By Thompson                                           H.B. No. 1287
         77R1930 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of the commissioners court of a county to
 1-3     establish a drug court program.
 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. The
2-10     commissioners court of a county may establish a drug court program
2-11     for persons arrested for, charged with, or convicted of:
2-12                 (1)  an offense in which an element of the offense is
2-13     the use or possession of alcohol or the use, possession, or sale of
2-14     a controlled substance, a controlled substance analogue, or
2-15     marihuana; or
2-16                 (2)  an offense in which the use of alcohol or a
2-17     controlled substance is suspected to have significantly contributed
2-18     to the commission of the offense if:
2-19                       (A)  the offense did not involve violence; or
2-20                       (B)  the person has not been previously arrested
2-21     for, charged with, or convicted of a criminal offense.
2-22           Sec. 469.003.  CERTIFICATION REQUIREMENT. A drug court
2-23     program established under Section 469.002 must be certified by the
2-24     Office of Justice Programs of the United States Department of
2-25     Justice not later than 18 months after the program is established.
2-26           Sec. 469.004.  FEES. A court may collect from a participant
2-27     in a drug court program established under Section 469.002:
 3-1                 (1)  a monthly appearance fee of $25; and
 3-2                 (2)  a urinalysis testing and counseling fee:
 3-3                       (A)  based on the participant's ability to pay;
 3-4     and
 3-5                       (B)  in an amount necessary to cover the costs of
 3-6     the testing and counseling.
 3-7           SECTION 2. This Act takes effect September 1, 2001.