reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 122 - Family Drug Court Program › Section 122.004. Funding

Sec. 122.004.  FUNDING.  A county creating a family drug court under this chapter shall explore the possibility of using court improvement project funds to finance the family drug court in the county.  The county shall also explore the availability of federal and state matching funds to finance the court.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.63, eff. September 1, 2005.
Transferred, redesignated and amended from Family Code, Subchapter J, Chapter 264 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.02, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 123 - Drug Court Programs › Section 123.002. Authority to Establish Program

Sec. 123.002.  AUTHORITY TO ESTABLISH PROGRAM.  The commissioners court of a county or governing body of a municipality may establish the following types of drug court programs:
(1)  drug courts for persons arrested for, charged with, or convicted of:
(A)  an offense in which an element of the offense is the use or possession of alcohol or the use, possession, or sale of a controlled substance, a controlled substance analogue, or marihuana; or
(B)  an offense in which the use of alcohol or a controlled substance is suspected to have significantly contributed to the commission of the offense and the offense did not involve:
(i)  carrying, possessing, or using a firearm or other dangerous weapon;
(ii)  the use of force against the person of another; or
(iii)  the death of or serious bodily injury to another;
(2)  drug courts for juveniles detained for, taken into custody for, or adjudicated as having engaged in:
(A)  delinquent conduct, including habitual felony conduct, or conduct indicating a need for supervision in which an element of the conduct is the use or possession of alcohol or the use, possession, or sale of a controlled substance, a controlled substance analogue, or marihuana; or
(B)  delinquent conduct, including habitual felony conduct, or conduct indicating a need for supervision in which the use of alcohol or a controlled substance is suspected to have significantly contributed to the commission of the conduct and the conduct did not involve:
(i)  carrying, possessing, or using a firearm or other dangerous weapon;
(ii)  the use of force against the person of another; or
(iii)  the death of or serious bodily injury to another;
(3)  reentry drug courts for persons with a demonstrated history of using alcohol or a controlled substance who may benefit from a program designed to facilitate the person's transition and reintegration into the community on release from a state or local correctional facility;
(4)  family dependency drug treatment courts for family members involved in a suit affecting the parent-child relationship in which a parent's use of alcohol or a controlled substance is a primary consideration in the outcome of the suit; or
(5)  programs for other persons not precisely described by Subdivisions (1)-(4) who may benefit from a program that has the essential characteristics described by Section 123.001.
Added by Acts 2001, 77th Leg., ch. 1510, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 625 (H.B. 530), Sec. 2, eff. June 15, 2007.
Transferred, redesignated and amended from Health and Safety Code, Chapter 469 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.04, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 123 - Drug Court Programs › Section 123.003. Establishment of Regional Program

Sec. 123.003.  ESTABLISHMENT OF REGIONAL PROGRAM.  (a)  The commissioners courts of two or more counties, or the governing bodies of two or more municipalities, may elect to establish a regional drug court program under this chapter for the participating counties or municipalities.
(b)  Repealed by Acts 2019, 86th Leg., Ch. 1352 (S.B. 346), Sec. 4.40(29), eff. January 1, 2020.
Added by Acts 2007, 80th Leg., R.S., Ch. 625 (H.B. 530), Sec. 7, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1359 (S.B. 633), Sec. 1, eff. June 19, 2009.
Transferred, redesignated and amended from Health and Safety Code, Chapter 469 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.04, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.40(29), eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 123 - Drug Court Programs › Section 123.004. Reimbursement Fees

Sec. 123.004.  REIMBURSEMENT FEES.  (a)  A drug court program established under this chapter may collect from a participant in the program:
(1)  a reasonable reimbursement fee for the program not to exceed $1,000; and
(2)  an alcohol or controlled substance testing, counseling, and treatment reimbursement fee in an amount necessary to cover the costs of the testing, counseling, and treatment.
(b)  Reimbursement fees collected under this section may be paid on a periodic basis or on a deferred payment schedule at the discretion of the judge, magistrate, or coordinator.  The fees must be:
(1)  based on the participant's ability to pay; and
(2)  used only for purposes specific to the program.
Added by Acts 2001, 77th Leg., ch. 1510, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 625 (H.B. 530), Sec. 4, eff. June 15, 2007.
Transferred, redesignated and amended from Health and Safety Code, Chapter 469 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.04, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.46, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 123 - Drug Court Programs › Section 123.005. Drug Court Programs Exclusively for Certain Intoxication Offenses

Sec. 123.005.  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 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 625 (H.B. 530), Sec. 7, eff. June 15, 2007.
Transferred, redesignated and amended from Health and Safety Code, Chapter 469 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.04, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 123 - Drug Court Programs › Section 123.006. Program in Certain Counties Mandatory

Sec. 123.006.  PROGRAM IN CERTAIN COUNTIES MANDATORY.  (a)  The commissioners court of a county with a population of more than 200,000 shall:
(1)  establish a drug court program under Section 123.002(1); and
(2)  direct the judge, magistrate, or coordinator to comply with Section 121.002(c)(1).
(b)  A county required under this section to establish a drug court program shall apply for federal and state funds available to pay the costs of the program.  The criminal justice division of the governor's office may assist a county in applying for federal funds as required by this subsection.
(c)  Notwithstanding Subsection (a), a county is required to establish a drug court program under this section only if:
(1)  the county receives federal or state funding specifically for that purpose; and
(2)  the judge, magistrate, or coordinator receives the verification described by Section 121.002(c)(2).
(d)  A county that does not establish a drug court program as required by this section and maintain the program is ineligible to receive from the state:
(1)  funds for a community supervision and corrections department; and
(2)  grants for substance abuse treatment programs administered by the criminal justice division of the governor's office.
Added by Acts 2001, 77th Leg., ch. 1510, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 625 (H.B. 530), Sec. 5, eff. June 15, 2007.
Transferred, redesignated and amended from Health and Safety Code, Chapter 469 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.04, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.31, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 123 - Drug Court Programs › Section 123.007. Use of Other Drug and Alcohol Awareness Programs

Sec. 123.007.  USE OF OTHER DRUG AND ALCOHOL AWARENESS PROGRAMS.  In addition to using a drug court program established under this chapter, the commissioners court of a county or a court may use other drug awareness programs to treat persons convicted of drug or alcohol related offenses.
Added by Acts 2001, 77th Leg., ch. 1510, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 625 (H.B. 530), Sec. 6, eff. June 15, 2007.
Transferred, redesignated and amended from Health and Safety Code, Chapter 469 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.04, eff. September 1, 2013.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.62, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 123 - Drug Court Programs › Section 123.008. Suspension or Dismissal of Community Service Requirement

Sec. 123.008.  SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE REQUIREMENT.  (a)  Notwithstanding Article 42A.304, 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 work a specified number of hours at a community service project or projects.
(b)  On a participant's 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).
Added by Acts 2007, 80th Leg., R.S., Ch. 625 (H.B. 530), Sec. 7, eff. June 15, 2007.
Transferred, redesignated and amended from Health and Safety Code, Chapter 469 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.04, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.39, eff. January 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 123 - Drug Court Programs › Section 123.009. Occupational Driver's License

Sec. 123.009.  OCCUPATIONAL DRIVER'S LICENSE.  Notwithstanding Section 521.2421, 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 driver's license be issued to the participant.  An order issued under this section is subject to Sections 521.248, 521.249, 521.250, 521.252, and 521.253, Transportation Code, except that any reference to a petition under Section 521.2421 of that code does not apply.
Added by Acts 2007, 80th Leg., R.S., Ch. 625 (H.B. 530), Sec. 7, eff. June 15, 2007.
Transferred, redesignated and amended from Health and Safety Code, Chapter 469 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.04, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 386 (H.B. 291), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 124 - Veterans Treatment Court Program › Section 124.003. Duties of Veterans Treatment Court Program

Sec. 124.003.  DUTIES OF VETERANS TREATMENT COURT PROGRAM.  (a)  A veterans treatment court program established under this chapter must:
(1)  if there has not yet been a disposition in the criminal case, ensure that a defendant eligible for participation in the program is provided legal counsel before volunteering to proceed through the program and while participating in the program;
(2)  allow a participant arrested for or charged with an offense to withdraw from the program at any time before a trial on the merits has been initiated;
(3)  provide a participant with a court-ordered individualized treatment plan indicating the services that will be provided to the participant; and
(4)  ensure that the jurisdiction of the veterans treatment court continues for a period of not less than six months but does not continue beyond the period of community supervision for the offense charged.
(b)  A veterans treatment court program established under this chapter shall make, establish, and publish local procedures to ensure maximum participation of eligible defendants in the program.
(b-1)  A veterans treatment court program may allow a participant to comply with the participant's court-ordered individualized treatment plan or to fulfill certain other court obligations through the use of videoconferencing software or other Internet-based communications.
(c)  This chapter does not prevent the initiation of procedures under Chapter 46B, Code of Criminal Procedure.
Added by Acts 2009, 81st Leg., R.S., Ch. 840 (S.B. 1940), Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1103 (H.B. 4833), Sec. 17(a), eff. September 1, 2009.
Transferred, redesignated and amended from Health and Safety Code, Chapter 617 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.05, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1205 (S.B. 1474), Sec. 4, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1205 (S.B. 1474), Sec. 5, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 889 (H.B. 3069), Sec. 3, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 160 (S.B. 1093), Sec. 1, eff. May 28, 2021.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 12.02, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 124 - Veterans Treatment Court Program › Section 124.004. Establishment of Regional Program

Sec. 124.004.  ESTABLISHMENT OF REGIONAL PROGRAM.  (a)  The commissioners courts of two or more counties may elect to establish a regional veterans treatment court program under this chapter for the participating counties.
(b)  Repealed by Acts 2019, 86th Leg., Ch. 1352 (S.B. 346), Sec. 4.40(30), eff. January 1, 2020.
Added by Acts 2009, 81st Leg., R.S., Ch. 840 (S.B. 1940), Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1103 (H.B. 4833), Sec. 17(a), eff. September 1, 2009.
Transferred, redesignated and amended from Health and Safety Code, Chapter 617 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.05, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1205 (S.B. 1474), Sec. 6, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.40(30), eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 124 - Veterans Treatment Court Program › Section 124.005. Reimbursement Fees

Sec. 124.005.  REIMBURSEMENT FEES.  (a)  A veterans treatment court program established under this chapter may collect from a participant in the program:
(1)  a reasonable reimbursement fee for the program not to exceed $1,000; and
(2)  a testing, counseling, and treatment reimbursement fee in an amount necessary to cover the costs of any testing, counseling, or treatment performed or provided under the program.
(b)  Reimbursement fees collected under this section may be paid on a periodic basis or on a deferred payment schedule at the discretion of the judge, magistrate, or coordinator.  The fees must be:
(1)  based on the participant's ability to pay; and
(2)  used only for purposes specific to the program.
Added by Acts 2009, 81st Leg., R.S., Ch. 840 (S.B. 1940), Sec. 4, eff. June 19, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1103 (H.B. 4833), Sec. 17(a), eff. September 1, 2009.
Transferred, redesignated and amended from Health and Safety Code, Chapter 617 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.05, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1205 (S.B. 1474), Sec. 7, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.47, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 124 - Veterans Treatment Court Program › Section 124.006. Courtesy Supervision

Sec. 124.006.  COURTESY SUPERVISION.  (a)  A veterans treatment court program that accepts placement of a defendant may transfer responsibility for supervising the defendant's participation in the program to another veterans treatment court program that is located in the county where the defendant works or resides or in a county adjacent to the county where the defendant works or resides.  The defendant's supervision may be transferred under this section only with the consent of both veterans treatment court programs and the defendant.
(b)  A defendant who consents to the transfer of the defendant's supervision must agree to abide by all rules, requirements, and instructions of the veterans treatment court program that accepts the transfer.
(c)  If a defendant whose supervision is transferred under this section does not successfully complete the program, the veterans treatment court program supervising the defendant shall return the responsibility for the defendant's supervision to the veterans treatment court program that initiated the transfer.
(d)  If a defendant is charged with an offense in a county that does not operate a veterans treatment court program, the court in which the criminal case is pending may place the defendant in a veterans treatment court program located in the county where the defendant works or resides or in a county adjacent to the county where the defendant works or resides, provided that a program is operated in that county and the defendant agrees to the placement.  A defendant placed in a veterans treatment court program in accordance with this subsection must agree to abide by all rules, requirements, and instructions of the program.
Added by Acts 2015, 84th Leg., R.S., Ch. 1205 (S.B. 1474), Sec. 8, eff. September 1, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 160 (S.B. 1093), Sec. 2, eff. May 28, 2021.
Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 12.03, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 124 - Veterans Treatment Court Program › Section 124.007. Report

Sec. 124.007.  REPORT.  Not later than December 1 of each year, the Texas Veterans Commission shall report the following information for the preceding state fiscal year to the governor, the lieutenant governor, the speaker of the house of representatives, and each member of the legislature:
(1)  the number of defendants who:
(A)  participated in each veterans treatment court program;
(B)  successfully completed each program; and
(C)  did not successfully complete each program; and
(2)  the amount of grant funding received by each program.
Added by Acts 2019, 86th Leg., R.S., Ch. 526 (S.B. 1180), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 125 - Mental Health Court Programs › Section 125.002. Authority to Establish Program

Sec. 125.002.  AUTHORITY TO ESTABLISH PROGRAM.  The commissioners court of a county may establish a mental health court program for persons who:
(1)  have been arrested for or charged with a misdemeanor or felony; and
(2)  are suspected by a law enforcement agency or a court of having a mental illness or an intellectual disability.
Added by Acts 2003, 78th Leg., ch. 1120, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1130 (H.B. 2518), Sec. 1, eff. June 18, 2005.
Transferred, redesignated and amended from Health and Safety Code, Chapter 616 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.06, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 5.04, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 125 - Mental Health Court Programs › Section 125.0025. Establishment of Regional Program

Sec. 125.0025.  ESTABLISHMENT OF REGIONAL PROGRAM.  The commissioners courts of two or more counties may elect to establish a regional mental health court program under this chapter for the participating counties.
Added by Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 25, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 125 - Mental Health Court Programs › Section 125.003. Program

Sec. 125.003.  PROGRAM.  (a)  A mental health court program established under Section 125.002:
(1)  may handle all issues arising under Articles 16.22 and 17.032, Code of Criminal Procedure, and Chapter 46B, Code of Criminal Procedure; and
(2)  must:
(A)  ensure a person eligible for the program is provided legal counsel before volunteering to proceed through the mental health court program and while participating in the program;
(B)  allow a person, if eligible for the program, to choose whether to proceed through the mental health court program or proceed through the regular criminal justice system;
(C)  allow a participant to withdraw from the mental health court program at any time before a trial on the merits has been initiated;
(D)  provide a participant with a court-ordered individualized treatment plan indicating the services that will be provided to the participant; and
(E)  ensure that the jurisdiction of the mental health court extends at least six months but does not extend beyond the probationary period for the offense charged if the probationary period is longer than six months.
Text of subsection effective until January 01, 2025
(b)  The issues shall be handled by a magistrate, as designated by Article 2.09, Code of Criminal Procedure, who is part of a mental health court program established under Section 125.002.
Text of subsection effective on January 01, 2025
(b)  The issues shall be handled by a magistrate, as designated by Article 2A.151, Code of Criminal Procedure, who is part of a mental health court program established under Section 125.002.
Added by Acts 2003, 78th Leg., ch. 1120, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1130 (H.B. 2518), Sec. 2, eff. June 18, 2005.
Transferred, redesignated and amended from Health and Safety Code, Chapter 616 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.06, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.078, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 125 - Mental Health Court Programs › Section 125.004. Participant Payment for Treatment and Services

Sec. 125.004.  PARTICIPANT PAYMENT FOR TREATMENT AND SERVICES.  A mental health court program may require a participant to pay the cost of all treatment and services received while participating in the program, based on the participant's ability to pay.
Added by Acts 2003, 78th Leg., ch. 1120, Sec. 1, eff. Sept. 1, 2003.
Transferred, redesignated and amended from Health and Safety Code, Chapter 616 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.06, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 125 - Mental Health Court Programs › Section 125.005. Program in Certain Counties Mandatory

Sec. 125.005.  PROGRAM IN CERTAIN COUNTIES MANDATORY.  (a)  The commissioners court of a county with a population of more than 200,000 shall:
(1)  establish a mental health court program under Section 125.002; and
(2)  direct the judge, magistrate, or coordinator to comply with Section 121.002(c)(1).
(b)  A county required under this section to establish a mental health court program shall apply for federal and state funds available to pay the costs of the program.  The criminal justice division of the governor's office may assist a county in applying for federal funds as required by this subsection.
(c)  Notwithstanding Subsection (a), a county is required to establish a mental health court program under this section only if:
(1)  the county receives federal or state funding specifically for that purpose in an amount sufficient to pay the fund costs of the mental health court program; and
(2)  the judge, magistrate, or coordinator receives the verification described by Section 121.002(c)(2).
(d)  A county that is required under this section to establish a mental health court program and fails to establish or to maintain that program is ineligible to receive grant funding from this state or any state agency.
Added by Acts 2019, 86th Leg., R.S., Ch. 1212 (S.B. 562), Sec. 25, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 126 - Commercially Sexually Exploited Persons Court Program › Section 126.001. Commercially Sexually Exploited Persons Court Program; Procedures for Certain Defendants

Sec. 126.001.  COMMERCIALLY SEXUALLY EXPLOITED PERSONS COURT PROGRAM; PROCEDURES FOR CERTAIN DEFENDANTS.  (a)  In this chapter, "commercially sexually exploited persons court program" means a program that has the following essential characteristics:
(1)  the integration of services in the processing of cases in the judicial system;
(2)  the use of a nonadversarial approach involving prosecutors and defense attorneys to promote public safety, to reduce the demand for the commercial sex trade and trafficking of persons by educating offenders, and to protect the due process rights of program participants;
(3)  early identification and prompt placement of eligible participants in the program;
(4)  access to information, counseling, and services relating to sex addiction, sexually transmitted diseases, mental health, and substance abuse;
(5)  a coordinated strategy to govern program responses to participant compliance;
(6)  monitoring and evaluation of program goals and effectiveness;
(7)  continuing interdisciplinary education to promote effective program planning, implementation, and operations; and
(8)  development of partnerships with public agencies and community organizations.
(b)  If a defendant successfully completes a commercially sexually exploited persons court program, regardless of whether the defendant was convicted of the offense for which the defendant entered the program or whether the court deferred further proceedings without entering an adjudication of guilt, after notice to the state and a hearing on whether the defendant is otherwise entitled to the petition, including whether the required time has elapsed, and whether issuance of the order is in the best interest of justice, the court shall enter an order of nondisclosure of criminal history record information under Subchapter E-1, Chapter 411, as if the defendant had received a discharge and dismissal under Article 42A.111, Code of Criminal Procedure, with respect to all records and files related to the defendant's arrest for the offense for which the defendant entered the program.
Transferred, redesignated and amended by Acts 2015, 84th Leg., R.S., Ch. 604 (S.B. 536), Sec. 1, eff. June 16, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.67, eff. January 1, 2017.
Transferred and redesignated by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(31), eff. September 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1279 (S.B. 1902), Sec. 30, eff. September 1, 2015.
Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 8.001, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 126 - Commercially Sexually Exploited Persons Court Program › Section 126.002. Authority to Establish Program; Eligibility

Sec. 126.002.  AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.  (a)  The commissioners court of a county or governing body of a municipality may establish a commercially sexually exploited persons court program  for defendants charged with an offense under Section 43.02(a), Penal Code.
(b)  A defendant is eligible to participate in a commercially sexually exploited persons court program established under this chapter only if the attorney representing the state consents to the defendant's participation in the program.
(c)  The court in which the criminal case is pending shall allow an eligible defendant to choose whether to participate in the commercially sexually exploited persons court program or otherwise proceed through the criminal justice system.
Transferred, redesignated and amended by Acts 2015, 84th Leg., R.S., Ch. 604 (S.B. 536), Sec. 1, eff. June 16, 2015.
Transferred and redesignated by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(31), eff. September 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1273 (S.B. 825), Sec. 6, eff. September 1, 2015.
Reenacted by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 8.002, eff. September 1, 2017.
Reenacted by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 26, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 126 - Commercially Sexually Exploited Persons Court Program › Section 126.003. Establishment of Regional Program

Sec. 126.003.  ESTABLISHMENT OF REGIONAL PROGRAM.  The commissioners courts of two or more counties, or the governing bodies of two or more municipalities, may elect to establish a regional commercially sexually exploited persons court program under this chapter for the participating counties or municipalities.
Transferred, redesignated and amended by Acts 2015, 84th Leg., R.S., Ch. 604 (S.B. 536), Sec. 1, eff. June 16, 2015.
Transferred and redesignated by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(31), eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 126 - Commercially Sexually Exploited Persons Court Program › Section 126.004. Program Powers and Duties

Sec. 126.004.  PROGRAM POWERS AND DUTIES.  (a)  A commercially sexually exploited persons court program established under this chapter must:
(1)  ensure that a person eligible for the program is provided legal counsel before volunteering to proceed through the program and while participating in the program;
(2)  allow any participant to withdraw from the program at any time before a trial on the merits has been initiated;
(3)  provide each participant with information, counseling, and services relating to sex addiction, sexually transmitted diseases, mental health, and substance abuse; and
(4)  provide each participant with instruction related to the prevention of prostitution.
(b)  To provide each program participant with information, counseling, and services described by Subsection (a)(3), a program established under this chapter may employ a person or solicit a volunteer who is:
(1)  a health care professional;
(2)  a psychologist;
(3)  a licensed social worker or counselor;
(4)  a former prostitute;
(5)  a family member of a person arrested for soliciting prostitution;
(6)  a member of a neighborhood association or community that is adversely affected by the commercial sex trade or trafficking of persons; or
(7)  an employee of a nongovernmental organization specializing in advocacy or laws related to sex trafficking or human trafficking or in providing services to victims of those offenses.
(c)  A program established under this chapter shall establish and publish local procedures to promote maximum participation of eligible defendants in programs established in the county or municipality in which the defendants reside.
(d)  A program established under this chapter shall provide each program participant with information related to the right to petition for an order of nondisclosure of criminal history record information under Section 411.0728.
Transferred, redesignated and amended by Acts 2015, 84th Leg., R.S., Ch. 604 (S.B. 536), Sec. 1, eff. June 16, 2015.
Transferred and redesignated by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(31), eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 4.03, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 529 (S.B. 1801), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 126 - Commercially Sexually Exploited Persons Court Program › Section 126.005. Documentation Regarding Insufficient Funding

Sec. 126.005.  DOCUMENTATION REGARDING INSUFFICIENT FUNDING.  A legislative committee may require a county that does not establish a commercially sexually exploited persons court program under this chapter due to a lack of sufficient funding, as provided by Section 126.007(c), to provide the committee with any documentation in the county's possession that concerns federal or state funding received by the county.
Transferred, redesignated and amended by Acts 2015, 84th Leg., R.S., Ch. 604 (S.B. 536), Sec. 1, eff. June 16, 2015.
Transferred and redesignated by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(31), eff. September 1, 2015.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(8), eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 126 - Commercially Sexually Exploited Persons Court Program › Section 126.006. Reimbursement Fees

Sec. 126.006.  REIMBURSEMENT FEES.  (a)  A commercially sexually exploited persons court program established under this chapter may collect from a participant in the program a nonrefundable reimbursement fee for the program in a reasonable amount not to exceed $1,000, from which the following must be paid:
(1)  a counseling and services reimbursement fee in an amount necessary to cover the costs of the counseling and services provided by the program; and
(2)   a law enforcement training reimbursement fee, in an amount equal to five percent of the total amount paid under Subdivision (1), to be deposited to the credit of the treasury of the county or municipality that established the program to cover costs associated with the provision of training to law enforcement personnel on domestic violence, prostitution, and the trafficking of persons.
(b)  Reimbursement fees collected under this section may be paid on a periodic basis or on a deferred payment schedule at the discretion of the judge, magistrate, or coordinator.  The fees must be based on the participant's ability to pay.
Transferred, redesignated and amended by Acts 2015, 84th Leg., R.S., Ch. 604 (S.B. 536), Sec. 1, eff. June 16, 2015.
Transferred and redesignated by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(31), eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.48, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 126 - Commercially Sexually Exploited Persons Court Program › Section 126.007. Program in Certain Counties Mandatory

Sec. 126.007.  PROGRAM IN CERTAIN COUNTIES MANDATORY.  (a)  If a municipality in the county has not established a commercially sexually exploited persons court program, the commissioners court of a county with a population of more than 200,000 shall:
(1)  establish a commercially sexually exploited persons court program under this chapter; and
(2)  direct the judge, magistrate, or coordinator to comply with Section 121.002(c)(1).
(b)  A county required under this section to establish a commercially sexually exploited persons court program shall apply for federal and state funds available to pay the costs of the program.  The criminal justice division of the governor's office may assist a county in applying for federal funds as required by this subsection.
(b-1)  A county may apply to the criminal justice division of the governor's office for a grant for the establishment or operation of a commercially sexually exploited persons court program.
(c)  Notwithstanding Subsection (a), a county is required to establish a commercially sexually exploited persons court program under this section only if:
(1)  the county receives sufficient federal or state funding specifically for that purpose; and
(2)  the judge, magistrate, or coordinator receives the verification described by Section 121.002(c)(2).
(d)  A county that does not establish a commercially sexually exploited persons court program as required by this section and maintain the program is ineligible to receive funds for a community supervision and corrections department from the state.
Transferred, redesignated and amended by Acts 2015, 84th Leg., R.S., Ch. 604 (S.B. 536), Sec. 1, eff. June 16, 2015.
Transferred and redesignated by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(31), eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 126 - Commercially Sexually Exploited Persons Court Program › Section 126.008. Suspension or Dismissal of Community Service Requirement

Sec. 126.008.  SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE REQUIREMENT.  (a)  To encourage participation in a commercially sexually exploited persons 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 work a specified number of hours at a community service project.
(b)  On a participant's successful completion of a commercially sexually exploited persons court program, a judge or magistrate may excuse the participant from any condition of community supervision previously suspended under Subsection (a).
Transferred, redesignated and amended by Acts 2015, 84th Leg., R.S., Ch. 604 (S.B. 536), Sec. 1, eff. June 16, 2015.
Transferred and redesignated by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.001(31), eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 129 - Public Safety Employees Treatment Court Program › Section 129.001. Definition

Sec. 129.001.  DEFINITION.  In this chapter, "public safety employee" means a peace officer, firefighter, detention officer, county jailer, emergency medical services employee, or emergency service dispatcher of this state or a political subdivision of this state.
Added by Acts 2017, 85th Leg., R.S., Ch. 369 (H.B. 3391), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 127 (H.B. 788), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 129 - Public Safety Employees Treatment Court Program › Section 129.002. Public Safety Employees Treatment Court Program Defined; Procedures for Certain Defendants

Sec. 129.002.  PUBLIC SAFETY EMPLOYEES TREATMENT COURT PROGRAM DEFINED; PROCEDURES FOR CERTAIN DEFENDANTS.  (a)  In this chapter, "public safety employees treatment court program" means a program that has the following essential characteristics:
(1)  the integration of services in the processing of cases in the judicial system;
(2)  the use of a nonadversarial approach involving prosecutors and defense attorneys to promote public safety and to protect the due process rights of program participants;
(3)  early identification and prompt placement of eligible participants in the program;
(4)  access to a continuum of alcohol, controlled substance, mental health, and other related treatment and rehabilitative services;
(5)  careful monitoring of treatment and services provided to program participants;
(6)  a coordinated strategy to govern program responses to participants' compliance;
(7)  ongoing judicial interaction with program participants;
(8)  monitoring and evaluation of program goals and effectiveness;
(9)  continuing interdisciplinary education to promote effective program planning, implementation, and operations;
(10)  development of partnerships with public agencies and community organizations; and
(11)  inclusion of a participant's family members who agree to be involved in the treatment and services provided to the participant under the program.
(b)  If a defendant successfully completes a public safety employees treatment court program, after notice to the attorney representing the state and a hearing in the public safety employees treatment court at which that court determines that a dismissal is in the best interest of justice, the court in which the criminal case is pending shall dismiss the case against the defendant.
Added by Acts 2017, 85th Leg., R.S., Ch. 369 (H.B. 3391), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 129 - Public Safety Employees Treatment Court Program › Section 129.003. Authority to Establish Program; Eligibility

Sec. 129.003.  AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.  (a)  The commissioners court of a county may establish a public safety employees treatment court program for persons arrested for or charged with any misdemeanor or felony offense.  A defendant is eligible to participate in a public safety employees treatment court program established under this chapter only if the attorney representing the state consents to the defendant's participation in the program and if the court in which the criminal case is pending finds that the defendant is a current or former public safety employee who:
(1)  suffers from a brain injury, mental illness, or mental disorder, including post-traumatic stress disorder, that:
(A)  occurred during or resulted from the defendant's duties as a public safety employee; and
(B)  affected the defendant's criminal conduct at issue in the case; or
(2)  is a defendant whose participation in a public safety employees treatment court program, considering the circumstances of the defendant's conduct, personal and social background, and criminal history, is likely to achieve the objective of ensuring public safety through rehabilitation of the public safety employee in the manner provided by Section 1.02(1), Penal Code.
(b)  The court in which the criminal case is pending shall allow an eligible defendant to choose whether to proceed through the public safety employees treatment court program or otherwise through the criminal justice system.
(c)  Proof of matters described by Subsection (a) may be submitted to the court in which the criminal case is pending in any form the court determines to be appropriate, including medical records or testimony or affidavits of other public safety employees.  The court's findings must accompany any docketed case.
Added by Acts 2017, 85th Leg., R.S., Ch. 369 (H.B. 3391), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 129 - Public Safety Employees Treatment Court Program › Section 129.004. Duties of Public Safety Employees Treatment Court Program

Sec. 129.004.  DUTIES OF PUBLIC SAFETY EMPLOYEES TREATMENT COURT PROGRAM.  (a)  A public safety employees treatment court program established under this chapter must:
(1)  ensure that a defendant eligible for participation in the program is provided legal counsel before volunteering to proceed through the program and while participating in the program;
(2)  allow a participant to withdraw from the program at any time before a trial on the merits has been initiated;
(3)  provide a participant with a court-ordered individualized treatment plan indicating the services that will be provided to the participant; and
(4)  ensure that the jurisdiction of the public safety employees treatment court continues for a period of not less than six months but does not continue beyond the period of community supervision for the offense charged.
(b)  A public safety employees treatment court program established under this chapter shall make, establish, and publish local procedures to ensure maximum participation of eligible defendants in the county or counties in which those defendants reside.
(c)  A public safety employees treatment court program may allow a participant to comply with the participant's court-ordered individualized treatment plan or to fulfill certain other court obligations through the use of videoconferencing software or other Internet-based communications.
(d)  This chapter does not prevent the initiation of procedures under Chapter 46B, Code of Criminal Procedure.
Added by Acts 2017, 85th Leg., R.S., Ch. 369 (H.B. 3391), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 129 - Public Safety Employees Treatment Court Program › Section 129.005. Establishment of Regional Program

Sec. 129.005.  ESTABLISHMENT OF REGIONAL PROGRAM.  (a)  The commissioners courts of two or more counties may elect to establish a regional public safety employees treatment court program under this chapter for the participating counties.
(b)  Repealed by Acts 2019, 86th Leg., Ch. 1352 (S.B. 346), Sec. 4.40(31), eff. January 1, 2020.
Added by Acts 2017, 85th Leg., R.S., Ch. 369 (H.B. 3391), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 4.40(31), eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 2 - Judicial Branch › Subtitle K - Specialty Courts › Chapter 129 - Public Safety Employees Treatment Court Program › Section 129.006. Reimbursement Fees

Sec. 129.006.  REIMBURSEMENT FEES.  (a)  A public safety employees treatment court program established under this chapter may collect from a participant in the program:
(1)  a reasonable reimbursement fee for the program not to exceed $1,000; and
(2)  a testing, counseling, and treatment reimbursement fee in an amount necessary to cover the costs of any testing, counseling, or treatment performed or provided under the program.
(b)  Reimbursement fees collected under this section may be paid on a periodic basis or on a deferred payment schedule at the discretion of the judge, magistrate, or coordinator.  The fees must be:
(1)  based on the participant's ability to pay; and
(2)  used only for purposes specific to the program.
Added by Acts 2017, 85th Leg., R.S., Ch. 369 (H.B. 3391), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.49, eff. January 1, 2020.