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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation and funding of drug court programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 469, Health and Safety Code, is amended |
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by amending Sections 469.003, 469.004, and 469.007 and adding |
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Sections 469.005, 469.008, and 469.009 to read as follows: |
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Sec. 469.003. OVERSIGHT. (a) The lieutenant governor and |
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the speaker of the house of representatives may assign to |
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appropriate legislative committees duties relating to the |
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oversight of drug court programs established under this chapter |
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[Section 469.002]. |
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(b) A legislative committee or the governor may request the |
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state auditor to perform a management, operations, or financial or |
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accounting audit of a drug court program established under this |
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chapter [Section 469.002]. |
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Sec. 469.004. FEES. (a) A drug court program established |
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under this chapter [Section 469.002] may collect from a participant |
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in the program: |
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(1) a reasonable program fee not to exceed $1,000, |
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which may be paid on a periodic basis or on a deferred payment |
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schedule at the discretion of the judge, magistrate, or program |
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director administering the program; and |
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(2) a urinalysis testing and counseling fee: |
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(A) based on the participant's ability to pay; |
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and |
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(B) in an amount necessary to cover the costs of |
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the testing and counseling. |
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(b) A drug court program may require a participant to pay |
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all treatment costs incurred while participating in the program, |
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based on the participant's ability to pay. |
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Sec. 469.005. DRUG COURT PROGRAMS EXCLUSIVELY FOR CERTAIN |
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INTOXICATION OFFENSES. (a) The commissioners court of a county may |
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establish under this chapter a drug court program exclusively for |
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persons arrested for, charged with, or convicted of an offense |
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involving the operation of a motor vehicle while intoxicated. |
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(b) A drug court program established under this section must |
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have at least 50 participants during the first four months in which |
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the program is operating. |
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(c) A county that establishes a drug court program under |
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this chapter but does not establish a separate program under this |
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section must employ procedures designed to ensure that a person |
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arrested for, charged with, or convicted of a second or subsequent |
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offense involving the operation of a motor vehicle while |
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intoxicated participates in the county's existing drug court |
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program. |
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Sec. 469.007. USE OF OTHER DRUG AND ALCOHOL AWARENESS |
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PROGRAMS. In addition to using a drug court program established |
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under this chapter [Section 469.002], the commissioners court of a |
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county or a court may use other drug awareness or drug and alcohol |
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driving awareness programs to treat persons convicted of drug or |
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alcohol related offenses. |
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Sec. 469.008. SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE |
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REQUIREMENT. (a) Notwithstanding Sections 13 and 16, Article |
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42.12, Code of Criminal Procedure, to encourage participation in a |
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drug court program established under this chapter, the judge or |
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magistrate administering the program may suspend any requirement |
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that, as a condition of community supervision, a participant in the |
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program work a specified number of hours at a community service |
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project or projects. |
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(b) On successful completion of a drug court program, a |
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judge or magistrate may excuse the participant from any condition |
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of community supervision previously suspended under Subsection |
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(a). |
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Sec. 469.009. OCCUPATIONAL DRIVER'S LICENSE. |
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Notwithstanding Section 521.242, Transportation Code, if a |
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participant's driver's license has been suspended as a result of an |
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alcohol-related or drug-related enforcement contact, as defined by |
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Section 524.001, Transportation Code, or as a result of a |
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conviction under Section 49.04, 49.07, or 49.08, Penal Code, the |
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judge or magistrate administering a drug court program under this |
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chapter may order that an occupational license be issued to the |
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participant. An order issued under this section is subject to |
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Sections 521.248-521.252, Transportation Code, except that any |
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reference to a petition under Section 521.242 of that code does not |
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apply. |
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SECTION 2. The changes in law made by this Act apply to a |
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person who enters a drug court program under Chapter 469, Health and |
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Safety Code, regardless of whether the person committed the offense |
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for which the person enters the program before, on, or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |