80R2245 PEP-D

By: Hochberg H.B. No. 1875

A BILL TO BE ENTITLED

AN ACT

relating to the operation and funding of drug court programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 469, Health and Safety Code, is amended by amending Sections 469.003, 469.004, and 469.007 and by adding Sections 469.005, 469.008, and 469.009 to read as follows:

Sec. 469.003. OVERSIGHT. (a) The lieutenant governor and the speaker of the house of representatives may assign to appropriate legislative committees duties relating to the oversight of drug court programs established under this chapter [Section 469.002].

(b) A legislative committee or the governor may request the state auditor to perform a management, operations, or financial or accounting audit of a drug court program established under this chapter [Section 469.002].

Sec. 469.004. FEES. (a) A drug court program established under this chapter [Section 469.002] may collect from a participant in the program:

(1) a reasonable program fee not to exceed $1,000, which may be paid on a periodic basis or on a deferred payment schedule at the discretion of the judge, magistrate, or program director administering the program; and

(2) a urinalysis testing and counseling fee:

(A) based on the participant's ability to pay; and

(B) in an amount necessary to cover the costs of the testing and counseling.

(b) A drug court program may require a participant to pay all treatment costs incurred while participating in the program, based on the participant's ability to pay.

Sec. 469.005. DRUG COURT PROGRAMS EXCLUSIVELY FOR CERTAIN INTOXICATION OFFENSES. (a) The commissioners court of a county may establish under this chapter a drug court program exclusively for persons arrested for, charged with, or convicted of an offense involving the operation of a motor vehicle while intoxicated.

(b) A drug court program established under this section must have at least 50 participants during the first four months in which the program is operating.

(c) A county that establishes a drug court program under this chapter but does not establish a separate program under this section must employ procedures designed to ensure that a person arrested for, charged with, or convicted of a second or subsequent offense involving the operation of a motor vehicle while intoxicated participates in the county's existing drug court program.

Sec. 469.007. USE OF OTHER DRUG AND ALCOHOL AWARENESS PROGRAMS. In addition to using a drug court program established under this chapter [Section 469.002], the commissioners court of a county or a court may use other drug awareness or drug and alcohol driving awareness programs to treat persons convicted of drug or alcohol related offenses.

Sec. 469.008. SUSPENSION OR DISMISSAL OF CERTAIN CONDITIONS OF COMMUNITY SUPERVISION. (a) Notwithstanding Sections 13 and 16, Article 42.12, Code of Criminal Procedure, to encourage participation in a drug court program established under this chapter, the judge or magistrate administering the program may suspend any requirement that, as a condition of community supervision, a participant in the program:

(1) not operate a motor vehicle unless the vehicle is equipped with an ignition interlock device, as defined by Section 521.241, Transportation Code; or

(2) work a specified number of hours at a community service project or projects.

(b) On successful completion of a drug court program, a judge or magistrate may excuse the participant from any condition of community supervision previously suspended under Subsection (a).

Sec. 469.009. OCCUPATIONAL DRIVER'S LICENSE. Notwithstanding Section 521.242, Transportation Code, if a participant's driver's license has been suspended as a result of an alcohol-related or drug-related enforcement contact, as defined by Section 524.001, Transportation Code, or as a result of a conviction under Section 49.04, 49.07, or 49.08, Penal Code, the judge or magistrate administering a drug court program under this chapter may order that an occupational license be issued to the participant. An order issued under this section is subject to Sections 521.248-521.252, Transportation Code, except that any reference to a petition under Section 521.242 of that code does not apply.

SECTION 2. Section 4, Article 17.42, Code of Criminal Procedure, is amended to read as follows:

Sec. 4. (a) If a court releases an accused on personal bond on the recommendation of a personal bond office, the court shall assess a personal bond fee in an amount equal to the greater of:

(1) $20; or

(2) the following applicable amount:

(A) three percent of the amount of the bail fixed for the accused, if the personal bond office serves a county that has not established a drug court program; or

(B) six percent of the amount of the bail fixed for the accused, if the personal bond office serves a county that has established a drug court program [whichever is greater].

(b) Notwithstanding Subsection (a), the [The] court may waive the fee or assess a lesser fee if good cause is shown.

(c) If the personal bond office serves a county that has not established a drug court program, fees [(b) Fees] collected under this article may be used solely to defray expenses of the personal bond office, including defraying the expenses of extradition. If the personal bond office serves a county that has established a drug court program, one-half of the fees collected under this article shall be used to defray expenses of the personal bond office, including defraying the expenses of extradition, and the remaining one-half of the fees collected shall be used to defray expenses of operating the drug court program.

(d) [(c)] Fees collected under this article shall be deposited in the county treasury. If [, or if] the personal bond office serves more than one county, none of which has established a drug court program, the fees shall be apportioned to each county in the district according to each county's pro rata share of the costs of the office. If the personal bond office serves more than one county, including a county that has established a drug court program, the additional amount of the personal bond fee collected under this section, because at least one of the counties has established a drug court program, shall be divided equally among each county in the district that has established such a program. The remaining amount of the fees collected shall be apportioned to each county in the district according to each county's pro rata share of the costs of the office.

(e) In this section, "drug court program" means a drug court program established by a county commissioners court under Chapter 469, Health and Safety Code.

SECTION 3. (a) The change in law made by this Act to Chapter 469, Health and Safety Code, applies to a person who enters a drug court program under that chapter regardless of whether the person committed the offense for which the person enters the program before, on, or after the effective date of this Act.

(b) The change in law made by this Act to Article 17.42, Code of Criminal Procedure, applies only to a personal bond fee that is assessed under that article on or after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2007.