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Amend CSHB 3189 (house committee report) as follows:
(1) On page 1, line 9, between "REPORTING." and "A", insert "(a)".
(2) On page 1, line 15, between "shall" and "submit", insert ", if the defendant consents to the release of the information,".
(3) On page 1, between lines 18 and 19, insert the following:
(b) A defendant may not be:
(1) required as a condition of community supervision to consent to the release of information under Subsection (a); or
(2) excluded from a substance abuse treatment facility or program based on the defendant's failure to consent to the release of the information.
(4) On page 1, line 21, between "REPORTING." and "A", insert "(a)".
(5) On page 2, strike lines 1 through 3 and substitute the following:
(1) the name and date of birth of the defendant;
(2) the name of the specialty court in which the defendant is participating;
(3) the date the defendant began participating in the specialty court; and
(4) if the defendant consents to the release of the information, the name of the substance or substances abused by the defendant.
(b) A defendant may not be:
(1) required as a condition of participation in a specialty court to consent to the release of information under Subsection (a)(4); or
(2) excluded from a substance abuse treatment facility or program based on the defendant's failure to consent to the release of the information.
(6) On page 2, line 6, between "REPORTING." and "A", insert "(a)".
(7) On page 2, line 8, between "shall" and "submit", insert ", if the patient consents to the release of the information,".
(8) On page 2, between lines 11 and 12, insert the following:
(b) A patient may not be excluded from a substance abuse treatment facility or program based on the patient's failure to consent to the release of information under Subsection (a).
(9) On page 2, strike lines 12 and 13 and substitute the following:
SECTION 4. Section 481.076, Health and Safety Code, is amended by amending Subsections (a), (a-3), (a-4), (c), (i), and (j) and adding Subsection (a-6) to read as follows:
(10) On page 3, line 18, following the semicolon, strike "or" and substitute "[or]".
(11) On page 3, line 21, between "Subsection (j)" and the period, insert "; or
(8) the judge of a specialty court as defined by Section 121.001, Government Code, or the judge's designee, in the manner prescribed by Subsection (a-6)".
(12) On page 4, between lines 10 and 11, insert the following:
(a-6) On request by a judge of a specialty court as defined by Section 121.001, Government Code, or the judge's designee, the board shall provide to the judge or the judge's designee information submitted to the board under Article 42A.3035, Code of Criminal Procedure, Section 121.003, Government Code, or Section 462.0691, 481.074(q), or 481.075 that relates to a current or prospective specialty court program participant.