By Hinojosa                                            H.B. No. 839
         77R3406 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to time served under community supervision as a credit
 1-3     against a sentence executed after revocation of community
 1-4     supervision.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 23(b), Article 42.12, Code of Criminal
 1-7     Procedure, is amended to read as follows:
 1-8           (b)  On revocation under Subsection (a), the court shall
 1-9     consider [No part of] the time that the defendant was [is] on
1-10     community supervision as time served [shall be considered as any
1-11     part of the time that he shall be sentenced to serve].  The right
1-12     of the defendant to appeal for a review of the conviction and
1-13     punishment, as provided by law, shall be accorded the defendant at
1-14     the time he is placed on community supervision.  When he is
1-15     notified that his community supervision is revoked for violation of
1-16     the conditions of community supervision and he is called on to
1-17     serve a sentence in a jail or in the institutional division of the
1-18     Texas Department of Criminal Justice, he may appeal the revocation.
1-19           SECTION 2. The change in law made by this Act applies to a
1-20     revocation of community supervision that is entered by a court on
1-21     or after the effective date of this Act, regardless of whether the
1-22     defendant was placed on community supervision before, on, or after
1-23     the effective date of this Act.
1-24           SECTION 3. This Act takes effect September 1, 2001.