By:  Hightower                                        H.B. No. 1234
       73R1619 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to punishment applicable to criminal offenses, the manner
    1-3  in which punishment is executed, the efficient operation of a
    1-4  system of community corrections, and the creation of the Texas
    1-5  Commission on Juvenile Issues; providing an appropriation.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7                               ARTICLE 1
    1-8        SECTION 1.01.  Chapter 12, Penal Code, is amended to read as
    1-9  follows:
   1-10                       CHAPTER 12.  PUNISHMENTS
   1-11                   SUBCHAPTER A.  GENERAL PROVISIONS
   1-12        Sec. 12.01.  PUNISHMENT IN ACCORDANCE WITH CODE.  (a)  A
   1-13  person adjudged guilty of an offense under this code shall be
   1-14  punished in accordance with this chapter and the Code of Criminal
   1-15  Procedure<, 1965>.
   1-16        (b)  Penal laws enacted after the effective date of this code
   1-17  shall be classified for punishment purposes in accordance with this
   1-18  chapter.
   1-19        (c)  This chapter does not deprive a court of authority
   1-20  conferred by law to forfeit property, dissolve a corporation,
   1-21  suspend or cancel a license or permit, remove a person from office,
   1-22  cite for contempt, or impose any other civil penalty.  The civil
   1-23  penalty may be included in the sentence.
   1-24        Sec. 12.02.  CLASSIFICATION OF OFFENSES.  Offenses are
    2-1  designated as felonies or misdemeanors.
    2-2        Sec. 12.03.  CLASSIFICATION OF MISDEMEANORS.  (a)
    2-3  Misdemeanors are classified according to the relative seriousness
    2-4  of the offense into three categories:
    2-5              (1)  Class A misdemeanors;
    2-6              (2)  Class B misdemeanors;
    2-7              (3)  Class C misdemeanors.
    2-8        (b)  An offense designated a misdemeanor in this code without
    2-9  specification as to punishment or category is a Class C
   2-10  misdemeanor.
   2-11        (c)  Conviction of a Class C misdemeanor does not impose any
   2-12  legal disability or disadvantage.
   2-13        Sec. 12.04.  CLASSIFICATION OF FELONIES.  (a)  Felonies are
   2-14  classified according to the relative seriousness of the offense
   2-15  into six <four> categories:
   2-16              (1)  capital murder <felonies>;
   2-17              (2)  murder;
   2-18              (3)  felonies of the first degree;
   2-19              (4) <(3)>  felonies of the second degree;
   2-20              (5) <(4)>  felonies of the third degree; and
   2-21              (6)  felonies of the fourth degree.
   2-22        (b)  An offense designated a felony in this code without
   2-23  specification as to category is a felony of the fourth <third>
   2-24  degree.
   2-25             (Sections 12.05-12.20 reserved for expansion)
   2-26            SUBCHAPTER B.  ORDINARY MISDEMEANOR PUNISHMENTS
   2-27        Sec. 12.21.  CLASS A MISDEMEANOR.  An individual adjudged
    3-1  guilty of a Class A misdemeanor shall be punished by:
    3-2              (1)  a fine not to exceed $4,000 <$3,000>;
    3-3              (2)  confinement in jail for a term not to exceed one
    3-4  year; or
    3-5              (3)  both such fine and confinement <imprisonment>.
    3-6        Sec. 12.22.  CLASS B MISDEMEANOR.  An individual adjudged
    3-7  guilty of a Class B misdemeanor shall be punished by:
    3-8              (1)  a fine not to exceed $2,000 <$1,500>;
    3-9              (2)  confinement in jail for a term not to exceed 180
   3-10  days; or
   3-11              (3)  both such fine and confinement <imprisonment>.
   3-12        Sec. 12.23.  CLASS C MISDEMEANOR.  An individual adjudged
   3-13  guilty of a Class C misdemeanor shall be punished by a fine not to
   3-14  exceed $500.
   3-15             (Sections 12.24-12.30 reserved for expansion)
   3-16              SUBCHAPTER C.  ORDINARY FELONY PUNISHMENTS
   3-17        Sec. 12.31.  CAPITAL MURDER AND MURDER <FELONY>.  (a)  An
   3-18  individual adjudged guilty of <a> capital murder <felony> in a case
   3-19  in which the state seeks the death penalty shall be punished by
   3-20  imprisonment <confinement> in the institutional division <of the
   3-21  Texas Department of Criminal Justice> for life or by death.  An
   3-22  individual adjudged guilty of <a> capital murder <felony> in a case
   3-23  in which the state does not seek the death penalty shall be
   3-24  punished by imprisonment <confinement> in the institutional
   3-25  division for life.
   3-26        (b)  An individual adjudged guilty of murder shall be
   3-27  punished by imprisonment in the institutional division for any term
    4-1  of not more than 35 years or less than 2 years.
    4-2        (c)  In a capital murder <felony> trial in which the state
    4-3  seeks the death penalty, prospective jurors shall be informed that
    4-4  a sentence of life imprisonment, life imprisonment without parole,
    4-5  or death is mandatory on conviction of a capital murder <felony>.
    4-6  In a capital murder <felony> trial in which the state does not seek
    4-7  the death penalty, prospective jurors shall be informed that the
    4-8  state is not seeking the death penalty and that a sentence of life
    4-9  imprisonment or life imprisonment without parole is mandatory on
   4-10  conviction of the capital murder <felony>.
   4-11        Sec. 12.32.  FIRST DEGREE <FIRST-DEGREE> FELONY PUNISHMENT.
   4-12  (a)  An individual adjudged guilty of a felony of the first degree
   4-13  shall be punished by imprisonment <confinement> in the
   4-14  institutional division <Texas Department of Corrections for life
   4-15  or> for any term of not more than 20 <99> years or less than 2 <5>
   4-16  years.
   4-17        (b)  In addition to imprisonment, an individual adjudged
   4-18  guilty of a felony of the first degree may be punished by a fine
   4-19  not to exceed $10,000.
   4-20        Sec. 12.33.  SECOND DEGREE <SECOND-DEGREE> FELONY PUNISHMENT.
   4-21  (a)  An individual adjudged guilty of a felony of the second degree
   4-22  shall be punished by imprisonment <confinement> in the
   4-23  institutional division <Texas Department of Corrections> for any
   4-24  term of not more than 8 <20> years or less than 1 year <2 years>.
   4-25        (b)  In addition to imprisonment, an individual adjudged
   4-26  guilty of a felony of the second degree may be punished by a fine
   4-27  not to exceed $10,000.
    5-1        Sec. 12.34.  THIRD DEGREE <THIRD-DEGREE> FELONY PUNISHMENT.
    5-2  (a)  An individual adjudged guilty of a felony of the third degree
    5-3  shall be punished by imprisonment<:>
    5-4              <(1)  confinement> in the institutional division <of
    5-5  the Texas Department of Criminal Justice> for any term of not more
    5-6  than 4 <10> years or less than <2 years; or>
    5-7              <(2)  confinement in a community correctional facility
    5-8  for any term of not more than> 1 year.
    5-9        (b)  In addition to imprisonment, an individual adjudged
   5-10  guilty of a felony of the third degree may be punished by a fine
   5-11  not to exceed $10,000.
   5-12        Sec. 12.35.  FOURTH DEGREE FELONY PUNISHMENT.  (a)  An
   5-13  individual adjudged guilty of a felony of the fourth degree shall
   5-14  be punished by community supervision for any term of not more than
   5-15  4 years or less than 1 year.
   5-16        (b)  In addition to community supervision, an individual
   5-17  adjudged guilty of a felony of the fourth degree may be punished by
   5-18  a fine not to exceed $10,000.
   5-19         (Sections 12.36 <12.35>-12.40 reserved for expansion)
   5-20                 SUBCHAPTER D.  EXCEPTIONAL SENTENCES
   5-21        Sec. 12.41.  CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE.
   5-22  For purposes of this subchapter, any conviction not obtained from a
   5-23  prosecution under this code shall be classified as follows:
   5-24              (1)  "felony of the third degree" if imprisonment
   5-25  <confinement> in a penitentiary is affixed to the offense as a
   5-26  possible punishment;
   5-27              (2)  "Class B misdemeanor" if the offense is not a
    6-1  felony and confinement in a jail is affixed to the offense as a
    6-2  possible punishment;
    6-3              (3)  "Class C misdemeanor" if the offense is punishable
    6-4  by fine only.
    6-5        Sec. 12.42.  PENALTIES FOR REPEAT AND HABITUAL FELONY
    6-6  OFFENDERS.  (a)  If it is <be> shown on the trial of a fourth
    6-7  degree <third-degree> felony that the defendant has previously been
    6-8  <once before> convicted of any three or more felonies <felony>, on
    6-9  conviction he shall be punished by imprisonment in the
   6-10  institutional division for any term of not more than 4 years or
   6-11  less than 1 year <for a second-degree felony>.
   6-12        (b)  If it is <be> shown on the trial of a third degree
   6-13  <second-degree> felony that the defendant has previously been <once
   6-14  before> convicted of any three felonies <felony>, on conviction he
   6-15  shall be punished by imprisonment in the institutional division for
   6-16  any term of not more than 6 years or less than 2 years <for a
   6-17  first-degree felony>.
   6-18        (c)  If it is <be> shown on the trial of a second degree
   6-19  <first-degree> felony that the defendant has been once before
   6-20  convicted of any felony, on conviction he shall be punished by
   6-21  imprisonment <confinement> in the institutional division <Texas
   6-22  Department of Corrections for life, or> for any term of not more
   6-23  than 8 <99> years or less than 2 <15> years.  If it is shown on the
   6-24  trial of a second degree felony that the defendant has previously
   6-25  been convicted of any two felonies, he shall be punished by
   6-26  imprisonment in the institutional division for any term of not more
   6-27  than 8 years or less than 3 years.  If it is shown on the trial of
    7-1  a second degree felony that the defendant has previously been
    7-2  convicted of any three felonies, he shall be punished by
    7-3  imprisonment in the institutional division for any term of not more
    7-4  than 10 years or less than 4 years.  <In addition to imprisonment,
    7-5  an individual may be punished by a fine not to exceed $10,000.>
    7-6        (d)  If it is <be> shown on the trial of a first degree
    7-7  felony that the defendant has been once before convicted of any
    7-8  felony other than capital murder, murder, or a person offense first
    7-9  degree felony, he shall be punished by imprisonment in the
   7-10  institutional division for any term of not more than 20 years or
   7-11  less than 3 years.  If it is shown on the trial of a first degree
   7-12  felony that the defendant has previously been convicted of any two
   7-13  felonies, neither of which is capital murder, murder, or a person
   7-14  offense first degree felony, he shall be punished by imprisonment
   7-15  in the institutional division for any term of not more than 20
   7-16  years or less than 4 years.  If it is shown on the trial of a first
   7-17  degree felony that the defendant has previously been convicted of
   7-18  any three felonies none of which is capital murder, murder, or a
   7-19  person offense first degree felony, he shall be punished by
   7-20  imprisonment in the institutional division for any term of not more
   7-21  than 25 years or less than 5 years.  If it is shown on the trial of
   7-22  a first degree felony that the defendant has previously been
   7-23  convicted of capital murder, murder, or a person offense first
   7-24  degree felony, he shall be punished by imprisonment in the
   7-25  institutional division for any term of not more than 35 years or
   7-26  less than 7 years.
   7-27        (e)  If it is shown on the trial of a murder that the
    8-1  defendant has been once before convicted of any felony other than
    8-2  capital murder, murder, or a person offense first degree felony, he
    8-3  shall be punished by imprisonment in the institutional division for
    8-4  any term of not more than 35 years or less than 3 years.  If it is
    8-5  shown on the trial of a murder that the defendant has previously
    8-6  been convicted of any two felonies, neither of which is a capital
    8-7  murder, a murder, or a person offense first degree felony, he shall
    8-8  be punished by imprisonment in the institutional division for any
    8-9  term of not more than 35 years or less than 4 years.  If it is
   8-10  shown on the trial of a murder that the defendant has previously
   8-11  been convicted of any three felonies, none of which is a capital
   8-12  murder, a murder, or a person offense first degree felony, he shall
   8-13  be punished by imprisonment in the institutional division for any
   8-14  term of not more than 35 years or less than 5 years.  If it is
   8-15  shown on the trial of a murder that the defendant has previously
   8-16  been convicted of capital murder, murder, or a person offense first
   8-17  degree felony, he shall be punished by imprisonment in the
   8-18  institutional division for any term of not more than 35 years or
   8-19  less than 7 years <any felony offense that the defendant has
   8-20  previously been finally convicted of two felony offenses, and the
   8-21  second previous felony conviction is for an offense that occurred
   8-22  subsequent to the first previous conviction having become final, on
   8-23  conviction he shall be punished by confinement in the Texas
   8-24  Department of Corrections for life, or for any term of not more
   8-25  than 99 years or less than 25 years>.
   8-26        <Sec. 12.422.  IMPOSITION OF SUBSTANCE ABUSE FELONY
   8-27  PUNISHMENT.  (a)  A court may punish an eligible defendant
    9-1  convicted of an offense listed in Subsection (d) of this section
    9-2  that is otherwise punishable as a felony of the first, second, or
    9-3  third degree by imposing on the defendant:>
    9-4              <(1)  a term of confinement and treatment in a
    9-5  substance abuse treatment facility operated by the community
    9-6  justice assistance division of the Texas Department of Criminal
    9-7  Justice for an indeterminate term of not more than one year or less
    9-8  than six months, except that the minimum term for a defendant whose
    9-9  underlying offense is an offense under Article 6701l-1, Revised
   9-10  Statutes, is 30 days;>
   9-11              <(2)  a term of not less than two years or more than 10
   9-12  years in the institutional division of the Texas Department of
   9-13  Criminal Justice, to begin not later than the 30th day after the
   9-14  day on which the defendant is released from a substance abuse
   9-15  facility; and>
   9-16              <(3)  a fine not to exceed $10,000.>
   9-17        <(b)  A defendant is an eligible defendant for the purposes
   9-18  of this section if:>
   9-19              <(1)  a pre-sentence investigation conducted under
   9-20  Section 9, Article 42.12, Code of Criminal Procedure, or any other
   9-21  indication suggests that drug or alcohol abuse significantly
   9-22  contributed to the commission of the offense;>
   9-23              <(2)  the court determines that there are no other
   9-24  community-based programs or facilities that are suitable for the
   9-25  treatment of the defendant; and>
   9-26              <(3)  after considering the gravity and circumstances
   9-27  of the offense committed, the court finds that the punishment would
   10-1  best serve the ends of justice.>
   10-2        <(c)  A conviction of an offense for which punishment is
   10-3  imposed under this section is a final conviction for the purposes
   10-4  of Section 12.42 of this code.>
   10-5        <(d)  This section applies to all felony offenses other than
   10-6  murder under Section 19.02, Penal Code, or an offense listed under
   10-7  Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, or a
   10-8  sentence the judgment for which contains an affirmative finding
   10-9  under Section 3g(a)(2) of that article.>
  10-10        Sec. 12.43.  PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR
  10-11  OFFENDERS.  (a)  If it is <be> shown on the trial of a Class A
  10-12  misdemeanor that the defendant has been before convicted of a Class
  10-13  A misdemeanor or any degree of felony, on conviction he shall be
  10-14  punished by confinement in jail for any term of not more than one
  10-15  year or less than 90 days.
  10-16        (b)  If it is <be> shown on the trial of a Class B
  10-17  misdemeanor that the defendant has been before convicted of a Class
  10-18  A or Class B misdemeanor or any degree of felony, on conviction he
  10-19  shall be punished by confinement in jail for any term of not more
  10-20  than 180 days or less than 30 days.
  10-21        (c)  If the punishment scheme for an offense contains a
  10-22  specific enhancement provision increasing punishment for a
  10-23  defendant who has previously been convicted of the offense, the
  10-24  specific enhancement provision controls over this section.
  10-25        Sec. 12.44.  REDUCTION OF THIRD DEGREE <THIRD-DEGREE> OR
  10-26  FOURTH DEGREE FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT.  (a)  A
  10-27  court may punish a defendant who is convicted of a third degree or
   11-1  fourth degree felony and who has not previously been convicted of
   11-2  two or more felonies by imposing the punishment for a Class A
   11-3  misdemeanor if, after considering the gravity and circumstances of
   11-4  the felony committed and the history, character, and rehabilitative
   11-5  needs of the defendant, the court finds that such punishment would
   11-6  best serve the ends of justice.
   11-7        (b)  When a court is authorized to impose punishment for a
   11-8  lesser category of offense as provided in Subsection (a) <of this
   11-9  section>, the court may authorize the prosecuting attorney to
  11-10  prosecute initially for the lesser category of offense.
  11-11        Sec. 12.45.  ADMISSION OF UNADJUDICATED OFFENSE.  (a)  A
  11-12  person may, with the consent of the attorney for the state, admit
  11-13  during the sentencing hearing his guilt of one or more
  11-14  unadjudicated offenses and request the court to take each into
  11-15  account in determining sentence for the offense or offenses of
  11-16  which he stands adjudged guilty.
  11-17        (b)  Before a court may take into account an admitted offense
  11-18  over which exclusive venue lies in another county or district, the
  11-19  court must obtain permission from the prosecuting attorney with
  11-20  jurisdiction over the offense.
  11-21        (c)  If a court lawfully takes into account an admitted
  11-22  offense, prosecution is barred for that offense.
  11-23        Sec. 12.46.  USE OF PRIOR CONVICTIONS.  The use of a
  11-24  conviction for enhancement purposes shall not preclude the
  11-25  subsequent use of such conviction for enhancement purposes.
  11-26        <Sec. 12.47.  PENALTY IF CRIME COMMITTED AGAINST CHILD DURING
  11-27  RITUAL OR CEREMONY.  (a)  The punishment prescribed for an offense
   12-1  listed in Subsection (b) of this section is increased to the
   12-2  punishment prescribed for the next highest category of offense if
   12-3  it is shown on the trial of the offense that:>
   12-4              <(1)  the victim of the offense was younger than 17
   12-5  years of age at the time of the offense; and>
   12-6              <(2)  the offense was committed as part of a ritual or
   12-7  ceremony.>
   12-8        <(b)  This section applies to an offense under the following
   12-9  sections of the Penal Code:>
  12-10              <(1)  Section 21.11 (Indecency with a Child);>
  12-11              <(2)  Section 22.01 (Assault);>
  12-12              <(3)  Section 22.011 (Sexual Assault);>
  12-13              <(4)  Section 22.02 (Aggravated Assault);>
  12-14              <(5)  Section 22.021 (Aggravated Sexual Assault);>
  12-15              <(6)  Section 22.04 (Injury to a Child or an Elderly
  12-16  Individual);>
  12-17              <(7)  Section 22.041 (Abandoning or Endangering Child);>
  12-18              <(8)  Section 25.02 (Incest);>
  12-19              <(9)  Section 25.06 (Solicitation of a Child);>
  12-20              <(10)  Section 25.11 (Sale or Purchase of Child);>
  12-21              <(11)  Section 43.24 (Sale, Distribution, or Display of
  12-22  Harmful Material to Minor); and>
  12-23              <(12)  Section 43.25 (Sexual Performance by a Child).>
  12-24        <(c)  This section does not apply to an offense for which the
  12-25  punishment otherwise prescribed is the punishment for a
  12-26  first-degree felony or a capital felony.>
  12-27         (Sections 12.47 <12.48>-12.50 reserved for expansion)
   13-1             SUBCHAPTER E.  CORPORATIONS AND ASSOCIATIONS
   13-2        Sec. 12.51.  AUTHORIZED PUNISHMENTS FOR CORPORATIONS AND
   13-3  ASSOCIATIONS.  (a)  If a corporation or association is adjudged
   13-4  guilty of an offense that provides a penalty consisting of a fine
   13-5  only, a court may sentence the corporation or association to pay a
   13-6  fine in an amount fixed by the court, not to exceed the fine
   13-7  provided by the offense.
   13-8        (b)  If a corporation or association is adjudged guilty of an
   13-9  offense that provides a penalty including imprisonment, or that
  13-10  provides no specific penalty, a court may sentence the corporation
  13-11  or association to pay a fine in an amount fixed by the court, not
  13-12  to exceed:
  13-13              (1)  $20,000 if the offense is a felony of any
  13-14  category;
  13-15              (2)  $10,000 if the offense is a Class A or Class B
  13-16  misdemeanor;
  13-17              (3)  $2,000 if the offense is a Class C misdemeanor; or
  13-18              (4)  $50,000 if, as a result of an offense classified
  13-19  as a felony or Class A misdemeanor, an individual suffers serious
  13-20  bodily injury or death.
  13-21        (c)  In lieu of the fines authorized by Subsections (a),
  13-22  (b)(1), (b)(2), and (b)(4) <of this section>, if a court finds that
  13-23  the corporation or association gained money or property or caused
  13-24  personal injury or death, property damage, or other loss through
  13-25  the commission of a felony or Class A or Class B misdemeanor, the
  13-26  court may sentence the corporation or association to pay a fine in
  13-27  an amount fixed by the court, not to exceed double the amount
   14-1  gained or caused by the corporation or association to be lost or
   14-2  damaged, whichever is greater.
   14-3        (d)  In addition to any sentence that may be imposed by this
   14-4  section, a corporation or association that has been adjudged guilty
   14-5  of an offense may be ordered by the court to give notice of the
   14-6  conviction to any person the court deems appropriate.
   14-7        (e)  On conviction of a corporation or association, the court
   14-8  shall notify the attorney general of that fact.
   14-9             (Sections 12.52-12.70 reserved for expansion
  14-10                 SUBCHAPTER F.  PERSON OFFENSE RANKING
  14-11        Sec. 12.71.  CATEGORIZATION.  Each offense in the person
  14-12  offense classification is categorized as:
  14-13              (1)  capital murder;
  14-14              (2)  murder; or
  14-15              (3)  a first, second, third, or fourth degree felony.
  14-16        Sec. 12.72.  FUNCTION.  The ranking system established by
  14-17  this subchapter shall be used to determine:
  14-18              (1)  a defendant's eligibility for deferred
  14-19  adjudication under Article 42.12, Code of Criminal Procedure; and
  14-20              (2)  the applicable punishment for a repeat offender
  14-21  under Section 12.42.
  14-22        Sec. 12.73.  COMPATIBILITY WITH EXISTING PROVISIONS.  This
  14-23  subchapter is intended to complement the classification system
  14-24  established by Subchapter A.
  14-25        Sec. 12.74.  PERSON OFFENSES.  (a)  In the person offense
  14-26  classification, capital murder and murder are the only offenses
  14-27  within their respective categories.
   15-1        (b)  In the person offense classification, the first degree
   15-2  felony offenses are:
   15-3              (1)  aggravated sexual assault;
   15-4              (2)  injury to a child (intentional with serious bodily
   15-5  injury);
   15-6              (3)  aggravated kidnapping;
   15-7              (4)  aggravated assault (with serious bodily injury to
   15-8  public servant);
   15-9              (5)  aggravated robbery (with serious bodily injury or
  15-10  with use of weapon);
  15-11              (6)  arson (with bodily injury); and
  15-12              (7)  burglary (with bodily injury or attempt).
  15-13        (c)  In the person offense classification, the second degree
  15-14  felony offenses are:
  15-15              (1)  voluntary manslaughter (sudden passion);
  15-16              (2)  involuntary manslaughter;
  15-17              (3)  intoxication manslaughter;
  15-18              (4)  aggravated kidnapping (safe release);
  15-19              (5)  burglary (occupant or weapon);
  15-20              (6)  tampering with consumer product (with bodily
  15-21  injury);
  15-22              (7)  aggravated assault;
  15-23              (8)  injury to a child (reckless with serious bodily
  15-24  injury);
  15-25              (9)  indecency with a child (touching);
  15-26              (10)  abandoning child (imminent danger);
  15-27              (11)  sexual performance by child;
   16-1              (12)  sexual assault; and
   16-2              (13)  compelling prostitution.
   16-3        (d)  In the person offense classification, the third degree
   16-4  felony offenses are:
   16-5              (1)  kidnapping;
   16-6              (2)  robbery;
   16-7              (3)  intoxication assault (driving while intoxicated
   16-8  resulting in serious bodily injury);
   16-9              (4)  injury to a child (intentional with bodily
  16-10  injury);
  16-11              (5)  abandoning child (without intent to return);
  16-12              (6)  prohibited sexual conduct (incest);
  16-13              (7)  sale of child;
  16-14              (8)  indecency with child (exposing);
  16-15              (9)  solicitation of a child; and
  16-16              (10)  burglary (habitation, without aggravating
  16-17  factors).
  16-18        (e)  In the person offense classification, the fourth degree
  16-19  felony offenses are:
  16-20              (1)  negligent homicide;
  16-21              (2)  injury to a child (reckless with bodily injury or
  16-22  negligent with serious bodily injury);
  16-23              (3)  abandoning child;
  16-24              (4)  aiding suicide;
  16-25              (5)  interference with possession of or access to
  16-26  child;
  16-27              (6)  agreement to abduct from custody; and
   17-1              (7)  false imprisonment.
   17-2        SECTION 1.02.  The change in law made by this article to
   17-3  Chapter 12, Penal Code, applies only to a defendant convicted of an
   17-4  offense committed on or after the effective date of this article.
   17-5  For the purposes of this section, an offense is committed before
   17-6  the effective date of this article if any element of the offense
   17-7  occurs before that date.  A defendant convicted of an offense
   17-8  committed before the effective date of this article is covered by
   17-9  the law in effect when the offense was committed, and the former
  17-10  law is continued in effect for this purpose.
  17-11                               ARTICLE 2
  17-12        SECTION 2.01.  Article 42.13, Code of Criminal Procedure, is
  17-13  amended to read as follows:
  17-14        Art. 42.13.  COMMUNITY JUSTICE ASSISTANCE DIVISION OF THE
  17-15  TEXAS DEPARTMENT OF CRIMINAL JUSTICE
  17-16        Sec. 1.  Purpose; Definitions.  (a)  The purpose of this
  17-17  article is to:
  17-18              (1)  allow localities to increase their involvement and
  17-19  responsibility in developing sentencing programs that provide
  17-20  effective sanctions for criminal defendants <felony offenders>;
  17-21              (2)  provide increased opportunities for criminal
  17-22  defendants <felony offenders> to make restitution to victims of
  17-23  crime through financial reimbursement or community service;
  17-24              (3)  provide increased use of community penalties
  17-25  designed specifically to meet local needs; and
  17-26              (4)  promote efficiency and economy in the delivery of
  17-27  community-based correctional programs consistent with the
   18-1  objectives defined by Section 1.02, Penal Code.
   18-2        (b)  In this article:
   18-3              (1)  "Board" means the Texas Board of Criminal Justice.
   18-4              (2)  "Community corrections facility" means a physical
   18-5  structure or any portion of a structure designated as a community
   18-6  corrections facility by a community justice council for the purpose
   18-7  of confining defendants and providing services and programs to
   18-8  modify criminal behavior, deter criminal activity, protect the
   18-9  public, and restore victims of crime.  The term includes:
  18-10                    (A)  a restitution center;
  18-11                    (B)  a court residential treatment facility;
  18-12                    (C)  a substance abuse treatment facility;
  18-13                    (D)  a custody facility or boot camp;
  18-14                    (E)  a facility for an offender with a mental
  18-15  impairment, as defined by Section 614.001, Health and Safety Code;
  18-16  and
  18-17                    (F)  an intermediate sanction facility.
  18-18              (3)  "Department" means a community supervision and
  18-19  corrections department established under Article 42.131 of this
  18-20  code.
  18-21              (4) <(3)>  "Division" means the community justice
  18-22  assistance division of the Texas Department of Criminal Justice.
  18-23              (5)  "State aid" means funds appropriated by the
  18-24  legislature to the division to provide financial assistance to:
  18-25                    (A)  judicial districts, for the administration
  18-26  of departments and the development or improvement of community
  18-27  supervision services;
   19-1                    (B)  judicial districts, counties,
   19-2  municipalities, and nonprofit organizations for:
   19-3                          (i)  the development or improvement of
   19-4  community corrections facilities; and
   19-5                          (ii)  complying with standards and policies
   19-6  adopted by the division or board; and
   19-7                    (C)  counties, as performance rewards.
   19-8        Sec. 2.  Standards and Procedures.  (a)  The division shall
   19-9  propose and the board shall adopt reasonable rules establishing:
  19-10              (1)  <establishing> minimum standards for programs,
  19-11  community corrections facilities and other facilities, equipment,
  19-12  and other aspects of the operation of departments;
  19-13              (2)  procedures and standards for the development and
  19-14  operation of facilities established under Section 9 of this article
  19-15  <establishing an application process and procedures for funding
  19-16  community corrections facilities>; <and>
  19-17              (3)  a list and description of core services that
  19-18  should be provided by each department;
  19-19              (4)  methods for measuring the success of community
  19-20  supervision and corrections programs, including methods for
  19-21  measuring rates of diversion, program completion, and recidivism;
  19-22  and
  19-23              (5)  <establishing> a format for community justice
  19-24  plans.
  19-25        (b)  In establishing standards relating to the operation of
  19-26  departments, the division shall consider guidelines <previously>
  19-27  developed and presented  by the advisory committee on community
   20-1  supervision and corrections <probation> department management to
   20-2  the  judicial advisory council established under Section
   20-3  493.003(b), Government Code  <Texas Adult Probation Commission>.
   20-4        (c)  After consultation with the Texas Commission on Alcohol
   20-5  and Drug Abuse, the division by rule shall establish standards for
   20-6  the operation of substance abuse facilities and programs by the
   20-7  division and by departments.   A facility or program operating
   20-8  under the standards is not required to be licensed or otherwise
   20-9  approved by any other state or local agency.
  20-10        Sec. 3.  Records, Reports, and Information Systems.  (a)  The
  20-11  division shall require each department to:
  20-12              (1)  keep financial and statistical records determined
  20-13  necessary by the division;
  20-14              (2)  submit a community justice plan and all supporting
  20-15  information requested by the division;<, if Section 3 of Article
  20-16  42.131 of this code applies to the department; and>
  20-17              (3)  present data requested by the division as
  20-18  necessary to determine the amount of state aid for which the
  20-19  department is eligible; and
  20-20              (4)  submit periodic financial audits and statistical
  20-21  reports to the division.
  20-22        (b)  The division shall develop an automated <probationer>
  20-23  tracking system that:
  20-24              (1)  is capable of receiving tracking data from
  20-25  community supervision and corrections departments' caseload
  20-26  management and accounting systems;
  20-27              (2)  is capable of tracking the defendant <probationer>
   21-1  and the sentencing event at <conviction for> which the defendant
   21-2  was placed on community supervision <probationer received
   21-3  probation> by name, arrest charge code, and incident number;
   21-4              (3)  provides the division with the statistical data it
   21-5  needs to support budget requests and satisfy requests for
   21-6  information; and
   21-7              (4)  is compatible with the requirements of Chapter 60
   21-8  of this code and the information systems used by the institutional
   21-9  division and the pardons and paroles <Board of Pardons and Paroles>
  21-10  division of the department.
  21-11        Sec. 4.  INSPECTIONS; AUDITS; EVALUATIONS.  (a)  The division
  21-12  may inspect and evaluate a department or conduct audits of
  21-13  financial records of a department at any reasonable time to
  21-14  determine compliance with the division's rules and standards.
  21-15        (b)  The division, in cooperation with the Criminal Justice
  21-16  Policy Council, annually shall evaluate not less than 10 percent of
  21-17  the facilities described by Section 5 of this article and funded
  21-18  with state aid by applying risk assessment instruments developed by
  21-19  the division to determine whether persons confined exhibit levels
  21-20  of risk or needs that if not addressed through the confinement and
  21-21  treatment in a community corrections facility make it probable that
  21-22  the persons would pose unacceptable levels of threat to public
  21-23  safety through additional criminal behavior.
  21-24        (c)  The division shall authorize payments under Section
  21-25  11(a)(1) of this article only if the division determines that the
  21-26  department has made a reasonable effort to maintain workloads for
  21-27  supervising officers that do not exceed the following ratios:
   22-1              (1)  one officer or full-time equivalent per 25 cases,
   22-2  with a workload unit value of 4 per case, for cases requiring
   22-3  intensive supervision;
   22-4              (2)  one officer or full-time equivalent per 40 cases,
   22-5  with a workload unit value of 2.5 per case, for cases requiring
   22-6  maximum supervision;
   22-7              (3)  one officer or full-time equivalent per 75 cases,
   22-8  with a workload unit value of 1.33 per case, for cases requiring a
   22-9  medium level of supervision; and
  22-10              (4)  one officer or full-time equivalent per 100 cases,
  22-11  with a workload unit value of 1 per case, for cases requiring a
  22-12  minimum level of supervision.
  22-13        Sec. 5.  Community Corrections Facilities and Regional Work
  22-14  Facilities.  (a)  In order to establish and maintain community
  22-15  corrections facilities and regional work facilities, the division
  22-16  may:
  22-17              (1)  <develop standards for the physical plant and
  22-18  operation of community corrections facilities and standards for the
  22-19  programs offered by those facilities;>
  22-20              <(2)>  fund division-managed <community corrections>
  22-21  facilities <if local contractors are not available or do not meet
  22-22  the standards established by the division>;
  22-23              (2) <(3)>  fund contracts for <management of community
  22-24  corrections> facilities that are managed by departments, counties,
  22-25  or vendors;
  22-26              (3) <(4)>  provide funds to departments for the
  22-27  renovation of leased or donated buildings for use as <community
   23-1  corrections> facilities;
   23-2              (4) <(5)>  accept ownership of real property pursuant
   23-3  to an agreement under which the division agrees to construct a
   23-4  <community corrections> facility and offer the facility for lease;
   23-5              (5) <(6)>  allow departments, counties, or
   23-6  municipalities to accept and use buildings provided by units of
   23-7  local governments, including rural hospital districts, for use as
   23-8  <community corrections> facilities;
   23-9              (6) <(7)>  provide funds to departments, counties, or
  23-10  municipalities to lease, purchase, or construct buildings or to
  23-11  lease or purchase<,> land<,> or other real property for use as
  23-12  <community corrections> facilities, lease or purchase equipment
  23-13  necessary for the operation of facilities, and pay other costs as
  23-14  necessary for the management and operation of facilities; and
  23-15              <(8)  require that all community corrections facilities
  23-16  be in compliance with state and local safety laws;>
  23-17              <(9)  develop standards for disciplinary rules to be
  23-18  imposed on residents of community corrections facilities;>
  23-19              <(10)  require departments to provide data requested by
  23-20  the division;>
  23-21              (7) <(11)>  be a party to a contract for correctional
  23-22  services or approve a contract for those services if the state, on
  23-23  a biennial appropriations basis, commits to fund a portion of the
  23-24  contract<; and>
  23-25              <(12)  develop standards for the granting of emergency
  23-26  furloughs for residents confined in community corrections
  23-27  facilities>.
   24-1        (b)  The division may require that community corrections
   24-2  facilities and regional work facilities comply with state and local
   24-3  safety laws and may develop standards for:
   24-4              (1)  the physical plant and operation of community
   24-5  corrections facilities and regional work facilities;
   24-6              (2)  programs offered by community corrections
   24-7  facilities and regional work facilities;
   24-8              (3)  disciplinary rules for residents of community
   24-9  corrections facilities and regional work facilities; and
  24-10              (4)  emergency furloughs for residents of community
  24-11  corrections facilities and regional work facilities.
  24-12        (c)  Minimum standards for community corrections facilities
  24-13  and regional work facilities must include requirements that a
  24-14  facility:
  24-15              (1)  provide levels of security appropriate for the
  24-16  population served by the facility, including as a minimum a
  24-17  monitored and structured environment in which a resident's interior
  24-18  and exterior movements and activities can be supervised by specific
  24-19  destination and time; and
  24-20              (2)  accept only those residents who are physically and
  24-21  mentally capable of participating in any program offered at the
  24-22  facility that requires strenuous physical activity, if
  24-23  participation in the program is required of all residents of the
  24-24  facility.
  24-25        Sec. 6.  Community Justice Plan.  (a)  The <Beginning on
  24-26  September 1, 1991, the> division shall require as a condition to
  24-27  payment of state aid to a  department or county under Section 11
   25-1  <or Section 13> of this article and eligibility for payment of
   25-2  costs under Section 499.124, Government Code, that a community
   25-3  justice plan be submitted for the department.  The community
   25-4  justice council shall submit the plan required by this subsection.
   25-5  A community justice council may not submit a plan under this
   25-6  section unless the plan is first approved by the district judges
   25-7  who manage the department served by the council.  The council shall
   25-8  submit a revised plan to the division each odd-numbered year by a
   25-9  date designated by the division.
  25-10        (b)  A community justice plan required under this section
  25-11  must include:
  25-12              (1)  <a summary of services provided by or available to
  25-13  the department at the time the plan is submitted;>
  25-14              <(2)  a description of proposed new facilities or
  25-15  programs or significant expansion of existing facilities or
  25-16  programs and a summary of how the department proposes to use the
  25-17  facilities or programs, with a particular emphasis on the plans of
  25-18  the department to expand the department's use of:>
  25-19                    <(A)  electronic monitoring programs;>
  25-20                    <(B)  testing for controlled substances; and>
  25-21                    <(C)  community corrections facilities,
  25-22  including:>
  25-23                          <(i)  restitution facilities;>
  25-24                          <(ii)  court residential treatment
  25-25  facilities;>
  25-26                          <(iii)  substance abuse treatment
  25-27  facilities;>
   26-1                          <(iv)  custody facilities and boot camps;>
   26-2                          <(v)  facilities for offenders described by
   26-3  Section 1, Article 4413(49a), Revised Statutes;>
   26-4                          <(vi)  intermediate sanction facilities;>
   26-5                          <(vii)  pre-parole transfer facilities;>
   26-6                          <(viii)  halfway houses; and>
   26-7                          <(ix)  work facilities;>
   26-8              <(3)  a description of services for offenders needed
   26-9  within the area served by the department, including services needed
  26-10  within an accessible radius of any facility or program that is
  26-11  proposed;>
  26-12              <(4)  a copy or description of any proposed contract
  26-13  that is required to achieve proposed facilities or programs; and>
  26-14              <(5)>  a statement of goals and priorities and of
  26-15  commitment by the community justice council, the district judges
  26-16  who manage the department, and the department to achieve a targeted
  26-17  level of alternative sanctions; and
  26-18              (2)  a description of methods for measuring the success
  26-19  of programs provided by the department or provided by an entity
  26-20  served by the department.
  26-21        <(c)  A community justice plan submitted to the division by a
  26-22  department or by departments acting in cooperation may include:>
  26-23              <(1)  implementation processes for division-approved
  26-24  program evaluation and data collection;>
  26-25              <(2)  a description of existing and proposed personnel
  26-26  training programs, community service programs, and restitution
  26-27  programs;>
   27-1              <(3)  a description of existing and proposed programs
   27-2  to recruit volunteer community service programs to work with
   27-3  offenders served by the department; and>
   27-4              <(4)  other details or options that the community
   27-5  justice council wishes to include.>
   27-6        <(d)  A community justice plan submitted under this section
   27-7  must include, in addition to the information required by Subsection
   27-8  (b) of this section, a budget and program schedule detailing the
   27-9  application of state funding to the programs proposed in the plan
  27-10  and any other information required by the division.>
  27-11        Sec. 7.  OFFICER CERTIFICATION.  (a)  The division shall
  27-12  establish officer certification programs for department residential
  27-13  officers and department supervision officers.  Each program must
  27-14  include coursework relating to the proper performance of the
  27-15  officer's duties and an examination prepared by the division
  27-16  administered at the conclusion of the coursework.  The examination
  27-17  must test officers on knowledge required for the proper performance
  27-18  of their duties.  Each officer who satisfactorily completes the
  27-19  coursework and examination shall be certified.
  27-20        (b)  Except as provided by Subsections (d), (e), and (f) of
  27-21  this section, a department may not continue to employ an officer
  27-22  unless the officer is exempt from certification requirements on the
  27-23  effective date of this Act or satisfactorily completes the
  27-24  coursework and examination required by this section not later than
  27-25  the first anniversary of the date on which the officer begins
  27-26  employment with the department.
  27-27        (c)  The division shall provide adequate notification of the
   28-1  results of examinations and provide other relevant information
   28-2  regarding examinations as requested by examinees.
   28-3        (d)  The division may extend the period for the coursework
   28-4  and examination requirements for an officer under Subsection (b) or
   28-5  (f) of this section for an additional period not to exceed one year
   28-6  because:
   28-7              (1)  of a need by the department to increase hiring to
   28-8  reduce caseloads to a level necessary to receive full state aid; or
   28-9              (2)  an extenuating circumstance, as determined by the
  28-10  division director, prevents the officer from completing the
  28-11  coursework and examination within the required period <for officers
  28-12  employed by a department that during the initial one-year period
  28-13  increases hiring in order to reduce caseloads as required by law as
  28-14  a condition to full state funding>.
  28-15        (e)  The division may waive certification requirements other
  28-16  than a fee requirement for an applicant with a valid certificate
  28-17  from another state that has certification requirements
  28-18  substantially similar to those of this state.
  28-19        (f)  A department may not continue to employ a residential
  28-20  officer unless the officer successfully completes the coursework
  28-21  and examination requirement under this section before the first
  28-22  anniversary of the date on which the officer begins the officer's
  28-23  initial assignment to a residential facility <employment with the
  28-24  department.  The division shall make the first certification
  28-25  coursework and examination required by this subsection available
  28-26  not later than September 1, 1990.  A residential officer employed
  28-27  by a department before September 1, 1990, is not required to
   29-1  successfully complete the examination before the first anniversary
   29-2  of the date the division makes the first examination available>.
   29-3        (g)  The division may deny, revoke, or suspend a
   29-4  certification or reprimand a certified officer for a violation of
   29-5  this article or a rule of the Texas Board of Criminal Justice.
   29-6        (h)  If the division proposes to deny, <suspend or> revoke,
   29-7  or suspend an officer's certification under this article or
   29-8  reprimand a certified officer, the officer <person> is entitled to
   29-9  a hearing before the division or a hearings examiner appointed by
  29-10  the division.  The division shall adopt procedures for appeals by
  29-11  certified officers of decisions made by the division to deny,
  29-12  revoke, or suspend a certification or to reprimand an officer <by
  29-13  which decisions to suspend are made by or are appealable to the
  29-14  commission>.
  29-15        Sec. 8.  TRAINING.  The division may provide pre-service,
  29-16  in-service, and educational training and technical assistance to
  29-17  departments to promote compliance with the standards under this
  29-18  article and to assist departments in improving the operation of
  29-19  department services.
  29-20        Sec. 9.  REGIONAL WORK FACILITIES.  (a)  The division shall
  29-21  establish regional work facilities to serve departments within each
  29-22  region established under Subsection (b) of this section and may
  29-23  establish more than one facility in a region.  The division shall
  29-24  design the facilities to provide short-term confinement, not to
  29-25  exceed six months, for eligible defendants, and to provide the
  29-26  opportunity for public work and community service as a core
  29-27  component of punishment imposed on defendants.  The division, to
   30-1  the extent feasible, shall use former military facilities and tent
   30-2  housing to accomplish the purposes of this section.
   30-3        (b)  For the purposes of this section, the state consists of
   30-4  the following work facility regions:
   30-5              (1)  Region 1, consisting of the following
   30-6  counties:  Andrews; Armstrong; Bailey; Baylor; Borden; Brewster;
   30-7  Briscoe; Carson; Castro; Childress; Cochran; Coke; Collingsworth;
   30-8  Concho; Cottle; Crane; Crockett; Crosby; Culberson; Dallam; Dawson;
   30-9  Deaf Smith; Dickens; Donley; Ector; El Paso; Fisher; Floyd; Foard;
  30-10  Gaines; Garza; Glasscock; Gray; Hale; Hall; Hansford; Hardeman;
  30-11  Hartley; Haskell; Hemphill; Hockley; Howard; Hudspeth; Hutchinson;
  30-12  Irion; Jeff Davis; Kent; King; Knox; Lamb; Lipscomb; Loving;
  30-13  Lubbock; Lynn; Martin; Midland; Mitchell; Moore; Motley; Nolan;
  30-14  Ochiltree; Oldham; Parmer; Pecos; Potter; Presidio; Randall;
  30-15  Reagan; Reeves; Roberts; Runnels; Schleicher; Scurry; Sherman;
  30-16  Sterling; Stonewall; Sutton; Swisher; Terry; Throckmorton; Tom
  30-17  Green; Upton; Ward; Wheeler; Wilbarger; Winkler; Yoakum;
  30-18              (2)  Region 2, consisting of the following
  30-19  counties:  Archer; Bosque; Brown; Callahan; Clay; Coleman; Collin;
  30-20  Comanche; Cooke; Denton; Eastland; Erath; Grayson; Hamilton; Hood;
  30-21  Jack; Johnson; Jones; Mills; Montague; Palo Pinto; Parker;
  30-22  Shackelford; Somervell; Stephens; Tarrant; Taylor; Wichita; Wise;
  30-23  Young;
  30-24              (3)  Region 3, consisting of the following
  30-25  counties:  Anderson; Angelina; Bowie; Camp; Cass; Cherokee; Delta;
  30-26  Fannin; Franklin; Gregg; Harrison; Henderson; Hopkins; Houston;
  30-27  Hunt; Kaufman; Lamar; Marion; Morris; Nacogdoches; Panola; Rains;
   31-1  Red River; Rockwall; Rusk; Shelby; Smith; Titus; Upshur; Van Zandt;
   31-2  Wood;
   31-3              (4)  Region 4, consisting of Dallas County;
   31-4              (5)  Region 5, consisting of the following
   31-5  counties:  Brazoria; Brazos; Chambers; Fort Bend; Galveston;
   31-6  Grimes; Hardin; Jasper; Jefferson; Liberty; Madison; Matagorda;
   31-7  Montgomery; Newton; Orange; Polk; Sabine; San Augustine; San
   31-8  Jacinto; Trinity; Tyler; Walker; Wharton;
   31-9              (6)  Region 6, consisting of Harris County;
  31-10              (7)  Region 7, consisting of the following
  31-11  counties:  Austin; Bastrop; Bell; Blanco; Burleson; Burnet;
  31-12  Caldwell; Colorado; Comal; Coryell; Ellis; Falls; Fayette;
  31-13  Freestone; Gonzales; Guadalupe; Hays; Hill; Kimble; Lampasas;
  31-14  Lavaca; Lee; Leon; Limestone; Llano; McCulloch; McLennan; Mason;
  31-15  Menard; Milam; Navarro; Robertson; San Saba; Travis; Waller;
  31-16  Washington; Williamson;
  31-17              (8)  Region 8, consisting of the following
  31-18  counties:  Aransas; Atascosa; Bandera; Bee; Bexar; Brooks; Calhoun;
  31-19  Cameron; De Witt; Dimmit; Duval; Edwards; Frio; Gillespie; Goliad;
  31-20  Hidalgo; Jackson; Jim Hogg; Jim Wells; Karnes; Kendall; Kenedy;
  31-21  Kerr; Kinney; Kleberg; La Salle; Live Oak; McMullen; Maverick;
  31-22  Medina; Nueces; Real; Refugio; San Patricio; Starr; Terrell;
  31-23  Uvalde; Val Verde; Victoria; Webb; Willacy; Wilson; Zapata; Zavala.
  31-24        (c)  The division shall establish and operate regional work
  31-25  facilities in cooperation with planning committees established
  31-26  under Section 3(c), Article 42.131, of this code.  Not later than
  31-27  ____________, each planning committee shall select sites within the
   32-1  region the committee serves for use as regional work facilities.
   32-2  If a planning committee fails to select sites within the region
   32-3  served by the committee by the deadline established by this
   32-4  subsection, the division shall select sites for the region not
   32-5  later than __________.  The division, in cooperation with each
   32-6  planning committee, shall prepare design and operational plans and
   32-7  issue requests for proposals.
   32-8        (d)  On the basis of the total number of beds provided for
   32-9  regional work facilities in the General Appropriations Act, the
  32-10  division shall determine the number of beds allocated to each
  32-11  region.  The division shall allocate beds on the basis of factors
  32-12  such as the population of the region in comparison to the
  32-13  populations of the other regions and the number of fourth degree
  32-14  felony convictions in the region in comparison to the numbers of
  32-15  those convictions in the other regions.  Within a region the
  32-16  departments that constitute the region, by agreement of a majority
  32-17  of the departments, shall allocate beds among the departments
  32-18  served by the region.  The division shall allocate beds among
  32-19  departments served by a region on the basis of factors such as
  32-20  population served by the department and the number of fourth degree
  32-21  felony defendants served by the department, if the departments
  32-22  served by the region fail to agree on an allocation formula.  No
  32-23  agreement on an allocation formula is necessary for Region 4 or
  32-24  Region 6.  With the consent of the division, departments served by
  32-25  regions other than Region 4 or Region 6 may contract with
  32-26  departments served by those regions for use of beds allocated to
  32-27  those departments or to provide beds to those departments.  A
   33-1  department may not use more beds than are allocated to the
   33-2  department, and if the department is using all beds allocated to
   33-3  the department, the division may not accept a new admission from
   33-4  the department.  The division, the Texas Department of Criminal
   33-5  Justice, and the state have no duty to accept or compensate for
   33-6  failure to accept fourth degree felony defendants beyond any
   33-7  obligation specified in the regional allocation and the allocation
   33-8  to each department in a region.
   33-9        (e)  The division may contract with the institutional
  33-10  division of the Texas Department of Criminal Justice for the
  33-11  financing, construction, and maintenance of and provision of
  33-12  ancillary services to regional work facilities.  The division may
  33-13  contract with counties, municipalities, or private vendors for the
  33-14  financing, construction, maintenance, or operation of and provision
  33-15  of ancillary services to regional work facilities.  The division
  33-16  may not award a contract to a private vendor unless the division
  33-17  requests proposals and receives a proposal that meets or exceeds
  33-18  the requirements specified in the proposal.  The division may not
  33-19  award a contract under this subsection to a private vendor for the
  33-20  construction or renovation of a facility if the construction or
  33-21  renovation begins before the contract is executed.  The division
  33-22  must be a party to a contract executed under this subsection.
  33-23  <DATA AND REPORTS FOR STATE AID.  The director of a department
  33-24  shall present data requested by the division as necessary to
  33-25  determine the amount of state financial aid to which the department
  33-26  is entitled.  A department receiving state aid shall submit reports
  33-27  as required by the division.>
   34-1        Sec. 10.  PUBLIC MEETING.  (a)  The division may not take an
   34-2  action under Sections 5(a)(1) through (6) <(2) through (7)> of this
   34-3  article relating to a community corrections facility or regional
   34-4  work facility established after August 31, 1989, unless a public
   34-5  meeting is held about the proposed action before the action is
   34-6  taken.
   34-7        (b)  Before the 30th day before the date of the meeting, the
   34-8  division, the department that the facility is to serve, or a vendor
   34-9  proposing to operate the facility shall:
  34-10              (1)  publish notice of the date, hour, place, and
  34-11  subject of the hearing required by Subsection (a) of this section
  34-12  in three consecutive issues of a newspaper of, or in newspapers
  34-13  that collectively have, general circulation in the county in which
  34-14  the proposed facility is to be located; and
  34-15              (2)  mail a copy of the notice to each city council
  34-16  member, county commissioner, state representative, and state
  34-17  senator who represents the area in which the proposed facility is
  34-18  to be located, unless the proposed facility has been previously
  34-19  authorized to operate at a particular location by a community
  34-20  justice council under Section 3, Article 42.131, of this code.
  34-21        (c)  If a private vendor, other than a private vendor that
  34-22  operates as a nonprofit corporation, proposes to operate a facility
  34-23  that is the subject of a public meeting under this section, the
  34-24  private vendor is responsible for the costs of providing notice and
  34-25  holding the public meeting required by this section.
  34-26        (d)  In describing the subject of a hearing for purposes of
  34-27  publishing notice under this section, the notice must specifically
   35-1  state the address of the facility on which a proposed action is to
   35-2  be taken and describe the proposed action.
   35-3        (e)  The division, a department, or a private vendor shall
   35-4  hold a public meeting required by Subsection (a) of this section
   35-5  <in the county in which the facility on which a proposed action is
   35-6  to be taken is located,> at a site as close as practicable to the
   35-7  location at which the proposed action is to be taken <facility>.
   35-8        (f)  A planning committee established under Section 3(c),
   35-9  Article 42.131, of this code may not take any action relating to
  35-10  the location of or change in the capacity of a regional work
  35-11  facility unless the committee holds a public meeting before the
  35-12  proposed action is taken, with notice provided and the hearing to
  35-13  be held in the same manner as provided by Subsections (a)-(e) of
  35-14  this section.
  35-15        (g)  A department, a county, a municipality, or a combination
  35-16  involving more than one of those entities may not take an action
  35-17  under Section 10, Article 42.131, of this code unless the community
  35-18  justice council serving the entity or entities holds a public
  35-19  meeting before the action is taken, with notice provided and the
  35-20  hearing to be held in the same manner as provided by Subsections
  35-21  (a)-(e) of this section.
  35-22        Sec. 11.  Payment of State Aid.  (a)  If the division
  35-23  determines that a department complies with division standards and
  35-24  if the department or judges managing the department have submitted
  35-25  a community justice plan under Section 3, Article 42.131 of this
  35-26  code and the supporting information required by the division <this
  35-27  article> and the division determines the plan and supporting
   36-1  information are <is> acceptable, the division shall prepare and
   36-2  submit to the comptroller of public accounts vouchers for payment
   36-3  to the department as follows:
   36-4              (1)  for per capita funding, a per diem <an annual>
   36-5  amount as provided in the General Appropriations Act for each
   36-6  <full-time officer or each full-time equivalent employed by the
   36-7  department who supervises any combination of> felony defendant
   36-8  directly supervised by the department pursuant to lawful authority
   36-9  <probationers that results in a workload unit level that does not
  36-10  exceed 100, as determined under Subsection (c) of this section>;
  36-11              (2)  for per capita funding, a per diem amount for a
  36-12  period not to exceed 182 days as provided in the General
  36-13  Appropriations Act for each defendant <misdemeanor probationer>
  36-14  supervised by the department pursuant to lawful authority, other
  36-15  than a felony defendant <misdemeanor probationer under supervision
  36-16  after the first anniversary of the date on which the probationer
  36-17  was placed on probation>; and
  36-18              (3)  for formula funding, an annual amount as computed
  36-19  by multiplying a <the> percentage based on the allocation formula
  36-20  established under Section 499.071, Government Code <of
  36-21  institutional admissions allocated to the county or counties served
  36-22  by the department under Article 6166a-4, Revised Statutes>, times
  36-23  the total amount provided in the General Appropriations Act for
  36-24  payments under this subdivision.
  36-25        (b)  The division may use discretionary grant funds to
  36-26  further the purposes of this chapter by contracting for services
  36-27  with state agencies or nonprofit organizations.  The division may
   37-1  also make discretionary grants to departments, municipalities, or
   37-2  counties for the following purposes:
   37-3              (1)  development and operation of pretrial and
   37-4  presentencing services;
   37-5              (2)  electronic monitoring services <programs>,
   37-6  surveillance supervision <probation> programs, and controlled
   37-7  substances testing services <programs>;
   37-8              (3)  research projects to evaluate the effectiveness of
   37-9  community corrections programs, if the research is conducted in
  37-10  cooperation with the Criminal Justice Policy Council;
  37-11              (4)  contract services for felony defendants
  37-12  <probationers>;
  37-13              (5)  residential services for misdemeanor defendants
  37-14  <probationers> who exhibit levels of risk or needs indicating a
  37-15  need for confinement and treatment, as described by Section 4(b) of
  37-16  this article <Subsection (d) of this section>;
  37-17              (6)  establishment or operation of county correctional
  37-18  centers under Subchapter H, Chapter 351, Local Government Code, or
  37-19  community corrections facilities for which the division has
  37-20  established standards under Section 5 of this article<, subject to
  37-21  payment methods established under Subsection (e) of this section>;
  37-22  and
  37-23              (7)  other purposes determined appropriate by the
  37-24  division and approved by the board.
  37-25        (c)  In addition to payments under Subsections (a) and (b) of
  37-26  this section and subject to the requirements of this subsection and
  37-27  Section 13 of this article, the division shall make quarterly
   38-1  county incentive payments to a county served by a department.  The
   38-2  total amount that a county may earn in a state fiscal year under
   38-3  this section is to be determined by the division, based on an
   38-4  amount provided by the General Appropriations Act multiplied by the
   38-5  county's percentage of the total number of defendants added to
   38-6  community supervision under Article 42.12 of this code in the
   38-7  entire state during the preceding state fiscal year.  The minimum
   38-8  amount that a county may receive during a state fiscal year under
   38-9  this subsection is $10,000.  The division shall require as a
  38-10  condition of making a payment under this subsection that the county
  38-11  provide the division with a plan, including a budget and program
  38-12  schedule, indicating the manner in which the payment is to be used
  38-13  for each purpose described by Subsection (d) of this section.  The
  38-14  division may reject the plan, accept the plan, or make acceptance
  38-15  of the plan conditional on modification of the plan and monitoring
  38-16  of the plan by the division.  <The division shall authorize
  38-17  payments under Subsection (a)(1) of this section only if the
  38-18  division determines that the department has made a reasonable
  38-19  effort to maintain workloads for supervising officers that do not
  38-20  exceed the following ratios:>
  38-21              <(1)  one officer or full-time equivalent per 25 cases,
  38-22  with a workload unit value of 4 per case, for cases requiring
  38-23  intensive supervision;>
  38-24              <(2)  one officer or full-time equivalent per 40 cases,
  38-25  with a workload unit value of 2.5 per case, for cases requiring
  38-26  maximum supervision;>
  38-27              <(3)  one officer or full-time equivalent per 75 cases,
   39-1  with a workload unit value of 1.33 per case, for cases requiring a
   39-2  medium level of supervision; and>
   39-3              <(4)  one officer or full-time equivalent per 100
   39-4  cases, with a workload unit value of 1 per case, for cases
   39-5  requiring a minimum level of supervision.>
   39-6        (d)  A county that receives a payment under Subsection (c) of
   39-7  this section shall use not less than 25 percent of the payment for
   39-8  substance abuse prevention and treatment programs and may use the
   39-9  remainder for:
  39-10              (1)  implementation of the community justice plan for
  39-11  the department that serves the county; or
  39-12              (2)  any program serving the juvenile justice needs in
  39-13  the county.  <The division annually shall evaluate its grant
  39-14  payments for facilities described by Section 5 of this article by
  39-15  applying risk assessment instruments developed by the division to
  39-16  determine whether persons confined exhibit levels of risk or needs
  39-17  that if not addressed through the confinement and treatment in a
  39-18  community corrections facility make it probable that the persons
  39-19  would pose unacceptable levels of threat to public safety through
  39-20  additional criminal behavior.  The division shall develop risk
  39-21  assessment instruments for use under this section not later than
  39-22  September 1, 1990.>
  39-23        <(e)  The division may fund community corrections facilities
  39-24  for which standards have been established under Section 5 of this
  39-25  article:>
  39-26              <(1)  on a grant basis;>
  39-27              <(2)  on a per diem basis per person confined; or>
   40-1              <(3)  by a combination of the grant and per diem basis.>
   40-2        <(f)  The division may make payments under Subsection (e)(2)
   40-3  or (e)(3) of this section only from the residential services
   40-4  component of state aid established in the General Appropriations
   40-5  Act.>
   40-6        (e) <(g)>  Each department, county, or municipality shall
   40-7  deposit all state aid received from the division <under this
   40-8  article> in a special fund of the county treasury or municipal
   40-9  treasury, as appropriate, to be used, except as provided by
  40-10  Subsection (d)(2) of this section, solely for the provision of
  40-11  services, programs, and facilities under this article or Subchapter
  40-12  H, Chapter 351, Local Government Code.
  40-13        (f)  The division shall provide state aid to each department
  40-14  on a biennial basis, pursuant to the community justice plan for the
  40-15  biennium submitted by the department.  A department with prior
  40-16  division approval may transfer funds from one program or function
  40-17  to another program or function.
  40-18        Sec. 12.  Refusal or Suspension of State Aid.  (a)  The
  40-19  division shall adjust grant funding for facilities on the basis of
  40-20  annual evaluations made by the division under Section 4(b) <11(d)>
  40-21  of this article.
  40-22        (b)  The division shall take one or more of the following
  40-23  actions against a department that the division determines is not in
  40-24  substantial compliance with division standards or requirements
  40-25  adopted under Sections 2-5 of this article:
  40-26              (1)  a reduction, refusal, or suspension of payment of
  40-27  state aid to the department; or
   41-1              (2)  an imposition of budget control over the
   41-2  department.
   41-3        (c)  The board shall provide for notice and a hearing in
   41-4  cases in which the division proposes to take an action authorized
   41-5  by this section.  The division shall define with specificity the
   41-6  conduct that constitutes substantial noncompliance with division
   41-7  standards and shall establish the procedures to be used in imposing
   41-8  or waiving a sanction authorized by this section, subject to
   41-9  approval of the definition and the procedures by adoption by the
  41-10  board.
  41-11        <Sec. 13.  ><Pretrial Release Report><.  The Community Justice
  41-12  Assistance Division shall collect statistical information on the
  41-13  use of bail bonds, personal bonds and other types of pretrial
  41-14  release in each county of the state.  The information shall be
  41-15  collected on an annual basis and analyzed to determine the
  41-16  utilization rate for each type of release method.  The Division
  41-17  shall file a report of its findings with the Criminal Justice
  41-18  Division of the Governor's Office, the Lieutenant Governor, the
  41-19  Speaker of the House of Representatives, and the members of the
  41-20  Legislature not later than December 31 of each year.>
  41-21        Sec. 13.  Cooperation With Institutional Division
  41-22  <PERFORMANCE REWARDS>.  <(a)  The board shall develop, adopt, and
  41-23  implement a performance rewards program to reward each county
  41-24  served by a department that successfully diverts offenders from
  41-25  confinement.  In developing the program, the board shall consider
  41-26  relevant factors for each county served by a department.  The
  41-27  factors shall include but are not limited to:>
   42-1              <(1)  the personal bond utilization rate in the county;>
   42-2              <(2)  the pretrial diversion rate in the county;>
   42-3              <(3)  the deferred adjudication rate in the county;>
   42-4              <(4)  the probation rate in the county;>
   42-5              <(5)  the probation revocation rate in the county, with
   42-6  separate rates calculated for revocations based on technical
   42-7  grounds and revocations based on grounds other than technical;>
   42-8              <(6)  the utilization rate of residential and
   42-9  nonresidential diversion programs in the county;>
  42-10              <(7)  the institutional division commitment rate in the
  42-11  county;>
  42-12              <(8)  the admission per index crimes rate in the
  42-13  county; and>
  42-14              <(9)  the frequency with which and extent to which the
  42-15  county does not use all admissions to which the county is entitled
  42-16  under the allocation formula.>
  42-17        <(b)  On January 1 of each year, the division shall make the
  42-18  first of four quarterly payments to a county served by a
  42-19  department, other than a county described by Subsection (d) of this
  42-20  section, on the basis of the performance record of the county
  42-21  during the previous state fiscal year in diverting offenders from
  42-22  confinement, as documented by information requested by the division
  42-23  and provided by the department serving the county.  If a county
  42-24  qualifies for a reward under Subsection (a) of this section, the
  42-25  minimum amount that the county is entitled to receive during a
  42-26  state fiscal year is $50,000.  Each department shall provide the
  42-27  information for each county served by the department in a format
   43-1  designed by the division, and each county participating in the
   43-2  performance rewards program shall provide a plan, including a
   43-3  budget schedule, indicating to the division the manner in which the
   43-4  payment is to be used for each of the purposes described by
   43-5  Subsection (c) of this section.  The division may reject the plan,
   43-6  accept the plan, or make acceptance of the plan conditional on
   43-7  modification of the plan and monitoring of the plan by the
   43-8  division.>
   43-9        <(c)  A county that receives a payment under this section
  43-10  shall use not less than 25 percent of the payment for substance
  43-11  abuse prevention and treatment programs and may use the remainder
  43-12  of the payment for:>
  43-13              <(1)  any purposes for which state aid may be used
  43-14  under Section 11(b) of this article;>
  43-15              <(2)  implementation of the community justice plan for
  43-16  that county; or>
  43-17              <(3)  any program serving the criminal justice needs in
  43-18  the county, including certified programs for youthful offenders.>
  43-19        <(d)>  The director of the institutional division shall
  43-20  notify the director of the community justice assistance division if
  43-21  a county fails to fully cooperate with employees of the
  43-22  institutional division who are evaluating inmates who are
  43-23  candidates for release on parole from the county jail.  The
  43-24  director of the community justice assistance division may not make
  43-25  a payment under Section 11(c) of this article <section> to the
  43-26  county described by this section <subsection>.  For the purposes of
  43-27  this section <subsection>, a county fails to fully cooperate with
   44-1  employees of the institutional division if the county does not:
   44-2              (1)  refer candidates for release on parole from jail
   44-3  in the manner required under guidelines established by the board;
   44-4              (2)  provide for each candidate a certified packet
   44-5  containing all documents the county would otherwise have been
   44-6  required to deliver to the director of the institutional division
   44-7  under Section 8, Article 42.09 of this code, plus three photographs
   44-8  and three thumbprint <fingerprint> cards taken in the manner
   44-9  provided by Article 38.33 of this code;
  44-10              (3)  hold candidates until the candidates are denied
  44-11  parole or released on parole, unless to do so would mean the county
  44-12  failed to use all admissions allocated to the county under Section
  44-13  499.071, Government Code; or
  44-14              (4)  permit the employees access to inmates or inmate
  44-15  records or does not provide the employees with sufficient space to
  44-16  conduct their evaluations.
  44-17        <(e)  The community justice assistance division annually
  44-18  shall determine for each county whether the county has a successful
  44-19  personal bond utilization rate in the county and a successful
  44-20  pretrial diversion program.  The division shall report its findings
  44-21  to the Legislative Criminal Justice Board not later than December
  44-22  31 of each year.>
  44-23        SECTION 2.02.  Article 42.131, Code of Criminal Procedure, is
  44-24  amended to read as follows:
  44-25        Art. 42.131.  COMMUNITY SUPERVISION AND CORRECTIONS
  44-26  DEPARTMENTS
  44-27        Sec. 1.  Definitions.  In this article:
   45-1              (1)  "Board" means the Texas Board of Criminal Justice.
   45-2              (2)  "Community supervision" has the meaning assigned
   45-3  by Section 2, Article 42.12, of this code.
   45-4              (3)  "Council" means a community justice council.
   45-5              (4) <(3)>  "Department" means a community supervision
   45-6  and corrections department established under this article.
   45-7              (5) <(4)>  "Division" means the community justice
   45-8  assistance division of the board.
   45-9        Sec. 2.  Establishment of Departments.  (a)  The district
  45-10  judge or district judges trying criminal cases in each judicial
  45-11  district in the state shall establish a community supervision and
  45-12  corrections department and employ district personnel as may be
  45-13  necessary to conduct presentence investigations <and risk
  45-14  assessments>, supervise and rehabilitate defendants placed on
  45-15  community supervision <probationers>, enforce the <terms and>
  45-16  conditions of community supervision <probation>, and staff
  45-17  community corrections facilities.  Both the district judges trying
  45-18  criminal cases and the judges of statutory county courts trying
  45-19  criminal cases that are served by a community supervision and
  45-20  corrections department are entitled to participate in the
  45-21  management of the department.
  45-22        (b)  If two or more judicial districts serve a county, or a
  45-23  district includes more than one county, one department shall serve
  45-24  all courts and counties in the district.  However, the board may
  45-25  adopt rules to allow more than one department in a judicial
  45-26  district that includes more than one county if providing more than
  45-27  one department will promote administrative convenience or economy
   46-1  or improve services.  The board may adopt rules allowing
   46-2  departments to contract with one another for services and
   46-3  facilities.
   46-4        Sec. 3.  <Community Corrections Facilities;> Community
   46-5  Justice Council.  (a)  <Subject to Subsection (b) of this section,
   46-6  a department, county, municipality, or any combination involving
   46-7  more than one of those entities may establish community corrections
   46-8  facilities of the types described by Section 5, Article 42.13, of
   46-9  this code.  A department, county, municipality, or combination
  46-10  involving more than one of those entities is specifically
  46-11  encouraged to purchase or enter into contracts for the use of
  46-12  abandoned or underutilized public facilities, such as rural
  46-13  hospitals, for the purpose of providing treatment facilities.  The
  46-14  division may make grants to departments that use abandoned or
  46-15  underutilized facilities described by this subsection.>
  46-16        <(b)>  A community justice council must be established by the
  46-17  district judge or judges in each jurisdiction served by a
  46-18  department, unless a board or council exists in the community on
  46-19  September 1, 1991, that performs duties substantially similar to
  46-20  those imposed on a community justice council under this section.
  46-21  The council shall provide continuing policy guidance and direction
  46-22  for the development of community <criminal> justice plans and
  46-23  community corrections facilities and programs.  A council should
  46-24  consist of the following persons or their designees:
  46-25              (1)  a sheriff of a county to be served by the
  46-26  department, chosen by the sheriffs of the counties to be served by
  46-27  the department;
   47-1              (2)  a county commissioner or a county judge from a
   47-2  county to be served by the department, chosen by the county
   47-3  commissioners and county judges of the counties to be served by the
   47-4  department;
   47-5              (3)  a city council member of the most populous
   47-6  municipality in a county to be served by the department, chosen by
   47-7  the members of the city councils of cities to be served by the
   47-8  department;
   47-9              (4)  not more than two state legislators elected from a
  47-10  county to be served by the department, chosen by the state
  47-11  legislators elected from the counties to be served by the
  47-12  department;
  47-13              (5)  the presiding judge from a judicial district to be
  47-14  served by the department, chosen by the district judges from the
  47-15  judicial districts to be served by the department;
  47-16              (6)  a judge of a statutory county court exercising
  47-17  criminal jurisdiction in a county to be served by the department,
  47-18  to be chosen by the judges of statutory county courts with criminal
  47-19  jurisdiction in the counties to be served by the department;
  47-20              (7)  a county attorney with criminal jurisdiction from
  47-21  a county to be served by the department, chosen by the county
  47-22  attorneys with criminal jurisdiction from the counties to be served
  47-23  by the department;
  47-24              (8)  a district attorney or criminal district attorney
  47-25  from a judicial district to be served by the department, chosen by
  47-26  the district attorneys or criminal district attorneys from the
  47-27  judicial districts to be served by the department; and
   48-1              (9)  an elected member of the board of trustees of an
   48-2  independent school district in a county to be served by the
   48-3  department, chosen by the members of the boards of trustees of
   48-4  independent school districts located in counties to be served by
   48-5  the department.
   48-6        (b) <(c)>  The community justice council shall appoint a
   48-7  community justice task force to provide support staff for the
   48-8  development of a community justice plan.  The task force may
   48-9  consist of any number of members, but should include:
  48-10              (1)  the county or regional director of the Texas
  48-11  Department of Human Services with responsibility for the area to be
  48-12  served by the department;
  48-13              (2)  the chief of police of the most populous
  48-14  municipality to be served by the department;
  48-15              (3)  the chief juvenile probation officer of the
  48-16  juvenile probation office serving the most populous area to be
  48-17  served by the department;
  48-18              (4)  the superintendent of the most populous school
  48-19  district to be served by the department;
  48-20              (5)  the supervisor of the Department of Public Safety
  48-21  region closest to the department, or the supervisor's designee;
  48-22              (6)  the county or regional director of the Texas
  48-23  Department of Mental Health and Mental Retardation with
  48-24  responsibility for the area to be served by the department;
  48-25              (7)  a substance abuse treatment professional appointed
  48-26  by the Council of Governments serving the area to be served by the
  48-27  department;
   49-1              (8)  the department director <chief>;
   49-2              (9)  the local or regional representative of the
   49-3  pardons and paroles division of the Texas Department of Criminal
   49-4  Justice <Board of Pardons and Paroles Division> with responsibility
   49-5  for the area to be served by the department;
   49-6              (10)  the representative of the Texas Employment
   49-7  Commission with responsibility for the area to be served by the
   49-8  department;
   49-9              (11)  the representative of the Texas Rehabilitation
  49-10  Commission with responsibility for the area to be served by the
  49-11  department;
  49-12              (12)  a licensed attorney who practices in the area to
  49-13  be served by the department and whose practice consists primarily
  49-14  of criminal law;
  49-15              (13)  a court administrator, if one serves the area to
  49-16  be served by the department;
  49-17              (14)  a representative of a community service
  49-18  organization that provides adult treatment, educational, or
  49-19  vocational services to the area to be served by the department; and
  49-20              (15)  a representative of an organization in the area
  49-21  to be served by the department that is actively involved in issues
  49-22  relating to defendants' rights, chosen by the county commissioners
  49-23  and county judges of the counties to be served by the department.
  49-24        (c)  Not later than _____________ the department directors
  49-25  for each work facility region established under Section 9, Article
  49-26  42.13, of this code shall meet and elect from their membership a
  49-27  nine-member planning committee for their respective regions to
   50-1  perform the duties imposed on planning committees under Section 9.
   50-2  The community justice councils serving Dallas County and Harris
   50-3  County shall each appoint a nine-member planning committee to
   50-4  perform those duties.
   50-5        Sec. 4.  Department Director.  The district judge or judges
   50-6  shall appoint a department director who must meet, at a minimum,
   50-7  the eligibility requirements for officers established under Section
   50-8  5 of this article.  The department director shall employ a
   50-9  sufficient number of officers and other employees to perform the
  50-10  professional and clerical work of the department.
  50-11        Sec. 5.  Standards for Officers.  (a)  Officers appointed by
  50-12  the department director must comply with a code of ethics developed
  50-13  by the division.
  50-14        (b)  To be eligible for appointment on or after September 1,
  50-15  1989, <the effective date of this Act> as an officer who supervises
  50-16  defendants placed on or sentenced to community supervision
  50-17  <probationers> a person:
  50-18              (1)  must have acquired a bachelor's degree conferred
  50-19  by an institution of higher education accredited by an accrediting
  50-20  organization recognized by the Texas Higher Education Coordinating
  50-21  Board; and
  50-22              (2)  unless the bachelor's degree is in criminology,
  50-23  corrections, counseling, law, social work, psychology, sociology,
  50-24  or a related field that has been approved by the division, must
  50-25  have:
  50-26                    (A)  one year of graduate study in one of those
  50-27  fields; or
   51-1                    (B)  one year of experience in full-time
   51-2  casework, counseling, or community or group work that has been
   51-3  approved by the division.
   51-4        (c)  A person employed as a peace officer is not eligible for
   51-5  appointment as an officer under this section.
   51-6        (d)  The division may establish a waiver procedure for
   51-7  departments unable to hire persons meeting the requirements under
   51-8  Subsection (b)(2) of this section.
   51-9        Sec. 6.  Employees; Benefits.  (a)  Except as provided by
  51-10  Subsection (c) of this section, department employees are not state
  51-11  employees.  The department shall contract with the most populous
  51-12  county served by the department for insurance and retirement plans,
  51-13  and the employees are governed by personnel policies and benefits
  51-14  equal to or more favorable to employees than <the same> personnel
  51-15  policies for and benefits of other <as the> employees of that
  51-16  county.
  51-17        (b)  The judicial districts served by a department shall pay
  51-18  the salaries of department employees.
  51-19        (c)  Department employees are state employees for the
  51-20  purposes of Chapter 104, Civil Practice and Remedies Code, and
  51-21  Article 8309g, Revised Statutes.  A department is a governmental
  51-22  unit for the purposes of Section 101.103(a), Civil Practice and
  51-23  Remedies Code.
  51-24        (d)  The department shall provide transportation or
  51-25  automobile allowances for officers who supervise probationers.
  51-26        Sec. 7.  Public Funds <State Aid>, Grants, Gifts.  A
  51-27  department may accept public funds <state aid> and grants and gifts
   52-1  from any source for the purpose of financing programs and
   52-2  facilities.  A municipality, county, or other political subdivision
   52-3  may make grants to a department for those purposes.
   52-4        Sec. 8.  Counties' Financial Responsibilities.  (a)  The
   52-5  county or counties served by a department shall provide physical
   52-6  facilities, equipment, and utilities for a department.  The
   52-7  division shall monitor the support a county provides under this
   52-8  section and determine whether a county provides support that meets
   52-9  the standards for minimum support established by the division.  If
  52-10  the division determines that a county's support is insufficient,
  52-11  the division may impose on the department a sanction authorized by
  52-12  Section 12, Article 42.13, of this code.
  52-13        (b)  If a department serves two or more counties, those
  52-14  counties may enter into an agreement for the distribution of the
  52-15  expenses of facilities, equipment, and utilities.
  52-16        Sec. 9.  District's Financial Responsibilities.  (a)  The
  52-17  district judge or judges may expend district funds in order to
  52-18  provide expanded facilities, equipment, and utilities if:
  52-19              (1)  the department needs to increase its personnel in
  52-20  order to provide more effective services or to meet workload
  52-21  requirements established under Article 42.13 of this code;
  52-22              (2)  the county or counties certify to the judge or
  52-23  judges that they have neither adequate space in county-owned
  52-24  buildings nor adequate funds to lease additional physical
  52-25  facilities, purchase additional equipment, or pay for additional
  52-26  utilities required by the department; and
  52-27              (3)  the county or counties provide facilities,
   53-1  equipment, and utilities at or above the levels required by the
   53-2  division.
   53-3        (b)  The division shall set as the level of contribution a
   53-4  county or counties must meet or exceed to receive district funds
   53-5  under Subsection (a) of this section a level not lower than the
   53-6  average level provided by the county or counties during the fiscal
   53-7  year in which the funds are to be received and the four fiscal
   53-8  years immediately preceding that year <fiscal years of 1983-87>.
   53-9        Sec. 10.  State Funds or Guarantees for Corrections
  53-10  Facilities.  (a)  In this section, "community corrections facility"
  53-11  has the meaning assigned by Section 1(b), Article 42.13, of this
  53-12  code.
  53-13        (b)  A department, county, municipality, or a combination
  53-14  involving more than one of those entities may establish a community
  53-15  corrections facility and are specifically encouraged to purchase or
  53-16  enter into a contract for the use of abandoned or underutilized
  53-17  public facilities, such as former military bases and rural
  53-18  hospitals, for the purpose of providing community corrections
  53-19  facilities.
  53-20        (c)  The district judge or judges may authorize expenditures
  53-21  of funds provided by the division to the department for the
  53-22  purposes of providing facilities, equipment, and utilities for
  53-23  community corrections facilities if:
  53-24              (1)  the community justice council recommends the
  53-25  expenditures; and
  53-26              (2)  the division provides funds for the purpose of
  53-27  assisting in the establishment or improvement of the facilities.
   54-1        (d)  A judicial district may acquire, hold title to, and own
   54-2  real property for the purpose of establishing a community
   54-3  corrections facility.
   54-4        (e)  A department, county, municipality, or a combination
   54-5  involving more than one of those entities may not use a facility or
   54-6  real property purchased, acquired, or improved with state funds
   54-7  unless the division first approves the use.
   54-8        (f)  The division is entitled to reimbursement from an entity
   54-9  described by Subsection (e) of this section of all state funds used
  54-10  by the entity without division approval as required by Subsection
  54-11  (e).
  54-12        Sec. 11.  ADDITIONAL <PRETRIAL> Services.  (a)  The
  54-13  department may operate programs for the supervision and
  54-14  rehabilitation of persons in deferred prosecution programs,
  54-15  pretrial intervention programs, pretrial bonding programs, and
  54-16  programs providing supervised release for persons on conditional
  54-17  bond.  <Programs may include testing for controlled substances.>
  54-18  Persons in <pretrial intervention> programs described by this
  54-19  subsection may be supervised and made subject to the conditions
  54-20  under Section 11, Article 42.12, of this code for a period not to
  54-21  exceed one year, except as otherwise provided by law.
  54-22        (b)  The department may use money deposited in the special
  54-23  fund of the county treasury for the department under Article
  54-24  103.004(b) of this code only for the same purposes for which state
  54-25  aid may be used under this article.
  54-26        (c)  This section does not apply to a person charged with an
  54-27  offense under Sections 49.04-49.08, Penal Code.
   55-1        Sec. 12.  COLLECTION SERVICE; MISCELLANEOUS FEES.  (a)  A
   55-2  department may collect money from an individual as ordered by a
   55-3  court served by the department regardless of whether the individual
   55-4  is under the department's supervision.
   55-5        (b)  A department that collects money under this section
   55-6  shall promptly transfer the money collected to the appropriate
   55-7  county or state officer.
   55-8        (c)  A department may assess a reasonable administrative fee
   55-9  on an individual who participates in a department program or
  55-10  receives department services and who is not paying a monthly fee
  55-11  under Section 19, Article 42.12, of this code.
  55-12        Sec. 13.  RESTITUTION.  (a)  If a judge requires a defendant
  55-13  to make restitution to a victim of the defendant's offense, and a
  55-14  payment is received under this article from the defendant for
  55-15  transmittal to a victim of the offense, the community supervision
  55-16  and corrections department that receives the payment for
  55-17  disbursement to the victim shall immediately deposit the payment in
  55-18  an interest-bearing account in the department having original
  55-19  jurisdiction.  The department shall transmit the payment to the
  55-20  victim as soon as practicable.
  55-21        (b)  If a victim cannot be located, immediately after
  55-22  receiving a final payment in satisfaction of an order of
  55-23  restitution for the victim the department shall attempt to notify
  55-24  the victim of that fact by certified mail, mailed to the last known
  55-25  address of the victim.  If a victim then makes a claim for payment,
  55-26  the department promptly shall remit the payment to the victim.  Not
  55-27  earlier than the fifth anniversary of the date on which the
   56-1  department mails notice under this subsection, if the victim has
   56-2  not made a claim for payment, the department shall transfer the
   56-3  payment from the interest-bearing account to the comptroller of
   56-4  public accounts, after deducting five percent of the payment as a
   56-5  collection fee and deducting any interest accrued on the payment.
   56-6  The comptroller shall deposit the payment in the state treasury to
   56-7  the credit of the compensation to victims of crime auxiliary fund.
   56-8        (c)  The collection fee under Subsection (b) of this section
   56-9  and the accrued interest under Subsections (a) and (b) of this
  56-10  section shall be deposited in the special fund of the county
  56-11  treasury provided by Section 11, Article 42.13, of this code to be
  56-12  used for the same purposes for which state aid may be used under
  56-13  that section.  The department has a maximum of 121 days after the
  56-14  four-year expiration date to transfer the funds to the
  56-15  comptroller's office.  Failure to comply with the 121-day deadline
  56-16  will result in a five percent collection fee penalty calculated
  56-17  from the total deposit and all interest attributable to the
  56-18  unclaimed funds.
  56-19        (d)  If the victim of the offense claims the payment during
  56-20  the four-year period in which the payment is held in the
  56-21  interest-bearing account, the department shall pay the victim the
  56-22  amount of the original payment, less any interest earned while
  56-23  holding the payment.  After the payment has been transferred to the
  56-24  comptroller, the department has no liability in regard to the
  56-25  payment, and any claim for the payment must be made to the
  56-26  comptroller.  If the victim makes a claim to the comptroller, the
  56-27  comptroller shall pay the victim the amount of the original
   57-1  payment, less the collection fee, from the compensation to victims
   57-2  of crime auxiliary fund.
   57-3        Sec. 14.  PROGRAM TO ASSESS AND ENHANCE DEFENDANT'S
   57-4  EDUCATIONAL AND VOCATIONAL SKILLS.  (a)  A department, with the
   57-5  assistance of public school districts, community and public junior
   57-6  colleges, public and private institutions of higher education, and
   57-7  other appropriate public and private entities, may establish a
   57-8  developmental program for a defendant under the supervision of the
   57-9  department on the basis of information obtained in the presentence
  57-10  investigation report prepared for the defendant.
  57-11        (b)  The developmental program may provide the defendant with
  57-12  the educational and vocational training necessary to:
  57-13              (1)  meet the average skill level of students who have
  57-14  completed the sixth grade in public schools in this state; and
  57-15              (2)  maintain employment while under the supervision of
  57-16  the department, to lessen the likelihood that the defendant will
  57-17  commit additional offenses.
  57-18        (c)  To decrease expenditures by community supervision and
  57-19  corrections departments for the educational and vocational skills
  57-20  assessment and enhancement program established under this section,
  57-21  the Texas Department of Commerce shall provide information to
  57-22  departments, public school districts, community and public junior
  57-23  colleges, public and private institutions of higher education, and
  57-24  other appropriate public and private entities for obtaining
  57-25  financial assistance through the Texas Job-Training Partnership Act
  57-26  (Article 4413(52), Vernon's Texas Civil Statutes) and other
  57-27  applicable programs of public or private entities.
   58-1        SECTION 2.03.  (a)  Section 493.003(b), Government Code, is
   58-2  amended to read as follows:
   58-3        (b)  The chief justice of the Supreme Court of Texas and the
   58-4  presiding judge of the Texas Court of Criminal Appeals shall each
   58-5  appoint six members to serve as the judicial advisory council to
   58-6  the community justice assistance division and the board.  The
   58-7  advisory council members serve staggered six-year terms, with the
   58-8  terms of four of the members expiring February 1 of each
   58-9  odd-numbered year.  In the event of a vacancy during a term, the
  58-10  appointing authority for the member who vacated the office shall
  58-11  appoint a replacement to fill the unexpired portion of the term <at
  58-12  the will of the appointing judge>.  The advisory council shall
  58-13  advise the director of the community justice assistance division
  58-14  and the board on matters of interest to the judiciary, and the
  58-15  director and the board shall carefully consider the advice.
  58-16  Members of the advisory council are not entitled to compensation
  58-17  but are entitled to reimbursement for actual and necessary expenses
  58-18  in the conduct of their duties, as provided by the General
  58-19  Appropriations Act.
  58-20        (b)  The change in the terms of the members of the judicial
  58-21  advisory council to the community justice assistance division of
  58-22  the Texas Department of Criminal Justice and the Texas Board of
  58-23  Criminal Justice, as required by the amendment to Section
  58-24  493.003(b), Government Code, made by Subsection (a) of this
  58-25  section, shall occur in the manner provided by this subsection.
  58-26  The chief justice of the Supreme Court of Texas and the presiding
  58-27  judge of the Texas Court of Criminal Appeals shall appoint the
   59-1  initial members of the six-year term advisory council on or before
   59-2  __________, and on the date of appointment the terms of the members
   59-3  serving at-will terms expire.  Of the members, the chief justice
   59-4  and the presiding judge each shall appoint four to serve terms
   59-5  expiring February 1, 1995, four to serve terms expiring September
   59-6  1, 1997, and four to serve terms expiring September 1, 1999.  On
   59-7  expiration of those terms, the term of a member is six years, as
   59-8  provided by Section 493.003(b).
   59-9        SECTION 2.04.  (a)  Article 102.012, Code of Criminal
  59-10  Procedure, is amended to read as follows:
  59-11        Art. 102.012.  FEES FOR PRETRIAL <INTERVENTION> PROGRAMS.  A
  59-12  person in a pretrial intervention program, deferred prosecution
  59-13  program, pretrial bonding program, or program providing supervised
  59-14  release for persons on conditional bond established under Section
  59-15  11, Article 42.131 of this code, may be assessed a fee that equals
  59-16  the actual cost to a community supervision and corrections
  59-17  department, not to exceed $500, for supervision of the defendant by
  59-18  the department or programs provided to the defendant by the
  59-19  department as part of the pretrial intervention program.
  59-20        (b)  The change in law made by Subsection (a) of this section
  59-21  to Article 102.012, Code of Criminal Procedure, applies only to a
  59-22  fee imposed for a service provided on or after the effective date
  59-23  of this article.
  59-24        SECTION 2.05.  Subchapter C, Chapter 102, Code of Criminal
  59-25  Procedure, is amended by adding Article 102.072 to read as follows:
  59-26        Art. 102.072.  ADMINISTRATIVE FEE.  An officer listed in
  59-27  Article 103.003 or a community supervision and corrections
   60-1  department may assess an administrative fee for each transaction or
   60-2  administrative action taken by the officer or department relating
   60-3  to the collection of money or the discharge of a sentence by a
   60-4  method other than the payment of money.  The fee may not exceed $2
   60-5  for each transaction or administrative action.
   60-6        SECTION 2.06.  Article 103.003, Code of Criminal Procedure,
   60-7  is amended to read as follows:
   60-8        Art. 103.003.  COLLECTION.  District and county attorneys,
   60-9  clerks of district and county courts, sheriffs, constables, <and>
  60-10  justices of the peace, and community supervision and corrections
  60-11  departments may collect money payable under this title and as
  60-12  otherwise provided by law.
  60-13                               ARTICLE 3
  60-14        SECTION 3.01.  Article 42.12, Code of Criminal Procedure, is
  60-15  amended to read as follows:
  60-16        Art. 42.12.  COMMUNITY SUPERVISION <ADULT PROBATION>
  60-17        Sec. 1.  Purpose.  It is the purpose of this article
  60-18  <Article> to place wholly within the state <State> courts <of
  60-19  appropriate jurisdiction> the responsibility for determining when
  60-20  the imposition of sentence in certain cases shall be suspended, the
  60-21  conditions of community supervision <probation>, and the
  60-22  supervision of defendants placed on community supervision
  60-23  <probationers>, in consonance with the powers assigned to the
  60-24  judicial branch of this government by the Constitution of Texas.
  60-25  It is the purpose of this article <Article> to remove from existing
  60-26  statutes the limitations, other than questions of
  60-27  constitutionality, that have acted as barriers to effective systems
   61-1  of community supervision <probations> in the public interest.
   61-2        Sec. 2.  Definitions.  In this article <Article>:
   61-3              (1)  "Court" means a court <"Courts" shall mean the
   61-4  courts> of record having original criminal jurisdiction.
   61-5              (2)  "Community supervision" means <"Probation" shall
   61-6  mean> the placement <supervised release> of a <convicted> defendant
   61-7  by a court under a continuum of programs and sanctions, with
   61-8  conditions imposed by the court for a specified period during
   61-9  which:
  61-10                    (A)  criminal proceedings are deferred without an
  61-11  adjudication of guilt;
  61-12                    (B)  a sentence of confinement or confinement and
  61-13  fine is probated and the imposition of sentence is suspended in
  61-14  whole or in part;
  61-15                    (C)  a sentence of community supervision under
  61-16  Section 12.35, Penal Code, is served; or
  61-17                    (D)  a period of post-imprisonment supervision is
  61-18  served.
  61-19              (3)  "Supervision officer" means <"Probation officer"
  61-20  shall mean either> a person <duly> appointed or employed under
  61-21  Section 4, Article 42.131 of this code <by one or more courts of
  61-22  record having original criminal jurisdiction> to supervise
  61-23  defendants placed on community supervision <probation; or a person
  61-24  designated by such courts for such duties on a part-time basis>.
  61-25              <(4)  "Probationer" means a defendant who is on
  61-26  probation.>
  61-27        Sec. 3.  JUDGE <COURT> ORDERED COMMUNITY SUPERVISION
   62-1  <PROBATION>.  (a)  A judge, in the best interest of justice, the
   62-2  public, and the defendant, after conviction or a plea of guilty or
   62-3  nolo contendere, may suspend the imposition of the sentence and
   62-4  place the defendant on community supervision or impose a fine
   62-5  applicable to the offense and place the defendant on community
   62-6  supervision.
   62-7        (b)  In a felony case the minimum period of community
   62-8  supervision is two years and the maximum period of community
   62-9  supervision is five years.
  62-10        (c)  The maximum period of community supervision in a
  62-11  misdemeanor case is two years.
  62-12        (d)  A judge may increase the maximum period of community
  62-13  supervision in the manner provided by Section 22(b) of this
  62-14  article.
  62-15        (e)  A defendant is not eligible for community supervision
  62-16  under this section if the defendant:
  62-17              (1)  is convicted of or enters a plea of guilty or nolo
  62-18  contendere to capital murder;
  62-19              (2)  is sentenced to serve a term of community
  62-20  supervision under Section 12.35, Penal Code; or
  62-21              (3)  does not file a sworn motion under Subsection (f)
  62-22  of this section or for whom the judge does not enter in the verdict
  62-23  a finding that the information contained in the motion is correct.
  62-24        (f)  A defendant is eligible for community supervision under
  62-25  this section only if before the trial begins the defendant files a
  62-26  written sworn motion with the judge that the defendant has not
  62-27  previously been convicted of two or more felonies in this or any
   63-1  other state, or if the defendant is charged with a first degree
   63-2  felony or murder, that the defendant has not been previously
   63-3  convicted of any felony in this or any other state, and the judge
   63-4  enters in the verdict a finding that the information in the
   63-5  defendant's motion is correct.  <The judges of the courts of the
   63-6  State of Texas having original jurisdiction of criminal actions,
   63-7  when it shall appear to the satisfaction of the court that the ends
   63-8  of justice and the best interests of the public as well as the
   63-9  defendant will be subserved thereby, shall have the power, after
  63-10  conviction or a plea of guilty or nolo contendere for any crime or
  63-11  offense, where the maximum punishment assessed against the
  63-12  defendant does not exceed ten years imprisonment, to suspend the
  63-13  imposition of the sentence and may place the defendant on probation
  63-14  or impose a fine applicable to the offense committed and also place
  63-15  the defendant on probation as hereinafter provided.  Except as
  63-16  otherwise provided by this section, in all felony cases where the
  63-17  punishment is assessed by the Court it may fix the period of
  63-18  probation without regard to the term of punishment assessed, but in
  63-19  no event may the period of probation be greater than 10 years or
  63-20  less than the minimum prescribed for the offense for which the
  63-21  defendant was convicted.  In a misdemeanor case in which
  63-22  confinement is imposed by the court or in a third-degree felony
  63-23  case punished under Section 12.34(a)(2), Penal Code, the period of
  63-24  probation shall be for a period of time not to exceed the maximum
  63-25  confinement applicable to the offense or two years, whichever
  63-26  period is greater.  Any such person placed on probation, whether in
  63-27  a trial by jury or before the court, shall be under the supervision
   64-1  of such court.>
   64-2        <Sec. 3g.  LIMITATION ON COURT ORDERED PROBATION.  (a)  The
   64-3  provisions of Section 3 of this article do not apply:>
   64-4              <(1)  to a defendant adjudged guilty of an offense
   64-5  defined by the following sections of the Penal Code:>
   64-6                    <(A)  Section 19.03 (Capital murder);>
   64-7                    <(B)  Section 20.04 (Aggravated kidnapping);>
   64-8                    <(C)  Section 22.021 (Aggravated sexual assault);>
   64-9                    <(D)  Section 29.03 (Aggravated robbery); or>
  64-10              <(2)  to a defendant when it is shown that a deadly
  64-11  weapon as defined in Section 1.07(a)(11), Penal Code, was used or
  64-12  exhibited during the commission of a felony offense or during
  64-13  immediate flight therefrom, and that the defendant used or
  64-14  exhibited a deadly weapon or was a party to the offense and knew
  64-15  that a deadly weapon would be used or exhibited.  On an affirmative
  64-16  finding under this subdivision, the trial court shall enter the
  64-17  finding in the judgment of the court.  On an affirmative finding
  64-18  that the deadly weapon was a firearm, the court shall enter that
  64-19  finding in its judgment.>
  64-20        <(b)  If there is an affirmative finding under Subsection
  64-21  (a)(2) in the trial of a felony of the second degree or higher that
  64-22  the deadly weapon used or exhibited was a firearm and the defendant
  64-23  is granted probation, the court may order the defendant confined in
  64-24  the institutional division of the Texas Department of Criminal
  64-25  Justice for not less than 60 and not more than 120 days.  At any
  64-26  time after the defendant has served 60 days in the custody of the
  64-27  institutional division, the sentencing judge, on his own motion or
   65-1  on motion of the defendant, may order the defendant released to
   65-2  probation.  The institutional division shall release the defendant
   65-3  to probation after he has served 120 days.>
   65-4        Sec. 4.  JURY RECOMMENDED COMMUNITY SUPERVISION <PROBATION>.
   65-5  (a)  A jury that imposes confinement as punishment for an offense
   65-6  may recommend to the judge that the judge suspend the imposition of
   65-7  the sentence and place the defendant on community supervision.  A
   65-8  judge shall suspend the imposition of the sentence and place the
   65-9  defendant on community supervision if the jury makes that
  65-10  recommendation in the verdict.
  65-11        (b)  If the jury recommends to the judge that the judge place
  65-12  the defendant on community supervision, the judge shall place the
  65-13  defendant on community supervision for any period permitted under
  65-14  Section 3(b) or 3(c) of this article, as appropriate.
  65-15        (c)  A judge may increase the maximum period of community
  65-16  supervision in the manner provided by Section 22(b) of this
  65-17  article.
  65-18        (d)  A defendant is not eligible for community supervision
  65-19  under this section if the defendant:
  65-20              (1)  is convicted of capital murder;
  65-21              (2)  is sentenced to serve a term of community
  65-22  supervision under Section 12.35, Penal Code; or
  65-23              (3)  does not file a sworn motion under Subsection (e)
  65-24  of this section or for whom the jury does not enter in the verdict
  65-25  a finding that the information contained in the motion is correct.
  65-26        (e)  A defendant is eligible for community supervision under
  65-27  this section only if before the trial begins the defendant files a
   66-1  written sworn motion with the judge that the defendant has not
   66-2  previously been convicted of a felony in this or any other state,
   66-3  and the jury enters in the verdict a finding that the information
   66-4  in the defendant's motion is correct.  <When there is a felony
   66-5  conviction in any court of this State and the punishment assessed
   66-6  by the jury shall not exceed ten years, the jury may recommend
   66-7  probation for a period of any term of years authorized for the
   66-8  offense for which the defendant was convicted, but in no event for
   66-9  more than ten years, upon written sworn motion made therefor by the
  66-10  defendant, filed before the trial begins.  When the jury recommends
  66-11  probation, it may also assess a fine applicable to the offense for
  66-12  which the defendant was convicted.  When the trial is to a jury,
  66-13  and the defendant has no counsel, the court shall inform the
  66-14  defendant of his right to make such motion, and the court shall
  66-15  appoint counsel to prepare and present same, if desired by the
  66-16  defendant.  In no case shall probation be recommended by the jury
  66-17  except when the sworn motion and proof shall show, and the jury
  66-18  shall find in their verdict that the defendant has never before
  66-19  been convicted of a felony in this or any other State.  This law is
  66-20  not to be construed as preventing the jury from passing on the
  66-21  guilt of the defendant, but he may enter a plea of not guilty.  In
  66-22  all eligible cases, probation shall be granted by the court, if the
  66-23  jury recommends it in their verdict, for the period recommended by
  66-24  the jury.  This section does not apply to a defendant adjudged
  66-25  guilty of an offense under Section 481.122, Texas Controlled
  66-26  Substances Act (Chapter 481, Health and Safety Code), if it is
  66-27  shown on the trial of the offense that the defendant was 21 years
   67-1  of age or older at the time the offense was committed by his own
   67-2  conduct.>
   67-3        <(b)  Where there is a misdemeanor conviction in any court of
   67-4  this state and the punishment assessed by the jury shall be by
   67-5  imprisonment in jail or by a fine or by both such fine and
   67-6  imprisonment, the jury may recommend probation for a period of time
   67-7  not to exceed two years, upon sworn motion made therefor by the
   67-8  defendant, filed before the penalty stage of the trial begins.
   67-9  When the jury recommends probation, it may recommend that the
  67-10  imprisonment or fine or both such fine and imprisonment found in
  67-11  its verdict may be probated.  When the trial is to a jury and the
  67-12  defendant has no counsel, the court shall inform the defendant of
  67-13  his right to make such motion, and the court shall appoint counsel
  67-14  to prepare and present same, if desired by the defendant.  In no
  67-15  case shall probation be recommended by the jury except when the
  67-16  defendant, before the trial began, had filed a sworn statement that
  67-17  the defendant has never before been convicted of a felony, and
  67-18  after conviction and before the penalty stage of the trial began,
  67-19  the defendant shall have filed a sworn motion for probation and the
  67-20  proof shall show and the jury shall find in their verdict that the
  67-21  defendant has never before been convicted of a felony in this or
  67-22  any other state.  This law is not to be construed as preventing the
  67-23  jury from passing on the guilt of the defendant, but the defendant
  67-24  may enter a plea of not guilty.  In all eligible cases, probation
  67-25  shall be granted by the court, if the jury recommends it in their
  67-26  verdict.>
  67-27        <(c)  This section does not prohibit a court from granting
   68-1  probation in a case if the jury in the case does not recommend
   68-2  probation.>
   68-3        Sec. 5.  Deferred Adjudication.  (a)  Except as provided by
   68-4  Subsection (d) of this section, when in its opinion the best
   68-5  interest of society and the defendant will be served, the judge
   68-6  <court> may, after receiving a plea of guilty or plea of nolo
   68-7  contendere, hearing the evidence, and finding that it substantiates
   68-8  the defendant's guilt, defer further proceedings without entering
   68-9  an adjudication of guilt, and place the defendant on community
  68-10  supervision <probation>.  The judge <court> shall inform the
  68-11  defendant orally or in writing of the possible consequences under
  68-12  Subsection (b) of this section of a violation of community
  68-13  supervision <probation>.  If the information is provided orally,
  68-14  the judge <court> must record and maintain the court's statement to
  68-15  the defendant.  In a felony case, the period of community
  68-16  supervision <probation> may not exceed five <10> years. In a
  68-17  misdemeanor case, the period of community supervision <probation>
  68-18  may not exceed two years.  A judge may increase the maximum period
  68-19  of community supervision in the manner provided by Section 22(b) of
  68-20  this article.  The judge <court> may impose a fine applicable to
  68-21  the offense and require any reasonable terms and conditions of
  68-22  community supervision <probation>.  However, upon written motion of
  68-23  the defendant requesting final adjudication filed within 30 days
  68-24  after entering such plea and the deferment of adjudication, the
  68-25  judge <court> shall proceed to final adjudication as in all other
  68-26  cases.
  68-27        (b)  On violation of a condition of community supervision
   69-1  <probation> imposed under Subsection (a) of this section, the
   69-2  defendant may be arrested and detained as provided in Section 21
   69-3  <24> of this article <Article>.  The defendant is entitled to a
   69-4  hearing limited to the determination by the court of whether it
   69-5  proceeds with an adjudication of guilt on the original charge.  No
   69-6  appeal may be taken from this determination.  After an adjudication
   69-7  of guilt, all proceedings, including assessment of punishment,
   69-8  pronouncement of sentence, granting of community supervision
   69-9  <probation>, and defendant's appeal continue as if the adjudication
  69-10  of guilt had not been deferred.
  69-11        (c)  On expiration of a community supervision <probationary>
  69-12  period imposed under Subsection (a) of this section, if the judge
  69-13  <court> has not proceeded to adjudication of guilt, the judge
  69-14  <court> shall dismiss the proceedings against the defendant and
  69-15  discharge him.  The judge <court> may dismiss the proceedings and
  69-16  discharge the defendant prior to the expiration of the term of
  69-17  community supervision <probation> if in the judge's <its> opinion
  69-18  the best interest of society and the defendant will be served.  A
  69-19  dismissal and discharge under this section may not be deemed a
  69-20  conviction for the purposes of disqualifications or disabilities
  69-21  imposed by law for conviction of an offense, except that:
  69-22              (1)  upon conviction of a subsequent offense, the fact
  69-23  that the defendant had previously received community supervision
  69-24  with a deferred adjudication of guilt <probation> shall be
  69-25  admissible before the court or jury to be considered on the issue
  69-26  of penalty; and
  69-27              (2)  if the defendant is an applicant for a license or
   70-1  is a licensee under Chapter 42, Human Resources Code, the Texas
   70-2  Department of Human Services may consider the fact that the
   70-3  defendant previously has received community supervision with a
   70-4  deferred adjudication of guilt <probation> under this section in
   70-5  issuing, renewing, denying, or revoking a license under that
   70-6  chapter.
   70-7        (d)  In all other cases the judge may grant deferred
   70-8  adjudication unless the defendant:
   70-9              (1)  has previously received deferred adjudication for
  70-10  a felony offense;
  70-11              (2)  is charged with a misdemeanor offense and has
  70-12  previously received deferred adjudication for a misdemeanor
  70-13  offense;
  70-14              (3)  is charged with an offense under Section 49.04,
  70-15  49.05, 49.06, 49.07, or 49.08, Penal Code; or
  70-16              (4)  is charged with a person offense punishable as a
  70-17  second degree felony or higher.
  70-18        (e)  In this section, a defendant has previously received
  70-19  deferred adjudication community supervision if the placement on
  70-20  deferred adjudication community supervision occurred before the
  70-21  commission of the instant offense.  <This section does not apply to
  70-22  a defendant charged with an offense under Subdivision (2),
  70-23  Subsection (a), Section 19.05, Penal Code, an offense under
  70-24  Sections 481.107(b) through (e), 481.122, or 481.126, Health and
  70-25  Safety Code, an offense under Article 6701l-1, Revised Statutes, an
  70-26  offense under Section 34, Chapter 173, Acts of the 47th
  70-27  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   71-1  Civil Statutes), an offense under Section 32(c), Texas Motor
   71-2  Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
   71-3  Civil Statutes), or an offense under Section 10, Texas Commercial
   71-4  Driver's License Act (Article 6687b-2, Revised Statutes).>
   71-5        Sec. 6.  Continuing Court Jurisdiction in Felony Cases.  (a)
   71-6  For the purposes of this section, the jurisdiction of a court in
   71-7  which a sentence requiring imprisonment <confinement> in the
   71-8  institutional division of the Texas Department of Criminal Justice
   71-9  <Corrections> is imposed by the judge of the court shall continue
  71-10  for 180 days from the date the execution of the sentence actually
  71-11  begins.  Before the expiration of 180 days from the date the
  71-12  execution of the sentence actually begins, the judge of the court
  71-13  that imposed such sentence may on his own motion, on the motion of
  71-14  the attorney representing the state, or on the written motion of
  71-15  the defendant, suspend further execution of the sentence and place
  71-16  the defendant on community supervision <probation> under the terms
  71-17  and conditions of this article, if in the opinion of the judge the
  71-18  defendant would not benefit from further imprisonment
  71-19  <incarceration> and<:>
  71-20              <(1)>  the defendant is otherwise eligible for
  71-21  community supervision <probation> under Section 3 of this article<;>
  71-22              <(2)  the defendant had never before been incarcerated
  71-23  in a penitentiary serving a sentence for a felony; and>
  71-24              <(3)  the offense for which the defendant was convicted
  71-25  was other than those defined by Section 19.02, 20.04, 22.021,
  71-26  22.03, 22.04(a)(1), (2), or (3), 29.03, 36.02, 38.07, 71.02 or a
  71-27  felony of the second degree under Section 38.10, Penal Code>.
   72-1        (b)  <If a court imposes a sentence under Section
   72-2  12.34(a)(2), Penal Code, the period of time during which the court
   72-3  may suspend further execution of the sentence and place the
   72-4  defendant on probation runs from the 60th day after the date of
   72-5  sentencing until the date the sentence expires.>
   72-6        <(c)>  When the defendant or the attorney representing the
   72-7  state files a written motion requesting suspension by the judge
   72-8  <court> of further execution of the sentence and placement of the
   72-9  defendant on community supervision <probation>, and when requested
  72-10  to do so by the judge <court>, the clerk of the court shall request
  72-11  a copy of the defendant's record while imprisoned <incarcerated>
  72-12  from the institutional division of the Texas Department of Criminal
  72-13  Justice <Corrections> or, if the defendant is confined
  72-14  <incarcerated> in county jail, from the sheriff.  Upon receipt of
  72-15  such request, the institutional division of the Texas Department of
  72-16  Criminal Justice <Corrections> or the sheriff shall forward to the
  72-17  judge <court>, as soon as possible, a full and complete copy of the
  72-18  defendant's record while imprisoned or confined <incarcerated>.
  72-19  When the defendant files a written motion requesting suspension of
  72-20  further execution of the sentence and placement on community
  72-21  supervision <probation>, he shall immediately deliver or cause to
  72-22  be delivered a true and correct copy of the motion to the office of
  72-23  the attorney representing the state.
  72-24        (c) <(d)>  The judge <court> may deny the motion without a
  72-25  hearing but may not grant the motion without holding a hearing and
  72-26  providing the attorney representing the state and the defendant the
  72-27  opportunity to present evidence on the motion.
   73-1        <(e)  If a court imposes punishment under Section 12.422,
   73-2  Penal Code, the jurisdiction of the court continues until the 30th
   73-3  day after the date the defendant is released from a substance abuse
   73-4  facility, for the purpose of allowing the court to place the
   73-5  defendant on probation under this article.  A court may place the
   73-6  defendant on probation under this subsection on its own motion or
   73-7  on the motion of any party.  If probation is imposed, the period of
   73-8  probation may not exceed the term of years imposed under Section
   73-9  12.422(a)(2), Penal Code, and the court must impose as a condition
  73-10  of probation that the defendant participate in a drug or alcohol
  73-11  abuse after-care program.  If the court does not impose probation
  73-12  on the defendant within the time permitted under this subsection,
  73-13  the punishment under Section 12.422(a)(2), Penal Code, is
  73-14  automatically discharged.>
  73-15        Sec. 7.  Continuing Court Jurisdiction in Misdemeanor Cases.
  73-16  (a)  For the purposes of this section, the jurisdiction of the
  73-17  courts in this state in which a sentence requiring confinement in a
  73-18  jail is imposed for conviction of a misdemeanor shall continue for
  73-19  180 days from the date the execution of the sentence actually
  73-20  begins <a period equal to the sentence imposed>.  The judge of the
  73-21  court that imposed such sentence may on his own motion, on the
  73-22  motion of the attorney representing the state, or on the written
  73-23  motion of the defendant suspend further execution of the sentence
  73-24  and place the defendant on community supervision <probation> under
  73-25  the terms and conditions of this article, if <prior to the
  73-26  execution of that sentence the defendant had never been
  73-27  incarcerated in a penitentiary or jail serving a sentence for a
   74-1  felony or misdemeanor and> in the opinion of the judge the
   74-2  defendant would not benefit from further confinement
   74-3  <incarceration>.
   74-4        (b)  When the defendant files a written motion with the court
   74-5  requesting suspension of further execution of the sentence and
   74-6  placement on community supervision <probation> or when requested to
   74-7  do so by the judge, the clerk of the court shall request a copy of
   74-8  the defendant's record while confined <incarcerated> from the
   74-9  agency operating the jail where the defendant is confined
  74-10  <incarcerated>.  Upon receipt of such request, the agency operating
  74-11  the jail where the defendant is confined <incarcerated> shall
  74-12  forward to the court as soon as possible a full and complete copy
  74-13  of the defendant's record while confined <incarcerated>.
  74-14        (c)  The judge <court> may deny the motion without a hearing
  74-15  but may not grant a motion without holding a hearing and allowing
  74-16  the attorney representing the state and the defendant to present
  74-17  evidence in the case.
  74-18        Sec. 8.  State Boot Camp Program <ALTERNATIVE INCARCERATION
  74-19  PROBATION>.  (a)  For the purposes of this section, the
  74-20  jurisdiction of a court in which a sentence requiring imprisonment
  74-21  <confinement> in the institutional division of the Texas Department
  74-22  of Criminal Justice is imposed for conviction of a felony shall
  74-23  continue for 90 days from the date on which the convicted person is
  74-24  received into custody by the institutional division.  After the
  74-25  expiration of 75 days but prior to the expiration of 90 days from
  74-26  the date on which the convicted person is received into custody by
  74-27  the institutional division, the judge of the court that imposed the
   75-1  sentence may suspend further execution of the sentence imposed and
   75-2  place the person on community supervision <probation> under the
   75-3  terms and conditions of this article, if in the opinion of the
   75-4  judge the person would not benefit from further imprisonment
   75-5  <incarceration in a penitentiary>.  The court shall clearly
   75-6  indicate in its order recommending the placement of the person in
   75-7  the state boot camp <alternative incarceration> program that the
   75-8  court is not retaining jurisdiction over the person for the
   75-9  purposes of Section 6 of this article.  A court may recommend a
  75-10  person for placement in the state boot camp <alternative
  75-11  incarceration> program only if:
  75-12              (1)  the person is otherwise eligible for community
  75-13  supervision <probation> under this article;
  75-14              (2)  the person is 17 years of age or older but younger
  75-15  than 26 years and is physically and mentally capable of
  75-16  participating in a program <does not have a physical or mental
  75-17  handicap> that requires <precludes> strenuous physical activity;
  75-18  and
  75-19              (3)  the person is not convicted of an offense
  75-20  punishable as a fourth degree felony <had never before been
  75-21  incarcerated in a federal penitentiary or penitentiary of this or
  75-22  any other state or has never been paroled from a county or
  75-23  municipal jail while awaiting transfer to a penitentiary>.
  75-24        (b)  On the 76th day after the day on which the  convicted
  75-25  person is received into custody by the institutional division, the
  75-26  institutional division shall send the convicting court the record
  75-27  of the person's progress, conduct, and conformity to institutional
   76-1  division rules.
   76-2        (c)  The judge's <court's> recommendation that a person be
   76-3  placed in the state boot camp <an alternative incarceration>
   76-4  program created under Section 499.052, Government Code, does not
   76-5  give the court the power to hold the Texas Department of Criminal
   76-6  Justice or any officer or employee of the department in contempt of
   76-7  court for failure to adhere to that recommendation.
   76-8        Sec. 9.  Presentence Investigations.  (a)  Before the
   76-9  imposition of sentence by a judge <the court> in a felony case, and
  76-10  except as provided by Subsection (b) of this section, before the
  76-11  imposition of sentence by a judge <the court> in a misdemeanor case
  76-12  the judge <court> shall direct a supervision <probation> officer to
  76-13  report to the judge <court> in writing on the circumstances of the
  76-14  offense with which the defendant is charged, the amount of
  76-15  restitution necessary to adequately compensate a victim of the
  76-16  offense, the criminal and social history of the defendant, and any
  76-17  other information relating to the defendant or the offense
  76-18  requested by the judge <court>.  It is not necessary that the
  76-19  report contain a sentencing recommendation, but the report must
  76-20  contain a proposed client supervision plan describing programs and
  76-21  sanctions that the community supervision and corrections department
  76-22  would provide the defendant if the defendant were placed on
  76-23  community supervision <granted probation>.
  76-24        (b)  The judge <court> is not required to direct a
  76-25  supervision <probation> officer to prepare a report in a
  76-26  misdemeanor case if:
  76-27              (1)  the defendant requests that a report not be made
   77-1  and the judge <court> agrees to the request; or
   77-2              (2)  the judge <court> finds that there is sufficient
   77-3  information in the record to permit the meaningful exercise of
   77-4  sentencing discretion and the judge <court> explains this finding
   77-5  on the record.
   77-6        (c)  The judge <court> may not inspect a report and the
   77-7  contents of the report may not be disclosed to any person unless:
   77-8              (1)  the defendant pleads guilty or nolo contendere or
   77-9  is convicted of the offense; or
  77-10              (2)  the defendant, in writing, authorizes the judge to
  77-11  inspect the report.
  77-12        (d)  Before sentencing a defendant, the judge <court> shall
  77-13  permit the defendant or his counsel to read the presentence report.
  77-14        (e)  The judge <court> shall allow the defendant or his
  77-15  attorney to comment on the report and, with the approval of the
  77-16  judge <court>, introduce testimony or other information alleging a
  77-17  factual inaccuracy in the report.
  77-18        (f)  The judge <court> shall allow the attorney representing
  77-19  the state access to any information made available to the defendant
  77-20  under this section.
  77-21        (g)  The supervision <probation> officer making a report
  77-22  under this section shall send a copy of the report to an
  77-23  institution to which the defendant is committed.
  77-24        (h)  On a determination by the judge <court> that alcohol or
  77-25  drug abuse may have contributed to the commission of the offense,
  77-26  the judge <court> shall direct a supervision <probation> officer
  77-27  approved by the community supervision and corrections <probation>
   78-1  department or the judge <court> or a person, program, or other
   78-2  agency approved by the Texas Commission on Alcohol and Drug Abuse,
   78-3  to conduct an evaluation to determine the appropriateness of, and a
   78-4  course of conduct necessary for, alcohol or drug rehabilitation for
   78-5  a defendant and to report that evaluation to the judge <court>.
   78-6  The evaluation shall be made:
   78-7              (1)  after arrest and before conviction, if requested
   78-8  by the defendant;
   78-9              (2)  after conviction and before sentencing, if the
  78-10  judge <court> assesses punishment in the case;
  78-11              (3)  after sentencing and before the entry of a final
  78-12  judgment, if the jury assesses punishment in the case; or
  78-13              (4)  after community supervision <probation> is
  78-14  granted, if the evaluation is required as a condition of community
  78-15  supervision <probation> under Section 13 of this article.
  78-16        (i)  A presentence investigation conducted on any defendant
  78-17  <offender> convicted of a felony offense who appears to the judge
  78-18  <court> through its own observation or on suggestion of a party to
  78-19  have a mental impairment shall include a psychological evaluation
  78-20  which determines, at a minimum, the defendant's IQ and adaptive
  78-21  behavior score.  The results of the evaluation shall be included in
  78-22  the report to the judge <court> as required by Subsection (a) of
  78-23  this section.
  78-24        (j)  The judge <court> by order may direct that any
  78-25  information and records that are not privileged and that are
  78-26  relevant to the report required by Subsection (a) of this section
  78-27  be released to the officer conducting the presentence investigation
   79-1  under Subsection (i) of this section.  The judge <court> may also
   79-2  issue a subpoena to obtain that information.  The report and all
   79-3  information obtained in connection with the presentence
   79-4  investigation are confidential and may be released only to those
   79-5  persons and under those circumstances authorized under Subsections
   79-6  (d), (e), (f), and (g) of this section and as directed by the judge
   79-7  <court> for the effective supervision of the defendant.  Medical
   79-8  and psychiatric records obtained by court order shall be kept
   79-9  separate from the defendant's community supervision <probation>
  79-10  file and may be released only by order of the judge <court>.
  79-11        Sec. 10.  AUTHORITY TO IMPOSE, MODIFY, OR REVOKE COMMUNITY
  79-12  SUPERVISION <PROBATION>.  (a)  Only the court in which the
  79-13  defendant was tried may grant community supervision <probation>,
  79-14  impose conditions, revoke the community supervision <probation>, or
  79-15  discharge the defendant, unless the court has transferred
  79-16  jurisdiction of the case to another court with the latter's
  79-17  consent.  Except as provided by Subsection (d) of this section,
  79-18  only the court may alter conditions of community supervision
  79-19  <probation>.  In a felony case, only the judge who originally
  79-20  sentenced the defendant may suspend execution thereof and place the
  79-21  defendant under community supervision <probation> pursuant to
  79-22  Section 6 of this article or assume jurisdiction of the defendant
  79-23  under Section 15 of this article.  If <except that if> the judge
  79-24  who originally sentenced the defendant is deceased or disabled or
  79-25  if the office is vacant or if the defendant is released from the
  79-26  physical custody of the institutional division, is subject to
  79-27  Section 15 of this article, and the judge who originally sentenced
   80-1  the defendant is deceased or disabled or if the office is vacant
   80-2  and a motion is filed in accordance with Section 6 of this article,
   80-3  the clerk of the court shall promptly forward a copy of the motion
   80-4  to the presiding judge of the administrative judicial district for
   80-5  that court, who may deny the motion without a hearing or appoint a
   80-6  judge to hold a hearing on the motion.
   80-7        (b)  After a defendant has been placed on community
   80-8  supervision <probation>, jurisdiction of the case may be
   80-9  transferred to a court of the same rank in this state <State>
  80-10  having geographical jurisdiction where the defendant is residing or
  80-11  where a violation of the conditions of community supervision
  80-12  <probation> occurs.  Upon transfer, the clerk of the court of
  80-13  original jurisdiction shall forward a transcript of such portions
  80-14  of the record as the transferring judge shall direct to the court
  80-15  accepting jurisdiction, which latter court shall thereafter proceed
  80-16  as if the trial and conviction had occurred in that court.
  80-17        (c)  Any judge of a court having geographical jurisdiction
  80-18  where the defendant is residing or where a violation of the
  80-19  conditions of community supervision <probation> occurs may issue a
  80-20  warrant for his arrest, but the determination of action to be taken
  80-21  after arrest shall be only by the judge of the court having
  80-22  jurisdiction of the case at the time the action is taken.
  80-23        (d)  A judge <court> that places a defendant on community
  80-24  supervision <probation> may authorize the supervision <probation>
  80-25  officer supervising the defendant <probationer> or a magistrate
  80-26  appointed by the district courts in the county that give preference
  80-27  to criminal cases to modify the conditions of community supervision
   81-1  <probation> for the limited purpose of transferring the defendant
   81-2  <probationer> to different programs within the community
   81-3  supervision continuum of programs and sanctions <probation
   81-4  program>.
   81-5        (e)  If a supervision <probation> officer or magistrate
   81-6  modifies the conditions of community supervision <probation>, the
   81-7  <probation> officer or magistrate shall deliver a copy of the
   81-8  modified conditions to the defendant <probationer>, shall file a
   81-9  copy of the modified conditions with the sentencing court, and
  81-10  shall note the date of delivery of the copy in the defendant's
  81-11  <probationer's> file.  If the defendant <probationer> agrees to the
  81-12  modification in writing, the <probation> officer or magistrate
  81-13  shall file a copy of the modified conditions with the district
  81-14  clerk and the conditions shall be enforced as modified.  If the
  81-15  defendant <probationer> does not agree to the modification in
  81-16  writing, the supervision <probation> officer or magistrate shall
  81-17  refer the case to the judge of the court for modification <by the
  81-18  judge> in the manner provided by Section 22 <24> of this article.
  81-19        <(j-3)  The judges of the county courts at law in Hidalgo
  81-20  County shall participate in the management of the probation
  81-21  department serving the county, and for that purpose have the same
  81-22  duties and powers imposed by this section as do the district judges
  81-23  trying criminal cases in the county.  The probation department may
  81-24  obtain criminal history record information (CHRI) relating to an
  81-25  applicant for employment with the department that is maintained by
  81-26  the Department of Public Safety, the Federal Bureau of
  81-27  Investigation identification division, or any other law enforcement
   82-1  agency.  The information obtained under this subsection is for the
   82-2  exclusive use of the department and is privileged and confidential.
   82-3  The information may not be released or otherwise disclosed except
   82-4  on court order or consent of the applicant.>
   82-5        <Sec. 10A.  (j)  Except as provided in Subsection (k) of this
   82-6  section on satisfactory completion by a probationer of the required
   82-7  amount of community-service restitution work and full payment of
   82-8  restitution as ordered by the court, if the court has not proceeded
   82-9  to adjudication of guilt, the court shall dismiss the proceedings
  82-10  against the defendant and discharge him.  A dismissal and discharge
  82-11  under this section may not be deemed a conviction for the purposes
  82-12  of disqualifications or disabilities imposed by law for conviction
  82-13  of an offense, except that:>
  82-14              <(1)  on conviction of a subsequent offense the fact
  82-15  that the defendant previously received community-service probation
  82-16  is admissible on the issue of penalty; and>
  82-17              <(2)  if the defendant is an applicant for a license or
  82-18  is a licensee under Chapter 42, Human Resources Code, the Texas
  82-19  Department of Human Services may consider the fact that the
  82-20  defendant previously has received probation under this section in
  82-21  issuing, renewing, denying, or revoking a license under that
  82-22  chapter.>
  82-23        <Sec. 10B.  EL PASO COUNTY PRETRIAL DIVERSION PROGRAM.  (a)
  82-24  As a condition for a defendant to enter any pretrial diversion
  82-25  program or the functional equivalent that may be operated in El
  82-26  Paso County by the West Texas Regional Adult Probation Department
  82-27  or a county or district attorney of El Paso County, a defendant
   83-1  must file in the court in which the charges are pending a sworn
   83-2  waiver of speedy trial motion requesting the court to approve
   83-3  without a hearing the defendant's waiver of his speedy trial rights
   83-4  under the constitution and other law.  If the court approves the
   83-5  waiver, the defendant is eligible for consideration for acceptance
   83-6  into a pretrial diversion program or equivalent program.>
   83-7        <(b)  At the time the motion to waive speedy trial rights
   83-8  required by Subsection (a) of this section is filed, the court
   83-9  clerk shall collect a $125 filing fee unless the court for good
  83-10  cause or otherwise waives the fee or any part of the fee under
  83-11  guidelines that may be set by the El Paso Council of Judges.  The
  83-12  filing fee is nonrefundable.>
  83-13        <(c)  The fees collected by the court clerk under Subsection
  83-14  (b) of this section shall be deposited in the general fund of the
  83-15  county treasury as provided by Chapter 113, Local Government Code.>
  83-16        Sec. 11.  BASIC CONDITIONS OF COMMUNITY SUPERVISION
  83-17  <PROBATION>.  (a)  The judge of the court having jurisdiction of
  83-18  the case shall determine the <terms and> conditions of community
  83-19  supervision <probation> and may, at any time, during the period of
  83-20  community supervision <probation> alter or modify the conditions as
  83-21  provided by Sections 10 and 22 of this article<; provided, however,
  83-22  that the clerk of the court shall furnish a copy of such terms and
  83-23  conditions to the probationer, and shall note the date of delivery
  83-24  of such copy on the docket>.  The judge may impose any reasonable
  83-25  condition that is designed to protect or restore the community,
  83-26  protect or restore the victim, or rehabilitate or reform the
  83-27  defendant.  Conditions <Terms and conditions> of community
   84-1  supervision <probation> may include, but shall not be limited to,
   84-2  the conditions that the defendant <probationer> shall:
   84-3              (1)  Commit no offense against the laws of this State
   84-4  or of any other State or of the United States;
   84-5              (2)  Avoid injurious or vicious habits;
   84-6              (3)  Avoid persons or places of disreputable or harmful
   84-7  character;
   84-8              (4)  Report to the supervision <probation> officer as
   84-9  directed by the judge or supervision <probation> officer and obey
  84-10  all rules and regulations of the community supervision and
  84-11  corrections <probation> department;
  84-12              (5)  Permit the supervision <probation> officer to
  84-13  visit him at his home or elsewhere;
  84-14              (6)  Work faithfully at suitable employment as far as
  84-15  possible;
  84-16              (7)  Remain within a specified place;
  84-17              (8)  Pay his fine, if one be assessed, and all court
  84-18  costs whether a fine be assessed or not, in one or several sums,
  84-19  and make restitution or reparation in any sum that the judge
  84-20  <court> shall determine;
  84-21              (9)  Support his dependents;
  84-22              (10)  Participate, for a time specified by the judge
  84-23  <court> in any community-based program, including a
  84-24  community-service work program under Section 16 of this article
  84-25  <designated by the court>;
  84-26              (11)  Reimburse the county in which the prosecution was
  84-27  instituted for compensation paid to appointed counsel for defending
   85-1  him in the case, if counsel was appointed, or if he was represented
   85-2  by a county-paid public defender, in an amount that would have been
   85-3  paid to an appointed attorney had the county not had a public
   85-4  defender;
   85-5              (12)  Remain under custodial supervision in a community
   85-6  corrections <community-based> facility, obey all rules and
   85-7  regulations of such facility, and pay a percentage of his income to
   85-8  the facility for room and board;
   85-9              (13)  Pay a percentage of his income to his dependents
  85-10  for their support while under custodial supervision <suspension> in
  85-11  a community corrections <community-based> facility;
  85-12              (14)  Pay a percentage of his income to the victim of
  85-13  the offense, if any, to compensate the victim for any property
  85-14  damage or medical expenses sustained by the victim as a direct
  85-15  result of the commission of the offense;
  85-16              (15)  Submit to testing for controlled substances;
  85-17              (16)  Attend counseling sessions for substance abusers
  85-18  or participate in substance abuse treatment services in a program
  85-19  or facility approved or licensed by the Texas Commission on Alcohol
  85-20  and Drug Abuse<, if the person was sentenced for an offense
  85-21  involving controlled substances or the court determines that the
  85-22  defendant's use of controlled substances was connected to the
  85-23  commission of the offense>;
  85-24              (17)  Register under Article 6252-13c.1, Revised
  85-25  Statutes; <and>
  85-26              (18)  With the consent of the victim of a misdemeanor
  85-27  offense or of any offense under Title 7, Penal Code, participate in
   86-1  victim-defendant mediation for the purpose of making restitution to
   86-2  the victim;
   86-3              (19)  Submit to electronic monitoring;
   86-4              (20)  Reimburse the crime victims compensation fund
   86-5  created under the Crime Victims Compensation Act (Article 8309-1,
   86-6  Vernon's Texas Civil Statutes) for any amounts paid from that fund
   86-7  to a victim, as defined by Article 56.01 of this code, of the
   86-8  defendant's offense;
   86-9              (21)  Reimburse a law enforcement agency for the
  86-10  analysis, storage, or disposal of raw materials, controlled
  86-11  substances, chemical precursors, drug paraphernalia, or other
  86-12  materials seized in connection with the offense;
  86-13              (22)  Pay all or part of the reasonable and necessary
  86-14  costs incurred by the victim for psychological counseling made
  86-15  necessary by the offense or for counseling and education relating
  86-16  to acquired immune deficiency syndrome or human immunodeficiency
  86-17  virus made necessary by the offense; and
  86-18              (23)  Make one payment in an amount not to exceed $50
  86-19  to a local crime stoppers program as defined by Section 414.001,
  86-20  Government Code, and as certified by the Crime Stoppers Advisory
  86-21  Council.
  86-22        (b)  A judge <court> may not order a defendant <probationer>
  86-23  to make any payments as a term or condition of community
  86-24  supervision <probation>, except for fines, court costs, restitution
  86-25  to the victim, and other <terms or> conditions related personally
  86-26  to the rehabilitation of the defendant <probationer> or otherwise
  86-27  expressly authorized by law.  The court shall consider the ability
   87-1  of the defendant <probationer> to make payments in ordering the
   87-2  defendant <probationer> to make payments under this article.
   87-3        (c)  <In addition to any other terms and conditions of
   87-4  probation, the court may require a probationer to reimburse the
   87-5  crime victims compensation fund created under the Crime Victims
   87-6  Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes)
   87-7  for any amounts paid from that fund to a victim of the
   87-8  probationer's offense.  In this subsection, "victim" has the
   87-9  meaning assigned by Article 56.01 of this code.>
  87-10        <(c)  If a court grants probation to a person convicted of an
  87-11  offense under Chapter 481, Health and Safety Code, the court may
  87-12  order the person to reimburse a law enforcement agency for the
  87-13  agency's expenses for the confiscation, analysis, storage, or
  87-14  disposal of raw materials, controlled substances, chemical
  87-15  precursors, drug paraphernalia, or other materials seized in
  87-16  connection with the offense.>
  87-17        <(e)  A court may not order a probationer to make any
  87-18  payments as a term and condition of probation, except for fines,
  87-19  court costs, restitution of the victim, payment to a local crime
  87-20  stoppers program under Subsection (h) of this section, and other
  87-21  terms and conditions expressly authorized by statute.>
  87-22        <(f)  If the court grants probation to a person convicted of
  87-23  an offense under Section 21.11, 22.011, 22.021, or 22.04, Penal
  87-24  Code, the court may, on a finding that the probationer is
  87-25  financially able to make payment, require the probationer to pay
  87-26  all or a part of the reasonable and necessary costs incurred by the
  87-27  victim for psychological counseling made necessary by the offense
   88-1  or for counseling and education relating to acquired immune
   88-2  deficiency syndrome or human immunodeficiency virus made necessary
   88-3  by the offense.  Any payments ordered under this subsection may not
   88-4  extend past one year from the date of the order.>
   88-5        <(g)>  If the judge <court> or jury places a defendant on
   88-6  community supervision <grants probation to a person>, the judge
   88-7  <court> shall require the defendant <person> to demonstrate to the
   88-8  court whether the defendant <person> has an educational skill level
   88-9  that is equal to or greater than the average skill level of
  88-10  students who have completed the sixth grade in public schools in
  88-11  this state.  If the judge <court> determines that the defendant
  88-12  <person> has not attained that skill level, the judge <court> shall
  88-13  require as a condition of community supervision <probation> that
  88-14  the defendant <person> attain that level of educational skill,
  88-15  unless the judge <court> determines that the defendant <person>
  88-16  lacks the intellectual capacity or the learning ability to ever
  88-17  achieve that level of skill.
  88-18        <(g)  If the court grants probation to a person convicted of
  88-19  an offense under Section 21.11, 22.011, 22.021, or 43.02, Penal
  88-20  Code, the court may require the probationer to receive counseling
  88-21  or education, or both, relating to acquired immune deficiency
  88-22  syndrome or human immunodeficiency virus.>
  88-23        <(g)  On any evidence of the presence of a controlled
  88-24  substance in the defendant's body, or on any evidence the defendant
  88-25  has used a controlled substance, or on evidence that controlled
  88-26  substance use is related to the offense for which the defendant was
  88-27  placed on probation, the court shall require as a condition of
   89-1  probation that the defendant submit to testing for controlled
   89-2  substances in the defendant's body.>
   89-3        <(h)  In addition to any other terms and conditions imposed
   89-4  under this section, the court may require the probationer as a
   89-5  condition of his probation to make one payment in an amount not to
   89-6  exceed $50 to a local crime stoppers program as defined by Section
   89-7  414.001(2), Government Code, and as certified by the Crime Stoppers
   89-8  Advisory Council.  In imposing the condition, the court shall
   89-9  consider the ability of the probationer to make the payment and the
  89-10  effectiveness and fiscal responsibility of the local crime stoppers
  89-11  program.>
  89-12        <(h)  If the court grants probation to a person convicted of
  89-13  an offense under the Texas Controlled Substances Act (Article
  89-14  4476-15, Vernon's Texas Civil Statutes), the court may require the
  89-15  probationer to receive counseling or education, or both, relating
  89-16  to acquired immune deficiency syndrome or human immunodeficiency
  89-17  virus.  The court shall order that a report be made under Section 4
  89-18  of this article to determine if the probationer should receive the
  89-19  counseling and education.>
  89-20        Sec. 12.  CONFINEMENT <DETENTION> AS A CONDITION OF COMMUNITY
  89-21  SUPERVISION <PROBATION>.  (a)  If a judge <When the court> having
  89-22  jurisdiction of a misdemeanor case requires <grants probation to
  89-23  the defendant, the court may require> as a condition of community
  89-24  supervision <probation> that the defendant submit to a period of
  89-25  confinement <detention> in a county jail, the period of confinement
  89-26  may <or community corrections facility to serve a term of
  89-27  imprisonment> not <to> exceed 90 <30> days <and serve up to 100
   90-1  hours of community service>.  If a judge having jurisdiction of
   90-2  <In> a felony case requires <the court may require> as a condition
   90-3  of community supervision <probation> that the defendant submit to a
   90-4  period of confinement <detention> in a county jail, the period of
   90-5  confinement may <to serve a term of imprisonment> not <to> exceed
   90-6  180 days<.  A court granting probation to a defendant convicted of
   90-7  an offense under Section 71.02, Penal Code, may require as a
   90-8  condition of probation that the defendant submit to 180 days
   90-9  detention in the county jail or community corrections facility and
  90-10  serve up to 200 hours of public service in addition to any other
  90-11  penalty prescribed by law>.
  90-12        (b)  A judge that requires as a condition of community
  90-13  supervision that the defendant serve a term in a community
  90-14  corrections facility under Section 17 or 18 of this article may not
  90-15  impose a term of confinement under this section that, when added to
  90-16  the term imposed under Section 17 or 18, exceeds 24 months.
  90-17        (c)  A judge may impose confinement as a condition of
  90-18  community supervision under Subsection (a) of this section on
  90-19  placing the defendant on supervision or at any time during the
  90-20  supervision period.  The judge may impose periods of confinement as
  90-21  a condition of community supervision in increments smaller than the
  90-22  maximum periods provided by Subsection (a) of this section but may
  90-23  not impose periods of confinement that if added together exceed the
  90-24  maximum periods provided by Subsection (a).
  90-25        Sec. 13.  DWI COMMUNITY SUPERVISION <PROBATION>.  (a)  A
  90-26  judge <court> granting community supervision <probation> to a
  90-27  defendant convicted of an offense under Chapter 49, Penal Code,
   91-1  <Article 6701l-1, Revised Statutes, and punished under Subsection
   91-2  (d), (e), or (f) of that article> shall require as a  condition of
   91-3  community supervision <probation> that the defendant submit to:
   91-4              (1)  72 hours of confinement <detention in a jail> if
   91-5  the defendant was punished <convicted> under Section 49.09(a)
   91-6  <Subsection (d) of Article 6701l-1, Revised Statutes>; 10 days of
   91-7  confinement <detention in a jail> if the defendant was punished
   91-8  <convicted> under Section 49.09(b) or (c) <Subsection (e) of
   91-9  Article 6701l-1, Revised Statutes>; or 30 days of confinement
  91-10  <detention in a jail> if the defendant was convicted under Section
  91-11  49.07 <Subsection (f) of Article 6701l-1, Revised Statutes>; and
  91-12              (2)  an evaluation by a supervision <probation> officer
  91-13  or by a person, program, or facility approved by the Texas
  91-14  Commission on Alcohol and Drug Abuse for the purpose of having the
  91-15  facility prescribe and carry out a course of conduct necessary for
  91-16  the rehabilitation of the defendant's drug or alcohol dependence
  91-17  condition.
  91-18        (b)  A judge <court> granting community supervision
  91-19  <probation> to a defendant convicted of an offense under
  91-20  <Subdivision (2), Subsection (a),> Section 49.08 <19.05>, Penal
  91-21  Code, shall require as a condition of community supervision
  91-22  <probation> that the defendant submit to a period of <detention in
  91-23  a penal institution to serve a term of> confinement of not less
  91-24  than 120 days.
  91-25        (c)  If the director of a facility to which a defendant
  91-26  <person> is referred under Subdivision (2) of Subsection (a) of
  91-27  this section determines that the defendant <person> is not making a
   92-1  good faith effort to participate in a program of rehabilitation,
   92-2  the director shall notify the judge <court> that referred the
   92-3  defendant <person> of that fact.
   92-4        (d)  If a judge <court> requires as a condition of community
   92-5  supervision <probation> that the defendant participate in a
   92-6  prescribed course of conduct necessary for the rehabilitation of
   92-7  the defendant's drug or alcohol dependence condition, the judge
   92-8  <court> shall require that the defendant pay for all or part of the
   92-9  cost of such rehabilitation based on the defendant's ability to
  92-10  pay.  The judge <court> may, in its discretion, credit such cost
  92-11  paid by the defendant against the fine assessed.  In making a
  92-12  determination of a defendant's ability to pay the cost of
  92-13  rehabilitation under this subsection, the judge <court> shall
  92-14  consider whether the defendant has insurance coverage that will pay
  92-15  for rehabilitation.
  92-16        (e)  The confinement <imprisonment> imposed shall be treated
  92-17  as a condition of community supervision <probation>, and in the
  92-18  event of a sentence of confinement <imprisonment> upon the
  92-19  revocation of community supervision <probation>, the term of
  92-20  imprisonment served hereunder shall be credited toward service of
  92-21  such subsequent confinement <imprisonment>.
  92-22        (f)  If a judge <court> grants community supervision
  92-23  <probation> to a defendant convicted of an offense under Sections
  92-24  49.04-49.08, Penal Code <Article 6701l-1, Revised Statutes, and
  92-25  punished under Subsection (c) of that article>, and if before
  92-26  receiving community supervision <probation> the defendant has not
  92-27  submitted to an evaluation under Section 9 of this article, the
   93-1  judge <court> shall require the defendant to submit to the
   93-2  evaluation as a condition of community supervision <probation>.  If
   93-3  the evaluation indicates to the judge <court> that the defendant is
   93-4  in need of treatment for drug or alcohol dependency, the judge
   93-5  <court> shall require the defendant to submit to that treatment as
   93-6  a condition of community supervision <probation> in a program or
   93-7  facility approved or licensed by the Texas Commission on Alcohol
   93-8  and Drug Abuse or in a program or facility that complies with
   93-9  standards established by the community justice assistance division
  93-10  of the Texas Department of Criminal Justice, after consultation by
  93-11  the division with the commission.
  93-12        (g)  A jury that recommends community supervision <probation>
  93-13  for a person convicted of an offense under Sections 49.04-49.08,
  93-14  Penal Code <Article 6701l-1, Revised Statutes, and punished under
  93-15  Subsection (c) of that article>, may recommend that any driver's
  93-16  license issued to the defendant under Chapter 173, Acts of the 47th
  93-17  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
  93-18  Civil Statutes), not be suspended only if the defendant was 21
  93-19  years of age or older at the time of the commission of the offense.
  93-20        (h)  If a person convicted of an offense under Sections
  93-21  49.04-49.08, Penal Code <Article 6701l-1, Revised Statutes, is
  93-22  punished under Subsection (c) of that article and> is placed on
  93-23  community supervision <probation>, the judge <court> shall require,
  93-24  as a condition of the community supervision <probation>, that the
  93-25  defendant attend and successfully complete before the 181st day
  93-26  after the day community supervision <probation> is granted an
  93-27  educational program jointly approved by the Texas Commission on
   94-1  Alcohol and Drug Abuse, the Department of Public Safety, the
   94-2  Traffic Safety Section of the Texas <State> Department of <Highways
   94-3  and Public> Transportation, and the community justice assistance
   94-4  division of the Texas Department of Criminal Justice <Texas Adult
   94-5  Probation Commission> designed to rehabilitate persons who have
   94-6  driven while intoxicated.  The Texas Commission on Alcohol and Drug
   94-7  Abuse shall publish the jointly approved rules and shall monitor,
   94-8  coordinate, and provide training to persons providing the
   94-9  educational programs.  The Texas Commission on Alcohol and Drug
  94-10  Abuse is responsible for the administration of the certification of
  94-11  approved educational programs and may charge a nonrefundable
  94-12  application fee for the initial certification of approval and for
  94-13  renewal of a certificate.  The judge may waive the educational
  94-14  program requirement, however, if the defendant by a motion in
  94-15  writing shows good cause.  In determining good cause, the judge may
  94-16  consider but is not limited to:  the defendant's <offender's>
  94-17  school and work schedule, the defendant's <offender's> health, the
  94-18  distance that the defendant <offender> must travel to attend an
  94-19  educational program, and the fact that the defendant <offender>
  94-20  resides out of state, has no valid driver's license, or does not
  94-21  have access to transportation.  The judge shall set out the finding
  94-22  of good cause in the judgment.  If a defendant <person> is
  94-23  required, as a condition of community supervision <probation>, to
  94-24  attend an educational program, the court clerk shall immediately
  94-25  report that fact to the Department of Public Safety, on a form
  94-26  prescribed by the department, for inclusion in the person's driving
  94-27  record.  The report must include the beginning date of the person's
   95-1  community supervision <probation>.  Upon the successful completion
   95-2  of the educational program, the person shall give notice to the
   95-3  community supervision and corrections <probation> department.  The
   95-4  <probation> department shall then forward the notice to the court
   95-5  clerk.  The court clerk shall then report the date of successful
   95-6  completion of the educational program to the Department of Public
   95-7  Safety for inclusion in the defendant's <person's> driving record.
   95-8  If the department does not receive notice that a defendant <person>
   95-9  required to complete an educational program has successfully
  95-10  completed the program within the period required by this section,
  95-11  as shown on department records, the department shall suspend the
  95-12  defendant's <person's> driver's license, permit, or privilege or
  95-13  prohibit the person from obtaining a license or permit, as provided
  95-14  by Section 24(g)(2), Chapter 173, Acts of the 47th Legislature,
  95-15  Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
  95-16  Statutes).  This subsection does not apply to a defendant if a jury
  95-17  recommends community supervision <probation> for the defendant and
  95-18  also recommends that the defendant's driver's license not be
  95-19  suspended.
  95-20        (i)  If a defendant <person> convicted of an offense under
  95-21  Sections 49.04-49.08 <Article 6701l-1, Revised Statutes, or Section
  95-22  19.05(a)(2)>, Penal Code, is placed on community supervision
  95-23  <probation>, the judge <court> may require as a condition of
  95-24  community supervision <probation> that the defendant not operate a
  95-25  motor vehicle unless the vehicle is equipped with a device that
  95-26  uses a deep-lung breath analysis mechanism to make impractical the
  95-27  operation of the motor vehicle if ethyl alcohol is detected in the
   96-1  breath of the operator.  The judge <court> shall require the
   96-2  defendant to obtain the device at his own cost.  The Department of
   96-3  Public Safety shall approve devices for use under this subsection.
   96-4  The provisions of Section 23A(f), Chapter 173, Acts of the 47th
   96-5  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   96-6  Civil Statutes), apply to the approval of a device under this
   96-7  subsection and the consequences of that approval.  Notwithstanding
   96-8  the provisions of this section, if a defendant <person> is required
   96-9  to operate a motor vehicle in the course and scope of the
  96-10  defendant's <person's> employment and if the vehicle is owned by
  96-11  the employer, the defendant <person> may operate that vehicle
  96-12  without installation of an approved ignition interlock device if
  96-13  the employer has been notified of that driving privilege
  96-14  restriction and if proof of that notification is with the vehicle.
  96-15  This employment exemption does not apply, however, if the business
  96-16  entity that owns the vehicle is owned or controlled by the
  96-17  defendant <person> whose driving privilege has been restricted.
  96-18        (j)  The judge shall <court may> require <or permit> a
  96-19  defendant <person> who is punished <was previously convicted of an
  96-20  offense> under Section 49.09, Penal Code, <Article 6701l-1, Revised
  96-21  Statutes, and who was required to attend an educational program
  96-22  under Subsection (h) of this section> as a condition of community
  96-23  supervision <probation>, to attend and successfully complete,
  96-24  before the end of the defendant's period of driver's license
  96-25  suspension, an educational program <under Subsection (h) of this
  96-26  section with a curriculum> for repeat offenders approved by the
  96-27  Texas Commission on Alcohol and Drug Abuse <if the court determines
   97-1  that attendance at a program would be in the person's best
   97-2  interest>.  The Texas Commission on Alcohol and Drug Abuse shall
   97-3  adopt rules and shall monitor, coordinate, and provide training to
   97-4  persons providing the educational programs.  The Texas Commission
   97-5  on Alcohol and Drug Abuse is responsible for the administration of
   97-6  the certification of approved educational programs.  The judge may
   97-7  waive the educational program requirement only if the defendant by
   97-8  a motion in writing shows good cause.  In determining good cause,
   97-9  the judge may consider the defendant's school and work schedule,
  97-10  the defendant's health, the distance that the defendant must travel
  97-11  to attend an educational program, and whether the defendant resides
  97-12  out of state or does not have access to transportation.  The judge
  97-13  shall set out the finding of good cause in the judgment.  If a
  97-14  defendant is required, as a condition of community supervision, to
  97-15  attend an educational program, the court clerk shall immediately
  97-16  report that fact to the Department of Public Safety, on a form
  97-17  prescribed by the department, for inclusion in the defendant's
  97-18  driving record.  The report must include the beginning date of the
  97-19  defendant's community supervision.  On the successful completion of
  97-20  the educational program for repeat offenders, the defendant shall
  97-21  give notice to the community supervision and corrections
  97-22  department.  The community supervision and corrections department
  97-23  shall then forward the notice to the court clerk.  The court clerk
  97-24  shall then report the date of successful completion of the
  97-25  educational program to the Department of Public Safety for
  97-26  inclusion in the defendant's driving record.  If the Department of
  97-27  Public Safety does not receive notice that a defendant required to
   98-1  complete an educational program has successfully completed the
   98-2  program for repeat offenders within the period required by this
   98-3  section, as shown on department records, the department shall
   98-4  continue the suspension of the defendant's driver's license,
   98-5  permit, or privilege or prohibit the defendant from obtaining a
   98-6  license or permit, as provided by Section 24(g)(2), Chapter 173,
   98-7  Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b,
   98-8  Vernon's Texas Civil Statutes).
   98-9        (k)  Notwithstanding Section 24(g), Chapter 173, Acts of the
  98-10  47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
  98-11  Texas Civil Statutes), if the judge <court>, under Subsection (h)
  98-12  or (j) of this section, permits or requires a defendant punished
  98-13  under Section 49.09, Penal Code, <person> to attend an educational
  98-14  program as a condition of community supervision <probation>, and
  98-15  the defendant <person has previously been convicted of an offense
  98-16  under Article 6701l-1, Revised Statutes, and> has previously been
  98-17  required to attend such a program, the judge <court> nonetheless
  98-18  shall automatically suspend the driver's license, permit, or
  98-19  operating privilege of that person for a period determined by the
  98-20  judge <court> according to the following schedule:
  98-21              (1)  not less than 90 days or more than 365 days, if
  98-22  the defendant <person> is convicted <punished> under Sections
  98-23  49.04-49.08 <Subsection (c), Article 6701l-1, Revised Statutes,
  98-24  whether or not the punishment is increased under Subsection (f) of
  98-25  that article>; or
  98-26              (2)  not less than 180 days or more than two years, if
  98-27  the defendant <person> is punished under Section 49.09 <Subsection
   99-1  (d) or (e), Article 6701l-1, Revised Statutes, whether or not the
   99-2  punishment is increased under Subsection (f) of that article>.
   99-3        (l)  If the Department of Public Safety receives notice that
   99-4  a defendant <person> has been required or permitted to attend an
   99-5  educational program under Subsection (h) of this section, but the
   99-6  judge <court> has not ordered a period of suspension, the
   99-7  department shall suspend the defendant's <person's> driver's
   99-8  license, permit, or operating privilege, or shall issue an order
   99-9  prohibiting the defendant <person> from obtaining a license or
  99-10  permit for a period of 365 days.
  99-11        Sec. 14.  SUBSTANCE ABUSE FELONY PROGRAM.  (a)  If a judge
  99-12  requires as a condition of community supervision that an eligible
  99-13  defendant serve a term of confinement and treatment in a substance
  99-14  abuse treatment facility operated by the community justice
  99-15  assistance division of the Texas Department of Criminal Justice,
  99-16  the term must be an indeterminate term of not more than one year or
  99-17  less than six months.
  99-18        (b)  A defendant is an eligible defendant for the purposes of
  99-19  this section if:
  99-20              (1)  the judge makes an affirmative finding that drug
  99-21  or alcohol abuse significantly contributed to the commission of the
  99-22  offense; and
  99-23              (2)  the judge determines that the defendant meets the
  99-24  eligibility criteria adopted by the Texas Board of Criminal Justice
  99-25  under Section 493.009(b), Government Code.  <CHILD ABUSERS AND SEX
  99-26  OFFENDERS; SPECIAL CONDITIONS.  (a)  If the court grants probation
  99-27  to a person convicted of an offense described by Article 17.41(a)
  100-1  of this code, the court may require as a condition of probation
  100-2  that the defendant not directly communicate with the victim of the
  100-3  offense or go near a residence, school, or other location, as
  100-4  specifically described in the copy of terms and conditions,
  100-5  frequented by the victim.  In imposing the condition, the court may
  100-6  grant the defendant supervised access to the victim.  To the extent
  100-7  that a condition imposed under this subsection conflicts with an
  100-8  existing court order granting possession of or access to a child,
  100-9  the condition imposed under this subsection prevails for a period
 100-10  specified by the court granting probation, not to exceed 90 days.>
 100-11        <(b)  If the court grants probation to a person convicted of
 100-12  an offense under Section 21.11, 22.011, 22.021, or 22.04, Penal
 100-13  Code, the court may require the probationer to attend psychological
 100-14  counseling sessions at the direction of the probation officer and
 100-15  may require the probationer to pay all or a part of the reasonable
 100-16  and necessary costs incurred by the victim for psychological
 100-17  counseling made necessary by the offense, upon a finding that the
 100-18  probationer is financially able to make payment.  Any payments
 100-19  ordered under this subsection may not extend past one year from the
 100-20  date of the order.>
 100-21        Sec. 15.  COMMUNITY SUPERVISION FOLLOWING RELEASE FROM
 100-22  INSTITUTIONAL DIVISION.  (a)  If a defendant imprisoned in the
 100-23  institutional division of the Texas Department of Criminal Justice
 100-24  is released before the date the sentence is discharged, the
 100-25  jurisdiction of the judge who sentenced the defendant is reinstated
 100-26  and continues from the date of release to the discharge date.  The
 100-27  judge and the community supervision and corrections department
  101-1  serving the court shall supervise the defendant during the period
  101-2  from the date of release to the discharge date.  The judge's
  101-3  jurisdiction is limited to the authority given a judge over
  101-4  defendants under this section and Sections 10-12, 16-19, 21, and 22
  101-5  of this article.  A court may not extend a supervision period
  101-6  beyond a defendant's discharge date and may not require the
  101-7  defendant to submit to any condition of community supervision after
  101-8  the discharge date.
  101-9        (b)  After a hearing under Section 21 of this article, the
 101-10  judge may revoke community supervision and return the defendant to
 101-11  the physical custody of the institutional division of the Texas
 101-12  Department of Criminal Justice if:
 101-13              (1)  the defendant was sentenced to the institutional
 101-14  division for murder or a first degree felony and the judge
 101-15  determines by a preponderance of the evidence that the defendant
 101-16  violated a condition of community supervision; or
 101-17              (2)  the defendant was sentenced to the institutional
 101-18  division for a second, third, or fourth degree felony and the
 101-19  defendant violated a condition of community supervision by
 101-20  committing a subsequent felony or by absconding.
 101-21        (c)  After a hearing under Section 21 of this article, the
 101-22  judge may impose any other reasonable condition of community
 101-23  supervision on the defendant, including placement of the defendant
 101-24  for a term not to exceed 180 days in a regional work facility
 101-25  described by Section 9, Article 42.13, of this code, if:
 101-26              (1)  the court finds by a preponderance of the evidence
 101-27  that the defendant committed a violation of a condition of
  102-1  community supervision other than a violation described by
  102-2  Subsection (b)(2) of this section; or
  102-3              (2)  the court makes a determination not to revoke
  102-4  community supervision and return the defendant to the physical
  102-5  custody of the institutional division.  <RESTITUTION.  (a)  If a
  102-6  payment is received under Section 6(a)(8) or (a)(14) of this
  102-7  article from a probationer for transmittal to a victim of an
  102-8  offense, the probation department that receives the payment for
  102-9  disbursement to the victim shall deposit the payment in an
 102-10  interest-bearing account in the department having original
 102-11  jurisdiction.  The department shall transmit the payment to the
 102-12  victim as soon as practicable.>
 102-13        <(a)  If the court requires a probationer to make restitution
 102-14  to a victim of the probationer's offense, and a payment is received
 102-15  under this article from the probationer for transmittal to a victim
 102-16  of the offense, the probation department that receives the payment
 102-17  for disbursement to the victim shall immediately deposit the
 102-18  payment in an interest-bearing account in the department having
 102-19  original jurisdiction.  The department shall transmit the payment
 102-20  to the victim as soon as practicable.>
 102-21        <(b)  If a victim cannot be located, immediately after
 102-22  receiving a final payment in satisfaction of an order of
 102-23  restitution for the victim, the probation department shall notify
 102-24  the victim of that fact by certified mail, mailed to the last known
 102-25  address of the victim.  If after receiving notice, a victim makes a
 102-26  claim for payment, the probation department promptly shall remit
 102-27  the payment to the victim.  Not earlier than the fifth anniversary
  103-1  of the date on which a probation department mails notice under this
  103-2  subsection, if the victim has not made a claim for payment, the
  103-3  probation department shall transfer the payment from the
  103-4  interest-bearing account to the comptroller of public accounts,
  103-5  after deducting five percent of the payment as a collection fee and
  103-6  deducting any interest accrued on the payment.  The comptroller
  103-7  shall deposit the payment in the state treasury to the credit of
  103-8  the compensation to victims of crime auxiliary fund.>
  103-9        <(b)  If a victim cannot be located, immediately after
 103-10  receiving a final payment in satisfaction of an order of
 103-11  restitution for the victim the probation department shall attempt
 103-12  to notify the victim of that fact by certified mail, mailed to the
 103-13  last known address of the victim.  If a victim then makes a claim
 103-14  for payment, the probation department promptly shall remit the
 103-15  payment to the victim.  Not earlier than the fifth anniversary of
 103-16  the date on which a probation department mails notice under this
 103-17  subsection, if the victim has not made a claim for payment, the
 103-18  probation department shall transfer the payment from the
 103-19  interest-bearing account to the comptroller of public accounts,
 103-20  after deducting five percent of the payment as a collection fee and
 103-21  deducting any interest accrued on the payment.  The comptroller
 103-22  shall deposit the payment in the state treasury to the credit of
 103-23  the compensation to victims of crime auxiliary fund.>
 103-24        <(c)  The collection fee under Subsection (b) of this section
 103-25  and the accrued interest under Subsections (a) and (b) of this
 103-26  Section shall be deposited in the special fund of the county
 103-27  treasury provided by Section 11, Article 42.13, of this code to be
  104-1  used for the same purposes for which state aid may be used under
  104-2  that section.  The probation department has a maximum of 121 days
  104-3  after the four-year expiration date to transfer the funds to the
  104-4  comptroller's office.  Failure to comply with the 121-day deadline
  104-5  will result in a five percent collection fee penalty calculated
  104-6  from the total deposit and all interest attributable to the
  104-7  unclaimed funds.>
  104-8        <(d)  If the victim of the offense claims the payment during
  104-9  the four-year period in which the payment is held in the
 104-10  interest-bearing account, the probation department shall pay the
 104-11  victim the amount of the original payment, less any interest earned
 104-12  while holding the payment.  After the payment has been transferred
 104-13  to the comptroller, the probation department has no liability in
 104-14  regard to the payment, and any claim for the payment must be made
 104-15  to the comptroller.  If the victim makes a claim to the
 104-16  comptroller, the comptroller shall pay the victim the amount of the
 104-17  original payment, less the collection fee, from the compensation to
 104-18  victims of crime auxiliary fund.>
 104-19        <Sec. 16.  WORK PROBATION.  (a)  A court granting probation
 104-20  to a defendant convicted of a felony may require as a condition of
 104-21  probation that the defendant work a specified number of hours under
 104-22  Section 17 of this article or work a specified number of hours in a
 104-23  supervision work program authorized under this section, unless the
 104-24  court determines that the defendant is physically or mentally
 104-25  incapable of participating in the work program or that
 104-26  participating in the work program will work a hardship on the
 104-27  defendant or the defendant's dependents, in which event the court
  105-1  shall note that fact on the order granting probation.  The amount
  105-2  of work hours may not be less than 24 hours and may not be more
  105-3  than 1,000 hours.  The court may not require the defendant to work
  105-4  more than eight hours during any week.  The court shall make a
  105-5  good-faith effort to place the defendant in a type of work for
  105-6  which the defendant's previous job experience makes the defendant
  105-7  most suited.>
  105-8        <(b)  The director of a probation department may contract
  105-9  with state agencies or political subdivisions of the state, using
 105-10  defendants required to participate in a work program under this
 105-11  section, to perform tasks contracted for by the agency or
 105-12  subdivision.  Proceeds from a contract entered into under this
 105-13  subsection shall be used by the probation department to offset
 105-14  expenses incurred by the department in supervising probationers
 105-15  participating in the work program.  Any proceeds in excess of the
 105-16  amount needed to offset the expenses, including the purchase of
 105-17  liability insurance and workers' compensation coverage for
 105-18  probationers performing community service work, shall be remitted
 105-19  by the director of the probation department to the Texas Adult
 105-20  Probation Commission.  Proceeds received by the commission under
 105-21  this subsection shall be used to offset expenses incurred by the
 105-22  commission in assisting probation departments to establish and
 105-23  administer programs under this section.  Any proceeds in excess of
 105-24  the amount needed to offset the expenses shall be remitted by the
 105-25  commission to the comptroller of public accounts, to be deposited
 105-26  in the general revenue fund.>
 105-27        <(c)  A director of an adult probation department may
  106-1  contract for work probation programs with nonprofit organizations
  106-2  that serve the public good by providing assistance to the poor,
  106-3  assisting the elderly, or performing other projects that benefit
  106-4  the community.  Under the contract, defendants required under this
  106-5  section to participate in a work program as a condition of
  106-6  probation shall perform tasks assigned by the nonprofit
  106-7  organization.  The nonprofit organization in turn must enter into
  106-8  contracts with state agencies, political subdivisions, or other
  106-9  nonprofit organizations under which the nonprofit organization
 106-10  furnishes supervised persons to participate in work projects for
 106-11  the public good.>
 106-12        <(d)  A director of an adult probation department, an
 106-13  employee of a department, an officer of a state agency or political
 106-14  subdivision, an organization acting in furtherance of a court's
 106-15  work program order, a director of the organization, or an
 106-16  authorized volunteer working for or utilized by the organization is
 106-17  not liable for damages arising from an act or failure to act by the
 106-18  director, officer, employee, or volunteer in connection with a work
 106-19  program described by this section if the act or failure to act:>
 106-20              <(1)  was performed in an official capacity or in
 106-21  furtherance of a court's work program order; and>
 106-22              <(2)  was not intentional, wilfully or wantonly
 106-23  negligent, or performed with conscious indifference or reckless
 106-24  disregard for the safety of others.>
 106-25        <(e)  Chapter 101, Civil Practice and Remedies Code, does not
 106-26  apply to a claim based on an act or a failure to act of an adult
 106-27  probation department, a director, officer, or employee of a
  107-1  department, a state agency or political subdivision, an officer or
  107-2  employee of a state agency or political subdivision, an
  107-3  organization acting in furtherance of a court's work program order,
  107-4  a director of the organization, or an authorized volunteer working
  107-5  for or utilized by the organization if the act or failure to act is
  107-6  in connection with a work program.>
  107-7        <(f)  This section may not be used by a court in a manner
  107-8  that results in a loss of jobs by employees of the state or any
  107-9  political subdivision of the state.>
 107-10        <(g)  State agencies and political subdivisions of the state
 107-11  entering into contracts under this section may require liability
 107-12  and workers' compensation coverage to the maximum of their
 107-13  liability limits as a condition for entry into the contract and may
 107-14  also require that the contracting unit of government and its agents
 107-15  and employees be coinsured under the policies.>
 107-16        <(h)  Notwithstanding the provisions of Subsection (a) of
 107-17  this section, a court may order a defendant who is not employed to
 107-18  perform up to 32 hours of work probation under this section and may
 107-19  direct the defendant to use the remaining hours of the week to seek
 107-20  employment.>
 107-21        Sec. 16 <17>.  COMMUNITY SERVICE.  <(a)>  If a judge requires
 107-22  <the court places a defendant on probation, the court may require,>
 107-23  as a condition of community supervision <the probation,> that the
 107-24  defendant work a specified number of hours at a community service
 107-25  project or projects for an organization or organizations approved
 107-26  by the judge and designated by the department <named in the court's
 107-27  order>, the <and may also require that the defendant submit to
  108-1  testing for controlled substances>.
  108-2        <(b)  The> amount of community service work ordered by the
  108-3  judge <court>:
  108-4              (1)  may not exceed 1,000 hours and may not be less
  108-5  than 320 hours for an offense classified as murder or a first
  108-6  degree felony;
  108-7              (2)  may not exceed 800 hours and may not be less than
  108-8  240 hours for an offense classified as a second degree felony;
  108-9              (3)  may not exceed 600 hours and may not be less than
 108-10  160 hours for an offense classified as a third degree felony or a
 108-11  fourth degree felony;
 108-12              (4)  may not exceed 200 hours and may not be less than
 108-13  80 hours for an offense classified as a Class A misdemeanor or for
 108-14  any other misdemeanor for which the maximum permissible
 108-15  imprisonment, if any, exceeds six months or the maximum permissible
 108-16  fine, if any, exceeds $1,000; and
 108-17              (5)  may not exceed 100 hours and may not be less than
 108-18  24 hours for an offense classified as a Class B misdemeanor or for
 108-19  any other misdemeanor for which the maximum permissible
 108-20  imprisonment, if any, does not exceed six months and the maximum
 108-21  permissible fine, if any, does not exceed $1,000.
 108-22        <(c)  A director of a community supervision and corrections
 108-23  department, an employee of a department, or an officer of a state
 108-24  agency or political subdivision is not liable for damages arising
 108-25  from an act or failure to act by the director, employee, or officer
 108-26  in connection with a community restitution service program
 108-27  described by this section if the act or failure to act:>
  109-1              <(1)  was performed in an official capacity; and>
  109-2              <(2)  was not intentional, wilfully or wantonly
  109-3  negligent, or performed with conscious indifference or reckless
  109-4  disregard for the safety of others.>
  109-5        <(d)  Chapter 101, Civil Practice and Remedies Code, does not
  109-6  apply to a claim based on an act or a failure to act of a community
  109-7  supervision and corrections department, a director, officer, or
  109-8  employee of a department, a state agency or political subdivision,
  109-9  or an officer or employee of a state agency or political
 109-10  subdivision if the act or failure to act is in connection with a
 109-11  community service program.>
 109-12        <(e)  A sheriff, employee of a sheriff's department, county
 109-13  commissioner, county employee, county judge, employee of a
 109-14  community corrections and supervision department, restitution
 109-15  center, or officer or employee of a political subdivision other
 109-16  than a county is not liable for damages arising from an act or
 109-17  failure to act in connection with community service performed by an
 109-18  inmate pursuant to this article if the act or failure to act:>
 109-19              <(1)  was performed pursuant to court order; and>
 109-20              <(2)  was not intentional, wilfully or wantonly
 109-21  negligent, or performed with conscious indifference or reckless
 109-22  disregard for the safety of others.>
 109-23        Sec. 17.  CHANGE OF RESIDENCE; LEAVING THE STATE.  (a)  If,
 109-24  for good and sufficient reasons, a defendant desires to change his
 109-25  residence within the state, the change may be effected by
 109-26  application to the supervising supervision officer, which change
 109-27  shall be subject to the judge's consent and subject to such
  110-1  regulations as the judge may require in the absence of an officer
  110-2  in the locality to which the defendant is transferred.
  110-3        (b)  Any defendant who removes himself from the state without
  110-4  permission of the judge having jurisdiction of the case shall be
  110-5  considered a fugitive from justice and shall be subject to
  110-6  extradition as provided by law.  <18.  RESTITUTION CENTERS.  (a)
  110-7  If a judge places a defendant on probation under any provision of
  110-8  this article as an alternative to imprisonment, the judge may
  110-9  require as a condition of probation that the defendant serve a term
 110-10  of not less than three months or more than 12 months in a
 110-11  restitution center if:>
 110-12              <(1)  the district is served by a restitution center or
 110-13  contracts with a department that agrees to provide spaces in its
 110-14  restitution center;>
 110-15              <(2)  the defendant is not sentenced for a felony
 110-16  offense under Title 5, Penal Code; and>
 110-17              <(3)  the trier of facts determines that the defendant
 110-18  did not cause the serious bodily injury or death of another as a
 110-19  result of the commission of the offense or use a deadly weapon
 110-20  during the commission of or flight from the offense>.
 110-21        <(b)  If a jury recommends that an eligible defendant serve
 110-22  an alternate term in a restitution center, the judge shall follow
 110-23  the jury's recommendation.>
 110-24        <(c)  A probationer granted probation under this section may
 110-25  not earn good conduct credit for time spent in a restitution center
 110-26  or apply time spent in the center toward completion of a prison
 110-27  sentence if the probation is revoked.>
  111-1        <(d)  As directed by the judge but at least once during every
  111-2  three months after the date that a probationer is in a restitution
  111-3  center, the restitution center director shall file with the chief
  111-4  adult probation officer or the probation department director a copy
  111-5  of an evaluation made by the director of the probationer's behavior
  111-6  and attitude at the center.  The officer or director shall examine
  111-7  the evaluation, make written comments on the evaluation that he
  111-8  considers relevant, and file the evaluation and comments with the
  111-9  judge who granted probation to the probationer.  If the evaluation
 111-10  indicates that the probationer has made significant progress toward
 111-11  compliance with court-ordered conditions of probation and payment
 111-12  of restitution, the court may release the probationer from the
 111-13  restitution center.  The probationer shall serve the remainder of
 111-14  his probation under any terms and conditions the court imposes
 111-15  under this article.>
 111-16        <(e)  No later than nine months after the date on which a
 111-17  defendant is granted probation under this section, the restitution
 111-18  center director shall file with the chief adult probation officer
 111-19  or the probation department director a copy of an evaluation made
 111-20  by the director of the probationer's behavior and attitude at the
 111-21  center.  The officer or director shall examine the evaluation, make
 111-22  written comments on the evaluation that he considers relevant, and
 111-23  file the evaluation and comments with the judge who granted
 111-24  probation to the defendant.  If the report indicates that the
 111-25  probationer has made significant progress toward court-ordered
 111-26  conditions of probation and payment of restitution, the court may
 111-27  modify its sentence and release the probationer in the same manner
  112-1  as provided by Subsection (d) of this section.  If the report
  112-2  indicates that the probationer would benefit from continued
  112-3  participation in the restitution center program, the court may
  112-4  order the probationer to remain at the restitution center for a
  112-5  period determined by the court.  If the report indicates that the
  112-6  probationer has not made significant progress toward
  112-7  rehabilitation, the court may revoke  probation and order the
  112-8  prisoner to the term of imprisonment specified in the probationer's
  112-9  sentence.>
 112-10        <(f)  If ordered by the judge who placed the defendant on
 112-11  probation, a restitution center director shall attempt to secure
 112-12  employment for the probationer.  The director shall also attempt to
 112-13  place a probationer as a worker in a community-service project of a
 112-14  type described by Section 17 of this article, either during
 112-15  off-work hours if the probationer is employed or during any time if
 112-16  the probationer is unable to find employment, if so ordered by the
 112-17  judge that placed the defendant on probation.>
 112-18        <(g)  The employer of a probationer participating in a
 112-19  program under this section shall deliver the  probationer's salary
 112-20  to the restitution center director.  The director shall deposit the
 112-21  salary into a fund to be given to the   probationer on his release
 112-22  after deducting:>
 112-23              <(1)  the cost to the center for the probationer's
 112-24  food, housing, and supervision;>
 112-25              <(2)  necessary travel expense to and from work and
 112-26  community-service projects and other incidental expenses of the
 112-27  probationer;>
  113-1              <(3)  support of the probationer's dependents; and>
  113-2              <(4)  restitution to the victims of an offense
  113-3  committed by the probationer.>
  113-4        <(h)  If a restitution center director is unable to find
  113-5  employment for a probationer, the director may transfer the
  113-6  probationer to the supervision of the director of another
  113-7  restitution center who agrees to accept the probationer as a
  113-8  participant in the center's program.>
  113-9        <(i)  A restitution center director may grant a short-term
 113-10  furlough to a probationer and may grant an emergency furlough to a
 113-11  probationer for the documented purposes of obtaining medical
 113-12  treatment or diagnosis or attending funerals or visiting critically
 113-13  ill relatives.>
 113-14        <(j)  A probationer participating in a program under this
 113-15  article shall be confined in the restitution center at all times
 113-16  except for:>
 113-17              <(1)  time spent at work and traveling to and from
 113-18  work;>
 113-19              <(2)  time spent attending and traveling to and from an
 113-20  education or rehabilitation program approved by the restitution
 113-21  center director or the court;>
 113-22              <(3)  time spent attending and traveling to and from a
 113-23  community-service project; and>
 113-24              <(4)  time spent on short-term or emergency furlough.>
 113-25        Sec. 18 <19>.  COMMUNITY CORRECTIONS FACILITIES <OTHER THAN
 113-26  RESTITUTION CENTERS>.  (a)  In this section, "community corrections
 113-27  facility" means a facility described by Subsection (b)(2) <listed
  114-1  in Subdivision (1)> of Section 1 <5>, Article 42.13, of this code<,
  114-2  other than a restitution center>.
  114-3        (b)  If a judge requires <places a defendant on probation
  114-4  under any provision of this article as an alternative to
  114-5  imprisonment, the judge may require> as a condition of community
  114-6  supervision <probation> that the defendant serve a term <of not
  114-7  less than one month or more than 24 months> in a community
  114-8  corrections facility, the term may not be less than one month or
  114-9  more than 24 months <designated by the judge if:>
 114-10              <(1)  the district is served by such a community
 114-11  corrections facility or contracts with a department that agrees to
 114-12  provide spaces in its community corrections facility of that type;
 114-13  and>
 114-14              <(2)  the trier of facts determines that the defendant
 114-15  did not cause the serious bodily injury or death of another as a
 114-16  result of the commission of the offense or use a deadly weapon
 114-17  during the commission of or flight from the offense>.
 114-18        (c)  <If a jury recommends that an eligible defendant serve
 114-19  an alternate term in a community corrections facility, the judge
 114-20  shall follow the jury's recommendation.>
 114-21        <(d)>  A defendant <probationer> granted community
 114-22  supervision <probation> under this section may not earn good
 114-23  conduct credit for time spent in a community corrections facility
 114-24  or apply time spent in the facility toward completion of a prison
 114-25  sentence if the community supervision <probation> is revoked.
 114-26        (d) <(e)>  As directed by the judge, the corrections facility
 114-27  director shall file with the community supervision and corrections
  115-1  <chief adult probation officer or the probation> department
  115-2  director a copy of an evaluation made by the director of the
  115-3  defendant's <probationer's> behavior and attitude at the facility.
  115-4  The <officer or> director shall examine the evaluation, make
  115-5  written comments on the evaluation that he considers relevant, and
  115-6  file the evaluation and comments with the judge who granted
  115-7  community supervision <probation> to the defendant <probationer>.
  115-8  If the evaluation indicates that the defendant <probationer> has
  115-9  made significant progress toward compliance with court-ordered
 115-10  conditions of community supervision <probation>, the court may
 115-11  release the defendant <probationer> from the community corrections
 115-12  facility.  The defendant <probationer> shall serve the remainder of
 115-13  his community supervision <probation> under any terms and
 115-14  conditions the court imposes under this article.
 115-15        (e) <(f)>  No later than 18 months after the date on which a
 115-16  defendant is granted community supervision <probation> under this
 115-17  section, the community corrections facility director shall file
 115-18  with the community supervision and corrections <chief adult
 115-19  probation officer or the probation> department director a copy of
 115-20  an evaluation made by the director of the defendant's
 115-21  <probationer's> behavior and attitude at the center.  The <officer
 115-22  or> director shall examine the evaluation, make written comments on
 115-23  the evaluation that he considers relevant, and file the evaluation
 115-24  and comments with the judge who granted community supervision
 115-25  <probation> to the defendant.  If the report indicates that the
 115-26  defendant <probationer> has made significant progress toward
 115-27  court-ordered conditions of community supervision <probation>, the
  116-1  court shall modify its sentence and release the defendant
  116-2  <probationer> in the same manner as provided by Subsection (e) of
  116-3  this section.  If the report indicates that the defendant
  116-4  <probationer> would benefit from continued participation in the
  116-5  community corrections facility program, the court may order the
  116-6  defendant <probationer> to remain at the community corrections
  116-7  facility for a period determined by the court.  If the report
  116-8  indicates that the defendant <probationer> has not made significant
  116-9  progress toward rehabilitation, the court may revoke community
 116-10  supervision <probation> and order the defendant <prisoner> to the
 116-11  term of confinement <imprisonment> specified in the defendant's
 116-12  <probationer's> sentence.
 116-13        (f) <(g)>  If ordered by the judge who placed the defendant
 116-14  on community supervision <probation>, a community corrections
 116-15  facility director shall attempt to place a defendant <probationer>
 116-16  as a worker in a community-service project of a type described by
 116-17  Section 16 <17> of this article.
 116-18        (g) <(h)  A community corrections facility director has the
 116-19  same authority as a restitution center director has under Section
 116-20  18(i) of this article.>
 116-21        <(i)>  A defendant <probationer> participating in a program
 116-22  under this article shall be confined in the community corrections
 116-23  facility at all times except for:
 116-24              (1)  time spent attending and traveling to and from an
 116-25  education or rehabilitation program as ordered by the court;
 116-26              (2)  time spent attending and traveling to and from a
 116-27  community-service project; <and>
  117-1              (3)  time spent away from the facility for purposes
  117-2  described by <Section 18(i) of> this section; and
  117-3              (4)  time spent traveling to and from work, if
  117-4  applicable <article>.
  117-5        (h)  A court that requires as a condition of community
  117-6  supervision that the defendant serve a term in a community
  117-7  corrections facility may not impose a subsequent term in a
  117-8  community corrections facility during the same supervision period
  117-9  that, when added to the terms previously imposed, exceeds 24
 117-10  months.
 117-11        (i)  The employer of a defendant participating in a program
 117-12  under this section shall deliver the defendant's salary to the
 117-13  restitution center director.  The director shall deposit the salary
 117-14  into a fund to be given to the defendant on his release after
 117-15  deducting:
 117-16              (1)  the cost to the center for the defendant's food,
 117-17  housing, and supervision;
 117-18              (2)  necessary travel expense to and from work and
 117-19  community-service projects and other incidental expenses of the
 117-20  defendant;
 117-21              (3)  support of the defendant's dependents; and
 117-22              (4)  restitution to the victims of an offense committed
 117-23  by the defendant.
 117-24        <Sec. 20.  INTENSIVE OR MAXIMUM PROBATION.  If a judge
 117-25  determines that a defendant whom the judge would otherwise sentence
 117-26  to the institutional division of the Texas Department of Criminal
 117-27  Justice would benefit from intensive or maximum probation, the
  118-1  judge shall suspend imposition of the sentence and place the
  118-2  defendant on intensive or maximum probation.>
  118-3        <Sec. 21.  ELECTRONIC MONITORING.  (a)  If a judge sentences
  118-4  a defendant to a term of confinement in the county jail or
  118-5  imprisonment in the institutional division of the Texas Department
  118-6  of Criminal Justice, the defendant is eligible for probation, and
  118-7  the district is served by a district probation office that has an
  118-8  electronic monitoring program approved by the community justice
  118-9  assistance division of the Texas Department of Criminal Justice,
 118-10  the judge may suspend imposition of the sentence of imprisonment or
 118-11  confinement and require as a condition of probation that the
 118-12  defendant submit to electronic monitoring.  The judge may also
 118-13  require the defendant to submit to testing for controlled
 118-14  substances.>
 118-15        <(b)  The court may, on a determination that the probationer
 118-16  has made significant progress toward compliance with court-ordered
 118-17  conditions of probation, release the probationer from the
 118-18  electronic monitoring program.  The probationer shall serve the
 118-19  remainder of his probation under any terms and conditions the court
 118-20  imposes under this article.>
 118-21        <(b)  If at any time after a probationer is placed on
 118-22  probation under this section the court determines the probationer
 118-23  has violated a condition of probation under this section or any
 118-24  other section of this article, the court may revoke probation and
 118-25  order the probationer to the term of imprisonment or confinement
 118-26  specified in the probationer's sentence.>
 118-27        <(d)  A probationer serving on electronic monitoring as a
  119-1  court-ordered condition of probation commits an offense if he
  119-2  intentionally or recklessly damages or destroys any of the
  119-3  electronic monitoring devices.  An offense under this subsection is
  119-4  a Class B misdemeanor.>
  119-5        Sec. 19 <22>.  FEES.  (a)  Except as otherwise provided by
  119-6  this subsection, a judge <court> granting community supervision
  119-7  <probation> shall fix a fee of not less than $25 and not more than
  119-8  $40 per month to be paid to the court by the defendant
  119-9  <probationer> during the community supervision <probationary>
 119-10  period.  The judge <court> may make payment of the fee a condition
 119-11  of granting or continuing the community supervision <probation>.
 119-12  The judge <court> may waive or reduce the fee or suspend a monthly
 119-13  payment of the fee if the judge <it> determines that payment of the
 119-14  fee would cause the defendant <probationer> a significant financial
 119-15  hardship.
 119-16        (b)  The judge <court> shall deposit the fees received under
 119-17  Subsection (a) of this section in the special fund of the county
 119-18  treasury, to be used for the same purposes for which state aid may
 119-19  be used under Article 42.131 of this code.
 119-20        (c)  A judge <court> receiving a defendant <probationer> for
 119-21  supervision as authorized by Article 42.11 of this code may impose
 119-22  on the defendant <probationer> any term of community supervision
 119-23  <probation> authorized by this article and may require the
 119-24  defendant <probationer> to pay the fee authorized by Subsection (a)
 119-25  of this section.  Fees received under this section shall be
 119-26  deposited in the same manner as required by Subsection (b) of this
 119-27  section.
  120-1        (d)  For the purpose of determining when fees due on
  120-2  conviction are to be paid to any officer or officers, the placing
  120-3  of the defendant on community supervision <probation> shall be
  120-4  considered a final disposition of the case, without the necessity
  120-5  of waiting for the termination of the period of community
  120-6  supervision <probation or suspension of sentence>.
  120-7        Sec. 20 <23>.  REDUCTION OR TERMINATION OF COMMUNITY
  120-8  SUPERVISION <PROBATION>.  (a)  At any time, after the defendant has
  120-9  satisfactorily completed 50 percent <one-third> of the original
 120-10  community supervision <probationary> period or two years of
 120-11  community supervision <probation>, whichever is less <the lesser>,
 120-12  the period of community supervision <probation> may be reduced or
 120-13  terminated by the judge <court>.  Upon the satisfactory fulfillment
 120-14  of the conditions of community supervision <probation>, and the
 120-15  expiration of the period of community supervision <probation>, the
 120-16  judge <court>, by order duly entered, shall amend or modify the
 120-17  original sentence imposed, if necessary, to conform to the
 120-18  community supervision <probation> period and shall discharge the
 120-19  defendant.  If <In case the defendant has been convicted or has
 120-20  entered a plea of guilty or a plea of nolo contendere to an offense
 120-21  other than an offense under Subdivision (2), Subsection (a),
 120-22  Section 19.05, Penal Code, or an offense under Article 6701l-1,
 120-23  Revised Statutes, and> the judge <court> discharges the <has
 120-24  discharged the> defendant under this section, the judge <hereunder,
 120-25  such court>  may set aside the verdict or permit the defendant to
 120-26  withdraw his plea, and shall dismiss the accusation, complaint,
 120-27  information or indictment against the <such> defendant, who shall
  121-1  thereafter be released from all penalties and disabilities
  121-2  resulting from the offense or crime of which he has been convicted
  121-3  or to which he has pleaded guilty, except that:
  121-4              (1)  proof of the <his said> conviction or plea of
  121-5  guilty shall be made known to the judge <court> should the
  121-6  defendant again be convicted of any criminal offense; and
  121-7              (2)  if the defendant is an applicant for a license or
  121-8  is a licensee under Chapter 42, Human Resources Code, the Texas
  121-9  Department of Human Services may consider the fact that the
 121-10  defendant previously has received community supervision <probation>
 121-11  under this article <section> in issuing, renewing, denying, or
 121-12  revoking a license under that chapter.
 121-13        (b)  This section does not apply to a defendant:
 121-14              (1)  serving a sentence of community supervision on
 121-15  conviction of a fourth degree felony;
 121-16              (2)  serving a period of post-imprisonment supervision;
 121-17  or
 121-18              (3)  convicted of an offense under Sections
 121-19  49.04-49.08, Penal Code.
 121-20        Sec. 21 <24>.  VIOLATION OF COMMUNITY SUPERVISION
 121-21  <PROBATION>:  DETENTION AND HEARING.  (a)  At any time during the
 121-22  period of community supervision <probation> the judge <court> may
 121-23  issue a warrant for violation of any of the conditions of the
 121-24  community supervision <probation> and cause a defendant convicted
 121-25  under Section 43.02, Penal Code, or under Chapter 481, Health and
 121-26  Safety Code, or Sections 485.031 through 485.035, Health and Safety
 121-27  Code, or placed on deferred adjudication after being charged with
  122-1  one of those offenses, to be subject to the control measures of
  122-2  Section 81.083, Health and Safety Code, and to the
  122-3  court-ordered-management provisions of Subchapter G, Chapter 81,
  122-4  Health and Safety Code.
  122-5        (b)  At any time during the period of community supervision
  122-6  <probation> the judge <court> may issue a warrant for violation of
  122-7  any of the conditions of the community supervision <probation> and
  122-8  cause the defendant to be arrested.  Any supervision <probation>
  122-9  officer, police officer or other officer with power of arrest may
 122-10  arrest such defendant with or without a warrant upon the order of
 122-11  the judge <of such court> to be noted on the docket of the court.
 122-12  A defendant <probationer> so arrested may be detained in the county
 122-13  jail or other appropriate place of confinement <detention> until he
 122-14  can be taken before the judge <court>.  Such officer shall
 122-15  forthwith report such arrest and detention to such judge <court>.
 122-16  If the defendant has not been released on bail, on motion by the
 122-17  defendant the judge <court> shall cause the defendant to be brought
 122-18  before the judge <it> for a hearing within 20 days of filing of
 122-19  said motion, and after a hearing without a jury, may either
 122-20  continue, extend, modify, or revoke the community supervision
 122-21  <probation>.  A judge <court> may revoke the community supervision
 122-22  <probation> of a defendant who is imprisoned <confined> in a penal
 122-23  <or correctional> institution without a hearing if the defendant in
 122-24  writing before a court of record in the jurisdiction where
 122-25  imprisoned <confined> waives his right to a hearing and to counsel,
 122-26  affirms that he has nothing to say as to why sentence should not be
 122-27  pronounced against him, and requests the judge <court> to revoke
  123-1  community supervision <probation> and to pronounce sentence.  In a
  123-2  felony case, the state may amend the motion to revoke community
  123-3  supervision <probation> any time up to seven days before the date
  123-4  of the revocation hearing, after which time the motion may not be
  123-5  amended except for good cause shown, and in no event may the state
  123-6  amend the motion after the commencement of taking evidence at the
  123-7  hearing.  The judge <court> may continue the hearing for good cause
  123-8  shown by either the defendant or the state.
  123-9        (c) <(b)>  In a community supervision <probation> revocation
 123-10  hearing at which it is alleged only that the defendant
 123-11  <probationer> violated the conditions of community supervision
 123-12  <probation> by failing to pay compensation paid to appointed
 123-13  counsel, community supervision <probation> fees, court costs,
 123-14  restitution, or reparations, the inability of the defendant
 123-15  <probationer> to pay as ordered by the judge <court> is an
 123-16  affirmative defense to revocation, which the defendant
 123-17  <probationer> must prove by a preponderance of evidence.
 123-18        (d) <(c)>  A defendant has a right to counsel at a hearing
 123-19  under this section.
 123-20        (e)  This section applies to a defendant sentenced to
 123-21  community supervision on conviction of an offense punishable as a
 123-22  fourth degree felony.  After a hearing under this section, the
 123-23  judge may place the defendant in a regional work facility described
 123-24  by Section 9, Article 42.13, of this code for a term not to exceed
 123-25  180 days, if the court finds by a preponderance of the evidence
 123-26  that the defendant violated a condition of community supervision.
 123-27  A court may impose confinement in a regional work facility under
  124-1  this section for terms not to exceed 180 days on subsequent
  124-2  violations of a condition of community supervision, but the initial
  124-3  180-day term of confinement does not apply to completion of a
  124-4  sentence of community supervision.
  124-5        Sec. 22 <25>.  CONTINUATION OR MODIFICATION.  (a)  If after a
  124-6  hearing under Section 21 <24> of this article a judge <court>
  124-7  continues or modifies community supervision <a felony probation>
  124-8  after determining that the defendant <probationer> violated a
  124-9  condition of community supervision <probation>, the judge <court>
 124-10  may impose any other conditions it determines are appropriate,
 124-11  including <one or more of the following sanctions on the
 124-12  probationer>:
 124-13              (1)  a requirement that the defendant <probationer>
 124-14  perform <work probation or> community service for a number of hours
 124-15  specified by the court under Section 16 <or 17> of this article, or
 124-16  an increase in the number of hours that the defendant <probationer>
 124-17  has previously been required to perform under those sections in an
 124-18  amount not to exceed double the number of hours permitted by
 124-19  Section 16;
 124-20              (2)  an increase in the period of community supervision
 124-21  <probation>, in the manner described by Subsection (b) of this
 124-22  section;
 124-23              (3)  an increase in the defendant's <probationer's>
 124-24  fine, in the manner described by Subsection (d) <(c)> of this
 124-25  section; and
 124-26              (4)  in a felony case, the placement of the defendant
 124-27  in a regional work facility described by Section 9, Article 42.13,
  125-1  of this code for a period not to exceed 180 days <probationer in an
  125-2  intensive or maximum probation program, in the same manner and
  125-3  under the same conditions as if the court had originally placed the
  125-4  probationer in that program;>
  125-5              <(5)  the placement of the probationer in an electronic
  125-6  monitoring program under Section 21 of this article;>
  125-7              <(6)  confinement in the county jail for a period not
  125-8  to exceed 30 days, to be served consecutively, or at the discretion
  125-9  of the court, in the manner provided by Article 42.033 or 42.034 of
 125-10  this code;>
 125-11              <(7)  placement in a community corrections facility, in
 125-12  the same manner and under the same conditions as if the court had
 125-13  originally placed the probationer in that program, if the
 125-14  probationer would have been eligible for sentencing to the center
 125-15  on conviction of the offense for which the probationer received
 125-16  probation;>
 125-17              <(8)  confinement in the county jail for a period not
 125-18  to exceed 90 days, to be served consecutively; or>
 125-19              <(9)  confinement in a facility operated by the
 125-20  institutional division of the Texas Department of Criminal Justice
 125-21  for a period of either 60 or 90 days, as specified by the court, if
 125-22  the court enters in the order modifying probation a statement that
 125-23  the court has previously imposed three or more sanctions on the
 125-24  defendant under this section>.
 125-25        (b)  The judge may extend a period of community supervision
 125-26  under this section as often as the judge determines is necessary,
 125-27  but in no case may the period of community supervision in a first,
  126-1  second, or third degree felony case exceed 10 years or the period
  126-2  of community supervision in a misdemeanor case exceed three years.
  126-3  A court may extend a period of community supervision under this
  126-4  section at any time during the period of supervision or, if a
  126-5  motion for revocation of community supervision is filed before the
  126-6  period of supervision ends, before the first anniversary of the
  126-7  expiration of the period of supervision.  <A court may impose a
  126-8  sanction on a probationer described by Subsection (a)(2) of this
  126-9  section by extending the period of probation for a period not to
 126-10  exceed one year.  The total period of probation, including any
 126-11  extensions under this subsection, may not exceed 10 years.>
 126-12        (c)  A judge <court> may impose a sanction on a defendant
 126-13  <probationer> described by Subsection (a)(3) of this section by
 126-14  increasing the fine imposed on the defendant.  The original fine
 126-15  imposed on the defendant <probationer> and an increase in the fine
 126-16  imposed under this subsection may not exceed the maximum fine for
 126-17  the offense for which the defendant <probationer> was sentenced.
 126-18  The judge <court> shall deposit money received from an increase in
 126-19  the defendant's <probationer's> fine under this subsection in the
 126-20  special fund of the county treasury to be used for the same
 126-21  purposes for which state aid may be used under Article 42.131 of
 126-22  this code.
 126-23        <(d)  If a court continues or modifies a misdemeanor
 126-24  probation after determining that the probationer violated a
 126-25  condition of probation, the court may extend the probationer's
 126-26  period of probation or increase the probationer's fine, in the same
 126-27  manner under Subsections (b) and (c) of this section as if the
  127-1  probationer were a felony probationer, except that the total period
  127-2  of probation, including any extensions imposed under this
  127-3  subsection, may not exceed three years.>
  127-4        Sec. 23 <26>.  REVOCATION.  (a)  If community supervision
  127-5  <probation> is revoked after a hearing under Section 21 <24> of
  127-6  this article, the judge <court> may proceed to dispose of the case
  127-7  as if there had been no community supervision <probation>, or if
  127-8  the judge <it> determines that the best interests of society and
  127-9  the defendant <probationer> would be served by a shorter term of
 127-10  confinement <imprisonment>, reduce the term of confinement
 127-11  <imprisonment> originally assessed to any term of confinement
 127-12  <imprisonment> not less than the minimum prescribed for the offense
 127-13  of which the defendant <probationer> was convicted.  The judge
 127-14  <court> shall enter the amount of restitution or reparation owed by
 127-15  the defendant on the date of revocation in the judgment in the
 127-16  case.
 127-17        (b)  No part of the time that the defendant is on community
 127-18  supervision <probation> shall be considered as any part of the time
 127-19  that he shall be sentenced to serve<, except for time spent by the
 127-20  defendant in actual confinement as a condition of probation under
 127-21  Section 12 or 13 of this article>.  The right of the defendant
 127-22  <probationer> to appeal <to the Court of Appeals> for a review of
 127-23  the <trial and> conviction and punishment, as provided by law,
 127-24  shall be accorded the defendant <probationer> at the time he is
 127-25  placed on community supervision <probation>.  When he is notified
 127-26  that his community supervision <probation> is revoked for violation
 127-27  of the conditions of community supervision <probation> and he is
  128-1  called on to serve a sentence in a jail or in the institutional
  128-2  division of the Texas Department of Criminal Justice <an
  128-3  institution operated by the Department of Corrections>, he may
  128-4  appeal the revocation.
  128-5        Sec. 24.  DEFERRED PROSECUTION.  (a)  An attorney
  128-6  representing the state may enter into an agreement with a defendant
  128-7  who has been arrested for a criminal offense but not charged with
  128-8  the offense to defer prosecution.
  128-9        (b)  The agreement shall specify that:
 128-10              (1)  the attorney representing the state shall provide
 128-11  the defendant with a rehabilitation plan with specific conditions;
 128-12              (2)  the duration of the rehabilitation plan will not
 128-13  exceed one year, except as provided by Subsection (c) of this
 128-14  section;
 128-15              (3)  the defendant will submit to the supervision of
 128-16  the local community supervision and corrections department to
 128-17  ensure completion of the rehabilitation plan;
 128-18              (4)  the defendant will pay reasonable costs for any
 128-19  programs required in the rehabilitation plan;
 128-20              (5)  failure of the defendant to complete in a timely
 128-21  manner the rehabilitation plan will result in the prosecution of
 128-22  the defendant for the offense for which the defendant was arrested;
 128-23              (6)  the attorney representing the state may not file
 128-24  charges on the offense for which the defendant was arrested during
 128-25  any period in which the defendant is making a good faith effort to
 128-26  complete the rehabilitation plan and will move to dismiss the
 128-27  charges under Article 32.02 of this code not later than the 30th
  129-1  day after the date on which the defendant successfully completes
  129-2  the plan; and
  129-3              (7)  the defendant waives the right to a speedy trial.
  129-4        (c)  The attorney representing the state may extend the
  129-5  period in which the defendant is required to complete the
  129-6  rehabilitation plan, for a period not to exceed one year, if the
  129-7  defendant has not:
  129-8              (1)  paid restitution or other fees specified in the
  129-9  rehabilitation plan;
 129-10              (2)  successfully completed any programs specified in
 129-11  the rehabilitation plan; or
 129-12              (3)  violated conditions specified in the
 129-13  rehabilitation plan.
 129-14        (d)  The attorney representing the state may not enter into
 129-15  an agreement with a defendant to defer prosecution under this
 129-16  section unless the community supervision and corrections department
 129-17  has an agreement with the attorney to supervise defendants under
 129-18  this section.
 129-19        (e)  The statute of limitations is tolled for any offense for
 129-20  the period during which prosecution is deferred under this section.
 129-21        <Sec. 27.  CHANGE OF RESIDENCE; LEAVING THE STATE.  (a)  If,
 129-22  for good and sufficient reasons, a probationer desires to change
 129-23  his residence within the State, such transfer may be effected by
 129-24  application to the supervising probation officer, which transfer
 129-25  shall be subject to the court's consent and subject to such
 129-26  regulations as the court may require in the absence of a probation
 129-27  officer in the locality to which the probationer is transferred.>
  130-1        <(b)  Any probationer who removes himself from the State of
  130-2  Texas without permission of the court having jurisdiction of the
  130-3  case shall be considered a fugitive from justice and shall be
  130-4  subject to extradition as now provided by law.>
  130-5        <Sec. 28.  PROGRAM TO ASSESS AND ENHANCE PROBATIONER'S
  130-6  EDUCATIONAL AND VOCATIONAL SKILLS.  (a)  A community supervision
  130-7  and corrections department, with the assistance of public school
  130-8  districts, community and public junior colleges, public and private
  130-9  institutions of higher education, and other appropriate public and
 130-10  private entities, may establish a developmental program for a
 130-11  probationer under the supervision of the department on the basis of
 130-12  information developed under Section 11(g) of this article, as added
 130-13  by Chapter 260, Acts of the 71st Legislature, Regular Session,
 130-14  1989.>
 130-15        <(b)  The developmental program may provide the probationer
 130-16  with the educational and vocational training necessary to:>
 130-17              <(1)  meet the average skill level required under
 130-18  Section 11(g) of this article, as added by Chapter 260, Acts of the
 130-19  71st Legislature, Regular Session, 1989; and>
 130-20              <(2)  maintain employment while under the supervision
 130-21  of the department, to lessen the likelihood that the probationer
 130-22  will commit additional offenses.>
 130-23        <(c)  To decrease expenditures by community supervision and
 130-24  corrections departments for the educational and vocational skills
 130-25  assessment and enhancement program established under this section,
 130-26  the Texas Department of Commerce shall provide information to
 130-27  community supervision and corrections departments, public school
  131-1  districts, community and public junior colleges, public and private
  131-2  institutions of higher education, and other appropriate public and
  131-3  private entities for obtaining financial assistance through the
  131-4  Texas Job-Training Partnership Act (Article 4413(52), Vernon's
  131-5  Texas Civil Statutes) and other applicable programs of public or
  131-6  private entities.>
  131-7        SECTION 3.02.  (a)  The change in law made by this article to
  131-8  Article 42.12, Code of Criminal Procedure, applies only to a
  131-9  defendant charged with or convicted of an offense committed on or
 131-10  after the effective date of this article.  For the purposes of this
 131-11  section, an offense is committed before the effective date of this
 131-12  article if any element of the offense occurs before that date.
 131-13        (b)  A defendant charged with or convicted of an offense
 131-14  committed before the effective date of this article is covered by
 131-15  the law in effect when the offense was committed, and the former
 131-16  law is continued in effect for this purpose.
 131-17                               ARTICLE 4
 131-18        SECTION 4.01.  Section 2, Article 37.07, Code of Criminal
 131-19  Procedure, is amended by adding Subsection (d) to read as follows:
 131-20        (d)  In any case in which the attorney representing the state
 131-21  has notified the defendant in writing not later than the _____ day
 131-22  before the date on which the trial commences that the state intends
 131-23  to allege a prior conviction for enhancement purposes under Chapter
 131-24  12, Penal Code, the judge shall determine whether the defendant has
 131-25  been convicted of the offense alleged in the written notice.  The
 131-26  notice must state the offense for which the defendant was
 131-27  convicted, the jurisdiction in which the defendant was convicted,
  132-1  and the date on which the defendant was convicted.  The state must
  132-2  prove the existence of the prior conviction by a preponderance of
  132-3  the evidence.  If the judge determines that the prior conviction
  132-4  exists, the judge shall enter an affirmative finding of that fact
  132-5  into the record of the case.
  132-6        SECTION 4.02.  Sections 3(a), (b), (d), and (f), Article
  132-7  37.07, Code of Criminal Procedure, are amended to read as follows:
  132-8        (a)  Regardless of the plea and whether the punishment be
  132-9  assessed by the judge or the jury, evidence may, as permitted by
 132-10  the Rules of Evidence, be offered by the state and the defendant as
 132-11  to any matter the court deems relevant to sentencing, including the
 132-12  prior criminal record of the defendant, his general reputation and
 132-13  his character.  The term prior criminal record means a final
 132-14  conviction in a court of record, <or> a probated or suspended
 132-15  sentence that has occurred prior to trial, <or> any final
 132-16  conviction material to the offense charged, or any unadjudicated
 132-17  offense other than an offense disposed of by deferred adjudication
 132-18  or deferred prosecution that the state proves the commission of
 132-19  beyond a reasonable doubt.  A court may consider as a factor in
 132-20  mitigating punishment the conduct of a defendant while
 132-21  participating in a program under Chapter 17 <Article 17.40 or
 132-22  17.42(a)> of this code as a condition of release on bail.
 132-23  Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal
 132-24  Evidence, evidence may be offered by the state and the defendant of
 132-25  an adjudication of delinquency based on a violation by the
 132-26  defendant of a penal law of the grade of felony unless:
 132-27              (1)  the adjudication is based on conduct committed
  133-1  more than five years before the commission of the offense for which
  133-2  the person is being tried; and
  133-3              (2)  in the five years preceding the date of the
  133-4  commission of the offense for which the person is being tried, the
  133-5  person did not engage in conduct for which the person has been
  133-6  adjudicated as a delinquent child or a child in need of supervision
  133-7  and did not commit an offense for which the person has been
  133-8  convicted.
  133-9        (b)  After the introduction of such evidence has been
 133-10  concluded, and if the jury has the responsibility of assessing the
 133-11  punishment, the court shall give such additional written
 133-12  instructions as may be necessary and the order of procedure and the
 133-13  rules governing the conduct of the trial shall be the same as are
 133-14  applicable on the issue of guilt or innocence.  If a judge enters
 133-15  an affirmative finding under Section 2(d) of this article, the
 133-16  judge shall instruct the jury on the enhanced range of the
 133-17  punishment applicable to the offense.
 133-18        (d)  When the judge assesses the punishment, he may order an
 133-19  investigative report as contemplated in Section 9 <4> of Article
 133-20  42.12 of this code and after considering the report, and after the
 133-21  hearing of the evidence hereinabove provided for, he shall
 133-22  forthwith announce his decision in open court as to the punishment
 133-23  to be assessed.
 133-24        (f)  Evidence of the extent of a defendant's ability to pay a
 133-25  fine is admissible during the penalty phase of a trial.
 133-26  Notwithstanding any other law, a court may order the production of
 133-27  income tax records or other documents relating to the defendant in
  134-1  order to determine the defendant's ability to pay a fine,
  134-2  restitution, reward, or other payment legally assessed, imposed, or
  134-3  ordered by a judge or jury <In cases in which the matter of
  134-4  punishment is referred to a jury, either party may offer into
  134-5  evidence the availability of community corrections facilities
  134-6  serving the jurisdiction in which the offense was committed>.
  134-7        SECTION 4.03.  Section 4, Article 37.07, Code of Criminal
  134-8  Procedure, is amended to read as follows:
  134-9        Sec. 4.  (a)  In the penalty phase of the trial of a murder,
 134-10  a first, second, or third degree felony, or a fourth degree felony
 134-11  in which prior convictions are alleged for enhancement purposes, if
 134-12  <case in which> the punishment is to be assessed by the jury rather
 134-13  than the court, <if the offense of which the jury has found the
 134-14  defendant guilty is listed in Section 3g(a)(1), Article 42.12, of
 134-15  this code or if the judgment contains an affirmative finding under
 134-16  Section 3g(a)(2), Article 42.12, of this code, unless the defendant
 134-17  has been convicted of a capital felony> the court shall charge the
 134-18  jury in writing as follows:
 134-19        "Under the law applicable in this case, the defendant, if
 134-20  sentenced to a term of imprisonment, may earn time off the period
 134-21  of incarceration imposed through the award of good conduct time.
 134-22  Prison authorities may award good conduct time to a prisoner who
 134-23  exhibits good behavior, diligence in carrying out prison work
 134-24  assignments, and attempts at rehabilitation.  If a prisoner engages
 134-25  in misconduct, prison authorities may also take away all or part of
 134-26  any good conduct time earned by the prisoner.
 134-27        "It is not <also> possible that the length of time for which
  135-1  the defendant will be imprisoned will <might> be reduced by the
  135-2  award of parole.
  135-3        "Under the law applicable in this case, if the defendant is
  135-4  sentenced to a term of imprisonment, he will serve, in the
  135-5  institutional division, not less than 80 percent of the sentence.
  135-6  The defendant will serve the balance of the sentence under the
  135-7  supervision of local criminal justice officials <not become
  135-8  eligible for parole until the actual time served equals one-fourth
  135-9  of the sentence imposed or 15 years, whichever is less, without
 135-10  consideration of any good conduct time he may earn.  If the
 135-11  defendant is sentenced to a term of less than six years, he must
 135-12  serve at least two years before he is eligible for parole.
 135-13  Eligibility for parole does not guarantee that parole will be
 135-14  granted>.
 135-15        "It cannot accurately be predicted how <the parole law and>
 135-16  good conduct time laws might be applied to this defendant if he is
 135-17  sentenced to a term of imprisonment, because the application of
 135-18  these laws will depend on decisions made by prison <and parole>
 135-19  authorities.
 135-20        "You may consider the existence of <the parole law and> good
 135-21  conduct time.  However, you are not to consider the extent to which
 135-22  good conduct time may be awarded to or forfeited by this particular
 135-23  defendant.  <You are not to consider the manner in which the parole
 135-24  law may be applied to this particular defendant.>"
 135-25        (b)  In the penalty phase of the trial of a fourth degree
 135-26  felony in which prior convictions are not alleged for enhancement
 135-27  purposes, the court shall instruct the jury in writing as follows:
  136-1        "Under the law applicable in this case, the defendant must
  136-2  serve a term of community supervision under terms and conditions of
  136-3  supervision set by the court.
  136-4        "It is not possible that the length of time that the
  136-5  defendant will serve under supervision will be reduced by the award
  136-6  of parole, the award of good conduct time, or any other method to
  136-7  achieve a reduction in sentence." <In the penalty phase of the
  136-8  trial of a felony case in which the punishment is to be assessed by
  136-9  the jury rather than the court, if the offense is punishable as a
 136-10  felony of the first degree, if a prior conviction has been alleged
 136-11  for enhancement of punishment as provided by Section 12.42(b), (c),
 136-12  or (d), Penal Code, or if the offense is a felony not designated as
 136-13  a capital felony or a felony of the first, second, or third degree
 136-14  and the maximum term of imprisonment that may be imposed for the
 136-15  offense is longer than 60 years, unless the offense of which the
 136-16  jury has found the defendant guilty is listed in Section 3g(a)(1),
 136-17  Article 42.12, of this code or the judgment contains an affirmative
 136-18  finding under Section 3g(a)(2), Article 42.12, of this code, the
 136-19  court shall charge the jury in writing as follows:>
 136-20        <"Under the law applicable in this case, the defendant, if
 136-21  sentenced to a term of imprisonment, may earn time off the period
 136-22  of incarceration imposed through the award of good conduct time.
 136-23  Prison authorities may award good conduct time to a prisoner who
 136-24  exhibits good behavior, diligence in carrying out prison work
 136-25  assignments, and attempts at rehabilitation.  If a prisoner engages
 136-26  in misconduct, prison authorities may also take away all or part of
 136-27  any good conduct time earned by the prisoner.>
  137-1        <"It is also possible that the length of time for which the
  137-2  defendant will be imprisoned might be reduced by the award of
  137-3  parole.>
  137-4        <"Under the law applicable in this case, if the defendant is
  137-5  sentenced to a term of imprisonment, he will not become eligible
  137-6  for parole until the actual time served plus any good conduct time
  137-7  earned equals one-fourth of the sentence imposed or 15 years,
  137-8  whichever is less.  Eligibility for parole does not guarantee that
  137-9  parole will be granted.>
 137-10        <"It cannot accurately be predicted how the parole law and
 137-11  good conduct time might be applied to this defendant if he is
 137-12  sentenced to a term of imprisonment, because the application of
 137-13  these laws will depend on decisions made by prison and parole
 137-14  authorities.>
 137-15        <"You may consider the existence of the parole law and good
 137-16  conduct time.  However, you are not to consider the extent to which
 137-17  good conduct time may be awarded to or forfeited by this particular
 137-18  defendant.  You are not to consider the manner in which the parole
 137-19  law may be applied to this particular defendant.">
 137-20        (c)  <In the penalty phase of the trial of a felony case in
 137-21  which the punishment is to be assessed by the jury rather than the
 137-22  court, if the offense is punishable as a felony of the second or
 137-23  third degree, if a prior conviction has been alleged for
 137-24  enhancement as provided by Section 12.42(a), Penal Code, or if the
 137-25  offense is a felony not designated as a capital felony or a felony
 137-26  of the first, second, or third degree and the maximum term of
 137-27  imprisonment that may be imposed for the offense is 60 years or
  138-1  less, unless the offense of which the jury has found the defendant
  138-2  guilty is listed in Section 3g(a)(1), Article 42.12, of this code
  138-3  or the judgment contains an affirmative finding under Section
  138-4  3g(a)(2), Article 42.12, of this code, the court shall charge the
  138-5  jury in writing as follows:>
  138-6        <"Under the law applicable in this case, the defendant, if
  138-7  sentenced to a term of imprisonment, may earn time off the period
  138-8  of incarceration imposed through the award of good conduct time.
  138-9  Prison authorities may award good conduct time to a prisoner who
 138-10  exhibits good behavior, diligence in carrying out prison work
 138-11  assignments, and attempts at rehabilitation.  If a prisoner engages
 138-12  in misconduct, prison authorities may also take away all or part of
 138-13  any good conduct time earned by the prisoner.>
 138-14        <"It is also possible that the length of time for which the
 138-15  defendant will be imprisoned might be reduced by the award of
 138-16  parole.>
 138-17        <"Under the law applicable in this case, if the defendant is
 138-18  sentenced to a term of imprisonment, he will not become eligible
 138-19  for parole until the actual time served plus any good conduct time
 138-20  earned equals one-fourth of the sentence imposed.  Eligibility for
 138-21  parole does not guarantee that parole will be granted.>
 138-22        <"It cannot accurately be predicted how the parole law and
 138-23  good conduct time might be applied to this defendant if he is
 138-24  sentenced to a term of imprisonment, because the application of
 138-25  these laws will depend on decisions made by prison and parole
 138-26  authorities.>
 138-27        <"You may consider the existence of the parole law and good
  139-1  conduct time.  However, you are not to consider the extent to which
  139-2  good conduct time may be awarded to or forfeited by this particular
  139-3  defendant.  You are not to consider the manner in which the parole
  139-4  law may be applied to this particular defendant.">
  139-5        <(d)>  This section does not permit the introduction of
  139-6  evidence on the operation of parole and good conduct time laws,
  139-7  other than evidence that release on parole is a correctional
  139-8  practice that does not exist in this state.
  139-9        SECTION 4.04.  Article 37.071, Code of Criminal Procedure, is
 139-10  amended to read as follows:
 139-11        Art. 37.071.  PROCEDURE IN CAPITAL CASE
 139-12        Sec. 1.  If a defendant is found guilty in a capital felony
 139-13  case in which the state does not seek the death penalty, the judge
 139-14  shall sentence the defendant to life imprisonment or life
 139-15  imprisonment without parole, after making the determination
 139-16  otherwise made by the jury under Section 2(f) of this article.
 139-17        Sec. 2.  (a)  If a defendant is tried for a capital offense
 139-18  in which the state seeks the death penalty, on a finding that the
 139-19  defendant is guilty of a capital offense, the court shall conduct a
 139-20  separate sentencing proceeding to determine whether the defendant
 139-21  shall be sentenced to death, <or> life imprisonment, or life
 139-22  imprisonment without parole.  The proceeding shall be conducted in
 139-23  the trial court and except as provided by Article 44.29(c) of this
 139-24  code, before the trial jury as soon as practicable.  In the
 139-25  proceeding, evidence may be presented by the state and the
 139-26  defendant or the defendant's counsel as to any matter that the
 139-27  court deems relevant to sentence, including evidence of the
  140-1  defendant's background or character or the circumstances of the
  140-2  offense that mitigates against the imposition of the death penalty.
  140-3  This subsection shall not be construed to authorize the
  140-4  introduction of any evidence secured in violation of the
  140-5  Constitution of the United States or of the State of Texas.  The
  140-6  state and the defendant or the defendant's counsel shall be
  140-7  permitted to present argument for or against sentence of death.
  140-8  The court, the attorney representing the state, the defendant, or
  140-9  the defendant's counsel may not inform a juror or a prospective
 140-10  juror of the effect of a failure of a jury to agree on issues
 140-11  submitted under Subsection (c) or (e) of this section <article>.
 140-12        (b)  On conclusion of the presentation of the evidence, the
 140-13  court shall submit the following issues to the jury:
 140-14              (1)  whether there is a probability that the defendant
 140-15  would commit criminal acts of violence that would constitute a
 140-16  continuing threat to society; and
 140-17              (2)  in cases in which the jury charge at the guilt or
 140-18  innocence stage permitted the jury to find the defendant guilty as
 140-19  a party under Sections 7.01 and 7.02, Penal Code, whether the
 140-20  defendant actually caused the death of the deceased or did not
 140-21  actually cause the death of the deceased but intended to kill the
 140-22  deceased or another or anticipated that a human life would be
 140-23  taken.
 140-24        (c)  The state must prove each issue submitted under
 140-25  Subsection (b) of this section <article> beyond a reasonable doubt,
 140-26  and the jury shall return a special verdict of "yes" or "no" on
 140-27  each issue submitted under Subsection (b) of this section
  141-1  <Article>.
  141-2        (d)  The court shall charge the jury that:
  141-3              (1)  in deliberating on the issues submitted under
  141-4  Subsection (b) of this section <article>, it shall consider all
  141-5  evidence admitted at the guilt or innocence stage and the
  141-6  punishment stage, including evidence of the defendant's background
  141-7  or character or the circumstances of the offense that militates for
  141-8  or mitigates against the imposition of the death penalty;
  141-9              (2)  it may not answer any issue submitted under
 141-10  Subsection (b) of this section <article> "yes" unless it agrees
 141-11  unanimously and it may not answer any issue "no" unless 10 or more
 141-12  jurors agree; and
 141-13              (3)  members of the jury need not agree on what
 141-14  particular evidence supports a negative answer to any issue
 141-15  submitted under Subsection (b) of this section <article>.
 141-16        (e)  The court shall instruct the jury that if the jury
 141-17  returns an affirmative finding to each issue submitted under
 141-18  Subsection (b) of this section <article>, it shall answer the
 141-19  following issue:
 141-20        Whether, taking into consideration all of the evidence,
 141-21  including the circumstances of the offense, the defendant's
 141-22  character and background, and the personal moral culpability of the
 141-23  defendant, there is a sufficient mitigating circumstance or
 141-24  circumstances to warrant that a sentence of life imprisonment or
 141-25  life imprisonment without parole rather than a death sentence be
 141-26  imposed.
 141-27        (f)  The court shall instruct the jury that if the jury
  142-1  returns a negative finding on any issue submitted under Subsection
  142-2  (b) of this section or an affirmative finding on an issue submitted
  142-3  under Subsection (e) of this section or is unable to answer any
  142-4  issue submitted under Subsection (b) or (e) of this section, it
  142-5  shall answer the following issue:
  142-6        Whether, taking into consideration all of the evidence,
  142-7  including the circumstances of the offense, the  defendant's
  142-8  character and background, and the personal moral culpability of the
  142-9  defendant, there is a sufficient mitigating circumstance or
 142-10  circumstances to warrant that a sentence of life imprisonment
 142-11  rather than life imprisonment without parole be imposed.
 142-12        (g)  The court shall charge the jury that in answering an
 142-13  <the> issue submitted under Subsection (e) or Subsection (f) of
 142-14  this section <article>, the jury:
 142-15              (1)  shall answer the issue "yes" or "no";
 142-16              (2)  may not answer the issue "no" unless it agrees
 142-17  unanimously and may not answer the issue "yes" unless 10 or more
 142-18  jurors agree;
 142-19              (3)  need not agree on what particular evidence
 142-20  supports an affirmative finding on the issue; and
 142-21              (4)  shall consider mitigating evidence to be evidence
 142-22  that a juror might regard as reducing the defendant's moral
 142-23  blameworthiness.
 142-24        (h) <(g)>  If the jury returns an affirmative finding on each
 142-25  issue submitted under Subsection (b) of this section <article> and
 142-26  a negative finding on an issue submitted under Subsection (e) of
 142-27  this section <article>, the court shall sentence the defendant to
  143-1  death.  If the jury returns a negative finding on an <any> issue
  143-2  submitted under Subsection (f) <(b)> of this section <article or an
  143-3  affirmative finding on an issue submitted under Subsection (e) of
  143-4  this article or is unable to answer any issue submitted under
  143-5  Subsection (b) or (e) of this article>, the court shall sentence
  143-6  the defendant to confinement in the institutional division of the
  143-7  Texas Department of Criminal Justice for life without parole.  If
  143-8  the jury returns an affirmative finding on an issue submitted under
  143-9  Subsection (f) of this section, the court shall sentence the
 143-10  defendant to confinement in the institutional division of the Texas
 143-11  Department of Criminal Justice for life.
 143-12        (i) <(h)>  The judgment of conviction and sentence of death
 143-13  shall be subject to automatic review by the Court of Criminal
 143-14  Appeals.
 143-15        SECTION 4.05.  Chapter 42, Code of Criminal Procedure, is
 143-16  amended by amending Articles 42.01-42.036, 42.08, and 42.09 and
 143-17  adding Articles 42.023 and 42.20 to read as follows:
 143-18        Art. 42.01.  JUDGMENT
 143-19        Sec. 1.  A judgment is the written declaration of the court
 143-20  signed by the trial judge and entered of record showing the
 143-21  conviction or acquittal of the defendant.  The sentence served
 143-22  shall be based on the information contained in the judgment.  The
 143-23  judgment should reflect:
 143-24              1.  The title and number of the case;
 143-25              2.  That the case was called and the parties appeared,
 143-26  naming the attorney for the state, the defendant, and the attorney
 143-27  for the defendant, or, where a defendant is not represented by
  144-1  counsel, that the defendant knowingly, intelligently, and
  144-2  voluntarily waived the right to representation by counsel;
  144-3              3.  The plea or pleas of the defendant to the offense
  144-4  charged;
  144-5              4.  Whether the case was tried before a jury or a jury
  144-6  was waived;
  144-7              5.  The submission of the evidence, if any;
  144-8              6.  In cases tried before a jury that the jury was
  144-9  charged by the court;
 144-10              7.  The verdict or verdicts of the jury or the finding
 144-11  or findings of the court;
 144-12              8.  In the event of a conviction that the defendant is
 144-13  adjudged guilty of the offense as found by the verdict of the jury
 144-14  or the finding of the court, and that the defendant be punished in
 144-15  accordance with the jury's verdict or the court's finding as to the
 144-16  proper punishment;
 144-17              9.  In the event of conviction where death or any
 144-18  <nonprobated> punishment is assessed that the defendant be
 144-19  sentenced to death, a term of confinement or community supervision
 144-20  <imprisonment>, or to pay a fine, as the case may be;
 144-21              10.  In the event of conviction where <any probated
 144-22  punishment is assessed that> the imposition of sentence is
 144-23  suspended and the defendant is placed on community supervision
 144-24  <probation>, setting forth the punishment assessed, the length of
 144-25  community supervision <probation>, and the <probationary terms and>
 144-26  conditions of community supervision;
 144-27              11.  In the event of acquittal that the defendant be
  145-1  discharged;
  145-2              12.  The county and court in which the case was tried
  145-3  and, if there was a change of venue in the case, the name of the
  145-4  county in which the prosecution was originated;
  145-5              13.  The offense or offenses for which the defendant
  145-6  was convicted;
  145-7              14.  The date of the offense or offenses and degree of
  145-8  offense for which the defendant was convicted;
  145-9              15.  The term of sentence;
 145-10              16.  The date judgment is entered;
 145-11              17.  The date sentence is imposed;
 145-12              18.  The date sentence is to commence and any credit
 145-13  for time served;
 145-14              19.  The terms of any order entered pursuant to Article
 145-15  42.08 of this code that the defendant's sentence is to run
 145-16  cumulatively or concurrently with another sentence or sentences;
 145-17              20.  The terms of any plea bargain;
 145-18              21.  <Affirmative findings entered pursuant to
 145-19  Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
 145-20  this code;>
 145-21              <22.>  The terms of any fee payment ordered under
 145-22  Articles 37.072 and 42.151 of this code;
 145-23              22. <23.>  The defendant's thumbprint taken in
 145-24  accordance with Article 38.33 of this code;
 145-25              23. <24.>  In the event that the judge orders the
 145-26  defendant to repay a reward or part of a reward under Articles
 145-27  37.073 and 42.152 of this code, a statement of the amount of the
  146-1  payment or payments required to be made; and
  146-2              24. <25.>  In the event that the court orders
  146-3  restitution to be paid to the victim of a felony, a statement of
  146-4  the amount of restitution ordered and:
  146-5                    (A)  the name of the victim and the permanent
  146-6  mailing address of the victim at the time of the judgment; or
  146-7                    (B)  if the court determines that the inclusion
  146-8  of the victim's name and address in the judgment is not in the best
  146-9  interest of the victim, the name and address of a person or agency
 146-10  that will accept and forward restitution payments to the victim.
 146-11        Sec. 2.  The judge may order the clerk of the court, the
 146-12  prosecuting attorney, or the attorney or attorneys representing any
 146-13  defendant to prepare the judgment, or the court may prepare the
 146-14  same.
 146-15        Sec. 3.  The provisions of this article <Article> shall apply
 146-16  to both felony and misdemeanor cases.
 146-17        Sec. 4.  The Office of Court Administration of the Texas
 146-18  Judicial System shall promulgate a standardized felony judgment
 146-19  form that conforms to the requirements of Section 1 of this
 146-20  article.  <A copy of the promulgated form shall be mailed to all
 146-21  district courts hearing criminal cases on or before October 1,
 146-22  1985.>
 146-23        <Art. 42.011.  RISK ASSESSMENT INSTRUMENTS.  (a)  Not later
 146-24  than the 30th day after the date on which a court pronounces
 146-25  sentence in a felony case, the court shall submit a risk assessment
 146-26  instrument to the community justice assistance division of the
 146-27  Texas Department of Criminal Justice on a form provided by the
  147-1  division.  If the court does not suspend a sentence of confinement
  147-2  in the case or sentence a defendant under Section 12.34(a)(2),
  147-3  Penal Code, the court shall attach a statement of its reasons to
  147-4  the form.>
  147-5        <(b)  The division shall develop and distribute forms for use
  147-6  under Subsection (a) of this article not later than September 1,
  147-7  1990.>
  147-8        Art. 42.02.  Sentence.  The sentence is that part of the
  147-9  judgment, or order revoking a suspension of the imposition of a
 147-10  <probated> sentence, that orders that the punishment be carried
 147-11  into execution in the manner prescribed by law.
 147-12        Art. 42.023.  JUDGE SHALL CONSIDER ALTERNATIVE SENTENCING.
 147-13  Before pronouncing sentence on a defendant convicted of a criminal
 147-14  offense, the judge shall consider whether the defendant should be
 147-15  committed for care and treatment under Section 462.081, Health and
 147-16  Safety Code.
 147-17        Art. 42.03.  PRONOUNCING SENTENCE; TIME; CREDIT FOR TIME
 147-18  SPENT IN JAIL BETWEEN ARREST AND SENTENCE OR PENDING APPEAL
 147-19        Sec. 1.  (a)  Except as provided in Article 42.14, sentence
 147-20  shall be pronounced in the defendant's presence.
 147-21        (b)  The court shall permit a victim, close relative of a
 147-22  deceased victim, or guardian of a victim, as defined by Article
 147-23  56.01 of this code, to appear in person to present to the court a
 147-24  statement of the person's views about the offense, the defendant,
 147-25  and the effect of the offense on the victim.  The court reporter
 147-26  may not transcribe the statement.  The statement must be made:
 147-27              (1)  after punishment has been assessed and the court
  148-1  has determined whether or not to grant community supervision
  148-2  <probation> in the case;
  148-3              (2)  after the court has announced the terms and
  148-4  conditions of the sentence; and
  148-5              (3)  after sentence is pronounced <and shall not be
  148-6  transcribed by the court reporter>.
  148-7        Sec. 2.  (a)  In all criminal cases the judge of the court in
  148-8  which the defendant was convicted shall give the defendant credit
  148-9  on his sentence <or period of confinement served as a condition of
 148-10  probation> for the time that the defendant has spent in jail in
 148-11  said cause, other than confinement served as a condition of
 148-12  community supervision, from the time of his arrest and confinement
 148-13  until his sentence by the trial court.
 148-14        (b)  In all <felony probation> revocations of a suspension of
 148-15  the imposition of a sentence the judge shall enter the restitution
 148-16  or reparation due and owing on the date of the revocation <of
 148-17  probation>.
 148-18        Sec. 3.  If a defendant appeals his conviction, is not
 148-19  released on bail, and is retained in a <local> jail as provided in
 148-20  Section 7 <5>, Article 42.09, pending his appeal, the judge of the
 148-21  court in which the defendant was convicted shall give the defendant
 148-22  credit on his sentence for the time that the defendant has spent in
 148-23  jail pending disposition of his appeal.  The court shall endorse on
 148-24  both the commitment and the mandate from the appellate court all
 148-25  credit given the defendant under this section, and the
 148-26  institutional division of the Texas Department of Criminal Justice
 148-27  <Corrections> shall grant the credit in computing the defendant's
  149-1  eligibility for parole and discharge.
  149-2        Sec. 4.  When a defendant who has been sentenced to
  149-3  imprisonment in the institutional division of the Texas Department
  149-4  of Criminal Justice <Corrections> has spent time in jail pending
  149-5  trial and sentence or pending appeal, the judge of the sentencing
  149-6  court shall direct the sheriff to attach to the commitment papers a
  149-7  statement assessing the defendant's conduct while in jail.
  149-8        <Sec. 7.  (a)  If jail time is awarded to a person sentenced
  149-9  for an offense under Section 25.05, Penal Code, or if the person is
 149-10  required to serve a period of confinement as a condition of
 149-11  probation, the judge, at the time of the pronouncement of the
 149-12  sentence or at any time while the person is serving the sentence or
 149-13  period of confinement, on the judge's own motion or on the written
 149-14  motion of the defendant, may permit the defendant to serve the
 149-15  sentence or period of confinement under house arrest, including
 149-16  electronic monitoring and any other conditions the court chooses to
 149-17  impose, during the person's off-work hours.  The judge may require
 149-18  bail of the defendant to ensure the faithful performance of the
 149-19  sentence or period of confinement.>
 149-20        <(b)  The court shall require as a condition to permitting
 149-21  the defendant to serve the jail time assessed or period of
 149-22  confinement imposed under house arrest a requirement that the
 149-23  defendant perform community service work specified by the court for
 149-24  a specified number of hours.>
 149-25        <(c)  The court may require the defendant to pay any
 149-26  reasonable cost to the county incurred by the county because of the
 149-27  defendant's participation in the house arrest program, including
  150-1  the cost to the county for the defendant's participation in
  150-2  community service work and the cost of electronic monitoring.>
  150-3        <(d)  The sentencing and confinement alternatives provided by
  150-4  this section are in addition to any other sentencing and
  150-5  confinement alternatives provided by law.>
  150-6        <Sec. 7A.  A court in a county served by a district probation
  150-7  office that has an electronic monitoring program approved by the
  150-8  community justice assistance division of the Texas Department of
  150-9  Criminal Justice may require a defendant to serve all or part of a
 150-10  sentence of confinement in county jail or period of confinement
 150-11  served as a condition of probation by submitting to electronic
 150-12  monitoring rather than being confined in the county jail.>
 150-13        <Sec. 8.  (a)  A court may require a defendant to serve all
 150-14  or part of a sentence of confinement in county jail or period of
 150-15  confinement served as a condition of probation by performing
 150-16  community service rather than by being confined in county jail.>
 150-17        <(b)  In its order requiring a defendant to participate in
 150-18  community service work, the court must specify:>
 150-19              <(1)  the number of hours the defendant is required to
 150-20  work;>
 150-21              <(2)  the entity or organization for which the
 150-22  defendant is required to work;>
 150-23              <(3)  the project on which the defendant is required to
 150-24  work; and>
 150-25              <(4)  whether the district probation department or a
 150-26  court related services office will perform the administrative
 150-27  duties required by the placement of the defendant in the community
  151-1  service program.>
  151-2        <(c)  The court may order the defendant to perform community
  151-3  service work under this section only for a governmental entity or a
  151-4  nonprofit organization that provides services to the general public
  151-5  that enhance social welfare and the general well-being of the
  151-6  community.  A governmental entity or nonprofit organization that
  151-7  accepts a defendant under this section to perform community service
  151-8  must agree to supervise the defendant in the performance of the
  151-9  defendant's work and report on the defendant's work to the district
 151-10  probation department or court related services office.>
 151-11        <(d)  A court may not order a defendant to perform more than
 151-12  16 hours per week of community service under this section unless
 151-13  the court determines that requiring the defendant to work
 151-14  additional hours does not work a hardship on the defendant or the
 151-15  defendant's dependents.>
 151-16        <(e)  A defendant is considered to have served one day in
 151-17  jail for each eight hours of community service performed under this
 151-18  section.>
 151-19        <(f)  Notwithstanding the provisions of Subsection (d) of
 151-20  this section, a court may order a defendant who is not employed to
 151-21  perform up to 32 hours of community service under this section and
 151-22  may direct the defendant to use the remaining hours of the week to
 151-23  seek employment.>
 151-24        <(f)  A sheriff, employee of a sheriff's department, county
 151-25  commissioner, county employee, county judge, employee of a
 151-26  community corrections and supervision department, restitution
 151-27  center, or officer or employee of a political subdivision other
  152-1  than a county is not liable for damages arising from an act or
  152-2  failure to act in connection with community service performed by an
  152-3  inmate pursuant to this article if the act or failure to act:>
  152-4              <(1)  was performed pursuant to court order; and>
  152-5              <(2)  was not intentional, wilfully or wantonly
  152-6  negligent, or performed with conscious indifference or reckless
  152-7  disregard for the safety of others.>
  152-8        Art. 42.031.  WORK RELEASE PROGRAM
  152-9        Sec. 1.  (a)  The sheriff of each county may attempt to
 152-10  secure employment for each defendant <prisoner> sentenced to the
 152-11  county jail work release program under Article 42.034 of this code
 152-12  and each defendant confined in the county jail awaiting transfer to
 152-13  the institutional division of the Texas Department of Criminal
 152-14  Justice <or permitted under that article to participate in the
 152-15  program as an alternative to serving a period of confinement as a
 152-16  condition of probation>.
 152-17        (b)  The employer of a defendant <prisoner> participating in
 152-18  a program under this article shall pay the defendant's <prisoner's>
 152-19  salary to the sheriff.  The sheriff shall deposit the salary into a
 152-20  special fund to be given to the defendant <prisoner> on his release
 152-21  after deducting:
 152-22              (1)  the cost to the county<, as determined by the
 152-23  commissioners court of the county,> for the defendant's confinement
 152-24  <prisoner's incarceration> during the pay period based on the
 152-25  average daily cost of confining defendants in the county jail, as
 152-26  determined by the commissioners court of the county;
 152-27              (2)  support of the defendant's <prisoner's>
  153-1  dependents; and
  153-2              (3)  restitution to the victims of an offense committed
  153-3  by the defendant <prisoner>.
  153-4        (c)  At the time of sentencing or at a later date, the court
  153-5  sentencing a defendant <prisoner> may direct the sheriff not to
  153-6  deduct the cost described under Subdivision (1) of Subsection (b)
  153-7  of this section or to deduct only a specified portion of the cost
  153-8  if the court determines that the full deduction would cause a
  153-9  significant financial hardship to the defendant's <prisoner's>
 153-10  dependents.
 153-11        (d)  If the sheriff does not find employment for a defendant
 153-12  <prisoner> who would otherwise be sentenced to imprisonment <or
 153-13  confined as a condition of probation> in the institutional
 153-14  division, the sheriff shall:
 153-15              (1)  transfer the defendant <prisoner> to the sheriff
 153-16  of a county who agrees to accept the defendant <prisoner> as a
 153-17  participant in the county jail work release program; or
 153-18              (2)  retain the defendant <prisoner> in the county jail
 153-19  for employment as soon as possible in a jail work release program.
 153-20        <(e)  A sheriff or an employee of a sheriff's department is
 153-21  not liable for damages arising from an act or failure to act by the
 153-22  sheriff or employee in connection with a work program operated
 153-23  under this section if the act or failure to act was performed in an
 153-24  official capacity.>
 153-25        Sec. 2.  A defendant <prisoner> participating in a program
 153-26  under this article shall be confined in the county jail or in
 153-27  another facility designated by the sheriff at all times except for:
  154-1              (1)  time spent at work and traveling to or from work;
  154-2  and
  154-3              (2)  time spent attending or traveling to or from an
  154-4  education or rehabilitation program approved by the sheriff.
  154-5        Sec. 3.  (a)  The sheriff of each county shall classify each
  154-6  felon serving a sentence in the county jail work release program
  154-7  <or participating in that program as an alternative to serving a
  154-8  period of confinement as a condition of probation> for the purpose
  154-9  of awarding good conduct time credit in the same manner as inmates
 154-10  of the institutional division of the Texas Department of Criminal
 154-11  Justice <Corrections> are classified under Chapter 498, Government
 154-12  Code, and shall award good conduct time in the same manner as the
 154-13  director of the department does in that chapter <article>.
 154-14        (b)  If at a hearing requested by a sheriff the court that
 154-15  sentenced the defendant <prisoner> to participation in a county
 154-16  jail work release program determines that the defendant <prisoner>
 154-17  is conducting himself in a manner that is dangerous to inmates in
 154-18  the county jail or to society as a whole, the court shall order the
 154-19  defendant's <prisoner's> participation in the program terminated
 154-20  and order the defendant <prisoner> to the term <or period of
 154-21  confinement or the term> of imprisonment that the defendant
 154-22  <prisoner> would have received had he not entered the program.  The
 154-23  defendant <prisoner> shall receive as credit toward his sentence
 154-24  <or period of confinement> any time served as a participant in the
 154-25  program.
 154-26        Art. 42.032.  GOOD CONDUCT
 154-27        Sec. 1.  To encourage county jail discipline, a distinction
  155-1  may be made to give orderly, industrious, and obedient defendants
  155-2  <prisoners> the comforts and privileges they deserve.  The reward
  155-3  for good conduct may consist of a relaxation of strict county jail
  155-4  rules and extension of social privileges consistent with proper
  155-5  discipline.
  155-6        Sec. 2.  The sheriff in charge of each county jail may grant
  155-7  commutation of time for good conduct, industry, and obedience.  A
  155-8  deduction not to exceed one day for each day of the original
  155-9  sentence actually served may be made for the term or terms of
 155-10  sentences <or periods of confinement served as conditions of
 155-11  probation> if a charge of misconduct has not been sustained against
 155-12  the defendant <prisoner>.
 155-13        Sec. 3.  This article applies whether or not the judgment of
 155-14  conviction is a fine or jail sentence or both <or whether the
 155-15  confinement is a condition of probation>, but the deduction in time
 155-16  may not exceed one-third of the original sentence as to fines and
 155-17  court costs assessed in the judgment of conviction <or one-third of
 155-18  the period of confinement ordered as a condition of probation>.
 155-19        Sec. 4.  A defendant <prisoner> serving two or more
 155-20  cumulative sentences shall be allowed commutation as if the
 155-21  sentences were one sentence<, and a probationer serving two or more
 155-22  periods of confinement as conditions of probation in more than one
 155-23  case shall be allowed commutation as if the periods were conditions
 155-24  of one grant of probation>.
 155-25        Sec. 5.  Any part or all of the commutation accrued under
 155-26  this article may be forfeited and taken away by the sheriff for a
 155-27  sustained charge of misconduct in violation of any rule known to
  156-1  the defendant <prisoner>, including escape or attempt to escape, if
  156-2  the sheriff has complied with discipline proceedings as approved by
  156-3  the Commission on Jail Standards.
  156-4        Sec. 6.  Except for credit earned by a defendant <an inmate>
  156-5  under Article 43.10, no other time allowance or credits in addition
  156-6  to the commutation of time under this article may be deducted from
  156-7  the term or terms of sentences <or periods of confinement served as
  156-8  a condition of probation>.
  156-9        Sec. 7.  The sheriff shall keep a conduct record in card or
 156-10  ledger form and a calendar card on each defendant <inmate> showing
 156-11  all forfeitures of commutation time and the reasons for the
 156-12  forfeitures.
 156-13        Art. 42.033.  SENTENCE TO SERVE TIME DURING OFF-WORK HOURS.
 156-14  (a)  Where jail time has been awarded to a person sentenced for a
 156-15  misdemeanor or sentenced to confinement in the county jail for a
 156-16  felony or when a defendant is serving a period of confinement as a
 156-17  condition of community supervision <probation>, the trial judge, at
 156-18  the time of the pronouncement of sentence or at any time while the
 156-19  defendant is serving the sentence or period of confinement, when in
 156-20  the judge's discretion the ends of justice would best be served,
 156-21  may permit the defendant to serve the defendant's sentence or
 156-22  period of confinement intermittently during his off-work hours or
 156-23  on weekends.  The judge may require bail of the defendant to ensure
 156-24  the faithful performance of the sentence or period of confinement.
 156-25  The judge may attach conditions regarding the employment, travel,
 156-26  and other conduct of the defendant during the performance of such a
 156-27  sentence or period of confinement.
  157-1        (b)  The court may impose as a condition to permitting a
  157-2  defendant to serve the jail time assessed or period of confinement
  157-3  intermittently <during off-work hours or on weekends> an additional
  157-4  requirement that the defendant make any of the following payments
  157-5  to the court, agencies, or persons, or that the defendant execute a
  157-6  letter and direct it to the defendant's employer directing the
  157-7  employer to deduct from the defendant's salary an amount directed
  157-8  by the court, which is to be sent by the employer to the clerk of
  157-9  the court.  The money received by the court under this section may
 157-10  be used to pay the following expenses as directed by the court:
 157-11              (1)  the support of the defendant's dependents, if
 157-12  necessary;
 157-13              (2)  the defendant's documented personal, business, and
 157-14  travel expenses;
 157-15              (3)  reimbursement of the general fund of the county
 157-16  for the maintenance of the defendant in jail; and
 157-17              (4)  installment payments on restitution, fines, and
 157-18  court costs ordered by the court.
 157-19        (c)  The condition imposed under Subsection (b) of this
 157-20  article is not binding on an employer, except that income withheld
 157-21  for child support is governed by Chapter 14, Family Code.
 157-22        (d)  The court may permit the defendant to serve the
 157-23  defendant's sentence or period of confinement intermittently
 157-24  <during the defendant's off-work hours or on weekends> in order for
 157-25  the defendant to continue employment if the court imposes
 157-26  confinement for failure to pay a fine or court costs, as punishment
 157-27  for criminal nonsupport under Section 25.05, Penal Code, or for
  158-1  contempt of a court order for periodic payments for the support of
  158-2  a child.
  158-3        (e)  The court may permit the defendant to seek employment or
  158-4  obtain medical, psychological, or substance abuse treatment or
  158-5  counseling or obtain training or needed education under the same
  158-6  terms and conditions that apply to employment under this article.
  158-7        Art. 42.034.  COUNTY JAIL WORK RELEASE PROGRAM.  (a)  If jail
  158-8  time has been awarded to a person sentenced for a misdemeanor or
  158-9  sentenced to confinement in the county jail for a felony <or when a
 158-10  defendant is serving a period of confinement as a condition of
 158-11  probation>, the trial judge at the time of pronouncement of
 158-12  sentence or at any time while the defendant is serving the sentence
 158-13  <or period of confinement>, when in the judge's discretion the ends
 158-14  of justice would best be served, may permit the defendant to serve
 158-15  an alternate term for the same period of time in the county jail
 158-16  work release program of the county in which the offense occurred
 158-17  <if:>
 158-18              <(1)  the trier of fact determines that the defendant
 158-19  did not cause the serious bodily injury or death of another as a
 158-20  result of the commission of the offense; and>
 158-21              <(2)  the judgment for the offense does not contain an
 158-22  affirmative finding under Section 3g(a)(2), Article 42.12, of this
 158-23  code>.
 158-24        (b)  A defendant sentenced under this section <or serving a
 158-25  period of confinement> who would otherwise be sentenced to
 158-26  confinement in jail <or required to serve a period of confinement
 158-27  in jail> may earn good conduct credit in the same manner as
  159-1  provided by Article 42.032 of this code <Section 1, Chapter 461,
  159-2  Acts of the 54th Legislature, Regular Session, 1955 (Article 5118a,
  159-3  Vernon's Texas Civil Statutes)>, but only while actually confined.
  159-4        <(c)  A sheriff or an employee of a sheriff's department is
  159-5  not liable for damages arising from an act or failure to act by the
  159-6  sheriff or employee in connection with a work program operated
  159-7  under this section if the act or failure to act was performed in an
  159-8  official capacity.>
  159-9        Art. 42.035.  ELECTRONIC MONITORING; HOUSE ARREST.  (a)  A
 159-10  court in a county served by a community supervision and corrections
 159-11  department <district probation office> that has an electronic
 159-12  monitoring program approved by the community justice assistance
 159-13  division of the Texas Department of Criminal Justice <Adult
 159-14  Probation Commission> may require a defendant to serve all or part
 159-15  of a sentence of confinement in county jail by submitting to
 159-16  electronic monitoring rather than being confined in the county
 159-17  jail.
 159-18        (b)  A judge, at the time of the pronouncement of a sentence
 159-19  of confinement or at any time while the defendant is serving the
 159-20  sentence, on the judge's own motion or on the written motion of the
 159-21  defendant, may permit the defendant to serve the sentence under
 159-22  house arrest, including electronic monitoring and any other
 159-23  conditions the court chooses to impose, during the person's
 159-24  off-work hours.  The judge may require bail of the defendant to
 159-25  ensure the faithful performance of the sentence.
 159-26        (c)  The court may require the defendant to pay to the
 159-27  community supervision and corrections department or the county any
  160-1  reasonable cost incurred because of the defendant's participation
  160-2  in the house arrest program, including the cost of electronic
  160-3  monitoring.
  160-4        (d)  A defendant who submits to electronic monitoring or
  160-5  participates in the house arrest program under <Subsection (a) of>
  160-6  this section discharges a sentence of confinement without
  160-7  deductions, good conduct time credits, or commutations.
  160-8        Art. 42.036.  COMMUNITY SERVICE.  (a)  A court may require a
  160-9  defendant, other than a defendant convicted of an offense under
 160-10  Sections 49.04-49.08, Penal Code, to serve all or part of a
 160-11  sentence of confinement or period of confinement required as a
 160-12  condition of  community supervision <probation> in county jail by
 160-13  performing community service rather than by being confined in
 160-14  county jail unless the sentence of confinement was imposed by the
 160-15  jury in the case.
 160-16        (b)  In its order requiring a defendant to participate in
 160-17  community service work, the court must specify:
 160-18              (1)  the number of hours the defendant is required to
 160-19  work; and
 160-20              (2)  the entity or organization for which the defendant
 160-21  is required to work<;>
 160-22              <(3)  the project on which the defendant is required to
 160-23  work; and>
 160-24              <(4)  whether the district probation department or a
 160-25  court-related services office will perform the administrative
 160-26  duties required by the placement of the defendant in the community
 160-27  service program>.
  161-1        (c)  The court may order the defendant to perform community
  161-2  service work under this article only for a governmental entity or a
  161-3  nonprofit organization that provides services to the general public
  161-4  that enhance social welfare and the general well-being of the
  161-5  community.  A governmental entity or nonprofit organization that
  161-6  accepts a defendant under this section to perform community service
  161-7  must agree to supervise the defendant in the performance of the
  161-8  defendant's work and report on the defendant's work to the
  161-9  community supervision and corrections <district probation>
 161-10  department or court-related services office.
 161-11        (d)  The court may require bail of a defendant to ensure the
 161-12  defendant's faithful performance of community service and may
 161-13  attach conditions to the bail as it determines are proper.
 161-14        (e)  A court may not order a defendant who is employed to
 161-15  perform more than 16 hours per week of community service under this
 161-16  article <section> unless the court determines that requiring the
 161-17  defendant to work additional hours does not work a hardship on the
 161-18  defendant or the defendant's dependents.  A court may not order a
 161-19  defendant who is unemployed to perform more than 32 hours per week
 161-20  of community service under this article, but may direct the
 161-21  defendant to use the remaining hours of the week to seek
 161-22  employment.
 161-23        (f)  A defendant is considered to have served one day in jail
 161-24  for each eight hours of community service performed under this
 161-25  article <section>.
 161-26        <(g)  An officer or an employee of a governmental entity is
 161-27  not liable for damages arising from an act or failure to act by the
  162-1  officer or employee in connection with a community service program
  162-2  operated under this section if the act or failure to act was
  162-3  performed in an official capacity.>
  162-4        <(h)  A sheriff, employee of a sheriff's department, county
  162-5  commissioner, county employee, county judge, employee of a
  162-6  community corrections and supervision department, restitution
  162-7  center, or officer or employee of a political subdivision other
  162-8  than a county is not liable for damages arising from an act or
  162-9  failure to act in connection with community service performed by an
 162-10  inmate pursuant to this article if the act or failure to act:>
 162-11              <(1)  was performed pursuant to court order; and>
 162-12              <(2)  was not intentional, wilfully or wantonly
 162-13  negligent, or performed with conscious indifference or reckless
 162-14  disregard for the safety of others.>
 162-15        Art. 42.08.  Cumulative or Concurrent Sentence.  (a)  When
 162-16  the same defendant has been convicted in two or more cases,
 162-17  judgment and sentence shall be pronounced in each case in the same
 162-18  manner as if there had been but one conviction.  Except as provided
 162-19  by Sections (b) and (c) of this article, in the discretion of the
 162-20  court, the judgment in the second and subsequent convictions may
 162-21  either be that the sentence imposed or suspended shall begin when
 162-22  the judgment and the sentence imposed or suspended in the preceding
 162-23  conviction has ceased to operate, or that the sentence imposed or
 162-24  suspended shall run concurrently with the other case or cases, and
 162-25  sentence and execution shall be accordingly; provided, however,
 162-26  that the cumulative total of suspended sentences in felony cases
 162-27  shall not exceed the maximum period of community supervision
  163-1  applicable to each offense <10 years>, and the cumulative total of
  163-2  suspended sentences in misdemeanor cases shall not exceed the
  163-3  maximum period of confinement <imprisonment> in jail applicable to
  163-4  the misdemeanor offenses, though in no event more than three years,
  163-5  including extensions of periods of community supervision
  163-6  <probation> under Section 22 <24>, Article 42.12, of this code, if
  163-7  none of the offenses are offenses under Chapter 49, Penal Code
  163-8  <Article 6701l-1, Revised Statutes>, or four years, including
  163-9  extensions, if any of the offenses are offenses under Chapter 49,
 163-10  Penal Code <Article 6701l-1, Revised Statutes>.
 163-11        (b)  If a defendant is sentenced for an offense committed
 163-12  while the defendant was an inmate <a prisoner> in the institutional
 163-13  division of the Texas Department of Criminal Justice <Corrections>
 163-14  and the defendant has not completed the sentence he was serving at
 163-15  the time of the offense, the judge shall order the sentence for the
 163-16  subsequent offense to commence immediately on completion of the
 163-17  sentence for the original offense.
 163-18        (c)  If a defendant has been convicted in two or more cases
 163-19  and the court suspends the imposition of the sentence in one of the
 163-20  cases, the court may not order a sentence of confinement to
 163-21  commence on the completion of a suspended sentence for an offense.
 163-22        (d)  For the purposes of Chapter 12, Penal Code, the
 163-23  imposition by a court of:
 163-24                    (A)  concurrent sentences is a single sentencing
 163-25  event; and
 163-26                    (B)  consecutive sentences is a multiple
 163-27  sentencing event, with the number of sentencing events equaling the
  164-1  number of sentences the court orders to run consecutively.
  164-2        Art. 42.09.  COMMENCEMENT OF SENTENCE AND DELIVERY TO PLACE
  164-3  OF CONFINEMENT
  164-4        Sec. 1.  Except as provided in Sections 2 and 3, a defendant
  164-5  shall be delivered to a community supervision and corrections
  164-6  department, a jail, or to the institutional division of the Texas
  164-7  Department of Criminal Justice <Corrections> when his sentence <to
  164-8  imprisonment> is pronounced, or his sentence to death is announced,
  164-9  by the court.  The defendant's sentence begins to run on the day it
 164-10  is pronounced, but with all credits, if any, allowed by Article
 164-11  42.03.
 164-12        Sec. 2.  If a defendant appeals his conviction and is
 164-13  released on bail pending disposition of his appeal, when his
 164-14  conviction is affirmed, the clerk of the trial court, on receipt of
 164-15  the mandate from the appellate court, shall issue a commitment
 164-16  against the defendant.  The officer executing the commitment shall
 164-17  endorse thereon the date he takes the defendant into custody and
 164-18  the defendant's sentence begins to run from the date endorsed on
 164-19  the commitment.  The institutional division of the Texas Department
 164-20  of Criminal Justice <Corrections> shall admit the defendant named
 164-21  in the commitment on the basis of the commitment.
 164-22        Sec. 3.  If a defendant is convicted of capital murder,
 164-23  murder, a first degree felony, or a second or third degree person
 164-24  offense felony, drug offense felony, or public safety offense <a>
 164-25  felony and <sentenced to death, life, or a term of more than ten
 164-26  years in the Department of Corrections and> he gives notice of
 164-27  appeal, he shall be transferred to the institutional division
  165-1  <Department of Corrections> on a commitment pending a mandate from
  165-2  the court of appeals or the Court of Criminal Appeals, unless he
  165-3  demonstrates by a preponderance of the evidence that he is not a
  165-4  threat to public safety or at risk of fleeing.
  165-5        Sec. 4.  If a defendant is convicted of a felony other than a
  165-6  felony described by Section 3 of this article and <his sentence is
  165-7  a term of ten years or less and> he gives notice of appeal, he may
  165-8  not <shall> be transferred to the institutional division of the
  165-9  Texas Department of Criminal Justice <Corrections> on a commitment
 165-10  pending a mandate from the court of appeals or the Court of
 165-11  Criminal Appeals unless the state demonstrates by a preponderance
 165-12  of the evidence that the defendant is a threat to public safety or
 165-13  at risk of fleeing <upon request in open court or upon written
 165-14  request to the sentencing court>.  Upon a valid transfer to the
 165-15  institutional division <Department of Corrections> under this
 165-16  section, the defendant may not thereafter be released on bail
 165-17  pending his appeal.
 165-18        Sec. 5.  If a defendant is transferred to the institutional
 165-19  division of the Texas Department of Criminal Justice <Corrections>
 165-20  pending appeal under Section 3 or 4, his sentence shall be computed
 165-21  as if no appeal had been taken if the appeal is affirmed.
 165-22        Sec. 6.  All defendants who have been transferred to the
 165-23  institutional division of the Texas Department of Criminal Justice
 165-24  <Corrections> pending the appeal of their convictions under this
 165-25  article <Article,> shall be under the control and authority of the
 165-26  institutional division <Department of Corrections> for all purposes
 165-27  as if no appeal were pending.
  166-1        Sec. 7.  If a defendant is sentenced to a term of confinement
  166-2  in the institutional division of the Texas Department of Criminal
  166-3  Justice <Corrections> but is not transferred to the institutional
  166-4  division <Department of Corrections> under Section 3 or 4 of this
  166-5  article, the court, before the date on which it would lose
  166-6  jurisdiction under Section 6(a) <3e>, Article 42.12, of this code,
  166-7  shall send to the department a document containing a statement of
  166-8  the date on which the defendant's sentence was pronounced and
  166-9  credits earned by the defendant under Article <Section> 42.03 of
 166-10  this code as of the date of the statement.
 166-11        Sec. 8.  (a)  A county that transfers a defendant to the
 166-12  institutional division of the Texas Department of Criminal Justice
 166-13  <Corrections> under this article <Article> shall deliver to the
 166-14  director of the division <department>:
 166-15              (1)  a copy of the judgment entered pursuant to Article
 166-16  42.01 of this code, completed on a standardized felony judgment
 166-17  form described by Section 4 of that article <Article>;
 166-18              (2)  a copy of any order revoking probation and
 166-19  imposing sentence pursuant to Section 23, <8 of> Article 42.12, of
 166-20  this code, including:
 166-21                    (A)  any amounts owed for restitution, fines, and
 166-22  court costs, completed on a standardized felony judgment form
 166-23  described by Section 4, <of> Article 42.01, of this code; and
 166-24                    (B)  a copy of the client supervision plan
 166-25  prepared for the defendant by the community supervision and
 166-26  corrections <adult probation> department supervising the defendant,
 166-27  if such a plan was prepared;
  167-1              (3)  a written report that states the nature and the
  167-2  seriousness of each offense and that states the citation to the
  167-3  provision or provisions of the Penal Code or other law under which
  167-4  the defendant was convicted;
  167-5              (4)  a copy of the victim impact statement, if one has
  167-6  been prepared in the case under Article 56.03 of this code;
  167-7              (5)  a statement as to whether there was a change in
  167-8  venue in the case and, if so, the names of the county prosecuting
  167-9  the offense and the county in which the case was tried;
 167-10              (6)  a copy of the record of arrest for each offense;
 167-11              (7)  information regarding the criminal history of the
 167-12  defendant;
 167-13              (8)  a copy of the indictment or information for each
 167-14  offense;
 167-15              (9)  a checklist sent by the department to the county
 167-16  and completed by the county in a manner indicating that the
 167-17  documents required by this subsection and Subsection (c) of this
 167-18  section accompany the defendant; and
 167-19              (10)  <a copy of the Criminal Justice Data Report
 167-20  prepared under Section 413.018, Government Code; and>
 167-21              <(11)>  a copy of a presentence investigation report
 167-22  prepared under Section 9, Article 42.12 of this code.
 167-23        (b)  The institutional division of the Texas Department of
 167-24  Criminal Justice <Corrections> shall not take a defendant into
 167-25  custody under this article <Article> until the director receives
 167-26  the documents required by Subsections (a) and (c) of this section.
 167-27        (c)  A county that transfers a defendant to the institutional
  168-1  division of the Texas Department of Criminal Justice <Corrections>
  168-2  under this article <Article> shall also deliver to the director of
  168-3  the division <department> any presentence investigation report,
  168-4  <probation> revocation report, psychological or psychiatric
  168-5  evaluation of the defendant, and available social or psychological
  168-6  background information relating to the defendant and may deliver to
  168-7  the director any additional information upon which the judge or
  168-8  jury bases the punishment decision.
  168-9        (d)  The institutional division of the Texas Department of
 168-10  Criminal Justice <Corrections> shall make documents received under
 168-11  Subsections (a) and (c) of this section available to the pardons
 168-12  and paroles division <Board of Pardons and Paroles> on the request
 168-13  of the pardons and paroles division <board or its representative>.
 168-14        (e)  A county is not required to deliver separate documents
 168-15  containing information relating to citations to provisions of the
 168-16  Penal Code or other law and to changes of venue, as otherwise
 168-17  required by Subsections (a)(3) and (a)(5) of this article
 168-18  <Article>, if the standardized felony judgment form described by
 168-19  Section 4, <of> Article 42.01, of this code is modified to require
 168-20  that information.
 168-21        (f)  Except as provided by Subsection (g) of this section,
 168-22  the county sheriff is responsible for ensuring that documents and
 168-23  information required by this section accompany defendants sentenced
 168-24  by district courts in the county to terms of confinement in the
 168-25  institutional division of the Texas Department of Criminal Justice
 168-26  <Corrections>.
 168-27        (g)  If the presiding judge of the administrative judicial
  169-1  region in which the county is located determines that the county
  169-2  sheriff is unable to perform the duties required by Subsection (f)
  169-3  of this section, the presiding judge may impose those duties on:
  169-4              (1)  the district clerk; or
  169-5              (2)  the prosecutor of each district court in the
  169-6  county.
  169-7        (h)  If a parole panel <the board> releases on parole a
  169-8  person who is confined in a jail in this state, a federal
  169-9  correctional institution, or a correctional institution in another
 169-10  state, the pardons and paroles division of the Texas Department of
 169-11  Criminal Justice <Board of Pardons and Paroles> shall request the
 169-12  sheriff who would otherwise be required to transfer the person to
 169-13  the institutional division <Texas Department of Corrections> to
 169-14  forward to both divisions <the board and to the department> the
 169-15  information described by Subsections (a) and (c) of this section.
 169-16  The sheriff shall comply with the request of the pardons and
 169-17  paroles division <board>.  The pardons and paroles division <board>
 169-18  shall determine whether the information forwarded by the sheriff
 169-19  under this subsection contains a thumbprint taken <fingerprint>
 169-20  from the person in the manner provided by Article 38.33 of this
 169-21  code and, if not, the division <board> shall obtain a thumbprint
 169-22  taken in the manner provided by that article <10-finger print from
 169-23  the person, either by use of the ink-rolled print method or by use
 169-24  of a live-scanning device that prints the fingerprint image on
 169-25  paper,> and shall forward the thumbprint <10-finger print> to the
 169-26  institutional division <department> for inclusion with the
 169-27  information sent by the sheriff.
  170-1        Art. 42.20.  IMMUNITIES.  (a)  An individual listed in
  170-2  Subsection (c) of this article and the governmental entity that the
  170-3  individual serves as an officer or employee are not liable for
  170-4  damages arising from an act or failure to act by the individual or
  170-5  governmental entity in connection with a community service program
  170-6  or work program established under this chapter if the act or
  170-7  failure to act:
  170-8              (1)  was performed pursuant to a court order or was
  170-9  otherwise performed in an official capacity; and
 170-10              (2)  was not intentional, wilfully or wantonly
 170-11  negligent, or performed with conscious indifference or reckless
 170-12  disregard for the safety of others.
 170-13        (b)  Chapter 101, Civil Practice and Remedies Code, does not
 170-14  apply to a claim based on an act or a failure to act of an
 170-15  individual listed in Subsection (c) of this article or a
 170-16  governmental entity the officer serves as an officer or employee if
 170-17  the act or failure to act is in connection with a program described
 170-18  by Subsection (a) of this article.
 170-19        (c)  This article applies to:
 170-20              (1)  a director of a community supervision and
 170-21  corrections department or a restitution center;
 170-22              (2)  an employee of a community supervision and
 170-23  corrections department or a restitution center;
 170-24              (3)  a sheriff or employee of a sheriff's department;
 170-25              (4)  a county judge, county commissioner, or county
 170-26  employee;
 170-27              (5)  an officer or employee of a state agency; or
  171-1              (6)  an officer or employee of a political subdivision
  171-2  other than a county.
  171-3        SECTION 4.06.  Section 8(b)(1), Article 42.18, Code of
  171-4  Criminal Procedure, is amended to read as follows:
  171-5        (b)(1)  A prisoner under sentence of death or sentence of
  171-6  life imprisonment without parole is not eligible for parole.
  171-7        SECTION 4.07.  Chapter 43, Code of Criminal Procedure, is
  171-8  amended by amending Articles 43.01, 43.03, 43.08, 43.09, 43.10,
  171-9  43.101, 43.11, and 43.12 and  adding Article 43.131 to read as
 171-10  follows:
 171-11        Art. 43.01.  Discharging Judgment for Fine.  (a)  When the
 171-12  sentence against an individual defendant is for fine and costs, he
 171-13  shall be discharged from the same:
 171-14              (1)  when the amount thereof has been fully paid; <or>
 171-15              (2)  when remitted by the proper authority; <or>
 171-16              (3)  when he has remained in custody for the time
 171-17  required by law to satisfy the amount thereof; or
 171-18              (4)  when the defendant has discharged the amount of
 171-19  fines and costs in any other manner permitted by this code.
 171-20        (b)  When the sentence against a defendant corporation or
 171-21  association is for fine and costs, it shall be discharged from
 171-22  same:
 171-23              (1)  when the amount thereof has been fully paid; <or>
 171-24              (2)  when the execution against the corporation or
 171-25  association has been fully satisfied; or
 171-26              (3)  when the judgment has been fully satisfied in any
 171-27  other manner.
  172-1        Art. 43.03.  Payment of Fine.  (a)  If a defendant is
  172-2  sentenced to pay a fine or costs or both and he defaults in
  172-3  payment, the court after a hearing under Subsection (d) of this
  172-4  article may order him confined <imprisoned> in jail until
  172-5  discharged as provided by law or may order him to discharge the
  172-6  fines and costs in any other manner provided by Article 43.09 of
  172-7  this code.  A certified copy of the judgment, sentence, and order
  172-8  is sufficient to authorize confinement under this subsection <such
  172-9  imprisonment>.
 172-10        (b)  A term of imprisonment for default in payment of fine or
 172-11  costs or both may not exceed the maximum term of confinement
 172-12  <imprisonment> authorized for the offense for which the defendant
 172-13  was sentenced to pay the fine or costs or both.  If a court orders
 172-14  a term of confinement for default in payment of fines or costs
 172-15  under this article at a time during which a defendant is serving
 172-16  another term of confinement for default or is serving a term of
 172-17  confinement for conviction of an offense, the term of confinement
 172-18  for default runs concurrently with the other term of confinement,
 172-19  unless the court orders the terms to run consecutively under
 172-20  Article 42.08 of this code.
 172-21        (c)  If a defendant is sentenced both to confinement
 172-22  <imprisonment> and to pay a fine or costs or both, and he defaults
 172-23  in payment of either, a term of confinement <imprisonment> for the
 172-24  default, when combined with the term of confinement <imprisonment>
 172-25  already assessed, may not exceed the maximum term of confinement
 172-26  <imprisonment> authorized for the offense for which the defendant
 172-27  was sentenced.
  173-1        (d)  A court may not order a defendant confined under
  173-2  Subsection (a) of this article unless the court at a hearing:
  173-3              (1)  determines that the defendant is not indigent or
  173-4  determines that the defendant wilfully refused to pay or failed to
  173-5  make sufficient bona fide efforts legally to acquire the resources
  173-6  to pay and enters that determination in writing in the court
  173-7  docket; and
  173-8              (2)  determines that no alternative method of
  173-9  discharging fines and costs provided by Article 43.09 of this code
 173-10  is appropriate for the defendant.
 173-11        Art. 43.08.  Further Enforcement Of Judgment.  (a)  When a
 173-12  defendant has been committed to jail in default of the fine and
 173-13  costs adjudged against him, the further enforcement of such
 173-14  judgment and sentence shall be in accordance with the provisions of
 173-15  this Code.
 173-16        (b)  The attorney representing the state may, for the purpose
 173-17  of obtaining information to aid in the enforcement of a judgment,
 173-18  initiate and maintain in the court in which the judgment was
 173-19  rendered any discovery proceeding authorized in civil pretrial
 173-20  matters.  The rules governing and related to pretrial discovery
 173-21  proceedings in civil matters apply to discovery under this article.
 173-22        (c)  The attorney representing the state may seek collection
 173-23  of the judgment through court proceedings as in civil matters.  The
 173-24  rules governing and related to the collection of judgments in civil
 173-25  matters apply to judgments rendered in criminal matters.
 173-26        (d)  A defendant may not discharge by confinement in the
 173-27  county jail any additional cost or fee taxed against the defendant
  174-1  as a result of an attempt to collect a judgment in a criminal
  174-2  matter.
  174-3        Art. 43.09.  Fine Discharged.  (a)  When a defendant is
  174-4  convicted of a misdemeanor and his punishment is assessed at a
  174-5  pecuniary fine, if he is unable to pay the fine and costs adjudged
  174-6  against him, he may for such time as will satisfy the judgment be
  174-7  put to work in the workhouse, or on the county farm, or public
  174-8  improvements of the county or a political subdivision located in
  174-9  whole or in part in the county, as provided in the succeeding
 174-10  article <Article>; or if there be no such workhouse, farm or
 174-11  improvements, he shall be confined <imprisoned> in jail for a
 174-12  sufficient length of time to discharge the full amount of fine and
 174-13  costs adjudged against him; rating such confinement <imprisonment>
 174-14  at $50 for each day and rating such labor at $50 for each day;
 174-15  provided, however, that the defendant may pay the pecuniary fine
 174-16  assessed against him at any time while he is serving at work in the
 174-17  workhouse, or on the county farm, or on the public improvements of
 174-18  the county or a political subdivision located in whole or in part
 174-19  in the county, or while he is serving his jail sentence, and in
 174-20  such instances he shall be entitled to the credit he has earned
 174-21  under this subsection during the time that he has served and he
 174-22  shall only be required to pay his balance of the pecuniary fine
 174-23  assessed against him.  A defendant who performs labor under this
 174-24  article during a day in which he is confined <imprisoned> is
 174-25  entitled to both the credit for confinement <imprisonment> and the
 174-26  credit for labor provided by this article.
 174-27        (b)  In its discretion, the court may order that for each
  175-1  day's confinement served by a defendant under this article
  175-2  <Article>, the defendant receive credit toward payment of the
  175-3  pecuniary fine and credit toward payment of costs adjudged against
  175-4  the defendant.  Additionally, the court may order that the
  175-5  defendant receive credit under this article <Article> for each
  175-6  day's confinement served by the defendant as punishment for the
  175-7  offense.
  175-8        (c)  In its discretion, the court may order that a defendant
  175-9  serving concurrent, but not consecutive, sentences for two or more
 175-10  misdemeanors may, for each day served, receive credit toward the
 175-11  satisfaction of costs and fines imposed for each separate offense.
 175-12        (d)  Notwithstanding any other provision of this article, in
 175-13  its discretion, the court or the sheriff of the county may grant an
 175-14  additional two days credit for each day served to any inmate
 175-15  participating in an approved work program under this article or a
 175-16  rehabilitation, restitution, or education program.
 175-17        (e)  A court in a county served by a community supervision
 175-18  and corrections department that has an electronic monitoring
 175-19  program approved by the community justice assistance division of
 175-20  the Texas Department of Criminal Justice may require a defendant
 175-21  who is unable to pay a fine or costs to discharge all or part of
 175-22  the fine or costs by submitting to electronic monitoring.  A
 175-23  defendant that submits to electronic monitoring under this
 175-24  subsection discharges fines and costs in the same manner as if the
 175-25  defendant were confined in county jail.
 175-26        (f)  A court may require a defendant who is unable to pay a
 175-27  fine or costs to discharge all or part of the fine or costs by
  176-1  performing community service.
  176-2        (g)  In its order requiring a defendant to participate in
  176-3  community service work under Subsection (f) of this article, the
  176-4  court must specify:
  176-5              (1)  the number of hours the defendant is required to
  176-6  work; and
  176-7              (2)  <the entity or organization for which the
  176-8  defendant is required to work;>
  176-9              <(3)  the project on which the defendant is required to
 176-10  work; and>
 176-11              <(4)>  whether the community supervision and
 176-12  corrections <district probation> department or a court-related
 176-13  services office will perform the administrative duties required by
 176-14  the placement of the defendant in the community service program.
 176-15        (h)  The court may order the defendant to perform community
 176-16  service work under Subsection (f) of this article only for a
 176-17  governmental entity or a nonprofit organization that provides
 176-18  services to the general public that enhance social welfare and the
 176-19  general well-being of the community.  A governmental entity or
 176-20  nonprofit organization that accepts a defendant under Subsection
 176-21  (f) of this article to perform community service must agree to
 176-22  supervise the defendant in the performance of the defendant's work
 176-23  and report on the defendant's work to the district probation
 176-24  department or court-related services office.
 176-25        (i)  The court may require bail of a defendant to ensure the
 176-26  defendant's faithful performance of community service under
 176-27  Subsection (f) of this article and may attach conditions to the
  177-1  bail as it determines are proper.
  177-2        (j)  A court may not order a defendant to perform more than
  177-3  16 hours per week of community service under Subsection (f) of this
  177-4  article unless the court determines that requiring the defendant to
  177-5  work additional hours does not work a hardship on the defendant or
  177-6  the defendant's dependents.
  177-7        (k)  A defendant is considered to have discharged $50 of
  177-8  fines or costs for each eight hours of community service performed
  177-9  under Subsection (f) of this article.
 177-10        <(l)  A sheriff, employee of a sheriff's department, county
 177-11  commissioner, county employee, county judge, an employee of a
 177-12  community corrections and supervision department, restitution
 177-13  center, or officer or employee of a political subdivision other
 177-14  than a county is not liable for damages arising from an act or
 177-15  failure to act in connection with manual labor performed by an
 177-16  inmate pursuant to this article if the act or failure to act:>
 177-17              <(1)  was performed pursuant to court order; and>
 177-18              <(2)  was not intentional, wilfully or wantonly
 177-19  negligent, or performed with conscious indifference or reckless
 177-20  disregard for the safety of others.>
 177-21        Art. 43.10.  To Do Manual Labor.  <(a)>  Where the punishment
 177-22  assessed in a conviction for misdemeanor is confinement in jail for
 177-23  more than one day, or where in such conviction the punishment is
 177-24  assessed only at a pecuniary fine and the party so convicted is
 177-25  unable to pay the fine and costs adjudged against him, or where the
 177-26  party convicted is required to serve a period of confinement as a
 177-27  condition of community supervision <probation>, the party convicted
  178-1  or required to serve the period of confinement shall be required to
  178-2  do manual labor in accordance with the provisions of this article
  178-3  <Article> under the following rules and regulations:
  178-4              1.  Each commissioners court may provide for the
  178-5  erection of a workhouse and the establishment of a county farm in
  178-6  connection therewith for the purpose of utilizing the labor of said
  178-7  parties so convicted or required to serve a period of confinement;
  178-8              2.  Such farms and workhouses shall be under the
  178-9  control and management of the sheriff, and the sheriff may adopt
 178-10  such rules and regulations not inconsistent with the rules and
 178-11  regulations of the Texas Commission on Jail Standards and with the
 178-12  laws as the sheriff deems necessary;
 178-13              3.  Such overseers and guards may be employed by the
 178-14  sheriff under the authority of the commissioners court as may be
 178-15  necessary to prevent escapes and to enforce such labor, and they
 178-16  shall be paid out of the county treasury such compensation as the
 178-17  commissioners court may prescribe;
 178-18              4.  They shall be put to labor upon public works,
 178-19  including public works for a political subdivision located in whole
 178-20  or in part in the county;
 178-21              5.  One who from age, disease, or other physical or
 178-22  mental disability is unable to do manual labor shall not be
 178-23  required to work.  His inability to do manual labor may be
 178-24  determined by a physician appointed for that purpose by the county
 178-25  judge or the commissioners court, who shall be paid for such
 178-26  service such compensation as said court may allow; and
 178-27              6.  For each day of manual labor, in addition to any
  179-1  other credits allowed by law, a defendant <prisoner> is entitled to
  179-2  have one day deducted from each sentence or period of confinement
  179-3  he is serving.  The deduction authorized by this article, when
  179-4  combined with the deduction required by Article 42.10, Code of
  179-5  Criminal Procedure, may not exceed two-thirds (2/3) of the sentence
  179-6  or period of confinement.
  179-7        <(b)  A sheriff, employee of a sheriff's department, county
  179-8  commissioner, county employee, county judge, and employee of a
  179-9  community corrections and supervision department, restitution
 179-10  center, or officer or employee of a political subdivision other
 179-11  than a county is not liable for damages arising from an act or
 179-12  failure to act in connection with manual labor performed by an
 179-13  inmate pursuant to this article if the act or failure to act:>
 179-14              <(1)  was performed pursuant to court order; and>
 179-15              <(2)  was not intentional, wilfully or wantonly
 179-16  negligent, or performed with conscious indifference or reckless
 179-17  disregard for the safety of others.>
 179-18        Art. 43.101.  Voluntary Work by Pretrial Detainees.  (a)  A
 179-19  defendant confined in county jail awaiting trial or a defendant
 179-20  confined in county jail after conviction of a felony and awaiting
 179-21  transfer to the institutional division of the Texas Department of
 179-22  Criminal Justice may volunteer to participate in any work program
 179-23  operated by the sheriff that uses the labor of convicted
 179-24  defendants.
 179-25        (b)  The sheriff may accept a defendant as a volunteer under
 179-26  Subsection (a) of this section if the defendant is not awaiting
 179-27  trial for an offense involving violence or is not awaiting transfer
  180-1  to the institutional division of the Texas Department of Criminal
  180-2  Justice after conviction of a felony involving violence, and if the
  180-3  sheriff determines that the inmate has not engaged previously in
  180-4  violent conduct and does not pose a security risk to the general
  180-5  public if allowed to participate in the work program.
  180-6        <(c)  The limitations on liability of a county for damages
  180-7  suffered by an inmate participating in a work program operated by
  180-8  the sheriff apply to a defendant who volunteers under Subsection
  180-9  (a) of this article in the same manner as if the inmate were
 180-10  participating in the program after conviction of an offense.>
 180-11        Art. 43.11.  Authority for Confinement <Imprisonment>.  When,
 180-12  by the judgment and sentence of the court, a defendant is to be
 180-13  confined <imprisoned> in jail, a certified copy of such judgment
 180-14  and sentence shall be sufficient authority for the sheriff to place
 180-15  such defendant in jail.
 180-16        Art. 43.12.  Capias for Confinement <Imprisonment>.  A capias
 180-17  issued for the arrest and commitment of one convicted of a
 180-18  misdemeanor, the penalty of which or any part thereof is
 180-19  confinement <imprisonment> in jail, shall recite the judgment and
 180-20  sentence and command the sheriff to immediately bring <place> the
 180-21  defendant before the court <in jail, to remain the length of time
 180-22  therein fixed>; and this writ shall be sufficient to authorize the
 180-23  sheriff to place the <such> defendant in jail until the defendant
 180-24  appears before the court.
 180-25        Art. 43.131.  IMMUNITIES.  (a)  An individual listed in
 180-26  Subsection (c) of this article and the governmental entity that the
 180-27  individual serves as an officer or employee are not liable for
  181-1  damages arising from an act or failure to act by the individual or
  181-2  governmental entity in connection with a community service program
  181-3  or work program established under this chapter if the act or
  181-4  failure to act:
  181-5              (1)  was performed pursuant to a court order or was
  181-6  otherwise performed in an official capacity; and
  181-7              (2)  was not intentional, wilfully or wantonly
  181-8  negligent, or performed with conscious indifference or reckless
  181-9  disregard for the safety of others.
 181-10        (b)  Chapter 101, Civil Practice and Remedies Code, does not
 181-11  apply to a claim based on an act or a failure to act of an
 181-12  individual listed in Subsection (c) of this article or a
 181-13  governmental entity the officer serves as an officer or employee if
 181-14  the act or failure to act is in connection with a program described
 181-15  by Subsection (a) of this article.
 181-16        (c)  This article applies to:
 181-17              (1)  a director of a community supervision and
 181-18  corrections department or a restitution center;
 181-19              (2)  an employee of a community supervision and
 181-20  corrections department or a restitution center;
 181-21              (3)  a sheriff or employee of a sheriff's department;
 181-22              (4)  a county judge, county commissioner, or county
 181-23  employee;
 181-24              (5)  an officer or employee of a state agency; or
 181-25              (6)  an officer or employee of a political subdivision
 181-26  other than a county.
 181-27        SECTION 4.08.  Subsection (a), Article 44.251, Code of
  182-1  Criminal Procedure, is amended to read as follows:
  182-2        (a)  The court of criminal appeals shall reform a sentence of
  182-3  death to a sentence of confinement in the institutional division of
  182-4  the Texas Department of Criminal Justice for life if the court
  182-5  finds that there is insufficient evidence to support an affirmative
  182-6  answer to an issue submitted to the jury under Article 37.071(b) of
  182-7  this code or a negative answer to an issue submitted to a jury
  182-8  under Subsection (e) or (f), Article 37.071,<(e)> of this code.
  182-9                               ARTICLE 5
 182-10        SECTION 5.01.  (a)  Chapter 413, Government Code, is amended
 182-11  to read as follows:
 182-12             CHAPTER 413.  CRIMINAL JUSTICE POLICY COUNCIL
 182-13        Sec. 413.001.  DEFINITIONS <DEFINITION>.  In this chapter:
 182-14              (1)  "Advisory committee" means the advisory committee
 182-15  to the Criminal Justice Policy Council.
 182-16              (2)  "Policy<, "policy> council" means the Criminal
 182-17  Justice Policy Council.
 182-18        Sec. 413.002.  CRIMINAL JUSTICE POLICY COUNCIL.  <(a)>  The
 182-19  Criminal Justice Policy Council is an agency of the state.
 182-20        Sec. 413.003.  ADVISORY COMMITTEE.  (a)  The advisory
 182-21  committee to the policy council consists of:
 182-22              (1)  the chairman of the criminal justice committee of
 182-23  the senate;
 182-24              (2)  at the discretion of the speaker of the house of
 182-25  representatives, the chairman of either the criminal jurisprudence
 182-26  committee or the corrections committee of the house of
 182-27  representatives;
  183-1              (3)  four members appointed by the governor, consisting
  183-2  of:
  183-3                    (A)  a county sheriff;
  183-4                    (B)  a peace officer other than a county sheriff;
  183-5                    (C)  a criminal defense lawyer; and
  183-6                    (D)  a representative of victims of crime; and
  183-7              (4)  five members appointed by the presiding judge of
  183-8  the Texas Court of Criminal Appeals, consisting of:
  183-9                    (A)  a judge serving on a court of appeals;
 183-10                    (B)  a district judge hearing criminal cases;
 183-11                    (C)  a county court at law judge hearing
 183-12  misdemeanor cases;
 183-13                    (D)  a practicing district attorney or criminal
 183-14  district attorney; and
 183-15                    (E)  a community supervision and corrections
 183-16  department officer.
 183-17        (b)  The advisory committee shall advise the executive
 183-18  director of the policy council on matters affecting the duties of
 183-19  the policy council.
 183-20        (c)  A member of the advisory committee appointed by the
 183-21  governor serves at the pleasure of the governor.  A member of the
 183-22  advisory committee appointed by the presiding judge of the Texas
 183-23  Court of Criminal Appeals serves at the pleasure of the presiding
 183-24  judge.
 183-25        (d)  Service on the advisory committee of a public officer or
 183-26  employee is an additional duty of the office or employment.
 183-27        (e)  A member of the advisory committee serves without
  184-1  compensation for service on the committee but is entitled to
  184-2  reimbursement for actual and necessary expenses incurred in
  184-3  performing committee duties.
  184-4        (f)  The governor shall appoint the chairman of the advisory
  184-5  committee.  The chairman shall appoint a vice-chairman to preside
  184-6  at meetings in the chairman's absence.
  184-7        (g)  The advisory committee shall meet at least quarterly and
  184-8  at the call of the chairman.
  184-9        <(b)  The membership of the policy council consists of:>
 184-10              <(1)  the governor, lieutenant governor, and speaker of
 184-11  the house of representatives;>
 184-12              <(2)  four members of the senate appointed by the
 184-13  lieutenant governor, one of whom must be the chairman of the
 184-14  criminal justice committee;>
 184-15              <(3)  four members of the house of representatives
 184-16  appointed by the speaker, one of whom must be the chairman of the
 184-17  criminal jurisprudence committee; and>
 184-18              <(4)  six members appointed by the governor, one of
 184-19  whom must be a district judge, one of whom must be a district
 184-20  attorney or criminal district attorney, one of whom must be a
 184-21  county judge, one of whom must be a county sheriff, and one of whom
 184-22  must be a county commissioner.>
 184-23        Sec. 413.004 <413.003>.  SUNSET PROVISION.  The Criminal
 184-24  Justice Policy Council is subject to Chapter 325 (Texas Sunset
 184-25  Act).  Unless continued in existence as provided by that chapter,
 184-26  the council is abolished September 1, 1997.
 184-27        <Sec. 413.004.  TENURE OF APPOINTED MEMBER.  An appointed
  185-1  member of the policy council serves at the pleasure of the
  185-2  appointing officer.>
  185-3        <Sec. 413.005.  SERVICE ADDITIONAL DUTY OF OFFICE.  Service
  185-4  on the policy council of a public officer or employee is an
  185-5  additional duty of the office or employment.>
  185-6        <Sec. 413.006.  COMPENSATION AND REIMBURSEMENT.  A member of
  185-7  the policy council serves without compensation for service on the
  185-8  council but is entitled to reimbursement for actual and necessary
  185-9  expenses incurred in performing council duties.>
 185-10        Sec. 413.005 <413.007>.  APPOINTMENT OF OTHER ADVISORY
 185-11  BODIES.  The policy council may establish other advisory councils,
 185-12  task forces, or commissions it considers necessary to accomplish
 185-13  the purposes of this chapter.
 185-14        Sec. 413.006 <413.008>.  GENERAL DUTY OF POLICY COUNCIL.  The
 185-15  policy council shall develop means to promote a more effective and
 185-16  cohesive state criminal justice system.
 185-17        Sec. 413.007 <413.009>.  DUTIES OF POLICY COUNCIL.  To
 185-18  accomplish its duties the policy council shall:
 185-19              (1)  conduct an in-depth analysis of the criminal
 185-20  justice system;
 185-21              (2)  determine the long-range needs of the criminal
 185-22  justice system and recommend policy priorities for the system;
 185-23              (3)  identify critical problems in the criminal justice
 185-24  system and recommend strategies to solve those problems;
 185-25              (4)  assess the cost-effectiveness of the use of state
 185-26  and local funds in the criminal justice system;
 185-27              (5)  recommend the goals, priorities, and standards for
  186-1  the allocation of criminal justice planning funds administered by
  186-2  the criminal justice division;
  186-3              (6)  recommend means to improve the deterrent and
  186-4  rehabilitative capabilities of the criminal justice system;
  186-5              (7)  advise and assist the legislature in developing
  186-6  plans, programs, and proposed legislation for improving the
  186-7  effectiveness of the criminal justice system;
  186-8              (8)  make computations of daily costs and compare
  186-9  interagency costs on services provided by agencies that are a part
 186-10  of the criminal justice system;
 186-11              (9)  make population computations for use in planning
 186-12  for the long-range needs of the criminal justice system;
 186-13              (10)  determine long-range information needs of the
 186-14  criminal justice system and acquire that information;
 186-15              (11)  engage in other activities consistent with the
 186-16  responsibilities of the policy council; and
 186-17              (12)  analyze criminal justice legislation proposed in
 186-18  the legislature and report to the legislature on the:
 186-19                    (A)  legal and policy justifications for the
 186-20  legislation;
 186-21                    (B)  appropriate ranking, according to the
 186-22  principles established in Section 413.014, of:
 186-23                          (i)  new offenses proposed by the
 186-24  legislation; and
 186-25                          (ii)  changes in existing offenses or
 186-26  punishments proposed by the legislation;
 186-27                    (C)  potential population impact on the criminal
  187-1  justice system of the legislation; and
  187-2                    (D)  short-term and long-term costs of the
  187-3  proposed legislation <implement the criminal justice data report>.
  187-4        <Sec. 413.010.  PRESIDING OFFICERS.  The governor is the
  187-5  chairman of the policy council.  The lieutenant governor is the
  187-6  vice-chairman and presides at meetings in the governor's absence.
  187-7  The speaker of the house of representatives presides at meetings
  187-8  when both the governor and lieutenant governor are absent.>
  187-9        <Sec. 413.011.  MEETINGS.  The policy council shall meet at
 187-10  least quarterly and at the call of its chairman.>
 187-11        Sec. 413.008 <413.012>.  CONTRACTUAL AUTHORITY.  <(a)>  The
 187-12  policy council may contract with public or private entities in the
 187-13  performance of its responsibilities.
 187-14        <(b)  The policy council may contract with the criminal
 187-15  justice center at Sam Houston State University to provide
 187-16  information important to the work of either council.>
 187-17        Sec. 413.009 <413.013>.  GRANTS AND DONATIONS.  The policy
 187-18  council may accept grants and donations from public and private
 187-19  entities in addition to legislative appropriations.
 187-20        Sec. 413.010 <413.014>.  EXECUTIVE DIRECTOR; STAFF.  (a)  The
 187-21  executive director is appointed by the governor with the advice and
 187-22  consent of the senate.  The executive director may not work for any
 187-23  agency or office of the state other than the policy council and may
 187-24  not perform duties for any other state agency or office that
 187-25  negatively affect the performance of the executive director's
 187-26  duties as executive director of the policy council.
 187-27        (b)  The executive director may employ personnel necessary to
  188-1  administer the responsibilities of the policy council.
  188-2        Sec. 413.011 <413.015>.  CRIMINAL JUSTICE PLAN; BIANNUAL
  188-3  <ANNUAL> REPORT.  (a)  The policy council biannually <annually>
  188-4  shall submit to the legislature a plan detailing the actions
  188-5  necessary to promote an effective and cohesive criminal justice
  188-6  system.
  188-7        (b)  The policy council shall include in the plan a report of
  188-8  its activities and the recommendations it makes under Sections
  188-9  413.007 and 413.013 <Section 413.009>.
 188-10        Sec. 413.012 <413.016>.  STATISTICAL ANALYSIS CENTER.  The
 188-11  policy council shall serve as the statistical analysis center for
 188-12  the state and as the liaison for the state to the United States
 188-13  Department of Justice on criminal justice issues of interest to the
 188-14  state and federal government relating to data, information systems,
 188-15  and research.
 188-16        Sec. 413.013 <413.017>.  SPECIAL PROJECTS.  <(a)>  Before
 188-17  January 1, 1994 <1991>, the policy council shall conduct <prepare
 188-18  and report to the legislature>:
 188-19              (1)  <a design for conducting> a comprehensive study of
 188-20  juvenile justice disposition <sentencing> patterns and practices in
 188-21  this state; and
 188-22              (2)  <an evaluation of formulas for the fair and
 188-23  equitable allocation of prison beds to local jurisdictions;>
 188-24              <(3)  a study that develops uniform definitions of the
 188-25  term "recidivism" and "revocation rate"; and>
 188-26              <(4)>  an examination of the reporting requirements
 188-27  imposed by the state on municipal, county, and district clerk
  189-1  offices and justices of the peace offices that relate to criminal
  189-2  justice system processing, with recommendations relating to the
  189-3  consolidation, simplification, or elimination of requirements where
  189-4  appropriate.
  189-5        Sec. 413.014.  OFFENSE RANKING.  (a)  The advisory committee
  189-6  shall report to the legislature concerning the appropriate ranking
  189-7  of new offenses proposed by the legislature, changes in existing
  189-8  offenses proposed by the legislature, and changes in existing
  189-9  punishments proposed by the legislature.
 189-10        (b)  The advisory committee shall perform its duties under
 189-11  this section using the following principles:
 189-12              (1)  offenses are to be considered as they typically
 189-13  occur, if a typical case scenario can be ascertained;
 189-14              (2)  severity depends on the importance of the interest
 189-15  that is protected by the offense, as described in Subsection (c);
 189-16              (3)  severity depends secondarily on the culpable
 189-17  mental state of the actor; and
 189-18              (4)  severity may be adjusted for special
 189-19  circumstances, such as a particularly vulnerable victim or other
 189-20  aggravating circumstances.
 189-21        (c)  The following interests are protected by offenses, in
 189-22  order of descending importance:
 189-23              (1)  harm to persons, including physical or sexual harm
 189-24  and the emotional harm of threatened or actual physical or sexual
 189-25  harm;
 189-26              (2)  harm to public safety;
 189-27              (3)  harm to public trust and authority;
  190-1              (4)  harm to property; and
  190-2              (5)  harm to decency and morals.
  190-3        <(b)  The design prepared under Subsection (a)(1) must
  190-4  include:>
  190-5              <(1)  a statement of the specific objectives of the
  190-6  comprehensive study;>
  190-7              <(2)  methodology;>
  190-8              <(3)  schedules for the study;>
  190-9              <(4)  a description of the resources necessary for the
 190-10  study; and>
 190-11              <(5)  two pilot sampling programs, capable of testing
 190-12  the design.>
 190-13        <(c)  Before January 1, 1993, the policy council shall
 190-14  prepare a study on and report to the legislature about statewide
 190-15  sentencing dynamics.  The report must include a detailed profile of
 190-16  felons sentenced to the institutional division and felons placed on
 190-17  probation.  The policy council shall design the study to provide
 190-18  the legislature with information necessary to perform a proper
 190-19  revision of the Penal Code and statutes relating to sentencing in
 190-20  criminal cases.>
 190-21        <Sec. 413.018.  CRIMINAL JUSTICE DATA REPORT.  (a)  Not later
 190-22  than September 1, 1992, the policy council shall prepare for and
 190-23  distribute to each district court in this state with felony
 190-24  jurisdiction a data collection report form.>
 190-25        <(b)  The policy council shall design the data collection
 190-26  report form to collect all information relevant to a sentence in a
 190-27  felony case or to a pretrial diversion or grant of deferred
  191-1  adjudication in a felony case as well as any other information
  191-2  determined necessary by the policy council.>
  191-3        <(c)  The attorney representing the state shall complete the
  191-4  data collection report for each felony conviction in which the
  191-5  defendant is sentenced to the institutional division of the Texas
  191-6  Department of Criminal Justice and shall include a copy of the data
  191-7  collection report in the documents sent to the division under
  191-8  Article 42.09, Code of Criminal Procedure.  In any disposition of a
  191-9  felony case that does not include confinement in the institutional
 191-10  division, the attorney representing the state shall send a copy of
 191-11  the report to the community supervision and corrections department
 191-12  serving the court.>
 191-13        <(d)  If a sentence in a criminal case is imposed pursuant to
 191-14  a plea bargain, the attorney representing the state shall include
 191-15  that information in the data collection report.>
 191-16        (b)  The governor and the presiding judge of the Texas Court
 191-17  of Criminal Appeals shall appoint their respective appointees to
 191-18  the advisory committee to the Criminal Justice Policy Council on or
 191-19  before _____________.
 191-20        SECTION 5.02.  Section 493.009, Government Code, is amended
 191-21  to read as follows:
 191-22        Sec. 493.009.  SUBSTANCE ABUSE FELONY PUNISHMENT FACILITIES.
 191-23  (a)  The department, through the community justice assistance
 191-24  division and the pardons and paroles division and with the
 191-25  cooperation of the Texas Commission on Alcohol and Drug Abuse,
 191-26  shall establish a program to confine and treat persons <defendants>
 191-27  punished under Section 14, Article 42.12, Code of Criminal
  192-1  Procedure <12.422, Penal Code>.
  192-2        (b)  The department and the Texas Commission on Alcohol and
  192-3  Drug Abuse shall jointly develop methods of screening and assessing
  192-4  persons punished <inmates sentenced> under Section 14, Article
  192-5  42.12, Code of Criminal Procedure <12.422, Penal Code>, to
  192-6  determine their need for specific types of treatment for alcohol or
  192-7  drug abuse problems.  The board shall adopt and periodically review
  192-8  criteria for admission under this section.  The board shall publish
  192-9  the criteria in the Texas Register and deliver the criteria to each
 192-10  judicial district in the state.
 192-11        (c)  The program for persons punished <sentenced> under
 192-12  Section 14, Article 42.12, Code of Criminal Procedure <12.422,
 192-13  Penal Code>, must consist of treatment programs that may vary in
 192-14  time from six months to 12 months.  The department shall also
 192-15  establish and provide treatment programs for persons in categories
 192-16  described by Subsections (g)(1)-(3) who are housed in beds
 192-17  otherwise provided for persons punished <sentenced> under Section
 192-18  14, Article 42.12, Code of Criminal Procedure <12.422, Penal Code>.
 192-19        (d)  The program for persons punished <sentenced> under
 192-20  Section 14, Article 42.12, Code of Criminal Procedure <12.422,
 192-21  Penal Code>, provided under this section must contain highly
 192-22  structured work, education, and treatment schedules, a clearly
 192-23  delineated authority structure, and well-defined goals and
 192-24  guidelines.  The department shall establish a graded system of
 192-25  rewards and sanctions for inmates who participate in the program,
 192-26  but a defendant punished <sentenced> under Section 14, Article
 192-27  42.12, Code of Criminal Procedure <12.422, Penal Code>, is not
  193-1  entitled to earn awards of time for good conduct.  A qualified
  193-2  professional, at least every 60 days, must perform an evaluation on
  193-3  a defendant, other than a defendant whose underlying offense is an
  193-4  offense under Chapter 49, Penal Code <Article 6701l-1, Revised
  193-5  Statutes>, that determines the defendant's treatment progress and
  193-6  institutional behavior.  The professional must perform the
  193-7  evaluation on a defendant whose underlying offense is an offense
  193-8  under Chapter 49, Penal Code <Article 6701l-1, Revised Statutes>,
  193-9  at least every 28 days.  Not later than three days after the date
 193-10  on which a four-month evaluation is performed, or in the case of a
 193-11  defendant whose underlying offense is an offense under Chapter 49,
 193-12  Penal Code <Article 6701l-1, Revised Statutes>, three days after
 193-13  the date on which a 28-day evaluation is performed, the qualified
 193-14  professional shall establish a tentative release date for the
 193-15  defendant, notify the sentencing court of that fact, and include
 193-16  with the notice a copy of the four-month or 28-day evaluation, as
 193-17  appropriate.  The qualified professional immediately shall notify
 193-18  the court if the professional determines the defendant's conduct
 193-19  requires a revision of the tentative release date.
 193-20        (e)  The department shall contract through the Texas
 193-21  Commission on Alcohol and Drug Abuse with nonprofit organizations
 193-22  to provide qualified professionals to implement the program for
 193-23  persons punished <sentenced> under Section 14, Article 42.12, Code
 193-24  of Criminal Procedure <12.422, Penal Code>.  For purposes of this
 193-25  subsection, a "qualified professional" is a person who:
 193-26              (1)  is a certified alcohol and drug abuse counselor;
 193-27              (2)  is a certified social worker or advanced clinical
  194-1  practitioner and who has at least two years of experience in
  194-2  chemical dependency counseling; or
  194-3              (3)  is a licensed professional counselor, physician,
  194-4  or psychologist and who has at least two years of experience in
  194-5  chemical dependency counseling.
  194-6        (f)  The department shall adopt rules of conduct for inmates
  194-7  participating in the program for persons punished <sentenced> under
  194-8  Section 14, Article 42.12, Code of Criminal Procedure <12.422,
  194-9  Penal Code>.
 194-10        (g)  The department shall provide 12,000 beds for the purpose
 194-11  of operating the program for persons punished <sentenced> under
 194-12  Section 14, Article 42.12, Code of Criminal Procedure <12.422,
 194-13  Penal Code>, except that the beds may also be used to house the
 194-14  following categories of persons:
 194-15              (1)  persons transferred under Subchapter A, Chapter
 194-16  499, Government Code, and Section 8(i), Article 42.18, Code of
 194-17  Criminal Procedure;
 194-18              (2)  persons whose probation or parole has been
 194-19  modified or revoked; and
 194-20              (3)  inmates confined in county jails awaiting transfer
 194-21  to the institutional division.
 194-22        (h)  On and after the date persons are punished <sentenced>
 194-23  under Section 14, Article 42.12, Code of Criminal Procedure
 194-24  <12.422, Penal Code>, to participate in the program established
 194-25  under this section, the department shall give priority to housing
 194-26  those persons over the categories of persons described by
 194-27  Subsections (g)(1)-(3).
  195-1        (i)  The department shall make quarterly reports to the
  195-2  Legislative Criminal Justice Board that show the ratio of persons
  195-3  in beds reserved under Subsection (g) who have been punished
  195-4  <sentenced> under Section 14, Article 42.12, Code of Criminal
  195-5  Procedure <12.422, Penal Code>, to persons in those beds who have
  195-6  been sent to the facilities by other methods.
  195-7        (j)  The department shall recover from a program participant
  195-8  the cost to the department of providing treatment, to the extent
  195-9  the participant has insurance that covers the treatment or is
 195-10  otherwise able to pay for the treatment.
 195-11        (k)  It is the intent of the legislature that facilities
 195-12  established under this section be used primarily to house persons
 195-13  punished <sentenced> under Section 14, Article 42.12, Code of
 195-14  Criminal Procedure <12.422, Penal Code>, except that if treatment
 195-15  beds are empty, this subsection does not prohibit the department
 195-16  from using those empty beds to treat the categories of persons
 195-17  listed in Subsection (g).
 195-18        (l)  The department shall identify inmates confined in county
 195-19  jails who are awaiting transfer to the institutional division and
 195-20  who because of their need for treatment of drug or alcohol problems
 195-21  require transfer to a substance abuse felony punishment facility.
 195-22  The department may order the county to transfer an inmate to such a
 195-23  facility.  If the board finds that a county has failed to fully
 195-24  cooperate with the department in evaluating and transferring
 195-25  inmates under this section, the board shall notify the Commission
 195-26  on Jail Standards of that fact.  On notice from the board, the
 195-27  commission may reduce or suspend payments under Subchapter F,
  196-1  Chapter 499, or may suspend the certification of the county jail as
  196-2  provided by Section 511.012.
  196-3        (m)  Notwithstanding any other provision of this section, the
  196-4  department is authorized to provide substance abuse felony
  196-5  punishment facilities, not to exceed 500 beds, for newly provided
  196-6  alcohol and drug abuse beds exclusively for persons whose probation
  196-7  or parole has been modified or revoked.
  196-8        (n)  The department may determine that a defendant punished
  196-9  under Section 14, Article 42.12, Code of Criminal Procedure, is not
 196-10  a suitable candidate for treatment in the program created under
 196-11  this section.  A court's recommendation that a defendant be placed
 196-12  in a program created under this section does not give the court the
 196-13  power to hold the department or any officer or employee of the
 196-14  department in contempt of court for failure to adhere to that
 196-15  recommendation.
 196-16        SECTION 5.03.  (a)  Section 498.002, Government Code, is
 196-17  amended to read as follows:
 196-18        Sec. 498.002.  CLASSIFICATION AND RECLASSIFICATION.  The
 196-19  institutional division shall classify each inmate as soon as
 196-20  practicable on the inmate's arrival at the division and, subject to
 196-21  the requirements of Section 498.005, shall reclassify the inmate as
 196-22  circumstances warrant.  Each inmate must be classified according to
 196-23  the inmate's conduct, obedience, industry, and criminal history.
 196-24  The director of the institutional division shall maintain a record
 196-25  on each inmate showing each classification and reclassification of
 196-26  the inmate with the date and reason for each classification or
 196-27  reclassification.  The institutional division may classify each
  197-1  inmate on the inmate's arrival at the division in a time-earning
  197-2  category that does not allow the inmate to earn more than four <30>
  197-3  days' good conduct time for each 30 days actually served.
  197-4        (b)  The change in law made by this section applies only to
  197-5  an inmate sentenced for an offense committed on or after the
  197-6  effective date of this section.  For the purposes of this section,
  197-7  an offense is committed before the effective date of this section
  197-8  if any element of the offense occurs before the effective date.  An
  197-9  inmate sentenced for an offense committed before the effective date
 197-10  of this section is covered by the law in effect when the offense
 197-11  was committed, and the former law is continued in effect for that
 197-12  purpose.
 197-13        SECTION 5.04.  (a)  Section 498.003, Government Code, is
 197-14  amended to read as follows:
 197-15        Sec. 498.003.  Accrual of Good Conduct Time.  (a)  Good
 197-16  conduct time applies only to determining the date on which an
 197-17  inmate is released from the physical custody of the institutional
 197-18  division <eligibility for parole or mandatory supervision as
 197-19  provided by Section 8, Article 42.18, Code of Criminal Procedure,
 197-20  and does not otherwise affect an inmate's term>.  Good conduct time
 197-21  is a privilege and not a right.  Regardless of the classification
 197-22  of an inmate, the director of the institutional division may grant
 197-23  good conduct time to the inmate only if the director finds that the
 197-24  inmate is actively engaged in an agricultural, vocational, <or>
 197-25  educational, <endeavor> or <in an> industrial program or other work
 197-26  program, unless the director finds that the inmate is not capable
 197-27  of participating in such a program <an endeavor>.  For the purposes
  198-1  of this subsection, the term "engaged in an educational program"
  198-2  includes the participation of the inmate as a tutor or a pupil in a
  198-3  literacy program authorized by Section 501.005.  The institutional
  198-4  division may not award good conduct time for participation in a
  198-5  literacy program unless the division determines the inmate
  198-6  participated in good faith and with diligence as a tutor or pupil.
  198-7        (b)  An inmate accrues good conduct time according to the
  198-8  inmate's classification in amounts as follows:
  198-9              (1)  6 <20> days for each 30 days actually served while
 198-10  the inmate is classified as a trusty<, except that the director of
 198-11  the institutional division may award the inmate not more than 10
 198-12  extra days for each 30 days actually served>;
 198-13              (2)  4 <20> days for each 30 days actually served while
 198-14  the inmate is classified as a Class I inmate; and
 198-15              (3)  2 <10> days for each 30 days actually served while
 198-16  the inmate is classified as a Class II inmate.
 198-17        (c)  An inmate may not accrue good conduct time during any
 198-18  period the inmate is classified as a Class III inmate <or is on
 198-19  parole or under mandatory supervision>.
 198-20        (d)  <An inmate may accrue good conduct time, in an amount
 198-21  determined by the director of the institutional division that does
 198-22  not exceed 15 days for each 30 days actually served, for diligent
 198-23  participation in an industrial program or other work program or for
 198-24  participation in an agricultural, educational, or vocational
 198-25  program provided to inmates by the institutional division.  For the
 198-26  purposes of this subsection, the term "participation in an
 198-27  educational program" includes the participation of the inmate as a
  199-1  tutor or a pupil in a literacy program authorized by Section
  199-2  501.005.  The institutional division may not award good conduct
  199-3  time under this subsection for participation in a literacy program
  199-4  unless the division determines that the inmate participated in good
  199-5  faith and with diligence as a tutor or pupil.>
  199-6        <(e)>  If a person confined in a county jail is transferred
  199-7  to the institutional division, the director of the institutional
  199-8  division shall award good conduct time to the person up to an
  199-9  amount equal to that which the person could have accrued during the
 199-10  period of imprisonment in the county jail if instead the person had
 199-11  been incarcerated in the division during that period.
 199-12        (b)  The change in law made by this section applies only to
 199-13  an inmate sentenced for an offense committed on or after the
 199-14  effective date of this section.  For the purposes of this section,
 199-15  an offense is committed before the effective date of this section
 199-16  if any element of the offense occurs before the effective date.  An
 199-17  inmate sentenced for an offense committed before the effective date
 199-18  of this section is covered by the law in effect when the offense
 199-19  was committed, and the former law is continued in effect for that
 199-20  purpose.
 199-21        SECTION 5.05.  (a)  Section 498.004(b), Government Code, is
 199-22  amended to read as follows:
 199-23        (b)  On the revocation of post-imprisonment <parole or
 199-24  mandatory> supervision of an inmate, the inmate forfeits all good
 199-25  conduct time previously accrued.  On return to the institutional
 199-26  division the inmate may accrue new good conduct time for subsequent
 199-27  time served in the division. The director of the institutional
  200-1  division may restore good conduct time forfeited on a revocation
  200-2  that does not involve a new criminal conviction after the inmate
  200-3  has served at least three months of good behavior in the
  200-4  institutional division, subject to rules adopted by the division.
  200-5  Not later than the 60th day after the date an inmate is returned to
  200-6  the institutional division following a revocation of
  200-7  post-imprisonment <parole or mandatory> supervision, the revoking
  200-8  judge <pardons and paroles division> shall notify the director of
  200-9  the institutional division of the grounds for revocation.
 200-10        (b)  The change in law made by this section applies only to
 200-11  an inmate sentenced for an offense committed on or after the
 200-12  effective date of this section.  For the purposes of this section,
 200-13  an offense is committed before the effective date of this section
 200-14  if any element of the offense occurs before the effective date.  An
 200-15  inmate sentenced for an offense committed before the effective date
 200-16  of this section is covered by the law in effect when the offense
 200-17  was committed, and the former law is continued in effect for this
 200-18  purpose.
 200-19        SECTION 5.06.  Section 499.0021(b), Government Code, is
 200-20  amended to read as follows:
 200-21        (b)  The pardons and paroles division may assume custody of
 200-22  an inmate who is eligible for transfer under this section not
 200-23  earlier than one year before the inmate's presumptive parole date.
 200-24  The inmate becomes a pre-parolee on the date the pardons and
 200-25  paroles division assumes custody, and the pardons and paroles
 200-26  division immediately shall transfer the pre-parolee to a facility
 200-27  under contract with the division, which may be a community
  201-1  residential facility, a community corrections facility listed in
  201-2  Section 10, Article 42.131 <6(b), Article 42.13>, Code of Criminal
  201-3  Procedure, or a county correctional facility.  A pre-parolee
  201-4  transferred under this section is considered to be in the actual
  201-5  physical custody of the pardons and paroles division.
  201-6        SECTION 5.07.  Section 499.003(d), Government Code, is
  201-7  amended to read as follows:
  201-8        (d)  The pardons and paroles division may request of a
  201-9  sheriff that the sheriff forward to the pardons and paroles
 201-10  division  copies of any records possessed by the sheriff that are
 201-11  relevant to the pardons and paroles division in its determination
 201-12  as to whether to transfer a person from the county jail to a secure
 201-13  community residential facility, and the pardons and paroles
 201-14  division shall request the sheriff to forward to the institutional
 201-15  division and to the pardons and paroles division the information
 201-16  relating to the defendant the sheriff would be required under
 201-17  Section 8, Article 42.09, Code of Criminal Procedure, to deliver to
 201-18  the institutional division had the defendant been transferred to
 201-19  the institutional division.  The pardons and paroles division
 201-20  shall determine whether the information forwarded by the sheriff
 201-21  contains a thumbprint taken <fingerprint> from the person in the
 201-22  manner provided by Article 38.33, Code of Criminal Procedure, and,
 201-23  if not, the pardons and paroles division shall obtain a thumbprint
 201-24  in the manner provided by that article <10-finger print from the
 201-25  person, either by use of the ink-rolled print method or by use of a
 201-26  live-scanning device that prints the fingerprint on paper>, and
 201-27  shall forward the thumbprint <10-finger print> to the institutional
  202-1  division for inclusion with the information sent by the sheriff.
  202-2  The sheriff shall comply with a request from the pardons and
  202-3  paroles division made under this subsection.
  202-4        SECTION 5.08.  The section heading of Section 499.052,
  202-5  Government Code, is amended to read as follows:
  202-6        Sec. 499.052.  STATE BOOT CAMP <ALTERNATIVE INCARCERATION>
  202-7  PROGRAM <For Probationers>.
  202-8        SECTION 5.09.  The subchapter heading of Subchapter D,
  202-9  Chapter 499, Government Code, is amended to read as follows:
 202-10             SUBCHAPTER D.  ALLOCATION FORMULAS <FORMULA>
 202-11        SECTION 5.10.  Section 499.071, Government Code, is amended
 202-12  to read as follows:
 202-13        Sec. 499.071.  ALLOCATION FORMULA.  (a)  The board shall
 202-14  <develop,> adopt<,> and enforce an allocation formula that fairly
 202-15  and equitably allocates to each county <or group of counties served
 202-16  by a community corrections and supervision department> the number
 202-17  of institutional division admissions allocated to the county <or
 202-18  counties> until sufficient capacity is available in the
 202-19  institutional division.  In devising the formula, the board shall
 202-20  consider relevant factors for each county <or group of counties>
 202-21  served by a department and shall assign weights to those factors as
 202-22  determined appropriate by the board.  The factors shall include but
 202-23  are not limited to:
 202-24              (1)  the percentage of prison admissions for the entire
 202-25  state that were used by the county <or counties> in the preceding
 202-26  12 months;
 202-27              (2)  the percentage of the state's violent index crime
  203-1  that occurred in the county <or counties> in the preceding 12
  203-2  months;
  203-3              (3)  the percentage of the state's total index crime
  203-4  that occurred in the county <or counties> in the preceding 12
  203-5  months;
  203-6              (4)  the percentage of the state's total arrests under
  203-7  Chapter 481, Health and Safety Code, that occurred in the county
  203-8  <or counties> in the preceding 12 months;
  203-9              (5)  the percentage of the state's population residing
 203-10  in the county <or counties>;
 203-11              (6)  the percentage of the state's total unemployment
 203-12  in the county <or counties>; and
 203-13              (7)  the percentage of all defendants serving sentences
 203-14  for felonies who were paroled from the institutional division, a
 203-15  jail in this state, a federal correctional institution, or a jail
 203-16  or correctional institution in another state in the preceding 12
 203-17  months and who were released to reside in the county <or counties>.
 203-18        (b)  The board shall adopt and enforce an allocation formula
 203-19  that fairly and equitably allocates community corrections program
 203-20  funding to each community supervision and corrections department,
 203-21  in the manner provided by Section 11(a)(3), Article 42.13, Code of
 203-22  Criminal Procedure.  In devising the formula, the board shall use
 203-23  the factors listed in Subsection (a), but may assign different
 203-24  weights to those factors than those used in developing the
 203-25  admissions allocation formula.  The board also may use factors not
 203-26  listed in Subsection (a) in devising the formula under this
 203-27  subsection.
  204-1        (c)  If the board is unable to obtain for a factor listed in
  204-2  Subsection (a) information for the preceding 12-month period, the
  204-3  board shall consider the most recent information available for that
  204-4  factor.
  204-5        (d) <(c)>  The board shall revise each <the> formula
  204-6  annually.
  204-7        SECTION 5.11.  Section 501.015(b), Government Code, is
  204-8  amended to read as follows:
  204-9        (b)  When an inmate is discharged or is released on parole,
 204-10  mandatory supervision, or conditional pardon, the inmate is
 204-11  entitled to receive $200 from the institutional division as
 204-12  provided by this subsection.  The department shall give the inmate
 204-13  $100 on discharge.  A supervision <parole> officer to whom the
 204-14  inmate is required to report <by the pardons and paroles division>
 204-15  shall give the inmate the remaining $100 if the inmate reports to
 204-16  the officer within the time specified by the board.  If an inmate
 204-17  is released and is not required <by the pardons and paroles
 204-18  division> to report to a supervision <parole> officer or is
 204-19  authorized <by the pardons and paroles division> to report to a
 204-20  location outside this state, the institutional division shall give
 204-21  the inmate $200 on discharge or release.
 204-22                               ARTICLE 6
 204-23        SECTION 6.01.  Section 1, Article 42.18, Code of Criminal
 204-24  Procedure, is amended to read as follows:
 204-25        Sec. 1.  INTENT; APPLICABILITY.  (a)  It is the intent of
 204-26  this article to provide for the release of appropriate persons on
 204-27  parole, to designate the Board of Pardons and Paroles as the
  205-1  exclusive authority to determine paroles, and to aid all prisoners
  205-2  to readjust to society upon completion of their period of
  205-3  incarceration by providing a program of mandatory supervision for
  205-4  those prisoners not released on parole or through executive
  205-5  clemency.  It is the final intent of this article to remove from
  205-6  existing statutes the limitations, other than questions of
  205-7  constitutionality, that have acted as barriers to effective systems
  205-8  of parole and mandatory supervision in the public interest.
  205-9        (b)  This article applies only to a prisoner serving a
 205-10  sentence for an offense committed before September 1, 1994.  For
 205-11  the purposes of this section, an offense is committed before
 205-12  September 1, 1994, only if every element of the offense occurs
 205-13  before that date.
 205-14        SECTION 6.02.  Chapter 42, Code of Criminal Procedure, is
 205-15  amended by adding Article 42.181 to read as follows:
 205-16        Art. 42.181.  INMATES SENTENCED FOR OFFENSES COMMITTED ON OR
 205-17  AFTER SEPTEMBER 1, 1994.  (a)  An inmate serving a sentence in the
 205-18  institutional division of the Texas Department of Criminal Justice
 205-19  for an offense committed on or after September 1, 1994, is not
 205-20  eligible for release on parole or mandatory supervision, and may
 205-21  earn good conduct time only in the manner and to the extent
 205-22  provided by Section 498.003, Government Code.
 205-23        (b)  This article is not intended to prevent, limit, or
 205-24  interfere with the constitutional power of the governor to grant
 205-25  pardons and commute sentences.
 205-26        (c)  For the purposes of this section, an offense is
 205-27  committed on or after September 1, 1994, if any element of the
  206-1  offense is committed on or after that date.
  206-2                               ARTICLE 7
  206-3        SECTION 7.01.  CREATION.  The Texas Commission on Juvenile
  206-4  Issues is created to study juvenile issues, with an emphasis on the
  206-5  juvenile justice system in this state.
  206-6        SECTION 7.02.  POWERS AND DUTIES.  (a)  The commission may
  206-7  issue subpoenas to the same extent and under the same rules as a
  206-8  standing committee of the legislature.
  206-9        (b)  The commission shall study and analyze all laws, rules,
 206-10  and regulations applicable to juveniles in this state, including:
 206-11              (1)  the provisions of the Family Code;
 206-12              (2)  the law governing and the rules adopted by the
 206-13  Texas Juvenile Probation Commission;
 206-14              (3)  the law governing and the rules adopted by the
 206-15  Texas Youth Commission;
 206-16              (4)  the law governing and the rules adopted by the
 206-17  Central Education Agency;
 206-18              (5)  the law governing and the rules adopted by the
 206-19  Department of Protective and Regulatory Services;
 206-20              (6)  the law governing the licensing and regulation of
 206-21  facilities serving juveniles; and
 206-22              (7)  the law governing juvenile records and the sharing
 206-23  of information concerning juveniles.
 206-24        (c)  In addition to the issues studied under Subsection (b)
 206-25  of this section, the commission shall study:
 206-26              (1)  services available to juveniles that are provided
 206-27  by a public or private entity or by a for-profit or nonprofit
  207-1  entity; and
  207-2              (2)  the elements of pre-delinquent and at-risk
  207-3  behavior in juveniles.
  207-4        (d)  After completing the study, the commission shall propose
  207-5  legislation to:
  207-6              (1)  revise the law applicable to juveniles to ensure
  207-7  that:
  207-8                    (A)  adequate services are available to
  207-9  juveniles, including services for pre-delinquent and at-risk youth;
 207-10                    (B)  information and records are available to
 207-11  appropriate agencies and authorities, while maintaining safeguards
 207-12  for confidentiality and privacy;
 207-13                    (C)  a mechanism is provided for the coordination
 207-14  of juvenile services across agency lines and jurisdictional
 207-15  boundaries;
 207-16                    (D)  a mechanism is provided for the licensing
 207-17  and regulation of facilities and programs offering services to
 207-18  juveniles; and
 207-19                    (E)  a mechanism is provided to maximize the
 207-20  availability and use of federal funds for juvenile programs and
 207-21  facilities;
 207-22              (2)  adequately expand residential facilities to serve
 207-23  juveniles through a contract with or under the supervision of a
 207-24  local probation authority or the Texas Youth Commission;
 207-25              (3)  adequately expand the juvenile probation and
 207-26  parole system, including the provision of special supervision and
 207-27  treatment programs, to allow juveniles released on probation or
  208-1  parole to receive supervision or treatment based on risk and need;
  208-2  and
  208-3              (4)  address other issues raised as a result of the
  208-4  study.
  208-5        SECTION 7.03.  COMPOSITION.  (a)  The commission is composed
  208-6  of 11 members, seven of whom are appointed by the governor, two of
  208-7  whom are members of the senate appointed by the lieutenant
  208-8  governor, and two of whom are members of the house of
  208-9  representatives appointed by the speaker of the house of
 208-10  representatives.  In making appointments under this section, the
 208-11  governor shall attempt to ensure participation on the commission by
 208-12  women and minorities, including African Americans, Hispanic
 208-13  Americans, Native Americans, and Asian Americans.  Each member
 208-14  serves at the pleasure of the official by whom the member is
 208-15  appointed.
 208-16        (b)  The governor shall designate one member to serve as
 208-17  chairman and one member to serve as vice-chairman.
 208-18        (c)  All members of the commission shall be generally
 208-19  experienced in juvenile justice matters.  In addition, there shall
 208-20  be at least one member of the commission experienced in and
 208-21  currently serving in each of the following positions:
 208-22              (1)  a trial judge who hears juvenile cases;
 208-23              (2)  a prosecutor of juvenile cases;
 208-24              (3)  a public defender in juvenile cases;
 208-25              (4)  an administrator of a juvenile justice system; and
 208-26              (5)  a constitutional county judge.
 208-27        SECTION 7.04.  REIMBURSEMENT.  Members of the commission are
  209-1  not entitled to compensation but are entitled to reimbursement for
  209-2  actual and necessary expenses incurred in performing their official
  209-3  duties.
  209-4        SECTION 7.05.  STAFF; CONTRACTS.  (a)  The commission may
  209-5  hire staff as needed to provide data collection, analysis,
  209-6  research, and other support services for the commission.
  209-7        (b)  The commission may contract with agencies of the state
  209-8  or private consultants for expert assistance in developing profiles
  209-9  for pre-delinquent or at-risk youth and other analytical services.
 209-10        SECTION 7.06. ADVISORY COMMITTEES.  (a)  Three advisory
 209-11  committees, one composed of representatives of education agencies,
 209-12  one composed of representatives of social services agencies, and
 209-13  one composed of representatives of nonprofit private sector
 209-14  interest groups, are created to advise the commission in the
 209-15  performance of its duties under this article.
 209-16        (b)  An advisory committee composed of nine representatives
 209-17  of education agencies designated by the commission shall be
 209-18  appointed.  A member of the advisory committee shall be appointed
 209-19  by the executive director of a designated agency as required by the
 209-20  commission.
 209-21        (c)  An advisory committee composed of nine representatives
 209-22  of social services agencies designated by the commission shall be
 209-23  appointed.  A member of the advisory committee shall be appointed
 209-24  by the executive director of a designated agency as required by the
 209-25  commission.
 209-26        (d)  An advisory committee composed of 11 representatives of
 209-27  nonprofit private sector interest groups involved with juvenile
  210-1  justice issues shall be appointed by the members of the commission,
  210-2  with each commission member appointing one member of the advisory
  210-3  committee.
  210-4        (e)  An advisory committee member appointed by the executive
  210-5  director of a state agency must be authorized by the executive
  210-6  director to officially represent the interests of the agency.
  210-7        (f)  An advisory committee member appointed by the executive
  210-8  director of a state agency is not entitled to compensation or
  210-9  reimbursement of expenses for service on the advisory committee
 210-10  unless the compensation or reimbursement is paid by the state
 210-11  agency that the advisory committee member is appointed to
 210-12  represent.  Advisory committee members appointed by members of the
 210-13  commission are not entitled to compensation but are entitled to
 210-14  reimbursement for actual and necessary expenses incurred in
 210-15  performing their official duties as advisory committee members.
 210-16        SECTION 7.07.  SUBMISSION.  The commission shall submit the
 210-17  proposed legislation described by Section 7.02(d) of this article
 210-18  to the governor, the lieutenant governor, and the speaker of the
 210-19  house of representatives not later than _________________.
 210-20        SECTION 7.08.  INITIAL APPOINTMENTS.  (a)  The governor, the
 210-21  lieutenant governor, and the speaker of the house of
 210-22  representatives shall make their appointments not later than the
 210-23  ____ day after the effective date of this article.
 210-24        (b)  The members of the commission and the designated state
 210-25  agency executive directors shall make appointments to the advisory
 210-26  committees under Section 7.06 of this article not later than the
 210-27  ____ day after all members of the commission are appointed.
  211-1                               ARTICLE 8
  211-2        SECTION 8.01.  From the unissued balance of general
  211-3  obligation bonds that are authorized under Article III, Section
  211-4  49-h, of the Texas Constitution, the Texas Public Finance Authority
  211-5  shall issue bonds in the amount of $54 million and distribute the
  211-6  proceeds for the purposes specified in the appropriation for the
  211-7  Texas Department of Criminal Justice made by Section 8.02(a) of
  211-8  this Act.
  211-9        SECTION 8.02.  (a)  In addition to other amounts appropriated
 211-10  for the fiscal biennium ending August 31, 1993, the sum of $54
 211-11  million is appropriated to the Texas Department of Criminal Justice
 211-12  from the proceeds of the issuance of bonds previously authorized
 211-13  under Article III, Section 49-h, of the Texas Constitution for the
 211-14  two-year period beginning on the date the proceeds are available
 211-15  for the payment of expenses incurred in acquiring, constructing, or
 211-16  equipping 4,500 regional work facility beds.
 211-17        (b)  In addition to other amounts appropriated for the fiscal
 211-18  biennium ending August 31, 1995, the following sums are
 211-19  appropriated to the Texas Department of Criminal Justice from the
 211-20  general revenue fund:
 211-21              (1)  to the institutional division, for the operation
 211-22  of 4,500 regional work facility beds:
 211-23                    (A)  $36,000,000 for the fiscal year ending
 211-24  August 31, 1994; and
 211-25                    (B)  the unexpended balance of Paragraph (A) for
 211-26  the fiscal year ending August 31, 1995; and
 211-27              (2)  to the community justice assistance division:
  212-1                    (A)  for supervision:
  212-2                          (i)  $107,000,000 for the fiscal year
  212-3  ending August 31, 1994; and
  212-4                          (ii)  $107,000,000 for the fiscal year
  212-5  ending August 31, 1995;
  212-6                    (B)  for diversionary target programs:
  212-7                          (i)  $104,526,100 for the fiscal year
  212-8  ending August 31, 1994; and
  212-9                          (ii)  $104,526,100 for the fiscal year
 212-10  ending August 31, 1995; and
 212-11                    (C)  for community corrections programs:
 212-12                          (i)  $249,706,900 for the fiscal year
 212-13  ending August 31, 1994; and
 212-14                          (ii)  $249,706,900 for the fiscal year
 212-15  ending August 31, 1995.
 212-16                               ARTICLE 9
 212-17        SECTION 9.01.  This Act takes effect September 1, 1994,
 212-18  except that Article 8 of this Act takes effect immediately.
 212-19        SECTION 9.02.  The importance of this legislation and the
 212-20  crowded condition of the calendars in both houses create an
 212-21  emergency and an imperative public necessity that the
 212-22  constitutional rule requiring bills to be read on three several
 212-23  days in each house be suspended, and this rule is hereby suspended,
 212-24  and that this Act take effect and be in force according to its
 212-25  terms, and it is so enacted.