1-1                                   AN ACT
 1-2     relating to the establishment of drug court programs and to a study
 1-3     of drug court programs by the Criminal Justice Policy Council.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subtitle B, Title 6, Health and Safety Code, is
 1-6     amended by adding Chapter 469 to read as follows:
 1-7                      CHAPTER 469.  DRUG COURT PROGRAMS
 1-8           Sec. 469.001.  DRUG COURT PROGRAM DEFINED. In this chapter,
 1-9     "drug court program" means a program that has the following
1-10     essential characteristics:
1-11                 (1)  the integration of alcohol and other drug
1-12     treatment services in the processing of cases in the judicial
1-13     system;
1-14                 (2)  the use of a nonadversarial approach involving
1-15     prosecutors and defense attorneys to promote public safety and to
1-16     protect the due process rights of program participants;
1-17                 (3)  early identification and prompt placement of
1-18     eligible participants in the program;
1-19                 (4)  access to a continuum of alcohol, drug, and other
1-20     related treatment and rehabilitative services;
1-21                 (5)  monitoring of abstinence through weekly alcohol
1-22     and other drug testing;
1-23                 (6)  a coordinated strategy to govern program responses
1-24     to participants' compliance;
 2-1                 (7)  ongoing judicial interaction with program
 2-2     participants;
 2-3                 (8)  monitoring and evaluation of program goals and
 2-4     effectiveness;
 2-5                 (9)  continuing interdisciplinary education to promote
 2-6     effective program planning, implementation, and operations; and
 2-7                 (10)  development of partnerships with public agencies
 2-8     and community organizations.
 2-9           Sec. 469.002.  AUTHORITY TO ESTABLISH PROGRAM. Except as
2-10     provided by Section 469.006, the commissioners court of a county
2-11     may establish a drug court program for persons arrested for,
2-12     charged with, or convicted of:
2-13                 (1)  an offense in which an element of the offense is
2-14     the use or possession of alcohol or the use, possession, or sale of
2-15     a controlled substance, a controlled substance analogue, or
2-16     marihuana; or
2-17                 (2)  an offense in which the use of alcohol or a
2-18     controlled substance is suspected to have significantly contributed
2-19     to the commission of the offense and the offense did not involve:
2-20                       (A)  carrying, possessing, or using a firearm or
2-21     other dangerous weapon;
2-22                       (B)  the use of force against the person of
2-23     another; or
2-24                       (C)  the death of or serious bodily injury to
2-25     another.
2-26           Sec. 469.003.  OVERSIGHT. (a)  The lieutenant governor and
2-27     the speaker of the house of representatives may assign to
 3-1     appropriate legislative committees duties relating to the oversight
 3-2     of drug court programs established under Section 469.002.
 3-3           (b)  A legislative committee or the governor may request the
 3-4     state auditor to perform a management, operations, or financial or
 3-5     accounting audit of a drug court program established under Section
 3-6     469.002.
 3-7           Sec. 469.004.  FEES. (a)  A drug court program established
 3-8     under Section 469.002 may collect from a participant in the
 3-9     program:
3-10                 (1)  a reasonable program fee not to exceed $1,000,
3-11     which may be paid on a periodic basis or on a deferred payment
3-12     schedule at the discretion of the judge, magistrate, or program
3-13     director administering the program; and
3-14                 (2)  a urinalysis testing and counseling fee:
3-15                       (A)  based on the participant's ability to pay;
3-16     and
3-17                       (B)  in an amount necessary to cover the costs of
3-18     the testing and counseling.
3-19           (b)  A drug court program may require a participant to pay
3-20     all treatment costs incurred while participating in the program,
3-21     based on the participant's ability to pay.
3-22           Sec. 469.005.  CRIMINAL JUSTICE POLICY COUNCIL STUDY.
3-23     (a)  The Criminal Justice Policy Council shall conduct a study of
3-24     drug court programs in Texas and issue a report not later than
3-25     January 15, 2003, to the speaker of the house of representatives,
3-26     the lieutenant governor, the House Appropriations Committee, the
3-27     Senate Finance Committee, the House Committee on Judicial Affairs,
 4-1     the Senate Committee on Jurisprudence, the House Committee on
 4-2     Criminal Jurisprudence, and the Senate Committee on Criminal
 4-3     Justice.
 4-4           (b)  The report shall examine the effectiveness of presently
 4-5     operating drug court programs and make recommendations regarding
 4-6     potential expansion and improvements.
 4-7           (c)  This section expires on June 1, 2003.
 4-8           Sec. 469.006.  PROGRAM IN CERTAIN COUNTIES MANDATORY. (a)
 4-9     The commissioners court of a county with a population of more than
4-10     550,000 shall establish a drug court program under Section 469.002.
4-11           (b)  A drug court program required under this section to be
4-12     established must have at least 100 participants during the first
4-13     four months in which the program is operating.
4-14           (c)  A county required under this section to establish a drug
4-15     court program shall apply to the federal government for any funds
4-16     available to pay the costs of the program.  The criminal justice
4-17     division of the governor's office may assist a county in applying
4-18     for federal funds as required by this subsection, including
4-19     providing financial assistance to the county.
4-20           (d)  A county that does not establish a drug court program as
4-21     required by this section is ineligible to receive from the state:
4-22                 (1)  funds for a community supervision and corrections
4-23     department; and
4-24                 (2)  grants administered by the criminal justice
4-25     division of the governor's office.
4-26           Sec. 469.007.  USE OF OTHER DRUG AND ALCOHOL AWARENESS
4-27     PROGRAMS.  In addition to using a drug court program established
 5-1     under Section 469.002, the commissioners court of a county or a
 5-2     court may use other drug awareness or drug and alcohol driving
 5-3     awareness programs to treat persons convicted of drug or alcohol
 5-4     related offenses.
 5-5           SECTION 2. (a)  Except as provided by Subsection (b) of this
 5-6     section, the commissioners court of a county shall establish a drug
 5-7     court program as required by Section 469.006, Health and Safety
 5-8     Code, as added by this Act, not later than September 1, 2002.
 5-9           (b)  A county is required under Section 469.006, Health and
5-10     Safety Code, as added by this Act, to establish a drug court
5-11     program only if the county receives federal funding specifically
5-12     for that purpose or the legislature appropriates money specifically
5-13     for that purpose.  If the county does not receive federal funding
5-14     specifically for that purpose and the legislature does not
5-15     appropriate money specifically for that purpose, a county may, but
5-16     is not required to, establish a drug court program under Section
5-17     469.002, Health and Safety Code, as added by this Act, using other
5-18     money available for that purpose.
5-19           SECTION 3. This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1287 was passed by the House on April
         4, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1287 on May 24, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1287 was passed by the Senate, with
         amendments, on May 17, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor