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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for certain controlled substance |
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possession offenses under the Texas Controlled Substances Act; |
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changing eligibility for community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.056, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY |
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SUPERVISION. A defendant is not eligible for community supervision |
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under Article 42A.055 if the defendant: |
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(1) is sentenced to a term of imprisonment that |
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exceeds 10 years; |
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(2) is convicted of an offense [a state jail felony] |
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for which suspension of the imposition of the sentence occurs |
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automatically under Article 42A.551 or 42A.582; |
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(3) is adjudged guilty of an offense under Section |
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19.02, Penal Code; |
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(4) is convicted of an offense under Section 21.11, |
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22.011, or 22.021, Penal Code, if the victim of the offense was |
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younger than 14 years of age at the time the offense was committed; |
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(5) is convicted of an offense under Section 20.04, |
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Penal Code, if: |
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(A) the victim of the offense was younger than 14 |
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years of age at the time the offense was committed; and |
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(B) the actor committed the offense with the |
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intent to violate or abuse the victim sexually; |
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(6) is convicted of an offense under Section 20A.02, |
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20A.03, 43.04, 43.05, or 43.25, Penal Code; or |
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(7) is convicted of an offense for which punishment is |
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increased under Section 481.134(c), (d), (e), or (f), Health and |
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Safety Code, if it is shown that the defendant has been previously |
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convicted of an offense for which punishment was increased under |
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any of those subsections. |
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SECTION 2. Article 42A.551(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Except as otherwise provided by Subsection (b) or (c), |
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on conviction of a state jail felony under Section [481.115(b),] |
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481.1151(b)(1), [481.116(b),] 481.1161(b)(3), 481.121(b)(3), or |
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481.129(g)(1), Health and Safety Code, that is punished under |
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Section 12.35(a), Penal Code, the judge shall suspend the |
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imposition of the sentence and place the defendant on community |
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supervision. |
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SECTION 3. Chapter 42A, Code of Criminal Procedure, is |
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amended by adding Subchapter L-1 to read as follows: |
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SUBCHAPTER L-1. COMMUNITY SUPERVISION FOR CERTAIN CONTROLLED |
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SUBSTANCE POSSESSION OFFENSES |
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Art. 42A.581. APPLICABILITY. (a) Except as otherwise |
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provided by Subsection (b), this subchapter applies to an offense |
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under Section 481.115(b) or (c) or 481.116(c) or (d), Health and |
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Safety Code. |
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(b) This subchapter does not apply to an offense for which |
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the punishment is increased under Section 481.134, Health and |
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Safety Code, or Section 12.42, Penal Code. |
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Art. 42A.582. PLACEMENT ON COMMUNITY SUPERVISION; |
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EXECUTION OF SENTENCE. (a) On conviction of an offense described |
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by Section 42A.581, the judge shall suspend the imposition of the |
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sentence and place the defendant on community supervision, except |
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that the judge may order the sentence to be executed if: |
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(1) the defendant has been previously convicted of: |
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(A) an offense under Section 481.115 or 481.116, |
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Health and Safety Code; or |
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(B) a felony, other than a felony punished under |
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Section 12.44(a), Penal Code; |
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(2) the conviction resulted from an adjudication of |
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the guilt of a defendant previously placed on deferred adjudication |
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community supervision for the offense; or |
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(3) the judge determines by a preponderance of the |
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evidence that the defendant: |
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(A) is a danger to the safety of others; or |
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(B) possessed the substance with the intent to |
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deliver the substance. |
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(b) A judge who makes a determination described by |
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Subsection (a)(3) shall enter the reasons for making that |
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determination in the record of the proceeding. |
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(c) The judge may suspend in whole or in part the imposition |
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of any fine imposed on a conviction if a defendant is placed on |
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community supervision under this subchapter. |
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SECTION 4. Sections 509.011(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) If the division determines that a department complies |
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with division standards and if the department has submitted a |
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strategic plan under Section 509.007 and the supporting information |
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required by the division and the division determines the plan and |
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supporting information are acceptable, the division shall prepare |
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and submit to the comptroller vouchers for payment to the |
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department as follows: |
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(1) for per capita funding, a per diem amount for the |
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term of supervision for each [felony] defendant directly supervised |
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by the department pursuant to lawful authority for an offense |
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punishable as: |
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(A) a felony; or |
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(B) a Class A misdemeanor under Section |
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481.115(b) or 481.116(b), Health and Safety Code; |
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(2) for per capita funding, a per diem amount for a |
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period not to exceed 182 days for each defendant supervised by the |
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department pursuant to lawful authority for a misdemeanor |
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offense[,] other than an offense described by Subdivision (1)(B) [a |
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felony defendant]; and |
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(3) for formula funding, an annual amount as computed |
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by multiplying a percentage determined by the allocation formula |
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established under Subsection (f) times the total amount provided in |
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the General Appropriations Act for payments under this subdivision. |
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(b) The division may use discretionary grant funds to |
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further the purposes of this chapter by contracting for services |
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with state agencies or nonprofit organizations. The division may |
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also make discretionary grants to departments, municipalities, or |
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counties for the following purposes: |
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(1) development and operation of pretrial and |
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presentencing services; |
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(2) electronic monitoring services, surveillance |
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supervision programs, and controlled substances testing services; |
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(3) research projects to evaluate the effectiveness of |
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community corrections programs, if the research is conducted in |
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cooperation with the Criminal Justice Policy Council; |
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(4) contract services for felony defendants; |
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(5) residential services for misdemeanor defendants |
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who exhibit levels of risk or needs indicating a need for |
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confinement and treatment[, as described by Section 509.005(b)]; |
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(6) establishment or operation of county correctional |
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centers under Subchapter H, Chapter 351, Local Government Code, or |
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community corrections facilities for which the division has |
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established standards under Section 509.006; |
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(7) development and operation of treatment |
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alternative to incarceration programs under Section 76.017; [and] |
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(8) other purposes determined appropriate by the |
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division and approved by the board; and |
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(9) placement of defendants in pretrial intervention |
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programs to provide substance abuse treatment, aftercare, and |
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specialized pretrial supervision for defendants charged with an |
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offense punishable as a Class A misdemeanor under Section |
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481.115(b) or 481.116(b), Health and Safety Code. |
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SECTION 5. Section 481.115(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) An offense under Subsection (a) is a Class A misdemeanor |
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[state jail felony] if the amount of the controlled substance |
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possessed is, by aggregate weight, including adulterants or |
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dilutants, a usable quantity that is more than 0.02 grams but less |
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than one gram. |
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SECTION 6. Section 481.116(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) An offense under Subsection (a) is a Class A misdemeanor |
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[state jail felony] if the amount of the controlled substance |
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possessed is, by aggregate weight, including adulterants or |
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dilutants, a usable quantity that is more than 0.02 grams but less |
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than one gram. |
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SECTION 7. (a) Section 509.011(a), Government Code, as |
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amended by this Act, applies only to a payment to a community |
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supervision and corrections department based on a voucher submitted |
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to the comptroller on or after September 1, 2021. |
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(b) Except as provided by Subsection (c) of this section: |
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(1) the change in law made by this Act applies only to |
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an offense committed on or after the effective date of this Act; and |
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(2) an offense committed before the effective date of |
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this Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. |
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(c) In a criminal action pending on or commenced on or after |
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the effective date of this Act, for an offense under Section 481.115 |
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or 481.116, Health and Safety Code, committed before the effective |
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date, the defendant, if adjudged guilty, shall be assessed |
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punishment under Section 481.115 or 481.116, Health and Safety |
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Code, as applicable, as amended by this Act, if the defendant so |
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elects by written motion filed with the trial court before the |
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sentencing hearing begins. |
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(d) For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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(e) A defendant who elects by written motion to be assessed |
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punishment under Section 481.115 or 481.116, Health and Safety |
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Code, as applicable, as amended by this Act, is eligible for |
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treatment, supervision, and care in accordance with Sections |
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509.011(a) and (b), Government Code, as amended by this Act. A |
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community supervision and corrections department established under |
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Chapter 76, Government Code, is eligible to be paid for providing |
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the treatment, supervision, and care in accordance with Sections |
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509.011(a) and (b), Government Code, as amended by this Act. A |
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municipality, county, or community supervision and corrections |
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department established under Chapter 76, Government Code, may |
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provide treatment, supervision, and care to the defendant under a |
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grant made to the municipality, county, or department under Section |
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509.011(b), Government Code, as amended by this Act. |
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SECTION 8. This Act takes effect September 1, 2021. |