003; Sec. 13B(a) amended by Acts 2003, 78th
Leg., ch. 353, Sec. 3, eff. Sept. 1, 2003; Sec. 13B(i) added by Acts
2003, 78th Leg., ch. 353, Sec. 3, eff. Sept. 1, 2003; Sec. 14
amended by Acts 2003, 78th Leg., ch. 353, Sec. 4, eff. Sept. 1,
2003; Sec. 14(b) amended by Acts 2003, 78th Leg., ch. 353, Sec. 6,
eff. Sept. 1, 2003; Sec. 14(e) amended by Acts 2003, 78th Leg., ch.
209, Sec. 63(a), eff. Jan. 1, 2004; Sec. 14(e) amended by Acts
2003, 78th Leg., ch. 1310, Sec. 2, eff. Sept. 1, 2003; Sec. 15(a),
(c) amended by Acts 2003, 78th Leg., ch. 1122, Sec. 1, eff. Sept. 1,
2003.
Sec. 19(f) amended by Acts 2003, 78th Leg., ch. 209, Sec. 64(a),
eff. Jan. 1, 2004; Sec. 19(f) amended by Acts 2003, 78th Leg., ch.
1310, Sec. 3, eff. Sept. 1, 2003; Sec. 19(g) amended by Acts 2003,
78th Leg., ch. 1300, Sec. 1, eff. Sept. 1, 2003; Sec. 19(h) added by
Acts 2003, 78th Leg., ch. 1300, Sec. 1, eff. Sept. 1, 2003; Sec.
21(e) added by Acts 2003, 78th Leg., ch. 250, Sec. 2, eff. June 18,
2003; Sec. 24 added by Acts 2003, 78th Leg., ch. 250, Sec. 3, eff.
June 18, 2003. Sec. 4(d) amended by Acts 2005, 79th Leg., ch. 210,
Sec. 1, eff. Sept. 1, 2005; Secs. 9(d) and 9(g) amended by Acts
2005, 79th Leg., ch. 500, Sec. 1, eff. Sept. 1, 2005; Sec. 11(a)
amended by Acts 2005, 79th Leg., ch. 956, Sec. 2, eff. Sept. 1,
2005; Sec. 11(a) amended by Acts 2005, 79th Leg., ch. 969, Sec. 2,
eff. Sept. 1, 2005; Sec. 11(a) and 11(e) amended by Acts 2005, 79th
Leg., ch. 1224, Sec. 18, eff. Sept. 1, 2005; Sec. 13(a) amended by
Acts 2005, 79th Leg., ch. 1188, Sec. 1, eff. Sept. 1, 2005; Sec.
13(i) amended by Acts 2005, 79th Leg., ch. 996, Sec. 2, eff. Sept.
1, 2005; Sec. 15(c)(1) amended by Acts 2005, 79th Leg., ch. 210,
Sec. 2, eff. Sept. 1, 2005; Sec. 16(e) added by Acts 2005, 79th
Leg., ch. 904, Sec. 3, eff. Sept. 1, 2005; Secs. 18(b), 18(d), and
18(i) amended by Acts 2005, 79th Leg., ch. 1139, Sec. 4, eff. June
18, 2005; Sec. 19(g) and (h) amended by Acts 2005, 79th Leg., ch.
1008, Sec. 4.07.
Article: 42.05 42.07 42.08 42.09 42.10 42.11 42.111 42.12 42.122. The adult probation officer of the 222nd
Judicial District receives a salary of not less than $15,000 per
annum. Also, the probation officer receives allowances, not to
exceed the amount allowed by the federal government for traveling
the most practical route to and from the place where the duties are
discharged, for his necessary travel and hotel expenses. Upon the
sworn statement of the officer, approved by the judge, the
respective counties of the judicial district pay the expenses
incurred for their regular or special term of court out of the
general county fund. In lieu of travel allowances the
commissioners court of each county, by agreement, may provide
transportation under the same terms and conditions as provided for
sheriffs.
Added by Acts 1985, 69th Leg., ch. 480, Sec. 18, eff. Sept 42.14 42.141 42.15 42.151 42.152 42.16
Last modified: August 11, 2007
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