Bill Text: TX SB462 | 2013-2014 | 83rd Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to specialty court programs in this state.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB462 Detail]

Download: Texas-2013-SB462-Engrossed.html
 
 
  By: Huffman S.B. No. 462
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to specialty court programs in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  SPECIALTY COURT PROGRAMS
  SECTION 1.01.  Title 2, Government Code, is amended by
  adding Subtitle K to read as follows:
  SUBTITLE K.  SPECIALTY COURTS
  CHAPTER 121.  GENERAL PROVISIONS
         Sec. 121.001.  DEFINITION. In this subtitle, "specialty
  court" means a court established under this subtitle or former law.
         Sec. 121.002.  OVERSIGHT. (a)  The lieutenant governor and
  the speaker of the house of representatives may assign to
  appropriate legislative committees duties relating to the
  oversight of specialty court programs.
         (b)  For the purpose of determining the eligibility of a
  specialty court program to receive state or federal grant funds
  administered by a state agency, the governor or a legislative
  committee to which duties are assigned under Subsection (a) may
  request the state auditor to perform a management, operations, or
  financial or accounting audit of the program.
         (c)  Notwithstanding any other law, a specialty court
  program may not operate until the judge, magistrate, or
  coordinator:
               (1)  provides to the criminal justice division of the
  governor's office:
                     (A)  written notice of the program; and
                     (B)  any resolution or other official declaration
  under which the program was established; and
               (2)  receives from the division written verification of
  the program's compliance with Subdivision (1).
         (d)  A specialty court program shall:
               (1)  comply with all programmatic best practices
  recommended by the Specialty Courts Advisory Council under Section
  772.0061(b)(2) and approved by the Texas Judicial Council; and
               (2)  report to the criminal justice division any
  information required by the division regarding the performance of
  the program.
         (e)  A specialty court program that fails to comply with
  Subsections (c) and (d) is not eligible to receive any state or
  federal grant funds administered by any state agency.
         SECTION 1.02.  Subchapter J, Chapter 264, Family Code, is
  transferred to Subtitle K, Title 2, Government Code, as added by
  this Act, redesignated as Chapter 122, Government Code, and amended
  to read as follows:
  CHAPTER 122 [SUBCHAPTER J].  FAMILY DRUG COURT PROGRAM
         Sec. 122.001 [264.801].  FAMILY DRUG COURT PROGRAM DEFINED.
  In this chapter [subchapter], "family drug court program" means a
  program that has the following essential characteristics:
               (1)  the integration of substance abuse treatment
  services in the processing of civil cases in the child welfare
  system with the goal of family reunification;
               (2)  the use of a comprehensive case management
  approach involving Department of Family and Protective Services 
  [department] caseworkers, court-appointed case managers, and
  court-appointed special advocates to rehabilitate a parent who has
  had a child removed from the parent's care by the department because
  of suspected child abuse or neglect and who is suspected of
  substance abuse;
               (3)  early identification and prompt placement of
  eligible parents who volunteer to participate in the program;
               (4)  comprehensive substance abuse needs assessment
  and referral to an appropriate substance abuse treatment agency;
               (5)  a progressive treatment approach with specific
  requirements that a parent must meet to advance to the next phase of
  the program;
               (6)  monitoring of abstinence through periodic alcohol
  or other drug testing;
               (7)  ongoing judicial interaction with program
  participants;
               (8)  monitoring and evaluation of program goals and
  effectiveness;
               (9)  continuing interdisciplinary education to promote
  effective program planning, implementation, and operations; and
               (10)  development of partnerships with public agencies
  and community organizations.
         Sec. 122.002 [264.802].  AUTHORITY TO ESTABLISH PROGRAM.
  The commissioners court of a county may establish a family drug
  court program for persons who:
               (1)  have had a child removed from their care by the
  Department of Family and Protective Services [department]; and
               (2)  are suspected by the Department of Family and
  Protective Services [department] or a court of having a substance
  abuse problem.
         [Sec.   264.803.     OVERSIGHT. (a)     The lieutenant governor and
  the speaker of the house of representatives may assign to
  appropriate legislative committees duties relating to the
  oversight of family drug court programs established under this
  subchapter.
         [(b)     A legislative committee or the governor may request the
  state auditor to perform a management, operations, or financial or
  accounting audit of a family drug court program established under
  this subchapter.]
         Sec. 122.003 [264.804].  PARTICIPANT PAYMENT FOR TREATMENT
  AND SERVICES. A family drug court program may require a participant
  to pay the cost of all treatment and services received while
  participating in the program, based on the participant's ability to
  pay.
         Sec. 122.004 [264.805].  FUNDING. A county creating a
  family drug court under this chapter shall explore the possibility
  of using court improvement project funds to finance the family drug
  court in the county.  The county shall also explore the availability
  of federal and state matching funds to finance the court.
         SECTION 1.03.  Subsection (a), Section 76.011, Government
  Code, is amended to read as follows:
         (a)  The department may operate programs for:
               (1)  the supervision and rehabilitation of persons in
  pretrial intervention programs;
               (2)  the supervision of persons released on bail under:
                     (A)  Chapter 11, Code of Criminal Procedure;
                     (B)  Chapter 17, Code of Criminal Procedure;
                     (C)  Article 44.04, Code of Criminal Procedure; or
                     (D)  any other law;
               (3)  the supervision of a person subject to, or the
  verification of compliance with, a court order issued under:
                     (A)  Article 17.441, Code of Criminal Procedure,
  requiring a person to install a deep-lung breath analysis mechanism
  on each vehicle owned or operated by the person;
                     (B)  Chapter 123 of this code or former law [469,
  Health and Safety Code], issuing an occupational driver's license;
                     (C)  Section 49.09(h), Penal Code, requiring a
  person to install a deep-lung breath analysis mechanism on each
  vehicle owned or operated by the person; or
                     (D)  Subchapter L, Chapter 521, Transportation
  Code, granting a person an occupational driver's license; and
               (4)  the supervision of a person not otherwise
  described by Subdivision (1), (2), or (3), if a court orders the
  person to submit to the supervision of, or to receive services from,
  the department.
         SECTION 1.04.  Chapter 469, Health and Safety Code, is
  transferred to Subtitle K, Title 2, Government Code, as added by
  this Act, redesignated as Chapter 123, Government Code, and amended
  to read as follows:
  CHAPTER 123 [469].  DRUG COURT PROGRAMS
         Sec. 123.001 [469.001].  DRUG COURT PROGRAM DEFINED;
  PROCEDURES FOR CERTAIN DEFENDANTS. (a)  In this chapter, "drug
  court program" means a program that has the following essential
  characteristics:
               (1)  the integration of alcohol and other drug
  treatment services in the processing of cases in the judicial
  system;
               (2)  the use of a nonadversarial approach involving
  prosecutors and defense attorneys to promote public safety and to
  protect the due process rights of program participants;
               (3)  early identification and prompt placement of
  eligible participants in the program;
               (4)  access to a continuum of alcohol, drug, and other
  related treatment and rehabilitative services;
               (5)  monitoring of abstinence through weekly alcohol
  and other drug testing;
               (6)  a coordinated strategy to govern program responses
  to participants' compliance;
               (7)  ongoing judicial interaction with program
  participants;
               (8)  monitoring and evaluation of program goals and
  effectiveness;
               (9)  continuing interdisciplinary education to promote
  effective program planning, implementation, and operations; and
               (10)  development of partnerships with public agencies
  and community organizations.
         (b)  If a defendant successfully completes a drug court
  program, regardless of whether the defendant was convicted of the
  offense for which the defendant entered the program or whether the
  court deferred further proceedings without entering an
  adjudication of guilt, after notice to the state and a hearing on
  whether the defendant is otherwise entitled to the petition and
  whether issuance of the order is in the best interest of justice,
  the court shall enter an order of nondisclosure under Section
  411.081[, Government Code,] as if the defendant had received a
  discharge and dismissal under Section 5(c), Article 42.12, Code of
  Criminal Procedure, with respect to all records and files related
  to the defendant's arrest for the offense for which the defendant
  entered the program if the defendant:
               (1)  has not been previously convicted of an [a felony]
  offense listed in Section 3g, Article 42.12, Code of Criminal
  Procedure, or a sexually violent offense, as defined by Article
  62.001, Code of Criminal Procedure; and
               (2)  is not convicted for any [other] felony offense
  between the date on which the defendant successfully completed the
  program and [before] the second anniversary of that date [the
  defendant's successful completion of the program].
         (c)  Notwithstanding Subsection (b), a defendant is not
  entitled to petition the court for an order of nondisclosure
  following successful completion of a drug court program if the
  defendant's entry into the program arose as the result of a
  conviction for an offense involving the operation of a motor
  vehicle while intoxicated.
         Sec. 123.002 [469.002].  AUTHORITY TO ESTABLISH PROGRAM.
  The commissioners court of a county or governing body of a
  municipality may establish the following types of drug court
  programs:
               (1)  drug courts for persons arrested for, charged
  with, or convicted of:
                     (A)  an offense in which an element of the offense
  is the use or possession of alcohol or the use, possession, or sale
  of a controlled substance, a controlled substance analogue, or
  marihuana; or
                     (B)  an offense in which the use of alcohol or a
  controlled substance is suspected to have significantly
  contributed to the commission of the offense and the offense did not
  involve:
                           (i)  carrying, possessing, or using a
  firearm or other dangerous weapon;
                           (ii)  the use of force against the person of
  another; or
                           (iii)  the death of or serious bodily injury
  to another;
               (2)  drug courts for juveniles detained for, taken into
  custody for, or adjudicated as having engaged in:
                     (A)  delinquent conduct, including habitual
  felony conduct, or conduct indicating a need for supervision in
  which an element of the conduct is the use or possession of alcohol
  or the use, possession, or sale of a controlled substance, a
  controlled substance analogue, or marihuana; or
                     (B)  delinquent conduct, including habitual
  felony conduct, or conduct indicating a need for supervision in
  which the use of alcohol or a controlled substance is suspected to
  have significantly contributed to the commission of the conduct and
  the conduct did not involve:
                           (i)  carrying, possessing, or using a
  firearm or other dangerous weapon;
                           (ii)  the use of force against the person of
  another; or
                           (iii)  the death of or serious bodily injury
  to another;
               (3)  reentry drug courts for persons with a
  demonstrated history of using alcohol or a controlled substance who
  may benefit from a program designed to facilitate the person's
  transition and reintegration into the community on release from a
  state or local correctional facility;
               (4)  family dependency drug treatment courts for family
  members involved in a suit affecting the parent-child relationship
  in which a parent's use of alcohol or a controlled substance is a
  primary consideration in the outcome of the suit; or
               (5)  programs for other persons not precisely described
  by Subdivisions (1)-(4) who may benefit from a program that has the
  essential characteristics described by Section 123.001 [469.001].
         Sec. 123.003 [469.0025].  ESTABLISHMENT OF REGIONAL
  PROGRAM. (a)  The commissioners courts of two or more counties, or
  the governing bodies of two or more municipalities, may elect to
  establish a regional drug court program under this chapter for the
  participating counties or municipalities.
         (b)  For purposes of this chapter, each county or
  municipality that elects to establish a regional drug court program
  under this section is considered to have established the program
  and is entitled to retain fees under Article 102.0178, Code of
  Criminal Procedure, in the same manner as if the county or
  municipality had established a drug court program without
  participating in a regional program.
         [Sec.   469.003.     OVERSIGHT. (a)     The lieutenant governor and
  the speaker of the house of representatives may assign to
  appropriate legislative committees duties relating to the
  oversight of drug court programs established under this chapter.
         [(b)     A legislative committee or the governor may request the
  state auditor to perform a management, operations, or financial or
  accounting audit of a drug court program established under this
  chapter.
         [(c)     A drug court program established under this chapter
  shall:
               [(1)     notify the criminal justice division of the
  governor's office before or on implementation of the program; and
               [(2)     provide information regarding the performance of
  the program to the division on request.]
         Sec. 123.004 [469.004].  FEES. (a)  A drug court program
  established under this chapter may collect from a participant in
  the program:
               (1)  a reasonable program fee not to exceed $1,000; and
               (2)  an alcohol or controlled substance testing,
  counseling, and treatment fee in an amount necessary to cover the
  costs of the testing, counseling, and treatment.
         (b)  Fees collected under this section may be paid on a
  periodic basis or on a deferred payment schedule at the discretion
  of the judge, magistrate, or coordinator [program director
  administering the program].  The fees must be:
               (1)  based on the participant's ability to pay; and
               (2)  used only for purposes specific to the program.
         Sec. 123.005 [469.005].  DRUG COURT PROGRAMS EXCLUSIVELY
  FOR CERTAIN INTOXICATION OFFENSES. (a)  The commissioners court of
  a county may establish under this chapter a drug court program
  exclusively for persons arrested for, charged with, or convicted of
  an offense involving the operation of a motor vehicle while
  intoxicated.
         (b)  A county that establishes a drug court program under
  this chapter but does not establish a separate program under this
  section must employ procedures designed to ensure that a person
  arrested for, charged with, or convicted of a second or subsequent
  offense involving the operation of a motor vehicle while
  intoxicated participates in the county's existing drug court
  program.
         Sec. 123.006 [469.006].  PROGRAM IN CERTAIN COUNTIES
  MANDATORY. (a)  The commissioners court of a county with a
  population of more than 200,000 shall:
               (1)  establish a drug court program under [Subdivision
  (1) of] Section 123.002(1); and
               (2)  direct the judge, magistrate, or coordinator to
  comply with Section 121.002(c)(1) [469.002].
         (b)  A county required under this section to establish a drug
  court program shall apply for federal and state funds available to
  pay the costs of the program.  The criminal justice division of the
  governor's office may assist a county in applying for federal funds
  as required by this subsection.
         (c)  Notwithstanding Subsection (a), a county is required to
  establish a drug court program under this section only if:
               (1)  the county receives federal or state funding,
  including funding under Article 102.0178, Code of Criminal
  Procedure, specifically for that purpose; and
               (2)  the judge, magistrate, or coordinator receives the
  verification described by Section 121.002(c)(2).
         (d)  A county that does not establish a drug court program as
  required by this section and maintain the program is ineligible to
  receive from the state:
               (1)  funds for a community supervision and corrections
  department; and
               (2)  grants for substance abuse treatment programs
  administered by the criminal justice division of the governor's
  office.
         Sec. 123.007 [469.007].  USE OF OTHER DRUG AND ALCOHOL
  AWARENESS PROGRAMS. In addition to using a drug court program
  established under this chapter, the commissioners court of a county
  or a court may use other drug awareness or drug and alcohol driving
  awareness programs to treat persons convicted of drug or alcohol
  related offenses.
         Sec. 123.008 [469.008].  SUSPENSION OR DISMISSAL OF
  COMMUNITY SERVICE REQUIREMENT. (a)  Notwithstanding Sections 13
  and 16, Article 42.12, Code of Criminal Procedure, to encourage
  participation in a drug court program established under this
  chapter, the judge or magistrate administering the program may
  suspend any requirement that, as a condition of community
  supervision, a participant in the program work a specified number
  of hours at a community service project or projects.
         (b)  On a participant's successful completion of a drug court
  program, a judge or magistrate may excuse the participant from any
  condition of community supervision previously suspended under
  Subsection (a).
         Sec. 123.009 [469.009].  OCCUPATIONAL DRIVER'S LICENSE.
  Notwithstanding Section 521.242, Transportation Code, if a
  participant's driver's license has been suspended as a result of an
  alcohol-related or drug-related enforcement contact, as defined by
  Section 524.001, Transportation Code, or as a result of a
  conviction under Section 49.04, 49.07, or 49.08, Penal Code, the
  judge or magistrate administering a drug court program under this
  chapter may order that an occupational license be issued to the
  participant.  An order issued under this section is subject to
  Sections 521.248-521.252, Transportation Code, except that any
  reference to a petition under Section 521.242 of that code does not
  apply.
         SECTION 1.05.  Chapter 617, Health and Safety Code, is
  transferred to Subtitle K, Title 2, Government Code, as added by
  this Act, redesignated as Chapter 124, Government Code, and amended
  to read as follows:
  CHAPTER 124 [617].  VETERANS COURT PROGRAM
         Sec. 124.001 [617.001].  VETERANS COURT PROGRAM DEFINED;
  PROCEDURES FOR CERTAIN DEFENDANTS. (a)  In this chapter, "veterans
  court program" means a program that has the following essential
  characteristics:
               (1)  the integration of services in the processing of
  cases in the judicial system;
               (2)  the use of a nonadversarial approach involving
  prosecutors and defense attorneys to promote public safety and to
  protect the due process rights of program participants;
               (3)  early identification and prompt placement of
  eligible participants in the program;
               (4)  access to a continuum of alcohol, controlled
  substance, mental health, and other related treatment and
  rehabilitative services;
               (5)  careful monitoring of treatment and services
  provided to program participants;
               (6)  a coordinated strategy to govern program responses
  to participants' compliance;
               (7)  ongoing judicial interaction with program
  participants;
               (8)  monitoring and evaluation of program goals and
  effectiveness;
               (9)  continuing interdisciplinary education to promote
  effective program planning, implementation, and operations; and
               (10)  development of partnerships with public agencies
  and community organizations, including the United States
  Department of Veterans Affairs.
         (b)  If a defendant successfully completes a veterans court
  program[,] as authorized under Section 76.011, [Government Code,]
  after notice to the attorney representing the state and a hearing in
  the veterans court at which that court determines that a dismissal
  is in the best interest of justice, the court in which the criminal
  case is pending shall dismiss the criminal action against the
  defendant.
         Sec. 124.002 [617.002].  AUTHORITY TO ESTABLISH PROGRAM;
  ELIGIBILITY. (a)  The commissioners court of a county may
  establish a veterans court program for persons arrested for or
  charged with any misdemeanor or felony offense.  A defendant is
  eligible to participate in a veterans court program established
  under this chapter only if the attorney representing the state
  consents to the defendant's participation in the program and if the
  court in which the criminal case is pending finds that the
  defendant:
               (1)  is a veteran or current member of the United States
  armed forces, including a member of the reserves, national guard,
  or state guard; and
               (2)  suffers from a brain injury, mental illness, or
  mental disorder, including post-traumatic stress disorder, that:
                     (A)  resulted from the defendant's military
  service in a combat zone or other similar hazardous duty area; and
                     (B)  materially affected the defendant's criminal
  conduct at issue in the case.
         (b)  The court in which the criminal case is pending shall
  allow an eligible defendant to choose whether to proceed through
  the veterans court program or otherwise through the criminal
  justice system.
         (c)  Proof of matters described by Subsection (a) may be
  submitted to the court in which the criminal case is pending in any
  form the court determines to be appropriate, including military
  service and medical records, previous determinations of a
  disability by a veteran's organization or by the United States
  Department of Veterans Affairs, testimony or affidavits of other
  veterans or service members, and prior determinations of
  eligibility for benefits by any state or county veterans office.  
  The court's findings must accompany any docketed case.
         Sec. 124.003 [617.003].  DUTIES OF VETERANS COURT. (a)  A
  veterans court program established under this chapter must:
               (1)  ensure a person eligible for the program is
  provided legal counsel before volunteering to proceed through the
  program and while participating in the program;
               (2)  allow a participant to withdraw from the program
  at any time before a trial on the merits has been initiated;
               (3)  provide a participant with a court-ordered
  individualized treatment plan indicating the services that will be
  provided to the participant; and
               (4)  ensure that the jurisdiction of the veterans court
  continues for a period of not less than six months but does not
  continue beyond the period of community supervision for the offense
  charged.
         (b)  A veterans court program established under this chapter
  shall make, establish, and publish local procedures to ensure
  maximum participation of eligible defendants in the county or
  counties in which those defendants reside.
         (c)  This chapter does not prevent the initiation of
  procedures under Chapter 46B, Code of Criminal Procedure.
         Sec. 124.004 [617.004].  ESTABLISHMENT OF REGIONAL PROGRAM.
  (a)  The commissioners courts of two or more counties may elect to
  establish a regional veterans court program under this chapter for
  the participating counties.
         (b)  For purposes of this chapter, each county that elects to
  establish a regional veterans court program under this section is
  considered to have established the program and is entitled to
  retain fees under Article 102.0178, Code of Criminal Procedure, in
  the same manner as if the county had established a veterans court
  program without participating in a regional program.
         [Sec.   617.005.     OVERSIGHT. (a)     The lieutenant governor and
  the speaker of the house of representatives may assign to
  appropriate legislative committees duties relating to the
  oversight of veterans court programs established under this
  chapter.
         [(b)     A legislative committee or the governor may request the
  state auditor to perform a management, operations, or financial or
  accounting audit of a veterans court program established under this
  chapter.
         [(c)     A veterans court program established under this
  chapter shall:
               [(1)     notify the criminal justice division of the
  governor's office before or on implementation of the program; and
               [(2)     provide information regarding the performance of
  the program to that division on request.]
         Sec. 124.005 [617.006].  FEES. (a)  A veterans court
  program established under this chapter may collect from a
  participant in the program:
               (1)  a reasonable program fee not to exceed $1,000; and
               (2)  a testing, counseling, and treatment fee in an
  amount necessary to cover the costs of any testing, counseling, or
  treatment performed or provided under the program.
         (b)  Fees collected under this section may be paid on a
  periodic basis or on a deferred payment schedule at the discretion
  of the judge, magistrate, or coordinator [program director
  administering the program].  The fees must be:
               (1)  based on the participant's ability to pay; and
               (2)  used only for purposes specific to the program.
         SECTION 1.06.  Chapter 616, Health and Safety Code, is
  transferred to Subtitle K, Title 2, Government Code, as added by
  this Act, redesignated as Chapter 125, Government Code, and amended
  to read as follows:
  CHAPTER 125 [616].  MENTAL HEALTH COURT PROGRAMS
         Sec. 125.001 [616.001].  MENTAL HEALTH COURT PROGRAM
  DEFINED. In this chapter, "mental health court program" means a
  program that has the following essential characteristics:
               (1)  the integration of mental illness treatment
  services and mental retardation services in the processing of cases
  in the judicial system;
               (2)  the use of a nonadversarial approach involving
  prosecutors and defense attorneys to promote public safety and to
  protect the due process rights of program participants;
               (3)  early identification and prompt placement of
  eligible participants in the program;
               (4)  access to mental illness treatment services and
  mental retardation services;
               (5)  ongoing judicial interaction with program
  participants;
               (6)  diversion of potentially mentally ill or mentally
  retarded defendants to needed services as an alternative to
  subjecting those defendants to the criminal justice system;
               (7)  monitoring and evaluation of program goals and
  effectiveness;
               (8)  continuing interdisciplinary education to promote
  effective program planning, implementation, and operations; and
               (9)  development of partnerships with public agencies
  and community organizations, including local mental retardation
  authorities.
         Sec. 125.002 [616.002].  AUTHORITY TO ESTABLISH PROGRAM.
  The commissioners court of a county may establish a mental health
  court program for persons who:
               (1)  have been arrested for or charged with a
  misdemeanor or felony; and
               (2)  are suspected by a law enforcement agency or a
  court of having a mental illness or mental retardation.
         Sec. 125.003 [616.003].  PROGRAM. (a)  A mental health
  court program established under Section 125.002 [616.002]:
               (1)  may handle all issues arising under Articles 16.22
  and 17.032, Code of Criminal Procedure, and Chapter 46B, Code of
  Criminal Procedure; and
               (2)  must:
                     (A)  ensure a person eligible for the program is
  provided legal counsel before volunteering to proceed through the
  mental health court program and while participating in the program;
                     (B)  allow a person, if eligible for the program,
  to choose whether to proceed through the mental health court
  program or proceed through the regular criminal justice system;
                     (C)  allow a participant to withdraw from the
  mental health court program at any time before a trial on the merits
  has been initiated;
                     (D)  provide a participant with a court-ordered
  individualized treatment plan indicating the services that will be
  provided to the participant; and
                     (E)  ensure that the jurisdiction of the mental
  health court extends at least six months but does not extend beyond
  the probationary period for the offense charged if the probationary
  period is longer than six months.
         (b)  The issues shall be handled by a magistrate, as
  designated by Article 2.09, Code of Criminal Procedure, who is part
  of a mental health court program established under Section 125.002 
  [616.002].
         [Sec.   616.004.     OVERSIGHT. (a)     The lieutenant governor and
  the speaker of the house of representatives may assign to
  appropriate legislative committees duties relating to the
  oversight of mental health court programs established under Section
  616.002.
         [(b)     A legislative committee or the governor may request the
  state auditor to perform a management, operations, or financial or
  accounting audit of a mental health court program established under
  Section 616.002.]
         Sec. 125.004 [616.005].  PARTICIPANT PAYMENT FOR TREATMENT
  AND SERVICES. A mental health court program may require a
  participant to pay the cost of all treatment and services received
  while participating in the program, based on the participant's
  ability to pay.
         SECTION 1.07.  Subdivision (2), Subsection (a), Section
  772.0061, Government Code, is amended to read as follows:
               (2)  "Specialty court" means:
                     (A)  a family drug court program established under
  Chapter 122 or former law;
                     (B)  a drug court program established under
  Chapter 123 or former law [469, Health and Safety Code];
                     (C)  a veterans court program established under
  Chapter 124 or former law; and
                     (D) [(B)]  a mental health court program
  established under Chapter 125 or former law [616, Health and Safety
  Code; and
                     [(C)     a veterans court program established under
  Chapter 617, Health and Safety Code].
         SECTION 1.08.  Section 772.0061, Government Code, is amended
  by amending Subsections (b), (c), (d), and (e) and adding
  Subsection (j) to read as follows:
         (b)  The governor shall establish the Specialty Courts
  Advisory Council within the criminal justice division established
  under Section 772.006 to:
               (1)  evaluate applications for grant funding for
  specialty courts in this state and to make funding recommendations
  to the criminal justice division; and
               (2)  make recommendations to the criminal justice
  division regarding best practices for specialty courts established
  under Chapter 122, 123, 124, or 125 or former law.
         (c)  The council is composed of nine [seven] members
  appointed by the governor as follows:
               (1)  one member with experience as the judge of a
  specialty court described by Subsection (a)(2)(A);
               (2)  one member with experience as the judge of a
  specialty court described by Subsection (a)(2)(B);
               (3)  one member with experience as the judge of a
  specialty court described by Subsection (a)(2)(C);
               (4)  one member with experience as the judge of a
  specialty court described by Subsection (a)(2)(D) [three members
  with experience as judges of a specialty court]; and
               (5)  five [(2) four] members who represent the public.
         (d)  The members appointed under Subsection (c)(5) [(c)(2)]
  must:
               (1)  reside in various geographic regions of the state;
  and
               (2)  have experience practicing law in a specialty
  court or possess knowledge and expertise in a field relating to
  behavioral or mental health issues or to substance abuse treatment.
         (e)  Members are appointed for staggered six-year terms,
  with the[.  The] terms of [either two or] three members expiring[,
  as applicable, expire] February 1 of each odd-numbered year.
         (j)  A member of the council may not receive compensation for
  service on the council.  The member may receive reimbursement from
  the criminal justice division for actual and necessary expenses
  incurred in performing council functions as provided by Section
  2110.004.
  ARTICLE 2.  CONFORMING AMENDMENTS
         SECTION 2.01.  Subsection (b), Section 18, Article 42.12,
  Code of Criminal Procedure, is amended to read as follows:
         (b)  If a judge requires as a condition of community
  supervision or participation in a drug court program established
  under Chapter 123, Government [469, Health and Safety] Code, or
  former law that the defendant serve a term in a community
  corrections facility, the term may not be more than 24 months.
         SECTION 2.02.  Subsection (f), Article 59.062, Code of
  Criminal Procedure, is amended to read as follows:
         (f)  A civil penalty collected under this article shall be
  deposited to the credit of the drug court account in the general
  revenue fund to help fund drug court programs established under
  Chapter 122, 123, 124, or 125, Government [469, Health and Safety]
  Code, or former law.
         SECTION 2.03.  Subsection (g), Section 102.0178, Code of
  Criminal Procedure, is amended to read as follows:
         (g)  The comptroller shall deposit the funds received under
  this article to the credit of the drug court account in the general
  revenue fund to help fund drug court programs established under
  Chapter 122, 123, 124, or 125, Government [469, Health and Safety]
  Code, or former law.  The legislature shall appropriate money from
  the account solely to the criminal justice division of the
  governor's office for distribution to drug court programs that
  apply for the money.
         SECTION 2.04.  Subsection (c-1), Section 58.003, Family
  Code, is amended to read as follows:
         (c-1)  Notwithstanding Subsections (a) and (c) and subject
  to Subsection (b), a juvenile court may order the sealing of records
  concerning a child adjudicated as having engaged in delinquent
  conduct or conduct indicating a need for supervision that violated
  a penal law of the grade of misdemeanor or felony if the child
  successfully completed a drug court program under Chapter 123,
  Government [469, Health and Safety] Code, or former law.  The court
  may:
               (1)  order the sealing of the records immediately and
  without a hearing; or
               (2)  hold a hearing to determine whether to seal the
  records.
         SECTION 2.05.  Section 54.1801, Government Code, is amended
  to read as follows:
         Sec. 54.1801.  DEFINITION. In this subchapter, "drug court"
  or "drug court program" has the meaning assigned by Section 123.001 
  [469.001, Health and Safety Code].
         SECTION 2.06.  Subchapter C, Chapter 71, Government Code, is
  amended by adding Section 71.037 to read as follows:
         Sec. 71.037.  SPECIALTY COURT BEST PRACTICES. The council
  shall review and as appropriate approve recommendations made by the
  Special Courts Advisory Council under Section 772.0061(b)(2).
         SECTION 2.07.  Subsection (d), Section 76.017, Government
  Code, is amended to read as follows:
         (d)  After a person is screened and evaluated, a
  representative of the department shall meet with the participating
  criminal justice and treatment agencies to review the person's case
  and to determine if the person should be referred for treatment.  If
  a person is considered appropriate for referral, the person may be
  referred to community-based treatment in accordance with
  applicable law or any other treatment program deemed appropriate.  
  A magistrate may order a person to participate in a treatment
  program recommended under this section, including treatment in a
  drug court program established under Chapter 123 or former law 
  [469, Health and Safety Code], as a condition of bond or condition
  of pretrial release.
         SECTION 2.08.  Section 102.021, Government Code, is amended
  to read as follows:
         Sec. 102.021.  COURT COSTS ON CONVICTION:  CODE OF CRIMINAL
  PROCEDURE.  A person convicted of an offense shall pay the following
  under the Code of Criminal Procedure, in addition to all other
  costs:
               (1)  court cost on conviction of any offense, other
  than a conviction of an offense relating to a pedestrian or the
  parking of a motor vehicle (Art. 102.0045, Code of Criminal
  Procedure) . . . $4;
               (2)  a fee for services of prosecutor (Art. 102.008,
  Code of Criminal Procedure) . . . $25;
               (3)  fees for services of peace officer:
                     (A)  issuing a written notice to appear in court
  for certain violations (Art. 102.011, Code of Criminal Procedure)
  . . . $5;
                     (B)  executing or processing an issued arrest
  warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
  Procedure) . . . $50;
                     (C)  summoning a witness (Art. 102.011, Code of
  Criminal Procedure) . . . $5;
                     (D)  serving a writ not otherwise listed (Art.
  102.011, Code of Criminal Procedure) . . . $35;
                     (E)  taking and approving a bond and, if
  necessary, returning the bond to courthouse (Art. 102.011, Code of
  Criminal Procedure) . . . $10;
                     (F)  commitment or release (Art. 102.011, Code of
  Criminal Procedure) . . . $5;
                     (G)  summoning a jury (Art. 102.011, Code of
  Criminal Procedure) . . . $5;
                     (H)  attendance of a prisoner in habeas corpus
  case if prisoner has been remanded to custody or held to bail (Art.
  102.011, Code of Criminal Procedure) . . . $8 each day;
                     (I)  mileage for certain services performed (Art.
  102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
                     (J)  services of a sheriff or constable who serves
  process and attends examining trial in certain cases (Art. 102.011,
  Code of Criminal Procedure) . . . not to exceed $5;
               (4)  services of a peace officer in conveying a witness
  outside the county (Art. 102.011, Code of Criminal Procedure) . . .
  $10 per day or part of a day, plus actual necessary travel expenses;
               (5)  overtime of peace officer for time spent
  testifying in the trial or traveling to or from testifying in the
  trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
               (6)  court costs on an offense relating to rules of the
  road, when offense occurs within a school crossing zone (Art.
  102.014, Code of Criminal Procedure) . . . $25;
               (7)  court costs on an offense of passing a school bus
  (Art. 102.014, Code of Criminal Procedure) . . . $25;
               (8)  court costs on an offense of truancy or
  contributing to truancy (Art. 102.014, Code of Criminal Procedure)
  . . . $20;
               (9)  cost for visual recording of intoxication arrest
  before conviction (Art. 102.018, Code of Criminal Procedure) . . .
  $15;
               (10)  cost of certain evaluations (Art. 102.018, Code
  of Criminal Procedure) . . . actual cost;
               (11)  additional costs attendant to certain
  intoxication convictions under Chapter 49, Penal Code, for
  emergency medical services, trauma facilities, and trauma care
  systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
               (12)  additional costs attendant to certain child
  sexual assault and related convictions, for child abuse prevention
  programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
               (13)  court cost for DNA testing for certain felonies
  (Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
               (14)  court cost for DNA testing for the offense of
  public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
  Criminal Procedure) . . . $50;
               (15)  court cost for DNA testing for certain felonies
  (Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
               (16)  if required by the court, a restitution fee for
  costs incurred in collecting restitution installments and for the
  compensation to victims of crime fund (Art. 42.037, Code of
  Criminal Procedure) . . . $12;
               (17)  if directed by the justice of the peace or
  municipal court judge hearing the case, court costs on conviction
  in a criminal action (Art. 45.041, Code of Criminal Procedure)
  . . . part or all of the costs as directed by the judge; and
               (18)  costs attendant to convictions under Chapter 49,
  Penal Code, and under Chapter 481, Health and Safety Code, to help
  fund drug court programs established under Chapter 122, 123, 124,
  or 125, Government [469, Health and Safety] Code, or former law 
  (Art. 102.0178, Code of Criminal Procedure) . . . $60.
         SECTION 2.09.  (a)  Subchapter B, Chapter 103, Government
  Code, is amended by adding Section 103.0271 to read as follows:
         Sec. 103.0271.  ADDITIONAL MISCELLANEOUS FEES AND COSTS:  
  GOVERNMENT CODE.  Fees and costs shall be paid or collected under
  the Government Code as follows:
               (1)  a program fee for a drug court program (Sec.
  123.004, Government Code) . . . not to exceed $1,000;
               (2)  an alcohol or controlled substance testing,
  counseling, and treatment fee (Sec. 123.004, Government Code) . . .
  the amount necessary to cover the costs of testing, counseling, and
  treatment;
               (3)  a reasonable program fee for a veterans court
  program (Sec. 124.005, Government Code) . . . not to exceed $1,000;
  and
               (4)  a testing, counseling, and treatment fee for
  testing, counseling, or treatment performed or provided under a
  veterans court program (Sec. 124.005, Government Code) . . . the
  amount necessary to cover the costs of testing, counseling, or
  treatment.
         (b)  Subchapter B, Chapter 103, Government Code, is amended
  by adding Section 103.0292 to read as follows:
         Sec. 103.0292.  ADDITIONAL MISCELLANEOUS FEES AND COSTS:  
  HEALTH AND SAFETY CODE. A nonrefundable program fee for a first
  offender prostitution prevention program established under Section
  169.002, Health and Safety Code, shall be collected under Section
  169.005, Health and Safety Code, in a reasonable amount not to
  exceed $1,000, which includes:
               (1)  a counseling and services fee in an amount
  necessary to cover the costs of counseling and services provided by
  the program;
               (2)  a victim services fee in an amount equal to 10
  percent of the total fee; and
               (3)  a law enforcement training fee in an amount equal
  to five percent of the total fee.
         (c)  Sections 103.029 and 103.0291, Government Code, are
  repealed.
         SECTION 2.10.  Subsection (a), Section 493.009, Government
  Code, is amended to read as follows:
         (a)  The department shall establish a program to confine and
  treat:
               (1)  defendants required to participate in the program
  under Section 14, Article 42.12, Code of Criminal Procedure; and
               (2)  individuals referred for treatment as part of a
  drug court program established under Chapter 123 [469, Health and
  Safety Code,] or a similar program created under other law.
         SECTION 2.11.  Subdivision (1), Section 509.001, Government
  Code, is amended to read as follows:
               (1)  "Community corrections facility" means a physical
  structure, established by the judges described by Section 76.002
  after authorization of the establishment of the structure has been
  included in the local community justice plan, that is operated by a
  department or operated for a department by an entity under contract
  with the department, for the purpose of treating persons who have
  been placed on community supervision or who are participating in a
  drug court program established under Chapter 123 or former law 
  [469, Health and Safety Code,] and providing services and programs
  to modify criminal behavior, deter criminal activity, protect the
  public, and restore victims of crime.  The term includes:
                     (A)  a restitution center;
                     (B)  a court residential treatment facility;
                     (C)  a substance abuse treatment facility;
                     (D)  a custody facility or boot camp;
                     (E)  a facility for an offender with a mental
  impairment, as defined by Section 614.001, Health and Safety Code;
  and
                     (F)  an intermediate sanction facility.
  ARTICLE 3.  TRANSITION
         SECTION 3.01.  (a)  Except as provided by Subsection (b) of
  this section, the change in law made by this Act applies to a
  specialty court as defined by Section 121.001, Government Code, as
  added by this Act, regardless of whether that court was created
  under Subtitle K, Title 2, Government Code, as added by this Act, or
  former law.
         (b)  Subsection (b), Section 123.001, Government Code, as
  redesignated and amended by this Act, applies only to an offense
  committed on or after the effective date of this Act. An offense
  committed before the effective date of this Act is governed by the
  law in effect when the offense was committed, and the former law is
  continued in effect for that purpose. For purposes of this
  subsection, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         (c)  Promptly after this Act takes effect, the governor shall
  appoint two additional members to the Specialty Courts Advisory
  Council under Section 772.0061, Government Code, as amended by this
  Act, as follows:
               (1)  one member who has experience as a judge of a
  specialty court, to serve a term expiring February 1, 2017; and
               (2)  one member who represents the public, to serve a
  term expiring February 1, 2019.
         (d)  The change in law made by this Act in the qualifications
  applying to a member of the Specialty Courts Advisory Council does
  not affect the entitlement of a member serving on the council
  immediately before September 1, 2013, to continue to serve and
  function as a member of the council for the remainder of the
  member's term. The change in law in the qualifications applies only
  to a member appointed on or after September 1, 2013. However, as
  the terms of the members serving immediately before September 1,
  2013, expire or become vacant, the governor shall make additional
  appointments to the council as necessary to comply with Section
  772.0061, Government Code, as amended by this Act.
         (e)  To the extent of any conflict, this Act prevails over
  another Act of the 83rd Legislature, Regular Session, 2013,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
  ARTICLE 4.  EFFECTIVE DATE
         SECTION 4.01.  This Act takes effect September 1, 2013.
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