CODE OF CRIMINAL PROCEDURE CHAPTER 42.

JUDGMENT AND SENTENCE

Art. 42.01. [766] [853] [831] Judgment

Sec. 1. A judgment is the written declaration of the court signed by
the trial judge and entered of record showing the conviction or
acquittal of the defendant. The sentence served shall be based on
the information contained in the judgment. The judgment should
reflect:

1. The title and number of the case;

2. That the case was called and the parties appeared, naming the
attorney for the state, the defendant, and the attorney for the
defendant, or, where a defendant is not represented by counsel,
that the defendant knowingly, intelligently, and voluntarily
waived the right to representation by counsel;

3. The plea or pleas of the defendant to the offense charged;

4. Whether the case was tried before a jury or a jury was waived;

5. The submission of the evidence, if any;

6. In cases tried before a jury that the jury was charged by the
court;

7. The verdict or verdicts of the jury or the finding or findings of
the court;

8. In the event of a conviction that the defendant is adjudged
guilty of the offense as found by the verdict of the jury or the
finding of the court, and that the defendant be punished in
accordance with the jury's verdict or the court's finding as to the
proper punishment;

9. In the event of conviction where death or any punishment is
assessed that the defendant be sentenced to death, a term of
confinement or community supervision, or to pay a fine, as the case
may be;

10. In the event of conviction where the imposition of sentence is
suspended and the defendant is placed on community supervision,
setting forth the punishment assessed, the length of community
supervision, and the conditions of community supervision;

11. In the event of acquittal that the defendant be discharged;

12. The county and court in which the case was tried and, if there
was a change of venue in the case, the name of the county in which
the prosecution was originated;

13. The offense or offenses for which the defendant was convicted;

14. The date of the offense or offenses and degree of offense for
which the defendant was convicted;

15. The term of sentence;

16. The date judgment is entered;

17. The date sentence is imposed;

18. The date sentence is to commence and any credit for time served;

19. The terms of any order entered pursuant to Article 42.08 of this
code that the defendant's sentence is to run cumulatively or
concurrently with another sentence or sentences;

20. The terms of any plea bargain;

21. Affirmative findings entered pursuant to Subdivision (2) of
Subsection (a) of Section 3g of Article 42.12 of this code;

22. The terms of any fee payment ordered under Articles 37.072 and
42.151 of this code;

23. The defendant's thumbprint taken in accordance with Article
38.33 of this code;

24. In the event that the judge orders the defendant to repay a
reward or part of a reward under Articles 37.073 and 42.152 of this
code, a statement of the amount of the payment or payments required
to be made;

25. In the event that the court orders restitution to be paid to the
victim, a statement of the amount of restitution ordered and:

(A) the name of the victim and the permanent mailing address of the
victim at the time of the judgment; or

(B) if the court determines that the inclusion of the victim's name
and address in the judgment is not in the best interest of the
victim, the name and address of a person or agency that will accept
and forward restitution payments to the victim;

26. In the event that a presentence investigation is required by
Section 9(a), (b), (h), or (i), Article 42.12 of this code, a
statement that the presentence investigation was done according to
the applicable provision; and

27. In the event of conviction of an offense for which registration
as a sex offender is required under Chapter 62, a statement that the
registration requirement of that chapter applies to the defendant
and a statement of the age of the victim of the offense.

Sec. 2. The judge may order the prosecuting attorney, or the
attorney or attorneys representing any defendant, or the court
clerk under the supervision of an attorney, to prepare the
judgment, or the court may prepare the same.

Sec. 3. The provisions of this article shall apply to both felony
and misdemeanor cases.

Sec. 4. The Office of Court Administration of the Texas Judicial
System shall promulgate a standardized felony judgment form that
conforms to the requirements of Section 1 of this article.

Sec. 5. In addition to the information described by Section 1 of
this article, the judgment should reflect affirmative findings
entered pursuant to Article 42.013 of this code.

Sec. 6. In addition to the information described by Section 1 of
this article, the judgment should reflect affirmative findings
entered pursuant to Article 42.014 of this code.

Sec. 7. In addition to the information described by Section 1, the
judgment should reflect affirmative findings entered pursuant to
Article 42.015.

Sec. 8. In addition to the information described by Section 1, the
judgment should reflect affirmative findings entered pursuant to
Article 42.017.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1975,
64th Leg., p. 245, ch. 95, Sec. 1, eff. Sept. 1, 1975.

Amended by Acts 1981, 67th Leg., p. 809, ch. 291, Sec. 111, eff.
Sept. 1, 1981. Sec. 1 amended by Acts 1985, 69th Leg., ch. 344, Sec.
1, eff. Jan. 1, 1986; Sec. 4 added by Acts 1985, 69th Leg., ch. 344,
Sec. 2, eff. June 10, 1985; Sec. 1 amended by Acts 1987, 70th Leg.,
ch. 110, Sec. 2, eff. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 360,
Sec. 2, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 603, Sec. 2,
eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 611, Sec. 2, eff.
Sept. 1, 1989; Acts 1989, 71st Leg., ch. 806, Sec. 1, eff. Sept. 1,
1989; Sec. 1 amended by Acts 1991, 72nd Leg., ch. 16, Sec. 4.04,
eff. Aug. 26, 1991; Sec. 1 amended by Acts 1991, 72nd Leg., 2nd
C.S., ch. 10, Sec. 7.02, eff. Dec. 1, 1991. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993. Sec. 5 added by
Acts 1993, 73rd Leg., ch. 900, Sec. 9.02, eff. Sept. 1, 1993; Sec. 6
added by Acts 1993, 73rd Leg., ch. 987, Sec. 4, eff. Sept. 1, 1993;
Sec. 1 amended by Acts 1995, 74th Leg., ch. 258, Sec. 9, eff. Sept.
1, 1995; Sec. 1 amended by Acts 1997, 75th Leg., ch. 668, Sec. 2,
eff. Sept. 1, 1997; Sec. 2 amended by Acts 1999, 76th Leg., ch. 580,
Sec. 6, eff. Sept. 1, 1999; Sec. 7 added by Acts 1999, 76th Leg.,
ch. 1193, Sec. 1, eff. Sept. 1, 1999; Sec. 7 added by Acts 1999,
76th Leg., ch. 1415, Sec. 2, eff. Sept. 1, 1999; Sec. 8 added by
Acts 2001, 77th Leg., ch. 1159, Sec. 1, eff. Sept. 1, 2001.

 

Art. 42.011. Judgment affecting an officer or jailer

If a person licensed under Chapter 415, Government Code, is charged
with the commission of a felony and a court that knows the person is
licensed under that chapter convicts the person or places the
person on community supervision, the clerk of the court shall send
the Commission on Law Enforcement Officer Standards and Education,
by mail or electronically, the license number of the person and a
certified copy of the court's judgment reflecting that the person
has been convicted or placed on community supervision.

Added by Acts 1995, 74th Leg., ch. 538, Sec. 10, eff. Sept. 1, 1995.

 

Art. 42.012. Finding That Controlled Substance Used to Commit
Offense

In the punishment phase of the trial of an offense under Chapter 29,
Chapter 31, or Title 5, Penal Code, if the court determines beyond a
reasonable doubt that the defendant administered or provided a
controlled substance to the victim of the offense with the intent of
facilitating the commission of the offense, the court shall make an
affirmative finding of that fact and enter the affirmative finding
in the judgment of that case.

Added by Acts 1999, 76th Leg., ch. 417, Sec. 2(b), eff. Sept. 1,
1999. Renumbered from Vernon's Ann. C.C.P. art. 42.015 by Acts
2001, 77th Leg., ch. 1420, Sec. 21.001(9), eff. Sept. 1, 2001.

 

Art. 42.013. Finding of family violence

Finding of family violence

 

 

Art. 42.013. In the trial of an offense under Title 5, Penal Code,
if the court determines that the offense involved family violence,
as defined by Section 71.004, Family Code, the court shall make an
affirmative finding of that fact and enter the affirmative finding
in the judgment of the case.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 9.01, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(h),
eff. Sept. 1, 2003.

 

Art. 42.014. Finding That Offense Was Committed Because of Bias or
Prejudice

(a) In the trial of an offense under Title 5, Penal Code, or Section
28.02, 28.03, or 28.08, Penal Code, the judge shall make an
affirmative finding of fact and enter the affirmative finding in
the judgment of the case if at the guilt or innocence phase of the
trial, the judge or the jury, whichever is the trier of fact,
determines beyond a reasonable doubt that the defendant
intentionally selected the person against whom the offense was
committed or intentionally selected property damaged or affected as
a result of the offense because of the defendant's bias or prejudice
against a group identified by race, color, disability, religion,
national origin or ancestry, age, gender, or sexual preference.

(b) The sentencing judge may, as a condition of punishment, require
attendance in an educational program to further tolerance and
acceptance of others.

(c) In this article, "sexual preference" has the following meaning
only: a preference for heterosexuality, homosexuality, or
bisexuality.

Added by Acts 1993, 73rd Leg., ch. 987, Sec. 5, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 318, Sec. 50, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 85, Sec. 1.02, eff. Sept. 1, 2001.

 

Art. 42.015. Finding of Age of Victim

In the trial of an offense under Section 20.02, 20.03, or 20.04,
Penal Code, or an attempt, conspiracy, or solicitation to commit
one of those offenses, the judge shall make an affirmative finding
of fact and enter the affirmative finding in the judgment in the
case if the judge determines that the victim or intended victim was
younger than 17 years of age at the time of the offense.

Added by Acts 1999, 76th Leg., ch. 1193, Sec. 2, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1415, Sec. 3, eff. Sept. 1, 1999.

 

Art. 42.016. Special Driver's License or Identification
Requirements for Certain Sex Offenders

If a person is convicted of, receives a grant of deferred
adjudication for, or is adjudicated as having engaged in delinquent
conduct based on a violation of an offense for which a conviction or
adjudication requires registration as a sex offender under Chapter
62, as added by Chapter 668, Acts of the 75th Legislature, Regular
Session, 1997, the court shall:

(1) issue an order requiring the Texas Department of Public Safety
to include in any driver's license record or personal
identification certificate record maintained by the department for
the person an indication that the person is subject to the
registration requirements of Chapter 62, as added by Chapter 668,
Acts of the 75th Legislature, Regular Session, 1997;

(2) require the person to apply to the Texas Department of Public
Safety in person for an original or renewal driver's license or
personal identification certificate not later than the 30th day
after the date the person is released or the date the department
sends written notice to the person of the requirements of Article
62.065, as applicable, and to annually renew the license or
certificate;

(3) notify the person of the consequence of the conviction or order
of deferred adjudication as it relates to the order issued under
this article; and

(4) send to the Texas Department of Public Safety a copy of the
record of conviction, a copy of the order granting deferred
adjudication, or a copy of the juvenile adjudication, as
applicable, and a copy of the order issued under this article.

Added by Acts 1999, 76th Leg., ch. 1401, Sec. 1, eff. Sept. 1, 2000.

 

Art. 42.017. Finding Regarding Age-Based Offense

In the trial of an offense under Section 21.11, 22.011, 22.021, or
43.25, Penal Code, the judge shall make an affirmative finding of
fact and enter the affirmative finding in the judgment in the case
if the judge determines that:

(1) at the time of the offense, the defendant was younger than 19
years of age and the victim was at least 13 years of age; and

(2) the conviction is based solely on the ages of the defendant and
the victim or intended victim at the time of the offense.

Added by Acts 2001, 77th Leg., ch. 1159, Sec. 2, eff. Sept. 1, 2001.

 

Art. 42.018. Notice Provided by Clerk of Court

(a) This article applies only:

(1) to conviction or deferred adjudication granted on the basis of:

(A) an offense under Title 5, Penal Code; or

(B) an offense on conviction of which a defendant is required to
register as a sex offender under Chapter 62; and

(2) if the victim of the offense is under 18 years of age.

(b) Not later than the fifth day after the date a person who holds a
certificate issued under Subchapter B, Chapter 21, Education Code,
is convicted or granted deferred adjudication on the basis of an
offense, the clerk of the court in which the conviction or deferred
adjudication is entered shall provide to the State Board for
Educator Certification written notice of the person's conviction or
deferred adjudication, including the offense on which the
conviction or deferred adjudication was based.

Added by Acts 2003, 78th Leg., ch. 920, Sec. 2, eff. June 20, 2003.

 

Art. 42.019. Motor Fuel Theft

(a) A judge shall enter an affirmative finding in the judgment in a
case if the judge or jury, whichever is the finder of fact,
determines beyond a reasonable doubt in the guilt or innocence
phase of the trial of an offense under Section 31.03, Penal Code,
that the defendant, in committing the offense:

(1) dispensed motor fuel into the fuel tank of a motor vehicle on
the premises of an establishment at which motor fuel is offered for
retail sale; and

(2) after dispensing the motor fuel, left the premises of the
establishment without paying the establishment for the motor fuel.

(b) If a judge enters an affirmative finding as required by
Subsection (a) and determines that the defendant has previously
been convicted of an offense the judgment for which contains an
affirmative finding under Subsection (a), the judge shall enter a
special affirmative finding in the judgment in the case.

Added by Acts 2001, 77th Leg., ch. 359, Sec. 1, eff. Sept. 1, 2001.

 

Art. 42.02. [767] [854] [832] Sentence

The sentence is that part of the judgment, or order revoking a
suspension of the imposition of a sentence, that orders that the
punishment be carried into execution in the manner prescribed by
law.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 809, ch. 291, Sec. 112, eff.
Sept. 1, 1981; Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept.
1, 1993.

 

Art. 42.023. Judge may consider alternative sentencing

Before pronouncing sentence on a defendant convicted of a criminal
offense, the judge may consider whether the defendant should be
committed for care and treatment under Section 462.081, Health and
Safety Code.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1,
1993.

 

Art. 42.03. [768] [855] [833] Pronouncing sentence; time; credit
for time spent in jail between arrest and sentence or pending appeal

Sec. 1. (a) Except as provided in Article 42.14, sentence shall be
pronounced in the defendant's presence.

(b) The court shall permit a victim, close relative of a deceased
victim, or guardian of a victim, as defined by Article 56.01 of this
code, to appear in person to present to the court and to the
defendant a statement of the person's views about the offense, the
defendant, and the effect of the offense on the victim. The victim,
relative, or guardian may not direct questions to the defendant
while making the statement. The court reporter may not transcribe
the statement. The statement must be made:

(1) after punishment has been assessed and the court has determined
whether or not to grant community supervision in the case;

(2) after the court has announced the terms and conditions of the
sentence; and

(3) after sentence is pronounced.

Sec. 2. (a) In all criminal cases the judge of the court in which the
defendant was convicted shall give the defendant credit on his
sentence for the time that the defendant has spent in jail in said
cause, other than confinement served as a condition of community
supervision, from the time of his arrest and confinement until his
sentence by the trial court.

(b) In all revocations of a suspension of the imposition of a
sentence the judge shall enter the restitution or reparation due
and owing on the date of the revocation.

Sec. 3. If a defendant appeals his conviction, is not released on
bail, and is retained in a jail as provided in Section 7, Article
42.09, pending his appeal, the judge of the court in which the
defendant was convicted shall give the defendant credit on his
sentence for the time that the defendant has spent in jail pending
disposition of his appeal. The court shall endorse on both the
commitment and the mandate from the appellate court all credit
given the defendant under this section, and the institutional
division of the Texas Department of Criminal Justice shall grant
the credit in computing the defendant's eligibility for parole and
discharge.

Sec. 4. When a defendant who has been sentenced to imprisonment in
the institutional division of the Texas Department of Criminal
Justice has spent time in jail pending trial and sentence or pending
appeal, the judge of the sentencing court shall direct the sheriff
to attach to the commitment papers a statement assessing the
defendant's conduct while in jail.

Secs. 5 and 6. Repealed by Acts 1989, 71st Leg., ch. 785, Sec. 4.24,
eff. Sept. 1, 1989.

Secs. 7 to 8. Deleted by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03,
eff. Sept. 1, 1993.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1743, ch. 659, Sec. 28, eff. Aug. 28, 1967; Acts 1973,
63rd Leg., p. 205, ch. 91, Sec. 1, eff. Aug. 27, 1973; Acts 1977,
65th Leg., p. 1036, ch. 382, Sec. 1, eff. Aug. 29, 1977; Acts 1977,
65th Leg., p. 2076, ch. 827, Sec. 1, eff. Aug. 29, 1977.

Sec. 1 amended by Acts 1981, 67th Leg., p. 809, ch. 291, Sec. 113,
eff. Sept. 1, 1981; Sec. 2 amended by Acts 1981, 67th Leg., p. 353,
ch. 141, Sec. 1, eff. Sept. 1, 1981; Sec. 5 amended by Acts 1981,
67th Leg., p. 2418, ch. 616, Sec. 1, eff. Aug. 31, 1981; Sec. 5(a)
amended by Acts 1983, 68th Leg., p. 4666, ch. 809, Sec. 1, eff. Aug.
29, 1983; Sec. 6 added by Acts 1983, 68th Leg., p. 3792, ch. 586,
Sec. 4, eff. Aug. 29, 1983; Sec. 5(b), (d) amended by Acts 1985,
69th Leg., ch. 232, Sec. 13, eff. Sept. 1, 1985; Sec. 4 amended by
Acts 1989, 71st Leg., ch. 785, Sec. 4.06, eff. June 15, 1989; Sec. 7
added by Acts 1989, 71st Leg., ch. 848, Sec. 1, eff. June 14, 1989;
Acts 1989, 71st Leg., ch. 1040, Sec. 1, eff. Aug. 28, 1989; Sec. 8
added by Acts 1989, 71st Leg., ch. 1040, Sec. 2, eff. Aug. 28, 1989;
Sec. 1 amended by Acts 1991, 72nd Leg., ch. 278, Sec. 1, eff. June 5,
1991; Sec. 2(a) amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10,
Sec. 14.01, eff. Oct. 1, 1991; Sec. 7(a), (b), (d) amended by Acts
1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.02, eff. Oct. 1, 1991;
Sec. 7A amended by Acts 1991, 72nd Leg., ch. 16, Sec. 4.05, eff.
Aug. 26, 1991; Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 14.03,
eff. Oct. 1, 1991; Sec. 8(a) amended by Acts 1991, 72nd Leg., 2nd
C.S., ch. 10, Sec. 14.04, eff. Oct. 1, 1991; Sec. 8(f) added by Acts
1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 8.02, eff. Dec. 1, 1991;
Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 15.03, eff. Oct. 1,
1991; Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff.
Sept. 1, 1993; Sec. 1(b) amended by Acts 1995, 74th Leg., ch. 556,
Sec. 1, eff. Sept. 1, 1995; Sec. 8(g) repealed by Acts 2003, 78th
Leg., ch. 406, Sec. 2, eff. Sept. 1, 2003.

 

Art. 42.031. Work release program

Sec. 1. (a) The sheriff of each county may attempt to secure
employment for each defendant sentenced to the county jail work
release program under Article 42.034 of this code and each
defendant confined in the county jail awaiting transfer to the
institutional division of the Texas Department of Criminal Justice.

(b) The employer of a defendant participating in a program under
this article shall pay the defendant's salary to the sheriff. The
sheriff shall deposit the salary into a special fund to be given to
the defendant on his release after deducting:

(1) the cost to the county for the defendant's confinement during
the pay period based on the average daily cost of confining
defendants in the county jail, as determined by the commissioners
court of the county;

(2) support of the defendant's dependents; and

(3) restitution to the victims of an offense committed by the
defendant.

(c) At the time of sentencing or at a later date, the court
sentencing a defendant may direct the sheriff not to deduct the cost
described under Subdivision (1) of Subsection (b) of this section
or to deduct only a specified portion of the cost if the court
determines that the full deduction would cause a significant
financial hardship to the defendant's dependents.

(d) If the sheriff does not find employment for a defendant who
would otherwise be sentenced to imprisonment in the institutional
division, the sheriff shall:

(1) transfer the defendant to the sheriff of a county who agrees to
accept the defendant as a participant in the county jail work
release program; or

(2) retain the defendant in the county jail for employment as soon
as possible in a jail work release program.

Sec. 2. A defendant participating in a program under this article
shall be confined in the county jail or in another facility
designated by the sheriff at all times except for:

(1) time spent at work and traveling to or from work; and

(2) time spent attending or traveling to or from an education or
rehabilitation program approved by the sheriff.

Sec. 3. (a) The sheriff of each county shall classify each felon
serving a sentence in the county jail work release program for the
purpose of awarding good conduct time credit in the same manner as
inmates of the institutional division of the Texas Department of
Criminal Justice are classified under Chapter 498, Government Code,
and shall award good conduct time in the same manner as the director
of the department does in that chapter.

(b) If the sheriff determines that the defendant is conducting
himself in a manner that is dangerous to inmates in the county jail
or to society as a whole, the sheriff may remove the defendant from
participation in the program pending a hearing before the
sentencing court. At the hearing, if the court determines that the
sheriff's assessment of the defendant's conduct is correct, the
court may terminate the defendant's participation in the program
and order the defendant to the term of imprisonment that the
defendant would have received had he not entered the program. If
the court determines that the sheriff's assessment is incorrect,
the court shall order the sheriff to readmit the defendant to the
program. A defendant shall receive as credit toward his sentence
any time served as a participant in the program.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 5.03(a), eff. Aug. 28,
1989. Sec. 1 amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec.
14.10, eff. Oct. 1, 1991; Sec. 3 amended by Acts 1991, 72nd Leg.,
2nd C.S., ch. 10, Sec. 14.11, eff. Oct. 1, 1991. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993.

 

 

Art. 42.032. Good conduct

Sec. 1. To encourage county jail discipline, a distinction may be
made to give orderly, industrious, and obedient defendants the
comforts and privileges they deserve. The reward for good conduct
may consist of a relaxation of strict county jail rules and
extension of social privileges consistent with proper discipline.

Sec. 2. The sheriff in charge of each county jail may grant
commutation of time for good conduct, industry, and obedience. A
deduction not to exceed one day for each day of the original
sentence actually served may be made for the term or terms of
sentences if a charge of misconduct has not been sustained against
the defendant.

Sec. 3. This article applies whether or not the judgment of
conviction is a fine or jail sentence or both, but the deduction in
time may not exceed one-third of the original sentence as to fines
and court costs assessed in the judgment of conviction.

Sec. 4. A defendant serving two or more cumulative sentences shall
be allowed commutation as if the sentences were one sentence.

Sec. 5. Any part or all of the commutation accrued under this
article may be forfeited and taken away by the sheriff:

(1) for a sustained charge of misconduct in violation of any rule
known to the defendant, including escape or attempt to escape, if
the sheriff has complied with discipline proceedings as approved by
the Commission on Jail Standards; or

(2) on receipt by the sheriff of a certified copy of a final order of
a state or federal court that dismisses as frivolous or malicious a
lawsuit brought by a defendant while the defendant was in the
custody of the sheriff.

Sec. 6. Except for credit earned by a defendant under Article 43.10,
no other time allowance or credits in addition to the commutation of
time under this article may be deducted from the term or terms of
sentences.

Sec. 7. The sheriff shall keep a conduct record in card or ledger
form and a calendar card on each defendant showing all forfeitures
of commutation time and the reasons for the forfeitures.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 5.04(a), eff. Aug. 28,
1989. Amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec.
14.05, eff. Oct. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 5.03,
eff. Sept. 1, 1993; Sec. 5 amended by Acts 1999, 76th Leg., ch. 655,
Sec. 2(a), eff. June 18, 1999.

 

Art. 42.033. Sentence to serve time during off-work hours

(a) Where jail time has been awarded to a person sentenced for a
misdemeanor or sentenced to confinement in the county jail for a
felony or when a defendant is serving a period of confinement as a
condition of community supervision, the trial judge, at the time of
the pronouncement of sentence or at any time while the defendant is
serving the sentence or period of confinement, when in the judge's
discretion the ends of justice would best be served, may permit the
defendant to serve the defendant's sentence or period of
confinement intermittently during his off-work hours or on
weekends. The judge may require bail of the defendant to ensure the
faithful performance of the sentence or period of confinement. The
judge may attach conditions regarding the employment, travel, and
other conduct of the defendant during the performance of such a
sentence or period of confinement.

(b) The court may impose as a condition to permitting a defendant to
serve the jail time assessed or period of confinement
intermittently an additional requirement that the defendant make
any of the following payments to the court, agencies, or persons, or
that the defendant execute a letter and direct it to the defendant's
employer directing the employer to deduct from the defendant's
salary an amount directed by the court, which is to be sent by the
employer to the clerk of the court. The money received by the court
under this section may be used to pay the following expenses as
directed by the court:

(1) the support of the defendant's dependents, if necessary;

(2) the defendant's documented personal, business, and travel
expenses;

(3) reimbursement of the general fund of the county for the
maintenance of the defendant in jail; and

(4) installment payments on restitution, fines, and court costs
ordered by the court.

(c) The condition imposed under Subsection (b) of this article is
not binding on an employer, except that income withheld for child
support is governed by Chapter 158, Family Code.

(d) The court may permit the defendant to serve the defendant's
sentence or period of confinement intermittently in order for the
defendant to continue employment if the court imposes confinement
for failure to pay a fine or court costs, as punishment for criminal
nonsupport under Section 25.05, Penal Code, or for contempt of a
court order for periodic payments for the support of a child.

(e) The court may permit the defendant to seek employment or obtain
medical, psychological, or substance abuse treatment or counseling
or obtain training or needed education under the same terms and
conditions that apply to employment under this article.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.07, eff. Sept. 1,
1989. Subsecs. (a), (b), (d) amended by Acts 1991, 72nd Leg., 2nd
C.S., ch. 10, Sec. 14.06, eff. Oct. 1, 1991. Amended by Acts 1993,
73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993. Subsec. (c)
amended by Acts 1997, 75th Leg., ch. 165, Sec. 7.03, eff. Sept. 1,
1997.

 

Art. 42.034. County jail work release program

(a) If jail time has been awarded to a person sentenced for a
misdemeanor or sentenced to confinement in the county jail for a
felony, the trial judge at the time of pronouncement of sentence or
at any time while the defendant is serving the sentence, when in the
judge's discretion the ends of justice would best be served, may
require the defendant to serve an alternate term for the same period
of time in the county jail work release program of the county in
which the offense occurred, if the person is classified by the
sheriff as a low-risk offender under the classification system
developed by the Commission on Jail Standards under Section
511.009, Government Code.

(b) The sheriff shall provide a classification report for a
defendant to a judge as necessary so that the judge can determine
whether to require the defendant to participate in the work release
program under this article.

(c) A defendant sentenced under this article who would otherwise be
sentenced to confinement in jail may earn good conduct credit in the
same manner as provided by Article 42.032 of this code, but only
while actually confined.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.08, eff. Sept. 1,
1989. Subsecs. (a), (b) amended by Acts 1991, 72nd Leg., 2nd C.S.,
ch. 10, Sec. 14.07, eff. Oct. 1, 1991. Amended by Acts 1993, 73rd
Leg., ch. 900, Sec. 5.03, eff. Sept. 1, 1993; Acts 1995, 74th Leg.,
ch. 722, Sec. 1, eff. Sept. 1, 1995.

 

Art. 42.035. Electronic monitoring; house arrest

(a) A court in a county served by a community supervision and
corrections department that has an electronic monitoring program
approved by the community justice assistance division of the Texas
Department of Criminal Justice may require a defendant to serve all
or part of a sentence of confinement in county jail by submitting to
electronic monitoring rather than being confined in the county
jail.

(b) A judge, at the time of the pronouncement of a sentence of
confinement or at any time while the defendant is serving the
sentence, on the judge's own motion or on the written motion of the
defendant, may permit the defendant to serve the sentence under
house arrest, including electronic monitoring and any other
conditions the court chooses to impose, during the person's
off-work hours. The judge may require bail of the defendant to
ensure the faithful performance of the sentence.

(c) The court may require the defendant to pay to the community
supervision and corrections department or the county any reasonable
cost incurred because of the defendant's participation in the house
arrest program, including the cost of electronic monitoring.

(d) A defendant who submits to electronic monitoring or
participates in the house arrest program under this section
discharges a sentence of confinement without deductions, good
conduct time credits, or commutations.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.09, eff. Sept. 1,
1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff.
Sept. 1, 1993.

 

Art. 42.036. Community service

(a) A court may require a defendant, other than a defendant
convicted of an offense under Sections 49.04-49.08, Penal Code, to
serve all or part of a sentence of confinement or period of
confinement required as a condition of community supervision in
county jail by performing community service rather than by being
confined in county jail unless the sentence of confinement was
imposed by the jury in the case.

(b) In its order requiring a defendant to participate in community
service work, the court must specify:

(1) the number of hours the defendant is required to work; and

(2) the entity or organization for which the defendant is required
to work.

(c) The court may order the defendant to perform community service
work under this article only for a governmental entity or a
nonprofit organization that provides services to the general public
that enhance social welfare and the general well-being of the
community. A governmental entity or nonprofit organization that
accepts a defendant under this section to perform community service
must agree to supervise the defendant in the performance of the
defendant's work and report on the defendant's work to the community
supervision and corrections department or court-related services
office.

(d) The court may require bail of a defendant to ensure the
defendant's faithful performance of community service and may
attach conditions to the bail as it determines are proper.

(e) A court may not order a defendant who is employed to perform
more than 16 hours per week of community service under this article
unless the court determines that requiring the defendant to work
additional hours does not work a hardship on the defendant or the
defendant's dependents. A court may not order a defendant who is
unemployed to perform more than 32 hours per week of community
service under this article, but may direct the defendant to use the
remaining hours of the week to seek employment.

(f) A defendant is considered to have served one day in jail for
each eight hours of community service performed under this article.

(g) Deleted by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept.
1, 1993.

(h) Repealed by Acts 1995, 74th Leg., ch. 76, Sec. 3.14, eff. Sept.
1, 1995.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 4.10, eff. Sept. 1,
1989. Subsec. (f) amended by Acts 1990, 71st Leg., 6th C.S., ch.
25, Sec. 27, eff. June 18, 1990; Subsec. (a) amended by Acts 1991,
72nd Leg., 2nd C.S., ch. 10, Sec. 14.08, eff. Oct. 1, 1991; Subsec.
(h) added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 15.01,
eff. Oct. 1, 1991; Subsec. (h) amended by Acts 1993, 73rd Leg., ch.
201, Sec. 2, eff. Aug. 30, 1993. Amended by Acts 1993, 73rd Leg.,
ch. 900, Sec. 5.03, eff. Sept. 1, 1993; Subsec. (h) repealed by
Acts 1995, 74th Leg., ch. 76, Sec. 3.14, eff. Sept. 1, 1995.

 

Art. 42.037. Restitution

(a) In addition to any fine authorized by law, the court that
sentences a defendant convicted of an offense may order the
defendant to make restitution to any victim of the offense. If the
court does not order restitution or orders partial restitution
under this subsection, the court shall state on the record the
reasons for not making the order or for the limited order.

(b)(1) If the offense results in damage to or loss or destruction of
property of a victim of the offense, the court may order the
defendant:

(A) to return the property to the owner of the property or someone
designated by the owner; or

(B) if return of the property is impossible or impractical or is an
inadequate remedy, to pay an amount equal to the greater of:

(i) the value of the property on the date of the damage, loss, or
destruction; or

(ii) the value of the property on the date of sentencing, less the
value of any part of the property that is returned on the date the
property is returned.

(2) If the offense results in bodily injury to a victim, the court
may order the defendant to do any one or more of the following:

(A) pay an amount equal to the cost of necessary medical and related
professional services and devices relating to physical,
psychiatric, and psychological care, including nonmedical care and
treatment rendered in accordance with a method of healing
recognized by the law of the place of treatment;

(B) pay an amount equal to the cost of necessary physical and
occupational therapy and rehabilitation; or

(C) reimburse the victim for income lost by the victim as a result
of the offense.

(3) If the offense results in the death of a victim, the court may,
in addition to an order under Subdivision (2) of this subsection,
order the defendant to pay an amount equal to the cost of necessary
funeral and related services.

(4) If the victim or the victim's estate consents, the court may, in
addition to an order under Subdivision (2) of this subsection,
order the defendant to make restitution by performing services
instead of by paying money or make restitution to a person or
organization designated by the victim or the estate.

(c) The court, in determining whether to order restitution and the
amount of restitution, shall consider:

(1) the amount of the loss sustained by any victim as a result of the
offense;

(2) the financial resources of the defendant;

(3) the financial needs and earning ability of the defendant and the
defendant's dependents; and

(4) other factors the court deems appropriate.

(d) If the court orders restitution under this article and the
victim is deceased the court shall order the defendant to make
restitution to the victim's estate.

(e) The court shall impose an order of restitution that is as fair
as possible to the victim. The imposition of the order may not
unduly complicate or prolong the sentencing process.

(f)(1) The court may not order restitution for a loss for which the
victim has received or will receive compensation. The court may, in
the interest of justice, order restitution to any person who has
compensated the victim for the loss to the extent the person paid
compensation. An order of restitution shall require that all
restitution to a victim be made before any restitution to any other
person is made under the order.

(2) Any amount recovered by a victim from a person ordered to pay
restitution in a federal or state civil proceeding is reduced by any
amount previously paid to the victim by the person under an order of
restitution.

(g)(1) The court may require a defendant to make restitution under
this article within a specified period or in specified
installments.

(2) The end of the period or the last installment may not be later
than:

(A) the end of the period of probation, if probation is ordered;

(B) five years after the end of the term of imprisonment imposed, if
the court does not order probation; or

(C) five years after the date of sentencing in any other case.

(3) If the court does not provide otherwise, the defendant shall
make restitution immediately.

(4) Except as provided by Subsection (n), the order of restitution
must require the defendant to make restitution directly to the
victim or other person eligible for restitution under this article
or to deliver the amount or property due as restitution to a
community supervision and corrections department for transfer to
the victim or person.

(h) If a defendant is placed on community supervision or is paroled
or released on mandatory supervision, the court or the parole panel
shall order the payment of restitution ordered under this article
as a condition of community supervision, parole, or mandatory
supervision. The court may revoke community supervision and the
parole panel may revoke parole or mandatory supervision if the
defendant fails to comply with the order. In determining whether to
revoke community supervision, parole, or mandatory supervision,
the court or parole panel shall consider:

(1) the defendant's employment status;

(2) the defendant's earning ability;

(3) the defendant's financial resources;

(4) the willfulness of the defendant's failure to pay; and

(5) any other special circumstances that may affect the defendant's
ability to pay.

(i) In addition to any other terms and conditions of probation
imposed under Article 42.12 of this code, the court may require a
probationer to reimburse the crime victims compensation fund
created under Subchapter B, Chapter 56 for any amounts paid from
that fund to a victim of the probationer's offense. In this
subsection, "victim" has the meaning assigned by Article 56.01 of
this code.

(j) The court may order a community supervision and corrections
department to obtain information pertaining to the factors listed
in Subsection (c) of this article. The probation officer shall
include the information in the report required under Section 9(a),
Article 42.12, of this code or a separate report, as the court
directs. The court shall permit the defendant and the prosecuting
attorney to read the report.

(k) The court shall resolve any dispute relating to the proper
amount or type of restitution. The standard of proof is a
preponderance of the evidence. The burden of demonstrating the
amount of the loss sustained by a victim as a result of the offense
is on the prosecuting attorney. The burden of demonstrating the
financial resources of the defendant and the financial needs of the
defendant and the defendant's dependents is on the defendant. The
burden of demonstrating other matters as the court deems
appropriate is on the party designated by the court as justice
requires.

(l) Conviction of a defendant for an offense involving the act
giving rise to restitution under this article estops the defendant
from denying the essential allegations of that offense in any
subsequent federal civil proceeding or state civil proceeding
brought by the victim, to the extent consistent with state law.

(m) An order of restitution may be enforced by the state or a victim
named in the order to receive the restitution in the same manner as
a judgment in a civil action.

(n) If a defendant is convicted of or receives deferred
adjudication for an offense under Section 25.05, Penal Code, if the
child support order on which prosecution of the offense was based
required the defendant to pay the support to a local registry or the
Title IV-D agency, and if the court orders restitution under this
article, the order of restitution must require the defendant to pay
the child support in the following manner:

(1) during any period in which the defendant is under the
supervision of a community supervision and corrections department,
to the department for transfer to the local registry or Title IV-D
agency designated as the place of payment in the child support
order; and

(2) during any period in which the defendant is not under the
supervision of a department, directly to the registry or agency
described by Subdivision (1).

(o) The pardons and paroles division may waive a supervision fee or
an administrative fee imposed on an inmate under Section 508.182,
Government Code, during any period in which the inmate is required
to pay restitution under this article.

Added by Acts 1993, 73rd Leg., ch. 806, Sec. 1, eff. Sept. 1, 1993.
Subsec. (a) amended by Acts 1995, 74th Leg., ch. 318, Sec. 51, eff.
Sept. 1, 1995; Subsec. (i) amended by Acts 1995, 74th Leg., ch. 76,
Sec. 5.95(111), eff. Sept. 1, 1995; Subsec. (g)(4) amended by Acts
1999, 76th Leg., ch. 40, Sec. 2, eff. Sept. 1, 1999; Subsec. (n)
added by Acts 1999, 76th Leg., ch. 40, Sec. 3, eff. Sept. 1, 1999;
Subsec. (h) amended by Acts 2001, 77th Leg., ch. 856, Sec. 10, eff.
Sept. 1, 2001; Subsec. (o) added by Acts 2001, 77th Leg., ch. 1034,
Sec. 2, eff. Sept. 1, 2001.

 

Art. 42.0371. Mandatory Restitution for Kidnapped or Abducted
Children

(a) The court shall order a defendant convicted of an offense under
Chapter 20, Penal Code, or Section 25.03, 25.031, or 25.04, Penal
Code, to pay restitution in an amount equal to the cost of necessary
rehabilitation, including medical, psychiatric, and psychological
care and treatment, for the victim of the offense if the victim is
younger than 17 years of age.

(b) The court shall, after considering the financial circumstances
of the defendant, specify in a restitution order issued under
Subsection (a) the manner in which the defendant must pay the
restitution.

(c) A restitution order issued under Subsection (a) may be enforced
by the state or a victim named in the order to receive the
restitution in the same manner as a judgment in a civil action.

(d) The court may hold a hearing, make findings of fact, and amend a
restitution order issued under Subsection (a) if the defendant
fails to pay the victim named in the order in the manner specified
by the court.

Added by Acts 1999, 76th Leg., ch. 657, Sec. 1, eff. Sept. 1, 1999.

 

Art. 42.038. Reimbursement for Confinement Expenses

(a) In addition to any fine, cost, or fee authorized by law, a court
that sentences a defendant convicted of a misdemeanor to serve a
term of confinement in county jail and orders execution of the
sentence may require the defendant to reimburse the county for the
defendant's confinement at a rate of $25 a day.

(b) A court that requires a defendant convicted of a misdemeanor or
placed on deferred adjudication for a misdemeanor to submit to a
period of confinement in county jail as a condition of community
supervision may also require as a condition of community
supervision that the defendant reimburse the county for the
defendant's confinement, with the amount of reimbursement
determined as if the defendant were serving an executed sentence.

(c) A judge may not require reimbursement under this article if the
judge determines the defendant is indigent based on the defendant's
sworn statement or affidavit filed with the court. A court that
requires reimbursement under this article may require the defendant
to reimburse the county only for those days the defendant is
confined after the date of conviction or on which a plea of guilty
or nolo contendere was entered. The court may not require a
defendant to reimburse the county for those days the defendant was
confined after arrest and before the date of conviction or on which
the plea of guilty or nolo contendere was entered.

(d) The court, in determining whether to order reimbursement under
this article, shall consider:

(1) the defendant's employment status, earning ability, and
financial resources; and

(2) any other special circumstances that may affect the defendant's
ability to pay, including child support obligations and including
any financial responsibilities owed by the defendant to dependents
or restitution payments owed by the defendant to a victim.

(e) On the day on which a defendant who is required to reimburse the
county under this article discharges an executed sentence of
confinement or completes the period of confinement required as a
condition of community supervision, the sheriff shall present to
the defendant a bill computed by multiplying the daily rate of $25
times the number of days the defendant was confined in the county
jail, not counting the day on which the execution of the sentence or
the period of confinement began. For purposes of this subsection, a
defendant who is confined in county jail for only a portion of a day
is nonetheless considered to have been confined for the whole day.

(f) The court may require a defendant to reimburse the county under
this article by paying to the sheriff the bill presented by the
sheriff within a specified period or in specified installments.
The end of the period or the last installment may not be later than:

(1) the end of the period of community supervision, if community
supervision is ordered; or

(2) the fifth anniversary of the last day of the term of
confinement, if the court does not order community supervision.

Added by Acts 1999, 76th Leg., ch. 295, Sec. 1, eff. Sept. 1, 1999.

 

Art. 42.04. [769] [856] [834] Sentence when appeal is taken

When a defendant is sentenced to death, no date shall be set for the
execution of sentence until after the receipt by the clerk of the
trial court of the mandate of affirmance of the court of criminal
appeals.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1981, 67th Leg., p. 809, ch. 291, Sec. 114, eff.
Sept. 1, 1981.

 

Art. 42.05. [770] [857] [835] If court is about to adjourn

The time limit within which any act is to be done within the meaning
of this Code shall not be affected by the expiration of the term of
the court.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

 

Art. 42.07. [773] [860-861] Reasons to prevent sentence

Before pronouncing sentence, the defendant shall be asked whether
he has anything to say why the sentence should not be pronounced
against him. The only reasons which can be shown, on account of
which sentence cannot be pronounced, are:

1. That the defendant has received a pardon from the proper
authority, on the presentation of which, legally authenticated, he
shall be discharged.

2. That the defendant is incompetent to stand trial; and if
evidence be shown to support a finding of incompetency to stand
trial, no sentence shall be pronounced, and the court shall proceed
under Chapter 46B; and

3. When a person who has been convicted escapes after conviction and
before sentence and an individual supposed to be the same has been
arrested he may before sentence is pronounced, deny that he is the
person convicted, and an issue be accordingly tried before a jury,
or before the court if a jury is waived, as to his identity.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1975,
64th Leg., p. 1102, ch. 415, Sec. 3, eff. June 19, 1975.

Amended by Acts 1981, 67th Leg., p. 810, ch. 291, Sec. 115, eff.
Sept. 1, 1981; Acts 2003, 78th Leg., ch. 35, Sec. 3, eff. Jan. 1,
2004.

 

Art. 42.08. [774] [840] [862] Cumulative or concurrent sentence

(a) When the same defendant has been convicted in two or more cases,
judgment and sentence shall be pronounced in each case in the same
manner as if there had been but one conviction. Except as provided
by Sections (b) and (c) of this article, in the discretion of the
court, the judgment in the second and subsequent convictions may
either be that the sentence imposed or suspended shall begin when
the judgment and the sentence imposed or suspended in the preceding
conviction has ceased to operate, or that the sentence imposed or
suspended shall run concurrently with the other case or cases, and
sentence and execution shall be accordingly; provided, however,
that the cumulative total of suspended sentences in felony cases
shall not exceed 10 years, and the cumulative total of suspended
sentences in misdemeanor cases shall not exceed the maximum period
of confinement in jail applicable to the misdemeanor offenses,
though in no event more than three years, including extensions of
periods of community supervision under Section 22, Article 42.12,
of this code, if none of the offenses are offenses under Chapter 49,
Penal Code, or four years, including extensions, if any of the
offenses are offenses under Chapter 49, Penal Code.

(b) If a defendant is sentenced for an offense committed while the
defendant was an inmate in the institutional division of the Texas
Department of Criminal Justice and the defendant has not completed
the sentence he was serving at the time of the offense, the judge
shall order the sentence for the subsequent offense to commence
immediately on completion of the sentence for the original offense.

(c) If a defendant has been convicted in two or more cases and the
court suspends the imposition of the sentence in one of the cases,
the court may not order a sentence of confinement to commence on the
completion of a suspended sentence for an offense.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Amended by Acts 1985, 69th Leg., ch. 29, Sec. 1, eff. Sept. 1, 1985;
Acts 1987, 70th Leg., ch. 513, Sec. 1, eff. Aug. 31, 1987; Subsec.
(a) amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.11, eff. Sept.
1, 1989. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff.
Sept. 1, 1993.

 

Art. 42.09. [775] Commencement of sentence; status during appeal;
pen packet

Sec. 1. Except as provided in Sections 2 and 3, a defendant shall be
delivered to a jail or to the institutional division of the Texas
Department of Criminal Justice when his sentence is pronounced, or
his sentence to death is announced, by the court. The defendant's
sentence begins to run on the day it is pronounced, but with all
credits, if any, allowed by Article 42.03.

Sec. 2. If a defendant appeals his conviction and is released on
bail pending disposition of his appeal, when his conviction is
affirmed, the clerk of the trial court, on receipt of the mandate
from the appellate court, shall issue a commitment against the
defendant. The officer executing the commitment shall endorse
thereon the date he takes the defendant into custody and the
defendant's sentence begins to run from the date endorsed on the
commitment. The institutional division of the Texas Department of
Criminal Justice shall admit the defendant named in the commitment
on the basis of the commitment.

Sec. 3. If a defendant is convicted of a felony and sentenced to
death, life, or a term of more than ten years in the institutional
division of the Texas Department of Criminal Justice and he gives
notice of appeal, he shall be transferred to the institutional
division on a commitment pending a mandate from the court of appeals
or the Court of Criminal Appeals.

Sec. 4. If a defendant is convicted of a felony, is eligible for
release on bail pending appeal under article 44.04(b), and gives
notice of appeal, he shall be transferred to the Institutional
Division of the Texas Department of Criminal Justice on a
commitment pending a mandate from the Court of Appeals or the Court
of Criminal Appeals upon request in open court or upon written
request to the sentencing court. Upon a valid transfer to the
institutional division under this section, the defendant may not
thereafter be released on bail pending his appeal.

Sec. 5. If a defendant is transferred to the institutional division
of the Texas Department of Criminal Justice pending appeal under
Section 3 or 4, his sentence shall be computed as if no appeal had
been taken if the appeal is affirmed.

Sec. 6. All defendants who have been transferred to the
institutional division of the Texas Department of Criminal Justice
pending the appeal of their convictions under this article shall be
under the control and authority of the institutional division for
all purposes as if no appeal were pending.

Sec. 7. If a defendant is sentenced to a term of imprisonment in the
institutional division of the Texas Department of Criminal Justice
but is not transferred to the institutional division under Section
3 or 4 of this article, the court, before the date on which it would
lose jurisdiction under Section 6(a), Article 42.12, of this code,
shall send to the department a document containing a statement of
the date on which the defendant's sentence was pronounced and
credits earned by the defendant under Article 42.03 of this code as
of the date of the statement.

Sec. 8. (a) A county that transfers a defendant to the Texas
Department of Criminal Justice under this article shall deliver to
an officer designated by the department:

(1) a copy of the judgment entered pursuant to Article 42.01 of this
code, completed on a standardized felony judgment form described by
Section 4 of that article;

(2) a copy of any order revoking community supervision and imposing
sentence pursuant to Section 23, Article 42.12, of this code,
including:

(A) any amounts owed for restitution, fines, and court costs,
completed on a standardized felony judgment form described by
Section 4, Article 42.01, of this code; and

(B) a copy of the client supervision plan prepared for the defendant
by the community supervision and corrections department
supervising the defendant, if such a plan was prepared;

(3) a written report that states the nature and the seriousness of
each offense and that states the citation to the provision or
provisions of the Penal Code or other law under which the defendant
was convicted;

(4) a copy of the victim impact statement, if one has been prepared
in the case under Article 56.03 of this code;

(5) a statement as to whether there was a change in venue in the case
and, if so, the names of the county prosecuting the offense and the
county in which the case was tried;

(6) a copy of the record of arrest for each offense;

(7) if requested, information regarding the criminal history of the
defendant, including the defendant's state identification number
if the number has been issued;

(8) a copy of the indictment or information for each offense;

(9) a checklist sent by the department to the county and completed
by the county in a manner indicating that the documents required by
this subsection and Subsection (c) of this section accompany the
defendant;

(10) if prepared, a copy of a presentence or postsentence
investigation report prepared under Section 9, Article 42.12 of
this code;

(11) a copy of any detainer, issued by an agency of the federal
government, that is in the possession of the county and that has
been placed on the defendant; and

(12) a written description of a hold or warrant, issued by any other
jurisdiction, that the county is aware of and that has been placed
on or issued for the defendant.

(b) The Texas Department of Criminal Justice shall not take a
defendant into custody under this article until the designated
officer receives the documents required by Subsections (a) and (c)
of this section. The designated officer shall certify under the
seal of the department the documents received under Subsections (a)
and (c) of this section. A document certified under this subsection
is self-authenticated for the purposes of Rules 901 and 902, Texas
Rules of Criminal Evidence.

(c) A county that transfers a defendant to the Texas Department of
Criminal Justice under this article shall also deliver to the
designated officer any presentence or postsentence investigation
report, revocation report, psychological or psychiatric evaluation
of the defendant, including an evaluation prepared for the juvenile
court before transferring the defendant to criminal court and
contained in the criminal prosecutor's file, and available social
or psychological background information relating to the defendant
and may deliver to the designated officer any additional
information upon which the judge or jury bases the punishment
decision.

(d) The institutional division of the Texas Department of Criminal
Justice shall make documents received under Subsections (a) and (c)
available to the pardons and paroles division on the request of the
pardons and paroles division and shall, on release of a defendant on
parole or to mandatory supervision, immediately provide the pardons
and paroles division with copies of documents received under
Subsection (a). The pardons and paroles division shall provide to
the parole officer appointed to supervise the defendant a
comprehensive summary of the information contained in the documents
referenced in this section not later than the 14th day after the
date of the defendant's release. The summary shall include a
current photograph of the defendant and a complete set of the
defendant's fingerprints. Upon written request from the county
sheriff, the photograph and fingerprints shall be filed with the
sheriff of the county to which the parolee is assigned if that
county is not the county from which the parolee was sentenced.

(e) A county is not required to deliver separate documents
containing information relating to citations to provisions of the
Penal Code or other law and to changes of venue, as otherwise
required by Subsections (a)(3) and (a)(5) of this article, if the
standardized felony judgment form described by Section 4, Article
42.01, of this code is modified to require that information.

(f) Except as provided by Subsection (g) of this section, the county
sheriff is responsible for ensuring that documents and information
required by this section accompany defendants sentenced by district
courts in the county to the Texas Department of Criminal Justice.

(g) If the presiding judge of the administrative judicial region in
which the county is located determines that the county sheriff is
unable to perform the duties required by Subsection (f) of this
section, the presiding judge may impose those duties on:

(1) the district clerk; or

(2) the prosecutor of each district court in the county.

(h) If a parole panel releases on parole a person who is confined in
a jail in this state, a federal correctional institution, or a
correctional institution in another state, the Texas Department of
Criminal Justice shall request the sheriff who would otherwise be
required to transfer the person to the department to forward to the
department the information described by Subsections (a) and (c) of
this section. The sheriff shall comply with the request of the
department . The department shall determine whether the information
forwarded by the sheriff under this subsection contains a
thumbprint taken from the person in the manner provided by Article
38.33 of this code and, if not, the department shall obtain a
thumbprint taken in the manner provided by that article and shall
forward the thumbprint to the department for inclusion with the
information sent by the sheriff.

(i) A county may deliver the documents required under Subsections
(a) and (c) of this section to the Texas Department of Criminal
Justice by electronic means. For purposes of this subsection,
"electronic means" means the transmission of data between word
processors, data processors, or similar automated information
equipment over dedicated cables, commercial lines, or other similar
methods of transmission.

(j) If after a county transfers a defendant or inmate to the Texas
Department of Criminal Justice the charges on which the defendant
or inmate was convicted and for which the defendant or inmate was
transferred are dismissed, the county shall immediately notify an
officer designated by the department of the dismissal.

Sec. 9. A county that transfers a defendant to the Texas Department
of Criminal Justice under this article may deliver to an officer
designated by the department a certified copy of a final order of a
state or federal court that dismisses as frivolous or malicious a
lawsuit brought by the inmate while the inmate was confined in the
county jail awaiting transfer to the department following
conviction of a felony or revocation of community supervision,
parole, or mandatory supervision. The county may deliver the copy
to the department at the time of the transfer of the inmate or at any
time after the transfer of the inmate.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 206, ch. 91, Sec. 2, eff. Aug. 27, 1973; Acts 1977,
65th Leg., p. 2018, ch. 806, Sec. 1, eff. Aug. 29, 1977.

Amended by Acts 1981, 67th Leg., p. 810, ch. 291, Sec. 117, eff.
Sept. 1, 1981. Sec. 7 added by Acts 1983, 68th Leg., p. 148, ch. 40,
Sec. 1, eff. April 26, 1983; Acts 1983, 68th Leg., p. 4668, ch. 810,
Sec. 1, eff. Sept. 1, 1983; Sec. 8 amended by Acts 1985, 69th Leg.,
ch. 344, Sec. 3, eff. Jan. 1, 1986; Acts 1987, 70th Leg., ch. 1049,
Sec. 53, eff. Sept. 1, 1987; Sec. 8(a) amended by Acts 1989, 71st
Leg., ch. 785, Sec. 4.12, eff. Sept. 1, 1989; Sec. 8(h) added by
Acts 1989, 71st Leg., ch. 33, Sec. 2, eff. April 26, 1989; Sec. 8(a)
amended by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.05, eff.
Aug. 29, 1991. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03,
eff. Sept. 1, 1993; Sec. 8(a) to (c) amended by Acts 1995, 74th
Leg., ch. 321, Sec. 3.001, eff. Sept. 1, 1995; Sec. 8(d) amended by
Acts 1995, 74th Leg., ch. 321, Sec. 3.001, eff. Sept. 1, 1995; Acts
1995, 74th Leg., ch. 723, Sec. 1, eff. Sept. 1, 1995; Sec. 8(f),
(h), (i) amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.001, eff.
Sept. 1, 1995; Sec. 8(a) amended by Acts 1999, 76th Leg., ch. 1188,
Sec. 1.42, eff. Sept. 1, 1999; Sec. 8(c) amended by Acts 1999, 76th
Leg., ch. 1477, Sec. 29, eff. Sept. 1, 1999; Sec. 9 added by Acts
1999, 76th Leg., ch. 655, Sec. 1, eff. June 18, 1999; Sec. 4 amended
by Acts 2001, 77th Leg., ch. 214, Sec. 1, eff. May 22, 2001; Sec.
8(j) added by Acts 2001, 77th Leg., ch. 453, Sec. 1, eff. June 8,
2001; Sec. 8(a) amended by Acts 2003, 78th Leg., ch. 14, Sec. 1,
eff. Sept. 1, 2003.

 

Art. 42.10. [781a] Satisfaction of judgment as in misdemeanor
convictions

When a person is convicted of a felony, and the punishment assessed
is only a fine or a term in jail, or both, the judgment may be
satisfied in the same manner as a conviction for a misdemeanor is by
law satisfied.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

 

Art. 42.11. [781c] Uniform Act for out-of-State probationer and
parolee supervision

Sec. 1. This Act may be cited as the Uniform Act for out-of-State
probationer and parolee supervision.

Sec. 2. The Governor of this State is hereby authorized and directed
to execute a compact on behalf of the State of Texas with any of the
United States legally joining therein in the form substantially as
follows:

Entering into by and among the contracting state, signatories
hereto, with the consent of the Congress of the United States of
America, granted by an Act entitled "An Act granting the consent of
Congress to any two or more States to enter into agreements or
compacts for cooperative effort and mutual assistance in the
prevention of crime and for other purposes".

A COMPACT

 

The contracting States solemnly agree:

(1) That it shall be competent for the duly constituted judicial and
administrative authorities of a State party to this compact (herein
called "sending State"), to permit any person convicted of an
offense within such State and placed on probation or released on
parole to reside in any other State party to this compact (herein
called "receiving State"), while on probation or parole, if

(a) Such person is in fact a resident of or has his family residing
within the receiving State and can obtain employment there; and

(b) Though not a resident of the receiving State and not having his
family residing there, the receiving State consents to such person
being sent there.

Before granting such permission, opportunity shall be granted to
the receiving State to investigate the home and prospective
employment of such person.

A resident of the receiving State, within the meaning of this
section is one who has been an actual inhabitant of such State
continuously for more than one year prior to his coming to the
sending State and has not resided within the sending State more than
six continuous months immediately preceding the commission of the
offense for which he has been convicted.

(2) That each receiving State will assume the duties of visitation
of and supervision over probationers or parolees of any sending
State and in the exercise of those duties will be governed by the
same standards that prevail for its own probationers and parolees.

(3) That duly accredited officers of a sending State may at all
times enter a receiving State and there apprehend and retake any
person on probation or parole. For that purpose no formalities will
be required other than establishing the authority of the officer
and the identity of the person to be retaken. All legal
requirements to obtain extradition of fugitives from justice are
hereby expressly waived on the part of States party hereto, as to
such persons. The decision of the sending State to retake a person
on probation or parole shall be conclusive upon and not reviewable
within the receiving State; provided, however, that if at the time
when a State seeks to retake a probationer or parolee there should
be pending against him within the receiving State any criminal
charge, or he should be suspected of having committed within such
State a criminal offense, he shall not be retaken without the
consent of the receiving State until discharged from prosecution or
from any imprisonment for such offense.

(4) That the duly accredited officers of the sending State will be
permitted to transport prisoners being retaken through any and all
States party to this compact, without interference.

(5) That the Governor of each State may designate an officer who,
acting jointly with like officers of other contracting States, if
and when appointed, shall promulgate such rules and regulations as
may be deemed necessary to more effectively carry out the terms of
this compact.

(6) That this compact shall become operative immediately upon its
execution by any State as between it and other State or States so
executing. When executed it shall have the full force and effect of
law within such State, the form of execution to be in accordance
with the laws of the executing State.

(7) That this compact shall continue in force and remain binding
upon each executing State until renounced by it. The duties and
obligations hereunder of a renouncing State shall continue as to
parolees or probationers residing therein at the time of withdrawal
until retaken or finally discharged by the sending State.
Renunciation of this compact shall be by the same authority which
executed it, by sending six months notice in writing of its
intention to withdraw from the compact to the other States party
hereto.

Sec. 3. The title of the officer designated by the Governor under
Subdivision (5) of the compact is the Interstate Compact
Administrator for Probation and Parole. The Interstate Compact
Administrator is authorized to appoint two Deputy Interstate
Compact Administrators, with one deputy primarily responsible for
issues dealing with probationers and the other primarily
responsible for issues dealing with parolees. The executive
director of the Texas Department of Criminal Justice or the
executive director's designee is authorized and directed to do all
things necessary or incidental to the carrying out of the compact in
every particular.

Sec. 3a. Repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.
7.01(27), eff. Nov. 12, 1991.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1973,
63rd Leg., p. 547, ch. 233, Sec. 1, eff. Aug. 27, 1973; Acts 1977,
65th Leg., p. 1851, ch. 735, Sec. 2.134, eff. Aug. 29, 1977.

Sec. 3a amended by Acts 1985, 69th Leg., ch. 479, Sec. 162, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 939, Sec. 1, eff. Sept. 1,
1987; repealed by Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec.
7.01(27), eff. Nov. 12, 1991; Sec. 1 amended by Acts 1995, 74th
Leg., ch. 321, Sec. 3.002, eff. Sept. 1, 1995; Sec. 3 amended by
Acts 1997, 75th Leg., ch. 514, Sec. 1, eff. May 31, 1997.

 

Art. 42.111. Deferral of Proceedings in Cases Appealed to County
Court

If a defendant convicted of a misdemeanor punishable by fine only
appeals the conviction to a county court, on the trial in county
court the defendant may enter a plea of guilty or nolo contendere to
the offense. If the defendant enters a plea of guilty or nolo
contendere, the court may defer further proceedings without
entering an adjudication of guilt in the same manner as provided for
the deferral of proceedings in justice court or municipal court
under Article 45.051 of this code. This article does not apply to a
misdemeanor case disposed of under Subchapter B, Chapter 543,
Transportation Code, or a serious traffic violation as defined by
Section 522.003, Transportation Code.

Added by Acts 1989, 71st Leg., ch. 399, Sec. 2, eff. June 14, 1989.
Amended by Acts 1991, 72nd Leg., ch. 775, Sec. 18, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 62, Sec. 3.03, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1545, Sec. 62, eff. Sept. 1, 1999.

 

Art. 42.12. [781d] Community supervision

Purpose

 

Sec. 1. It is the purpose of this article to place wholly within the
state courts the responsibility for determining when the imposition
of sentence in certain cases shall be suspended, the conditions of
community supervision, and the supervision of defendants placed on
community supervision, in consonance with the powers assigned to
the judicial branch of this government by the Constitution of
Texas. It is the purpose of this article to remove from existing
statutes the limitations, other than questions of
constitutionality, that have acted as barriers to effective systems
of community supervision in the public interest.

Definitions

 

Sec. 2. In this article:

(1) "Court" means a court of record having original criminal
jurisdiction.

(2) "Community supervision" means the placement of a defendant by a
court under a continuum of programs and sanctions, with conditions
imposed by the court for a specified period during which:

(A) criminal proceedings are deferred without an adjudication of
guilt; or

(B) a sentence of imprisonment or confinement, imprisonment and
fine, or confinement and fine, is probated and the imposition of
sentence is suspended in whole or in part.

(3) "Supervision officer" means a person appointed or employed
under Section 76.004, Government Code, to supervise defendants
placed on community supervision.

(4) "Electronic monitoring" includes voice tracking systems,
position tracking systems, position location systems, biometric
tracking systems, and any other electronic or telecommunications
system that may be used to assist in the supervision of individuals
under this article.

Judge Ordered Community Supervision

 

Sec. 3. (a) A judge, in the best interest of justice, the public,
and the defendant, after conviction or a plea of guilty or nolo
contendere, may suspend the imposition of the sentence and place
the defendant on community supervision or impose a fine applicable
to the offense and place the defendant on community supervision.

(b) Except as provided by Subsection (f), in a felony case the
minimum period of community supervision is the same as the minimum
term of imprisonment applicable to the offense and the maximum
period of community supervision is 10 years.

(c) The maximum period of community supervision in a misdemeanor
case is two years.

(d) A judge may increase the maximum period of community
supervision in the manner provided by Section 22(c) or 22A of this
article.

(e) A defendant is not eligible for community supervision under
this section if the defendant:

(1) is sentenced to a term of imprisonment that exceeds 10 years;
or

(2) is sentenced to serve a term of confinement under Section 12.35,
Penal Code.

(f) The minimum period of community supervision for a felony
described by Section 13B(b) is five years and the maximum period of
supervision is 10 years.

(g) A judge shall not deny community supervision to a defendant
based solely on the defendant's inability to speak, read, write,
hear, or understand English.

Secs. 3a to 3f. [Blank].

Limitation on Judge Ordered Community Supervision

 

Sec. 3g. (a) The provisions of Section 3 of this article do not
apply:

(1) to a defendant adjudged guilty of an offense under:

(A) Section 19.02, Penal Code (Murder);

(B) Section 19.03, Penal Code (Capital murder);

(C) Section 21.11(a)(1), Penal Code (Indecency with a child);

(D) Section 20.04, Penal Code (Aggravated kidnapping);

(E) Section 22.021, Penal Code (Aggravated sexual assault);

(F) Section 29.03, Penal Code (Aggravated robbery);

(G) Chapter 481, Health and Safety Code, for which punishment is
increased under:

(i) Section 481.140, Health and Safety Code; or

(ii) Section 481.134(c), (d), (e), or (f), Health and Safety Code,
if it is shown that the defendant has been previously convicted of
an offense for which punishment was increased under any of those
subsections; or

(H) Section 22.011, Penal Code (Sexual assault); or

(2) to a defendant when it is shown that a deadly weapon as defined
in Section 1.07, Penal Code, was used or exhibited during the
commission of a felony offense or during immediate flight
therefrom, and that the defendant used or exhibited the deadly
weapon or was a party to the offense and knew that a deadly weapon
would be used or exhibited. On an affirmative finding under this
subdivision, the trial court shall enter the finding in the
judgment of the court. On an affirmative finding that the deadly
weapon was a firearm, the court shall enter that finding in its
judgment.

(b) If there is an affirmative finding under Subsection (a)(2) in
the trial of a felony of the second degree or higher that the deadly
weapon used or exhibited was a firearm and the defendant is granted
community supervision, the court may order the defendant confined
in the institutional division of the Texas Department of Criminal
Justice for not less than 60 and not more than 120 days. At any time
after the defendant has served 60 days in the custody of the
institutional division, the sentencing judge, on his own motion or
on motion of the defendant, may order the defendant released to
community supervision. The institutional division shall release
the defendant to community supervision after he has served 120
days.

Jury Recommended Community Supervision

 

Sec. 4. (a) A jury that imposes confinement as punishment for an
offense may recommend to the judge that the judge suspend the
imposition of the sentence and place the defendant on community
supervision. A judge shall suspend the imposition of the sentence
and place the defendant on community supervision if the jury makes
that recommendation in the verdict.

(b) If the jury recommends to the judge that the judge place the
defendant on community supervision, the judge shall place the
defendant on community supervision for any period permitted under
Section 3(b) or 3(c) of this article, as appropriate.

(c) A judge may increase the maximum period of community
supervision in the manner provided by Section 22(c) or Section 22A
of this article.

(d) A defendant is not eligible for community supervision under
this section if the defendant:

(1) is sentenced to a term of imprisonment that exceeds 10 years;

(2) is sentenced to serve a term of confinement under Section 12.35,
Penal Code;

(3) does not file a sworn motion under Subsection (e) of this
section or for whom the jury does not enter in the verdict a finding
that the information contained in the motion is true; or

(4) is adjudged guilty of an offense for which punishment is
increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any one of those subsections.

(e) A defendant is eligible for community supervision under this
section only if before the trial begins the defendant files a
written sworn motion with the judge that the defendant has not
previously been convicted of a felony in this or any other state,
and the jury enters in the verdict a finding that the information in
the defendant's motion is true.

Deferred Adjudication; Community Supervision

 

Sec. 5. (a) Except as provided by Subsection (d) of this section,
when in the judge's opinion the best interest of society and the
defendant will be served, the judge may, after receiving a plea of
guilty or plea of nolo contendere, hearing the evidence, and
finding that it substantiates the defendant's guilt, defer further
proceedings without entering an adjudication of guilt, and place
the defendant on community supervision. A judge may place on
community supervision under this section a defendant charged with
an offense under Section 21.11, 22.011, or 22.021, Penal Code,
regardless of the age of the victim, or a defendant charged with a
felony described by Section 13B(b) of this article, only if the
judge makes a finding in open court that placing the defendant on
community supervision is in the best interest of the victim. The
failure of the judge to find that deferred adjudication is in the
best interest of the victim is not grounds for the defendant to set
aside the plea, deferred adjudication, or any subsequent conviction
or sentence. After placing the defendant on community supervision
under this section, the judge shall inform the defendant orally or
in writing of the possible consequences under Subsection (b) of
this section of a violation of community supervision. If the
information is provided orally, the judge must record and maintain
the judge's statement to the defendant. The failure of a judge to
inform a defendant of possible consequences under Subsection (b) of
this section is not a ground for reversal unless the defendant shows
that he was harmed by the failure of the judge to provide the
information. In a felony case, the period of community supervision
may not exceed 10 years. For a defendant charged with a felony
under Section 21.11, 22.011, or 22.021, Penal Code, regardless of
the age of the victim, and for a defendant charged with a felony
described by Section 13B(b) of this article, the period of
community supervision may not be less than five years. In a
misdemeanor case, the period of community supervision may not
exceed two years. A judge may increase the maximum period of
community supervision in the manner provided by Section 22(c) or
22A of this article. The judge may impose a fine applicable to the
offense and require any reasonable conditions of community
supervision, including mental health treatment under Section 11(d)
of this article, that a judge could impose on a defendant placed on
community supervision for a conviction that was probated and
suspended, including confinement. The provisions of Section 15 of
this article specifying whether a defendant convicted of a state
jail felony is to be confined in a county jail or state jail felony
facility and establishing the minimum and maximum terms of
confinement as a condition of community supervision apply in the
same manner to a defendant placed on community supervision after
pleading guilty or nolo contendere to a state jail felony. However,
upon written motion of the defendant requesting final adjudication
filed within 30 days after entering such plea and the deferment of
adjudication, the judge shall proceed to final adjudication as in
all other cases.

(b) On violation of a condition of community supervision imposed
under Subsection (a) of this section, the defendant may be arrested
and detained as provided in Section 21 of this article. The
defendant is entitled to a hearing limited to the determination by
the court of whether it proceeds with an adjudication of guilt on
the original charge. No appeal may be taken from this
determination. After an adjudication of guilt, all proceedings,
including assessment of punishment, pronouncement of sentence,
granting of community supervision, and defendant's appeal continue
as if the adjudication of guilt had not been deferred. A court
assessing punishment after an adjudication of guilt of a defendant
charged with a state jail felony may suspend the imposition of the
sentence and place the defendant on community supervision or may
order the sentence to be executed, regardless of whether the
defendant has previously been convicted of a felony.

(c) On expiration of a community supervision period imposed under
Subsection (a) of this section, if the judge has not proceeded to
adjudication of guilt, the judge shall dismiss the proceedings
against the defendant and discharge him. The judge may dismiss the
proceedings and discharge a defendant, other than a defendant
charged with an offense requiring the defendant to register as a sex
offender under Chapter 62, as added by Chapter 668, Acts of the 75th
Legislature, Regular Session, 1997, prior to the expiration of the
term of community supervision if in the judge's opinion the best
interest of society and the defendant will be served. The judge may
not dismiss the proceedings and discharge a defendant charged with
an offense requiring the defendant to register under Chapter 62, as
added by Chapter 668, Acts of the 75th Legislature, Regular
Session, 1997. Except as provided by Section 12.42(g), Penal Code,
a dismissal and discharge under this section may not be deemed a
conviction for the purposes of disqualifications or disabilities
imposed by law for conviction of an offense. For any defendant who
receives a dismissal and discharge under this section:

(1) upon conviction of a subsequent offense, the fact that the
defendant had previously received community supervision with a
deferred adjudication of guilt shall be admissible before the court
or jury to be considered on the issue of penalty;

(2) if the defendant is an applicant for a license or is a licensee
under Chapter 42, Human Resources Code, the Texas Department of
Human Services may consider the fact that the defendant previously
has received community supervision with a deferred adjudication of
guilt under this section in issuing, renewing, denying, or revoking
a license under that chapter; and

(3) if the defendant is a person who has applied for registration to
provide mental health or medical services for the rehabilitation of
sex offenders, the Interagency Council on Sex Offender Treatment
may consider the fact that the defendant has received community
supervision under this section in issuing, renewing, denying, or
revoking a license or registration issued by that council.

(d) In all other cases the judge may grant deferred adjudication
unless:

(1) the defendant is charged with an offense:

(A) under Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code;
or

(B) for which punishment may be increased under Section 481.134(c),
(d), (e), or (f), Health and Safety Code, if it is shown that the
defendant has been previously convicted of an offense for which
punishment was increased under any one of those subsections; or

(2) the defendant:

(A) is charged with an offense under Section 21.11, 22.011, or
22.021, Penal Code, regardless of the age of the victim, or a felony
described by Section 13B(b) of this article; and

(B) has previously been placed on community supervision for any
offense under Paragraph (A) of this subdivision.

(e) If a judge places on community supervision under this section a
defendant charged with an offense under Section 20.02, 20.03, or
20.04, Penal Code, or an attempt, conspiracy, or solicitation to
commit one of those offenses, the judge shall make an affirmative
finding of fact and file a statement of that affirmative finding
with the papers in the case if the judge determines that the victim
or intended victim was younger than 17 years of age at the time of
the offense.

(f) A record in the custody of the court clerk regarding a case in
which a person is granted deferred adjudication is not
confidential.

(g) If a judge places on community supervision under this section a
defendant charged with an offense under Section 21.11, 22.011,
22.021, or 43. 25, Penal Code, the judge shall make an affirmative
finding of fact and file a statement of that affirmative finding
with the papers in the case if the judge determines that:

(1) at the time of the offense, the defendant was younger than 19
years of age and the victim or intended victim was at least 13 years
of age; and

(2) the charge to which the plea is entered under this section is
based solely on the ages of the defendant and the victim or intended
victim at the time of the offense.

(h) A court retains jurisdiction to hold a hearing under Subsection
(b) and to proceed with an adjudication of guilt, regardless of
whether the period of community supervision imposed on the
defendant has expired, if before the expiration the attorney
representing the state files a motion to proceed with the
adjudication and a capias is issued for the arrest of the defendant.

Continuing Court Jurisdiction in Felony Cases

 

Sec. 6. (a) For the purposes of this section, the jurisdiction of a
court in which a sentence requiring imprisonment in the
institutional division of the Texas Department of Criminal Justice
is imposed by the judge of the court shall continue for 180 days
from the date the execution of the sentence actually begins. Before
the expiration of 180 days from the date the execution of the
sentence actually begins, the judge of the court that imposed such
sentence may on his own motion, on the motion of the attorney
representing the state, or on the written motion of the defendant,
suspend further execution of the sentence and place the defendant
on community supervision under the terms and conditions of this
article, if in the opinion of the judge the defendant would not
benefit from further imprisonment and:

(1) the defendant is otherwise eligible for community supervision
under this article; and

(2) the defendant had never before been incarcerated in a
penitentiary serving a sentence for a felony.

(b) When the defendant or the attorney representing the state files
a written motion requesting suspension by the judge of further
execution of the sentence and placement of the defendant on
community supervision, and when requested to do so by the judge, the
clerk of the court shall request a copy of the defendant's record
while imprisoned from the institutional division of the Texas
Department of Criminal Justice or, if the defendant is confined in
county jail, from the sheriff. Upon receipt of such request, the
institutional division of the Texas Department of Criminal Justice
or the sheriff shall forward to the judge, as soon as possible, a
full and complete copy of the defendant's record while imprisoned
or confined. When the defendant files a written motion requesting

suspension of further execution of the sentence and placement on
community supervision, he shall immediately deliver or cause to be
delivered a true and correct copy of the motion to the office of the
attorney representing the state.

(c) The judge may deny the motion without a hearing but may not
grant the motion without holding a hearing and providing the
attorney representing the state and the defendant the opportunity
to present evidence on the motion.

Continuing Court Jurisdiction in Misdemeanor Cases

 

Sec. 7. (a) For the purposes of this section, the jurisdiction of
the courts in this state in which a sentence requiring confinement
in a jail is imposed for conviction of a misdemeanor shall continue
for 180 days from the date the execution of the sentence actually
begins. The judge of the court that imposed such sentence may on
his own motion, on the motion of the attorney representing the
state, or on the written motion of the defendant suspend further

execution of the sentence and place the defendant on community
supervision under the terms and conditions of this article, if in
the opinion of the judge the defendant would not benefit from
further confinement.

(b) When the defendant files a written motion with the court
requesting suspension of further execution of the sentence and
placement on community supervision or when requested to do so by the
judge, the clerk of the court shall request a copy of the
defendant's record while confined from the agency operating the
jail where the defendant is confined. Upon receipt of such request,
the agency operating the jail where the defendant is confined shall
forward to the court as soon as possible a full and complete copy of
the defendant's record while confined.

(c) The judge may deny the motion without a hearing but may not
grant a motion without holding a hearing and allowing the attorney
representing the state and the defendant to present evidence in the
case.

State Boot Camp Program

 

Sec. 8. (a) For the purposes of this section, the jurisdiction of a
court in which a sentence requiring imprisonment in the
institutional division of the Texas Department of Criminal Justice
is imposed for conviction of a felony shall continue for 180 days
from the date on which the convicted person is received into custody
by the institutional division. After the expiration of 75 days but
prior to the expiration of 180 days from the date on which the
convicted person is received into custody by the institutional
division, the judge of the court that imposed the sentence may
suspend further execution of the sentence imposed and place the
person on community supervision under the terms and conditions of
this article, if in the opinion of the judge the person would not
benefit from further imprisonment. The court shall clearly
indicate in its order recommending the placement of the person in
the state boot camp program that the court is not retaining
jurisdiction over the person for the purposes of Section 6 of this
article. A court may recommend a person for placement in the state
boot camp program only if:

(1) the person is otherwise eligible for community supervision
under this article;

(2) the person is 17 years of age or older but younger than 26 years
and is physically and mentally capable of participating in a
program that requires strenuous physical activity; and

(3) the person is not convicted of an offense punishable as a state
jail felony.

(b) On the 76th day after the day on which the convicted person is
received into custody by the institutional division, the
institutional division shall send the convicting court the record
of the person's progress, conduct, and conformity to institutional
division rules.

(c) The judge's recommendation that a person be placed in the state
boot camp program created under Section 499.052, Government Code,
does not give the court the power to hold the Texas Department of
Criminal Justice or any officer or employee of the department in
contempt of court for failure to adhere to that recommendation.

Presentence Investigations

 

Sec. 9. (a) Except as provided by Subsection (g) of this section,
before the imposition of sentence by a judge in a felony case, and
except as provided by Subsection (b) of this section, before the
imposition of sentence by a judge in a misdemeanor case the judge
shall direct a supervision officer to report to the judge in writing
on the circumstances of the offense with which the defendant is
charged, the amount of restitution necessary to adequately
compensate a victim of the offense, the criminal and social history
of the defendant, and any other information relating to the
defendant or the offense requested by the judge. It is not
necessary that the report contain a sentencing recommendation, but
the report must contain a proposed client supervision plan
describing programs and sanctions that the community supervision
and corrections department would provide the defendant if the judge
suspended the imposition of the sentence or granted deferred
adjudication.

(b) The judge is not required to direct a supervision officer to
prepare a report in a misdemeanor case if:

(1) the defendant requests that a report not be made and the judge
agrees to the request; or

(2) the judge finds that there is sufficient information in the
record to permit the meaningful exercise of sentencing discretion
and the judge explains this finding on the record.

(c) The judge may not inspect a report and the contents of the
report may not be disclosed to any person unless:

(1) the defendant pleads guilty or nolo contendere or is convicted
of the offense; or

(2) the defendant, in writing, authorizes the judge to inspect the
report.

(d) Before sentencing a defendant, the judge shall permit the
defendant or his counsel to read the presentence report.

(e) The judge shall allow the defendant or his attorney to comment
on a presentence investigation or a postsentence report and, with
the approval of the judge, introduce testimony or other information
alleging a factual inaccuracy in the investigation or report.

(f) The judge shall allow the attorney representing the state
access to any information made available to the defendant under
this section.

(g) Unless requested by the defendant, a judge is not required to
direct an officer to prepare a presentence report in a felony case
under this section if:

(1) punishment is to be assessed by a jury;

(2) the defendant is convicted of or enters a plea of guilty or nolo
contendere to capital murder;

(3) the only available punishment is imprisonment; or

(4) the judge is informed that a plea bargain agreement exists,
under which the defendant agrees to a punishment of imprisonment,
and the judge intends to follow the agreement.

(h) On a determination by the judge that alcohol or drug abuse may
have contributed to the commission of the offense, or in any case
involving a second or subsequent offense under Section 49.04, Penal
Code, committed within five years of the date on which the most
recent preceding offense was committed, or a second or subsequent
offense under Section 49.07 or 49.08 of that code that involves the
operation of a motor vehicle, committed within five years of the
date on which the most recent preceding offense was committed, the
judge shall direct a supervision officer approved by the community
supervision and corrections department or the judge or a person,
program, or other agency approved by the Texas Commission on
Alcohol and Drug Abuse, to conduct an evaluation to determine the
appropriateness of, and a course of conduct necessary for, alcohol
or drug rehabilitation for a defendant and to report that
evaluation to the judge. The evaluation shall be made:

(1) after arrest and before conviction, if requested by the
defendant;

(2) after conviction and before sentencing, if the judge assesses
punishment in the case;

(3) after sentencing and before the entry of a final judgment, if
the jury assesses punishment in the case; or

(4) after community supervision is granted, if the evaluation is
required as a condition of community supervision under Section 13
of this article.

(i) A presentence investigation conducted on any defendant
convicted of a felony offense who appears to the judge through its
own observation or on suggestion of a party to have a mental
impairment shall include a psychological evaluation which
determines, at a minimum, the defendant's IQ and adaptive behavior
score. The results of the evaluation shall be included in the
report to the judge as required by Subsection (a) of this section.

(j) The judge by order may direct that any information and records
that are not privileged and that are relevant to a report required
by Subsection (a) or Subsection (k) of this section be released to
an officer conducting a presentence investigation under Subsection
(i) of this section or a postsentence report under Subsection (k) of
this section. The judge may also issue a subpoena to obtain that
information. A report and all information obtained in connection
with a presentence investigation or postsentence report are
confidential and may be released only:

(1) to those persons and under those circumstances authorized under
Subsections (d), (e), (f), (h), (k), and (l) of this section;

(2) pursuant to Section 614.017, Health and Safety Code; or

(3) as directed by the judge for the effective supervision of the
defendant.

(k) If a presentence report in a felony case is not required under
this section, the judge may direct the officer to prepare a
postsentence report containing the same information that would have
been required for the presentence report, other than a proposed
client supervision plan and any information that is reflected in
the judgment. If the postsentence report is ordered, the officer
shall send the report to the clerk of the court not later than the
30th day after the date on which sentence is pronounced or deferred
adjudication is granted, and the clerk shall deliver the
postsentence report with the papers in the case to a designated
officer of the Texas Department of Criminal Justice, as described
by Section 8(a), Article 42.09.

(l), (m) Repealed by Acts 2003, 78th Leg., ch. 353, Sec. 5.

Sex Offenders: Presentence Investigation and Postsentence Treatment and Supervision

 

Sec. 9A. (a) In this section:

(1) "Council" means the Council on Sex Offender Treatment.

(2) "Sex offender" means a person who has been convicted or has
entered a plea of guilty or nolo contendere for an offense under any
one of the following provisions of the Penal Code:

(A) Section 20.04(a)(4) (Aggravated Kidnapping), if the person
committed the offense with the intent to violate or abuse the victim
sexually;

(B) Section 21.08 (Indecent Exposure);

(C) Section 21.11 (Indecency with a Child);

(D) Section 22.011 (Sexual Assault);

(E) Section 22.021 (Aggravated Sexual Assault);

(F) Section 25.02 (Prohibited Sexual Conduct);

(G) Section 30.02 (Burglary), if:

(i) the offense is punishable under Subsection (d) of that section;
and

(ii) the person committed the offense with the intent to commit a
felony listed in this subsection;

(H) Section 43.25 (Sexual Performance by a Child); or

(I) Section 43.26 (Possession or Promotion of Child Pornography).

(b) If the defendant is a sex offender, a supervision officer may
release information in a presentence or postsentence report
concerning the social and criminal history of the defendant to a
person who:

(1) is licensed or certified in this state to provide mental health
or medical services, including a:

(A) physician;

(B) psychiatrist;

(C) psychologist;

(D) licensed professional counselor;

(E) licensed marriage and family therapist; or

(F) certified social worker; and

(2) provides mental health or medical services for the
rehabilitation of the defendant.

(c) If the defendant is a sex offender, the judge shall direct a
supervision officer approved by the community supervision and
corrections department or the judge or a person, program, or other
agency approved by the council to evaluate the appropriateness of,
and a course of conduct necessary for, treatment, specialized
supervision, or rehabilitation of the defendant and to report the
results of the evaluation to the judge. The judge may require the
evaluation to use offense-specific standards of practice adopted by
the council and may require the report to reflect those standards.
The evaluation shall be made after conviction and before the entry
of a final judgment or, if requested by the defendant, after arrest
and before conviction.

Authority to Impose, Modify, or Revoke Community Supervision

 

Sec. 10. (a) Only the court in which the defendant was tried may
grant community supervision, impose conditions, revoke the
community supervision, or discharge the defendant, unless the judge
has transferred jurisdiction of the case to another court with the
latter's consent. Except as provided by Subsection (d) of this
section, only the judge may alter conditions of community
supervision. In a felony case, only the judge who originally
sentenced the defendant may suspend execution thereof and place the
defendant under community supervision pursuant to Section 6 of this
article. If the judge who originally sentenced the defendant is
deceased or disabled or if the office is vacant and the judge who
originally sentenced the defendant is deceased or disabled or if
the office is vacant and a motion is filed in accordance with
Section 6 of this article, the clerk of the court shall promptly
forward a copy of the motion to the presiding judge of the
administrative judicial district for that court, who may deny the
motion without a hearing or appoint a judge to hold a hearing on the
motion.

(b) After a defendant has been placed on community supervision,
jurisdiction of the case may be transferred to a court of the same
rank in this state having geographical jurisdiction where the
defendant is residing or where a violation of the conditions of
community supervision occurs. Upon transfer, the clerk of the
court of original jurisdiction shall forward a transcript of such
portions of the record as the transferring judge shall direct to the
court accepting jurisdiction, which latter court shall thereafter
proceed as if the trial and conviction had occurred in that court.

(c) Any judge of a court having geographical jurisdiction where the
defendant is residing or where a violation of the conditions of
community supervision occurs may issue a warrant for his arrest,
but the determination of action to be taken after arrest shall be
only by the judge of the court having jurisdiction of the case at
the time the action is taken.

(d) A judge that places a defendant on community supervision may
authorize the supervision officer supervising the defendant or a
magistrate appointed by the district courts in the county that give
preference to criminal cases to modify the conditions of community
supervision for the limited purpose of transferring the defendant
to different programs within the community supervision continuum of
programs and sanctions.

(e) If a supervision officer or magistrate modifies the conditions
of community supervision, the officer or magistrate shall deliver a
copy of the modified conditions to the defendant, shall file a copy
of the modified conditions with the sentencing court, and shall
note the date of delivery of the copy in the defendant's file. If
the defendant agrees to the modification in writing, the officer or
magistrate shall file a copy of the modified conditions with the
district clerk and the conditions shall be enforced as modified. If
the defendant does not agree to the modification in writing, the
supervision officer or magistrate shall refer the case to the judge
of the court for modification in the manner provided by Section 22
of this article.

(j-3) Deleted by Acts 1993, 73rd Leg., ch. 900, Sec. 4.01, eff.
Sept. 1, 1993.

Basic Conditions of Community Supervision

 

Sec. 11. (a) The judge of the court having jurisdiction of the case
shall determine the conditions of community supervision and may, at
any time, during the period of community supervision alter or
modify the conditions. The judge may impose any reasonable
condition that is designed to protect or restore the community,
protect or restore the victim, or punish, rehabilitate, or reform
the defendant. Conditions of community supervision may include,
but shall not be limited to, the conditions that the defendant
shall:

(1) Commit no offense against the laws of this State or of any other
State or of the United States;

(2) Avoid injurious or vicious habits;

(3) Avoid persons or places of disreputable or harmful character;

(4) Report to the supervision officer as directed by the judge or
supervision officer and obey all rules and regulations of the
community supervision and corrections department;

(5) Permit the supervision officer to visit him at his home or
elsewhere;

(6) Work faithfully at suitable employment as far as possible;

(7) Remain within a specified place;

(8) Pay his fine, if one be assessed, and all court costs whether a
fine be assessed or not, in one or several sums;

(9) Support his dependents;

(10) Participate, for a time specified by the judge in any
community-based program, including a community-service work
program under Section 16 of this article;

(11) Reimburse the county in which the prosecution was instituted
for compensation paid to appointed counsel for defending him in the
case, if counsel was appointed, or if he was represented by a
county-paid public defender, in an amount that would have been paid
to an appointed attorney had the county not had a public defender;

(12) Remain under custodial supervision in a community corrections
facility, obey all rules and regulations of such facility, and pay a
percentage of his income to the facility for room and board;

(13) Pay a percentage of his income to his dependents for their
support while under custodial supervision in a community
corrections facility;

(14) Submit to testing for alcohol or controlled substances;

(15) Attend counseling sessions for substance abusers or
participate in substance abuse treatment services in a program or
facility approved or licensed by the Texas Commission on Alcohol
and Drug Abuse;

(16) With the consent of the victim of a misdemeanor offense or of
any offense under Title 7, Penal Code, participate in
victim-defendant mediation;

(17) Submit to electronic monitoring;

(18) Reimburse the general revenue fund for any amounts paid from
that fund to a victim, as defined by Article 56.01 of this code, of
the defendant's offense or if no reimbursement is required, make
one payment to the fund in an amount not to exceed $50 if the offense
is a misdemeanor or not to exceed $100 if the offense is a felony;

(19) Reimburse a law enforcement agency for the analysis, storage,
or disposal of raw materials, controlled substances, chemical
precursors, drug paraphernalia, or other materials seized in
connection with the offense;

(20) Pay all or part of the reasonable and necessary costs incurred
by the victim for psychological counseling made necessary by the
offense or for counseling and education relating to acquired immune
deficiency syndrome or human immunodeficiency virus made necessary
by the offense;

(21) Make one payment in an amount not to exceed $50 to a crime
stoppers organization as defined by Section 414.001, Government
Code, and as certified by the Crime Stoppers Advisory Council;

(22) Submit a blood sample or other specimen to the Department of
Public Safety under Subchapter G, Chapter 411, Government Code, for
the purpose of creating a DNA record of the defendant; and

(23) In any manner required by the judge, provide public notice of
the offense for which the defendant was placed on community
supervision in the county in which the offense was committed.

(b) A judge may not order a defendant to make any payments as a term
or condition of community supervision, except for fines, court
costs, restitution to the victim, and other conditions related
personally to the rehabilitation of the defendant or otherwise
expressly authorized by law. The court shall consider the ability
of the defendant to make payments in ordering the defendant to make
payments under this article.

(c) If the judge or jury places a defendant on community
supervision, the judge shall require the defendant to demonstrate
to the court whether the defendant has an educational skill level
that is equal to or greater than the average skill level of students
who have completed the sixth grade in public schools in this state.
If the judge determines that the defendant has not attained that
skill level, the judge shall require as a condition of community
supervision that the defendant attain that level of educational
skill, unless the judge determines that the defendant lacks the
intellectual capacity or the learning ability to ever achieve that
level of skill.

(d) If the judge places a defendant on community supervision and the
defendant is determined to have a mental illness or be a person with
mental retardation by an examining expert under Article 16.22 or
Chapter 46B or in a psychological evaluation conducted under
Section 9(i) of this article, the judge may require the defendant as
a condition of community supervision to submit to outpatient or
inpatient mental health or mental retardation treatment if the:

(1) defendant's:

(A) mental impairment is chronic in nature; or

(B) ability to function independently will continue to deteriorate
if the defendant does not receive mental health or mental
retardation services; and

(2) judge determines, in consultation with a local mental health or
mental retardation services provider, that appropriate mental
health or mental retardation services for the defendant are
available through the Texas Department of Mental Health and Mental
Retardation under Section 534.053, Health and Safety Code, or
through another mental health or mental retardation services
provider.

(e) A judge granting community supervision to a defendant required
to register as a sex offender under Chapter 62 shall require that
the defendant, as a condition of community supervision:

(1) register under that chapter; and

(2) submit a blood sample or other specimen to the Department of
Public Safety under Subchapter G, Chapter 411, Government Code, for
the purpose of creating a DNA record of the defendant, unless the
defendant has already submitted the required specimen under other
state law.

(f) A judge may not require a defendant to undergo an orchiectomy as
a condition of community supervision.

(g) A judge who grants community supervision to a person may require
the person to make one payment in an amount not to exceed $50 to a
children's advocacy center established under Subchapter E, Chapter
264, Family Code, if the person is charged with or convicted of an
offense under Section 21.11 or 22.011(a)(2), Penal Code.

(h) If a judge grants community supervision to a person convicted of
an offense under Title 5, Penal Code, that the court determines
involves family violence, the judge may require the person to make
one payment in an amount not to exceed $100 to a family violence
shelter center that receives state or federal funds and that serves
the county in which the court is located. In this subsection,
"family violence" has the meaning assigned by Section 71.004,
Family Code, and "family violence shelter center" has the meaning
assigned by Section 51.002, Human Resources Code.

(i) A judge who grants community supervision to a sex offender
evaluated under Section 9A may require the sex offender as a
condition of community supervision to submit to treatment,
specialized supervision, or rehabilitation according to
offense-specific standards of practice adopted by the Council on
Sex Offender Treatment. On a finding that the defendant is
financially able to make payment, the judge shall require the
defendant to pay all or part of the reasonable and necessary costs
of the treatment, supervision, or rehabilitation.

(j), (10) [Blank].

(l)(1) If the court grants community supervision to a person
convicted of an offense under Section 42.072, Penal Code, the court
may require as a condition of community supervision that the person
may not:

(A) communicate directly or indirectly with the victim; or

(B) go to or near the residence, place of employment, or business of
the victim or to or near a school, day-care facility, or similar
facility where a dependent child of the victim is in attendance.

(2) If the court requires the prohibition contained in Subdivision
(1)(B) of this subsection as a condition of community supervision,
the court shall specifically describe the prohibited locations and
the minimum distances, if any, that the person must maintain from
the locations.

Confinement as a Condition of Community Supervision

 

Sec. 12. (a) If a judge having jurisdiction of a misdemeanor case
requires as a condition of community supervision that the defendant
submit to a period of confinement in a county jail, the period of
confinement may not exceed 30 days. If a judge having jurisdiction
of a felony case requires as a condition of community supervision
that the defendant submit to a period of confinement in a county
jail, the period of confinement may not exceed 180 days.

(b) A judge that requires as a condition of community supervision
that the defendant serve a term in a community corrections facility
under Section 18 of this article may not impose a term of
confinement under this section that, when added to the term imposed
under Section 18, exceeds 24 months.

(c) A judge may impose confinement as a condition of community
supervision under Subsection (a) of this section on placing the
defendant on supervision or at any time during the supervision
period. The judge may impose periods of confinement as a condition
of community supervision in increments smaller than the maximum
periods provided by Subsection (a) of this section but may not
impose periods of confinement that if added together exceed the
maximum periods provided by Subsection (a).

DWI Community Supervision

 

Sec. 13. (a) A judge granting community supervision to a defendant
convicted of an offense under Chapter 49, Penal Code, shall require
as a condition of community supervision that the defendant submit
to:

(1) not less than three days of confinement in county jail if the
defendant was punished under Section 49.09(a); not less than five
days of confinement in county jail if the defendant was punished
under Section 49.09(a) and was subject to Section 49.09(h); not
less than 10 days of confinement in county jail if the defendant was
punished under Section 49.09(b) or (c); or not less than 30 days of
confinement in county jail if the defendant was convicted under
Section 49.07; and

(2) an evaluation by a supervision officer or by a person, program,
or facility approved by the Texas Commission on Alcohol and Drug
Abuse for the purpose of having the facility prescribe and carry out
a course of conduct necessary for the rehabilitation of the
defendant's drug or alcohol dependence condition.

(b) A judge granting community supervision to a defendant convicted
of an offense under Section 49.08, Penal Code, shall require as a
condition of community supervision that the defendant submit to a
period of confinement of not less than 120 days.

(c) If the director of a facility to which a defendant is referred
under Subdivision (2) of Subsection (a) of this section determines
that the defendant is not making a good faith effort to participate
in a program of rehabilitation, the director shall notify the judge
that referred the defendant of that fact.

(d) If a judge requires as a condition of community supervision that
the defendant participate in a prescribed course of conduct
necessary for the rehabilitation of the defendant's drug or alcohol
dependence condition, the judge shall require that the defendant
pay for all or part of the cost of such rehabilitation based on the
defendant's ability to pay. The judge may, in its discretion,
credit such cost paid by the defendant against the fine assessed.
In making a determination of a defendant's ability to pay the cost
of rehabilitation under this subsection, the judge shall consider
whether the defendant has insurance coverage that will pay for
rehabilitation.

(e) The confinement imposed shall be treated as a condition of
community supervision, and in the event of a sentence of
confinement upon the revocation of community supervision, the term
of confinement served may not be credited toward service of such
subsequent confinement.

(f) If a judge grants community supervision to a defendant
convicted of an offense under Sections 49.04-49.08, Penal Code, and
if before receiving community supervision the defendant has not
submitted to an evaluation under Section 9 of this article, the
judge shall require the defendant to submit to the evaluation as a
condition of community supervision. If the evaluation indicates to
the judge that the defendant is in need of treatment for drug or
alcohol dependency, the judge shall require the defendant to submit
to that treatment as a condition of community supervision in a
program or facility approved or licensed by the Texas Commission on
Alcohol and Drug Abuse or in a program or facility that complies
with standards established by the community justice assistance
division of the Texas Department of Criminal Justice, after
consultation by the division with the commission.

(g) A jury that recommends community supervision for a person
convicted of an offense under Sections 49.04-49.08, Penal Code, may
recommend that any driver's license issued to the defendant under
Chapter 521, Transportation Code, not be suspended. This
subsection does not apply to a person punished under Section
49.09(a) or (b), Penal Code, and subject to Section 49.09(h) of that
code.

(h) If a person convicted of an offense under Sections 49.04-49.08,
Penal Code, is placed on community supervision, the judge shall
require, as a condition of the community supervision, that the
defendant attend and successfully complete before the 181st day
after the day community supervision is granted an educational
program jointly approved by the Texas Commission on Alcohol and
Drug Abuse, the Department of Public Safety, the Traffic Safety
Section of the Texas Department of Transportation, and the
community justice assistance division of the Texas Department of
Criminal Justice designed to rehabilitate persons who have driven
while intoxicated. The Texas Commission on Alcohol and Drug Abuse
shall publish the jointly approved rules and shall monitor,
coordinate, and provide training to persons providing the
educational programs. The Texas Commission on Alcohol and Drug
Abuse is responsible for the administration of the certification of
approved educational programs and may charge a nonrefundable
application fee for the initial certification of approval and for
renewal of a certificate. The judge may waive the educational
program requirement or may grant an extension of time to
successfully complete the program that expires not later than one
year after the beginning date of the person's community
supervision, however, if the defendant by a motion in writing shows
good cause. In determining good cause, the judge may consider but
is not limited to: the defendant's school and work schedule, the
defendant's health, the distance that the defendant must travel to
attend an educational program, and the fact that the defendant
resides out of state, has no valid driver's license, or does not
have access to transportation. The judge shall set out the finding
of good cause for waiver in the judgment. If a defendant is
required, as a condition of community supervision, to attend an
educational program or if the court waives the educational program
requirement, the court clerk shall immediately report that fact to
the Department of Public Safety, on a form prescribed by the
department, for inclusion in the person's driving record. If the
court grants an extension of time in which the person may complete
the program, the court clerk shall immediately report that fact to
the Department of Public Safety on a form prescribed by the
department. The report must include the beginning date of the
person's community supervision. Upon the person's successful
completion of the educational program, the person's instructor
shall give notice to the Department of Public Safety for inclusion
in the person's driving record and to the community supervision and
corrections department. The community supervision and corrections
department shall then forward the notice to the court clerk for
filing. If the Department of Public Safety does not receive notice
that a defendant required to complete an educational program has
successfully completed the program within the period required by
this section, as shown on department records, the department shall
revoke the defendant's driver's license, permit, or privilege or
prohibit the person from obtaining a license or permit, as provided
by Sections 521.344(e) and (f), Transportation Code. The Department
of Public Safety may not reinstate a license suspended under this
subsection unless the person whose license was suspended makes
application to the department for reinstatement of the person's
license and pays to the department a reinstatement fee of $50. The
Department of Public Safety shall remit all fees collected under
this subsection to the comptroller for deposit in the general
revenue fund. This subsection does not apply to a defendant if a
jury recommends community supervision for the defendant and also
recommends that the defendant's driver's license not be suspended.

(i) If a person convicted of an offense under Sections 49.04-49.08,
Penal Code, is placed on community supervision, the court may
require as a condition of community supervision that the defendant
have a device installed, on the motor vehicle owned by the defendant
or on the vehicle most regularly driven by the defendant, that uses
a deep-lung breath analysis mechanism to make impractical the
operation of the motor vehicle if ethyl alcohol is detected in the
breath of the operator and that the defendant not operate any motor
vehicle that is not equipped with that device. If the person is
convicted of an offense under Sections 49.04-49.06, Penal Code, and
punished under Section 49.09(a) or (b), Penal Code, or of a second
or subsequent offense under Section 49.07 or 49.08, Penal Code, and
the person after conviction of either offense is placed on
community supervision, the court shall require as a condition of
community supervision that the defendant have the device installed
on the appropriate vehicle and that the defendant not operate any
motor vehicle unless the vehicle is equipped with that device.
Before placing on community supervision a person convicted of an
offense under Sections 49.04-49.08, Penal Code, the court shall
determine from criminal history record information maintained by
the Department of Public Safety whether the person has one or more
previous convictions under Sections 49.04-49.08, Penal Code, or has
one previous conviction under Sections 49.04-49.07, Penal Code, or
one previous conviction under Section 49.08, Penal Code. If the
court determines that the person has one or more such previous
convictions, the court shall require as a condition of community
supervision that the defendant have that device installed on the
motor vehicle owned by the defendant or on the vehicle most
regularly driven by the defendant and that the defendant not
operate any motor vehicle unless the vehicle is equipped with the
device described in this subsection. The court shall require the
defendant to obtain the device at the defendant's own cost before
the 30th day after the date of conviction unless the court finds
that to do so would not be in the best interest of justice and enters
its findings on record. The court shall require the defendant to
provide evidence to the court within the 30-day period that the
device has been installed on the appropriate vehicle and order the
device to remain installed on that vehicle for a period not less
than 50 percent of the supervision period. If the court determines
the offender is unable to pay for the device, the court may impose a
reasonable payment schedule not to exceed twice the period of the
court's order. The Department of Public Safety shall approve
devices for use under this subsection. Section 521.247,
Transportation Code, applies to the approval of a device under this
subsection and the consequences of that approval. Notwithstanding
the provisions of this section, if a person is required to operate a
motor vehicle in the course and scope of the person's employment and
if the vehicle is owned by the employer, the person may operate that
vehicle without installation of an approved ignition interlock
device if the employer has been notified of that driving privilege
restriction and if proof of that notification is with the vehicle.
This employment exemption does not apply, however, if the business
entity that owns the vehicle is owned or controlled by the person
whose driving privilege has been restricted. A previous conviction
may not be used for purposes of restricting a person to the
operation of a motor vehicle equipped with an interlock ignition
device under this subsection if:

(1) the previous conviction was a final conviction under Section
49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code, and was for an
offense committed more than 10 years before the instant offense for
which the person was convicted and placed on community supervision;
and

(2) the person has not been convicted of an offense under Section
49.04, 49.05, 49.06, 49.07, or 49.08 of that code, committed within
10 years before the date on which the instant offense for which the
person was convicted and placed on community supervision.

(j) The judge shall require a defendant who is punished under
Section 49.09, Penal Code, as a condition of community supervision,
to attend and successfully complete an educational program for
repeat offenders approved by the Texas Commission on Alcohol and
Drug Abuse. The Texas Commission on Alcohol and Drug Abuse shall
adopt rules and shall monitor, coordinate, and provide training to
persons providing the educational programs. The Texas Commission
on Alcohol and Drug Abuse is responsible for the administration of
the certification of approved educational programs and may charge a
nonrefundable application fee for initial certification of
approval or for renewal of the certification. The judge may waive
the educational program requirement only if the defendant by a
motion in writing shows good cause. In determining good cause, the
judge may consider the defendant's school and work schedule, the
defendant's health, the distance that the defendant must travel to
attend an educational program, and whether the defendant resides
out of state or does not have access to transportation. The judge
shall set out the finding of good cause in the judgment. If a
defendant is required, as a condition of community supervision, to
attend an educational program, the court clerk shall immediately
report that fact to the Department of Public Safety, on a form
prescribed by the department, for inclusion in the defendant's
driving record. The report must include the beginning date of the
defendant's community supervision. On the defendant's successful
completion of the educational program for repeat offenders, the
defendant's instructor shall give notice to the Department of
Public Safety for inclusion in the defendant's driving record and
to the community supervision and corrections department. The
community supervision and corrections department shall then
forward the notice to the court clerk for filing. If the Department
of Public Safety does not receive notice that a defendant required
to complete an educational program has successfully completed the
program for repeat offenders within the period required by the
judge, as shown on department records, the department shall revoke
the defendant's driver's license, permit, or privilege or prohibit
the defendant from obtaining a license or permit, as provided by
Sections 521.344(e) and (f), Transportation Code.

(k) Notwithstanding Sections 521.344(d)-(i), Transportation Code,
if the judge, under Subsection (h) or (j) of this section, permits
or requires a defendant punished under Section 49.09, Penal Code,
to attend an educational program as a condition of community
supervision, or waives the required attendance for such a program,
and the defendant has previously been required to attend such a
program, or the required attendance at the program had been waived,
the judge nonetheless shall order the suspension of the driver's
license, permit, or operating privilege of that person for a period
determined by the judge according to the following schedule:

(1) not less than 90 days or more than 365 days, if the defendant is
convicted under Sections 49.04-49.08, Penal Code;

(2) not less than 180 days or more than two years, if the defendant
is punished under Section 49.09(a) or (b), Penal Code; or

(3) not less than one year or more than two years, if the person is
convicted of a second or subsequent offense under Sections
49.04-49.08, Penal Code, committed within five years of the date on
which the most recent preceding offense was committed.

(l) If the Department of Public Safety receives notice that a
defendant has been required or permitted to attend a subsequent
educational program under Subsection (h), (j), or (k) of this
section, although the previously required attendance had been
waived, but the judge has not ordered a period of suspension, the
department shall suspend the defendant's driver's license, permit,
or operating privilege, or shall issue an order prohibiting the
defendant from obtaining a license or permit for a period of 365
days.

(m) If a judge revokes the community supervision of a defendant for
an offense under Section 49.04, Penal Code, or an offense involving
the operation of a motor vehicle under Section 49.07, Penal Code,
and the driver's license or privilege to operate a motor vehicle has
not previously been ordered by the judge to be suspended, or if the
suspension was previously probated, the judge shall suspend the
license or privilege for a period provided under Subchapter O,
Chapter 521, Transportation Code. The suspension shall be reported
to the Department of Public Safety as provided under Section
521.347, Transportation Code.

(n) Notwithstanding any other provision of this section or other
law, the judge who places on community supervision a defendant who
is younger than 21 years of age and convicted for an offense under
Sections 49.04-49.08, Penal Code, shall:

(1) order that the defendant's driver's license be suspended for 90
days beginning on the date that the person is placed on community
supervision; and

(2) require as a condition of community supervision that the
defendant not operate a motor vehicle unless the vehicle is
equipped with the device described by Subsection (i) of this
section.

Community Supervision for Offense Committed Because of Bias or Prejudice

 

Sec. 13A. (a) A court granting community supervision to a defendant
convicted of an offense for which the court has made an affirmative
finding under Article 42.014 of this code shall require as a term of
community supervision that the defendant:

(1) serve a term of not more than one year imprisonment in the
institutional division of the Texas Department of Criminal Justice
if the offense is a felony other than an offense under Section
19.02, Penal Code; or

(2) serve a term of not more than 90 days confinement in jail if the
offense is a misdemeanor.

(b) The court may not grant community supervision on its own motion
or on the recommendation of the jury to a defendant convicted of an
offense for which the court has made an affirmative finding under
Article 42.014 of this code if:

(1) the offense is murder under Section 19.02, Penal Code; or

(2) the defendant has been previously convicted of an offense for
which the court made an affirmative finding under Article 42.014 of
this code.

Defendants Placed on Community Supervision for Sexual Offenses Against Children

 

Sec. 13B. (a) If a judge grants community supervision to a defendant
described by Subsection (b) and the judge determines that a child as
defined by Section 22.011(c), Penal Code, was the victim of the
offense, the judge shall establish a child safety zone applicable
to the defendant by requiring as a condition of community
supervision that the defendant:

(1) not:

(A) supervise or participate in any program that includes as
participants or recipients persons who are 17 years of age or
younger and that regularly provides athletic, civic, or cultural
activities; or

(B) go in, on, or within 1,000 feet of a premises where children
commonly gather, including a school, day-care facility,
playground, public or private youth center, public swimming pool,
or video arcade facility; and

(2) attend psychological counseling sessions for sex offenders with
an individual or organization which provides sex offender treatment
or counseling as specified by or approved by the judge or the
community supervision and corrections department officer
supervising the defendant.

(b) This section applies to a defendant placed on community
supervision for an offense:

(1) under Section 43.25 or 43.26, Penal Code;

(2) under Section 21.08, 21.11, 22.011, 22.021, or 25.02, Penal
Code;

(3) under Section 20.04(a)(4), Penal Code, if the defendant
committed the offense with the intent to violate or abuse the victim
sexually; or

(4) under Section 30.02, Penal Code, punishable under Subsection
(d) of that section, if the defendant committed the offense with the
intent to commit a felony listed in Subdivision (2) or (3) of this
subsection.

(c) A community supervision and corrections department officer who
under Subsection (a)(2) specifies a sex offender treatment provider
to provide counseling to a defendant shall contact the provider
before the defendant is released, establish the date, time, and
place of the first session between the defendant and the provider,
and request the provider to immediately notify the officer if the
defendant fails to attend the first session or any subsequent
scheduled session.

(d) Notwithstanding Subsection (a)(1), a judge is not required to
impose the conditions described by Subsection (a)(1) if the
defendant is a student at a primary or secondary school.

(e) At any time after the imposition of a condition under Subsection
(a)(1), the defendant may request the court to modify the child
safety zone applicable to the defendant because the zone as created
by the court:

(1) interferes with the ability of the defendant to attend school or
hold a job and consequently constitutes an undue hardship for the
defendant; or

(2) is broader than is necessary to protect the public, given the
nature and circumstances of the offense.

(f) A community supervision and corrections department officer
supervising a defendant described by Subsection (b) may permit the
defendant to enter on an event-by-event basis into the child safety
zone from which the defendant is otherwise prohibited from entering
if:

(1) the defendant has served at least two years of the period of
community supervision;

(2) the defendant enters the zone as part of a program to reunite
with the defendant's family;

(3) the defendant presents to the officer a written proposal
specifying where the defendant intends to go within the zone, why
and with whom the defendant is going, and how the defendant intends
to cope with any stressful situations that occur;

(4) the sex offender treatment provider treating the defendant
agrees with the officer that the defendant should be allowed to
attend the event; and

(5) the officer and the treatment provider agree on a chaperon to
accompany the defendant and the chaperon agrees to perform that
duty.

(g) Section 10(a) does not prohibit a community supervision and
corrections department officer from altering a condition of
community supervision by permitting a defendant to enter a child
safety zone under Subsection (f).

(h) In this section, "playground," "premises," "school," "video
arcade facility," and "youth center" have the meanings assigned by
Section 481.134, Health and Safety Code.

(i) Notwithstanding Subsection (a)(1)(B), a requirement that a
defendant not go in, on, or within 1,000 feet of certain premises
does not apply to a defendant while the defendant is in or going
immediately to or from a:

(1) community supervision and corrections department office;

(2) premises at which the defendant is participating in a program or
activity required as a condition of community supervision;

(3) residential facility in which the defendant is required to
reside as a condition of community supervision, if the facility was
in operation as a residence for defendants on community supervision
on June 1, 2003; or

(4) private residence at which the defendant is required to reside
as a condition of community supervision.

Community Supervision for Making a Firearm Accessible to a Child

 

Sec. 13C. (a) A court granting community supervision to a defendant
convicted of an offense under Section 46.13, Penal Code, may
require as a condition of community supervision that the defendant:

(1) provide an appropriate public service activity designated by
the court; or

(2) attend a firearms safety course which meets or exceeds the
requirements set by the National Rifle Association as of January 1,
1995, for a firearms safety course that requires not more than 17
hours of instruction.

(b) The court shall require the defendant to pay the cost of
attending the firearms safety course under Subsection (a)(2).

Defendants Placed on Community Supervision for Violent Offenses; Protecting Children

 

Sec. 13D. (a) If a judge grants community supervision to a defendant
convicted of an offense listed in Section 3g(a)(1) or for which the
judgment contains an affirmative finding under Section 3g(a)(2),
the judge, if the nature of the offense for which the defendant is
convicted warrants the establishment of a child safety zone, may
establish a child safety zone applicable to the defendant by
requiring as a condition of community supervision that the
defendant not:

(1) supervise or participate in any program that includes as
participants or recipients persons who are 17 years of age or
younger and that regularly provides athletic, civic, or cultural
activities; or

(2) go in or on, or within a distance specified by the judge of, a
premises where children commonly gather, including a school,
day-care facility, playground, public or private youth center,
public swimming pool, or video arcade facility.

(b) At any time after the imposition of a condition under Subsection
(a), the defendant may request the judge to modify the child safety
zone applicable to the defendant because the zone as created by the
judge:

(1) interferes with the ability of the defendant to attend school or
hold a job and consequently constitutes an undue hardship for the
defendant; or

(2) is broader than is necessary to protect the public, given the
nature and circumstances of the offense.

(c) This section does not apply to a defendant described by Section
13B.

(d) In this section, "playground," "premises," "school," "video
arcade facility," and "youth center" have the meanings assigned by
Section 481.134, Health and Safety Code.

Child Abusers and Family Violence Offenders; Special Conditions

 

Text of Sec. 14 as amended by Acts 1993, 73rd Leg., ch. 165, Sec. 1;
Acts 1999, 76th Leg., ch. 910, Sec. 1; and Acts 2003, 78th Leg., ch.
353, Sec. 4, 5

Sec. 14. (a) If the court grants probation to a person convicted of
an offense described by Article 17.41(a) of this code, the court may
require as a condition of probation that the defendant not directly
communicate with the victim of the offense or go near a residence,
school, or other location, as specifically described in the copy of
terms and conditions, frequented by the victim. In imposing the
condition, the court may grant the defendant supervised access to
the victim. To the extent that a condition imposed under this
subsection conflicts with an existing court order granting
possession of or access to a child, the condition imposed under this
subsection prevails for a period specified by the court granting
probation, not to exceed 90 days.

(b) Repealed by Acts 2003, 78th Leg., ch. 353, Sec. 6.

(c) If the court grants community supervision to a person convicted
of an offense involving family violence, as defined by Section
71.004, Family Code, the court may require the defendant to attend,
at the direction of the community supervision and corrections
department officer, counseling sessions for the elimination of
violent behavior with a licensed counselor, social worker, or other
professional who has been trained in family violence intervention
or to attend a battering intervention and prevention program if
available that meets guidelines adopted by the community justice
assistance division of the Texas Department of Criminal Justice.
If the court requires the defendant to attend counseling or a
program, the court shall require the defendant to begin attendance
not later than the 60th day after the date the court grants
community supervision, notify the community supervision and
corrections department officer of the name, address, and phone
number of the counselor or program, and report the defendant's
attendance to the officer. The court shall require the defendant to
pay all the reasonable costs of the counseling sessions or
attendance in the program on a finding that the defendant is
financially able to make payment. If the court finds the defendant
is unable to make payment, the court shall make the counseling
sessions or enrollment in the program available without cost to the
defendant. The court may also require the defendant to pay all or a
part of the reasonable costs incurred by the victim for counseling
made necessary by the offense, on a finding that the defendant is
financially able to make payment. The court may order the defendant
to make payments under this subsection for a period not to exceed
one year after the date on which the order is entered.

Text of Sec. 14 as amended by Acts 1993, 73rd Leg., ch. 900, Sec. 4.01; Acts 1995, 74th Leg., ch. 76, Sec. 3.09; Acts 1995, 74th Leg., ch. 321, Sec. 3.004 and 3.005; Acts 1999, 76th Leg., ch. 1188, Sec. 1.44; Acts 2003, 78th Leg., ch. 209, Sec. 63; and Acts 2003, 78th Leg., ch. 1310, Sec. 2.

 

Sec. 14. (a) If a court places a defendant on community supervision
under any provision of this article as an alternative to
imprisonment, the judge may require as a condition of community
supervision that the defendant serve a term of confinement and
treatment in a substance abuse treatment facility operated by the
Texas Department of Criminal Justice under Section 493.009,
Government Code. A term of confinement and treatment imposed under
this section must be an indeterminate term of not more than one year
or less than 90 days.

(b) A judge may impose the condition of community supervision
created under this section if:

(1) the judge places the defendant on community supervision under
this article;

(2) the defendant is charged with or convicted of a felony other
than:

(A) a felony under Section 21.11, 22.011, or 22.021, Penal Code; or

(B) criminal attempt of a felony under Section 21.11, 22.011, or
22.021, Penal Code; and

(3) the judge makes an affirmative finding that:

(A) drug or alcohol abuse significantly contributed to the
commission of the crime or violation of community supervision; and

(B) the defendant is a suitable candidate for treatment, as
determined by the suitability criteria established by the Texas
Board of Criminal Justice under Section 493.009(b), Government
Code.

(c) If a judge requires as a condition of community supervision that
the defendant serve a term of confinement and treatment in a
substance abuse treatment facility under this section, the judge
shall also require as a condition of community supervision that on
release from the facility the defendant:

(1) participate in a drug or alcohol abuse continuum of care
treatment plan; and

(2) pay a fee in an amount established by the judge for residential
aftercare required as part of the treatment plan.

(d) The Texas Commission on Alcohol and Drug Abuse shall develop the
continuum of care treatment plan.

Text of subsec. (e) as amended by Acts 2003, 78th Leg., ch 1310, Sec. 2.

 

(e) The clerk of a court that collects a fee imposed under
Subsection (c)(2) shall remit the fee to the comptroller not later
than the last day of the month following the end of the calendar
quarter in which the fee is collected, and the comptroller shall
deposit the fee into the general revenue fund. If the clerk does
not collect a fee imposed under Subsection (c)(2), the clerk is not
required to file any report required by the comptroller relating to
the collection of the fee. In requiring the payment of a fee under
Subsection (c)(2), the judge shall consider fines, fees, and other
necessary expenses for which the defendant is obligated in
establishing the amount of the fee. The judge may not:

(1) establish the fee in an amount that is greater than 25 percent
of the defendant's gross income while the defendant is a
participant in residential aftercare; or

(2) require the defendant to pay the fee at any time other than a
time at which the defendant is both employed and a participant in
residential aftercare.

Text of subsec. (e) as amended by Acts 2003, 78th Leg. ch. 209, Sec. 63(a)

 

(e) The clerk of a court that collects a fee imposed under
Subsection (c)(2) shall deposit the fee to be sent to the
comptroller as provided by Subchapter B, Chapter 133, Local
Government Code, and the comptroller shall deposit the fee into the
general revenue fund. In requiring the payment of a fee under
Subsection (c)(2), the judge shall consider fines, fees, and other
necessary expenses for which the defendant is obligated in
establishing the amount of the fee. The judge may not:

(1) establish the fee in an amount that is greater than 25 percent
of the defendant's gross income while the defendant is a
participant in residential aftercare; or

(2) require the defendant to pay the fee at any time other than a
time at which the defendant is both employed and a participant in
residential aftercare.

Procedures Relating to State Jail Felony Community Supervision

 

Sec. 15. (a)(1) On conviction of a state jail felony under Section
481.115(b), 481.1151(b)(1), 481.116(b), 481.121(b)(3), or
481.129(g)(1), Health and Safety Code, that is punished under
Section 12.35(a), Penal Code, the judge shall suspend the
imposition of the sentence and place the defendant on community
supervision, unless the defendant has previously been convicted of
a felony, in which event the judge may suspend the imposition of the
sentence and place the defendant on community supervision or may
order the sentence to be executed. The provisions of this
subdivision requiring the judge to suspend the imposition of the
sentence and place the defendant on community supervision do not
apply to a defendant who under Section 481.1151(b)(1), Health and
Safety Code, possessed more than five abuse units of the controlled
substance or under Section 481.121(b)(3), Health and Safety Code,
possessed more than one pound of marihuana.

(2) On conviction of a state jail felony punished under Section
12.35(a), Penal Code, other than a state jail felony listed in
Subdivision (1), the judge may suspend the imposition of the
sentence and place the defendant on community supervision or may
order the sentence to be executed.

(3) The judge may suspend in whole or in part the imposition of any
fine imposed on conviction.

(b) The minimum period of community supervision a judge may impose
under this section is two years. The maximum period of community
supervision a judge may impose under this section is five years,
except that the judge may extend the maximum period of community
supervision under this section to not more than 10 years. A judge
may extend a period of community supervision under this section at
any time during the period of community supervision, or if a motion
for revocation of community supervision is filed before the period
of community supervision ends, before the first anniversary of the
expiration of the period of community supervision.

(c)(1) A judge may impose any condition of community supervision on
a defendant that the judge could impose on a defendant placed on
supervision for an offense other than a state jail felony, except
that the judge may impose on the defendant a condition that the
defendant submit to a period of confinement in a county jail under
Section 5 or 12 of this article only if the term does not exceed 90
days.

(2) Except as otherwise provided by Subdivision (3), a judge who
places a defendant on community supervision for an offense listed
in Subsection (a)(1) shall require the defendant to comply with

substance abuse treatment conditions that are consistent with
standards adopted by the Texas Board of Criminal Justice under
Section 509.015, Government Code.

(3) A judge is not required to impose conditions described by
Subdivision (2) if the judge makes an affirmative finding that the
defendant does not require imposition of the conditions to
successfully complete the period of community supervision.

(d) A judge may impose as a condition of community supervision that
a defendant submit at the beginning of the period of community
supervision to a term of confinement in a state jail felony facility
for a term of not less than 90 days or more than 180 days, or a term
of not less than 90 days or more than one year if the defendant is
convicted of an offense punishable as a state jail felony under
Section 481.112, 481.1121, 481.113, or 481.120, Health and Safety
Code. A judge may not require a defendant to submit to both the term
of confinement authorized by this subsection and a term of
confinement under Section 5 or 12 of this article. For the purposes
of this subsection, a defendant previously has been convicted of a
felony regardless of whether the sentence for the previous
conviction was actually imposed or was probated and suspended.

(e) If a defendant violates a condition of community supervision
imposed on the defendant under this article and after a hearing
under Section 21 of this article the judge modifies the defendant's
community supervision, the judge may impose any sanction permitted
by Section 22 of this article, except that if the judge requires a
defendant to serve a period of confinement in a state jail felony
facility as a modification of the defendant's community
supervision, the minimum term of confinement is 90 days and the
maximum term of confinement is 180 days.

(f)(1) If a defendant violates a condition of community supervision
imposed on the defendant under this article and after a hearing
under Section 21 of this article the judge revokes the defendant's
community supervision, the judge shall dispose of the case in the
manner provided by Section 23 of this article.

(2) The court retains jurisdiction over the defendant for the
period during which the defendant is confined in a state jail. At
any time after the 75th day after the date the defendant is received
into the custody of a state jail, the judge on the judge's own
motion, on the motion of the attorney representing the state, or on
the motion of the defendant may suspend further execution of the
sentence and place the defendant on community supervision under the
conditions of this section.

(3) When the defendant or the attorney representing the state files
a written motion requesting suspension by the judge of further
execution of the sentence and placement of the defendant on
community supervision, the clerk of the court, if requested to do so
by the judge, shall request a copy of the defendant's record while
confined from the facility director of the state jail felony
facility in which the defendant is confined or, if the defendant is
confined in county jail, from the sheriff. On receipt of the
request, the facility director or the sheriff shall forward to the
judge, as soon as possible, a full and complete copy of the
defendant's record while confined. When the defendant files a
written motion requesting suspension of further execution of the
sentence and placement on community supervision, he shall
immediately deliver or cause to be delivered a true and correct copy
of the motion to the office of the attorney representing the state.
The judge may deny the motion without a hearing but may not grant
the motion without holding a hearing and providing the attorney
representing the state and the defendant the opportunity to present
evidence on the motion.

(g) The facility director of a state jail felony facility shall
report to a judge who orders a defendant confined in the facility as
a condition of community supervision or as sanction imposed as a
modification of community supervision under Subsection (e) not less
than every 90 days on the defendant's programmatic progress,
conduct, and conformity to the rules of the facility.

(h)(1) A defendant confined in a state jail felony facility does not
earn good conduct time for time served in the facility.

(2) A judge may credit against any time a defendant is required to
serve in a state jail felony facility time served by the defendant
in county jail from the time of the defendant's arrest and
confinement until sentencing by the trial court.

(3) A judge shall credit against any time a defendant is
subsequently required to serve in a state jail felony facility
after revocation of community supervision any time served by the
defendant in a state jail felony facility after sentencing.

Enhanced Disorderly Conduct and Public Intoxication Offenses

 

Sec. 15A. On conviction of an offense for which punishment is
enhanced under Section 12.43(c), Penal Code, the court may suspend
the imposition of the sentence and place the defendant on community
supervision if the court finds that the defendant would benefit
from community supervision and enters its finding on the record.
The judge may suspend in whole or in part the imposition of any fine
imposed on conviction. All provisions of this article applying to a
defendant placed on community supervision for a misdemeanor apply
to a defendant placed on community supervision under this section,
except that the court shall require the defendant as a condition of
community supervision to:

(1) submit to diagnostic testing for addiction to alcohol or a
controlled substance or drug;

(2) submit to a psychological assessment;

(3) if indicated as necessary by testing and assessment,
participate in an alcohol or drug abuse treatment or education
program; and

(4) pay the costs of testing, assessment, and treatment or
education, either directly or as a court cost.

Community Service

 

Sec. 16. (a) A judge shall require as a condition of community
supervision, that the defendant work a specified number of hours at
a community service project or projects for an organization or
organizations approved by the judge and designated by the
department, unless the judge determines and notes on the order
placing the defendant on community supervision that:

(1) the defendant is physically or mentally incapable of
participating in the project;

(2) participating in the project will work a hardship on the
defendant or the defendant's dependents;

(3) the defendant is to be confined in a substance abuse punishment
facility as a condition of community supervision; or

(4) there is other good cause shown.

(b) The amount of community service work ordered by the judge:

(1) may not exceed 1,000 hours and may not be less than 320 hours for
an offense classified as a first degree felony;

(2) may not exceed 800 hours and may not be less than 240 hours for
an offense classified as a second degree felony;

(3) may not exceed 600 hours and may not be less than 160 hours for
an offense classified as a third degree felony;

(4) may not exceed 400 hours and may not be less than 120 hours for
an offense classified as a state jail felony;

(5) may not:

(A) exceed 600 hours or be less than 160 hours for an offense under
Section 30.04, Penal Code, classified as a Class A misdemeanor; or

(B) exceed 200 hours or be less than 80 hours for any other offense
classified as a Class A misdemeanor or for any other misdemeanor for
which the maximum permissible confinement, if any, exceeds six
months or the maximum permissible fine, if any, exceeds $4,000; and

(6) may not exceed 100 hours and may not be less than 24 hours for an
offense classified as a Class B misdemeanor or for any other
misdemeanor for which the maximum permissible confinement, if any,
does not exceed six months and the maximum permissible fine, if any,
does not exceed $4,000.

(c) A defendant required to perform community service under this
section is not a state employee for the purposes of Article 8309g or
8309h, Revised Statutes.

(d) If the court makes an affirmative finding under Article 42.014
of this code, the judge may order the defendant to perform community
service under this section at a project designated by the judge that
primarily serves the person or group who was the target of the
defendant. If the judge orders community service under this
subsection the judge shall order the defendant to perform not less
than:

(1) 100 hours of service if the offense is a misdemeanor; or

(2) 300 hours of service if the offense is a felony.

Change of Residence; Leaving the State

 

Sec. 17. (a) If, for good and sufficient reasons, a defendant
desires to change his residence within the state, the change may be
effected by application to the supervising supervision officer,
which change shall be subject to the judge's consent and subject to
such regulations as the judge may require in the absence of an
officer in the locality to which the defendant is transferred.

(b) Any defendant who removes himself from the state without
permission of the judge having jurisdiction of the case shall be
considered a fugitive from justice and shall be subject to
extradition as provided by law.

Community Corrections Facilities

 

Sec. 18. (a) In this section, "community corrections facility" has
the meaning assigned by Section 509.001, Government Code.

(b) If a judge requires as a condition of community supervision that
the defendant serve a term in a community corrections facility, the
term may not be more than 24 months.

(c) A defendant granted community supervision under this section
may not earn good conduct credit for time spent in a community
corrections facility or apply time spent in the facility toward
completion of a prison sentence if the community supervision is
revoked.

(d) As directed by the judge, the corrections facility director
shall file with the community supervision and corrections
department director a copy of an evaluation made by the director of
the defendant's behavior and attitude at the facility. The
director shall examine the evaluation, make written comments on the
evaluation that he considers relevant, and file the evaluation and
comments with the judge who granted community supervision to the
defendant. If the evaluation indicates that the defendant has made
significant progress toward compliance with court-ordered
conditions of community supervision, the court may release the
defendant from the community corrections facility. The defendant
shall serve the remainder of his community supervision under any
terms and conditions the court imposes under this article.

(e) No later than 18 months after the date on which a defendant is
granted community supervision under this section, the community
corrections facility director shall file with the community
supervision and corrections department director a copy of an
evaluation made by the director of the defendant's behavior and
attitude at the center. The director shall examine the evaluation,
make written comments on the evaluation that he considers relevant,
and file the evaluation and comments with the judge who granted
community supervision to the defendant. If the report indicates
that the defendant has made significant progress toward
court-ordered conditions of community supervision, the judge shall
modify the judge's sentence and release the defendant in the same
manner as provided by Subsection (d) of this section. If the report
indicates that the defendant would benefit from continued
participation in the community corrections facility program, the
judge may order the defendant to remain at the community
corrections facility for a period determined by the judge. If the
report indicates that the defendant has not made significant
progress toward rehabilitation, the judge may revoke community
supervision and order the defendant to the term of confinement
specified in the defendant's sentence.

(f) If ordered by the judge who placed the defendant on community
supervision, a community corrections facility director shall
attempt to place a defendant as a worker in a community-service
project of a type described by Section 16 of this article.

(g) A defendant participating in a program under this article shall
be confined in the community corrections facility at all times
except for:

(1) time spent attending and traveling to and from an education or
rehabilitation program as ordered by the court;

(2) time spent attending and traveling to and from a
community-service project;

(3) time spent away from the facility for purposes described by this
section; and

(4) time spent traveling to and from work, if applicable.

(h) A judge that requires as a condition of community supervision
that the defendant serve a term in a community corrections facility
may not impose a subsequent term in a community corrections
facility or jail during the same supervision period that, when
added to the terms previously imposed, exceeds 36 months.

(i) If a defendant participating in a program under this section is
not required by the judge to deliver the defendant's salary to the
restitution center director, the employer of the defendant shall
deliver the salary to the director. The director shall deposit the
salary into a fund to be given to the defendant on release after
deducting:

(1) the cost to the center for the defendant's food, housing, and
supervision;

(2) necessary travel expense to and from work and community-service
projects and other incidental expenses of the defendant;

(3) support of the defendant's dependents; and

(4) restitution to the victims of an offense committed by the
defendant.

Fees

 

Sec. 19. (a) Except as otherwise provided by this subsection, a
judge granting community supervision shall fix a fee of not less
than $25 and not more than $60 per month to be paid to the court by
the defendant during the community supervision period. The judge
may make payment of the fee a condition of granting or continuing
the community supervision. The judge may waive or reduce the fee or
suspend a monthly payment of the fee if the judge determines that
payment of the fee would cause the defendant a significant
financial hardship.

(b) The judge shall deposit the fees received under Subsection (a)
of this section in the special fund of the county treasury, to be
used for the same purposes for which state aid may be used under
Chapter 76, Government Code.

(c) A judge receiving a defendant for supervision as authorized by
Article 42.11 of this code may impose on the defendant any term of
community supervision authorized by this article and may require
the defendant to pay the fee authorized by Subsection (a) of this
section. Fees received under this section shall be deposited in the
same manner as required by Subsection (b) of this section.

(d) For the purpose of determining when fees due on conviction are
to be paid to any officer or officers, the placing of the defendant
on community supervision shall be considered a final disposition of
the case, without the necessity of waiting for the termination of
the period of community supervision.

(e) If the judge grants community supervision to a defendant
convicted of an offense under Section 21.08, 21.11, 22.011, 22.021,
25.02, 43.25, or 43.26, Penal Code, the judge shall require as a
condition of community supervision that the defendant pay to the
community corrections and supervision department officer
supervising the defendant a community supervision fee of $5 each
month during the period of community supervision. The fee is in
addition to court costs or any other fee imposed on the defendant.

Text of subsec. (f) as amended by Acts 2003, 78th Leg., ch. 1310, Sec. 3

 

(f) A community corrections and supervision department shall remit
fees collected under Subsection (e) of this section to the
comptroller not later than the last day of the month following the
end of the calendar quarter in which the fee is collected. The
comptroller shall deposit the fee in the special revenue fund to the
credit of the sexual assault program fund established under Section
44.0061, Health and Safety Code. If the department does not collect
a fee imposed under Subsection (e), the department is not required
to file any report required by the comptroller relating to the
collection of the fee.

Text of subsec. (f) as amended by Acts 2003, 78th Leg., ch. 209, Sec. 64(a)

 

(f) A community corrections and supervision department shall
deposit the fees collected under Subsection (e) of this section to
be sent to the comptroller as provided by Subchapter B, Chapter 133,
Local Government Code. The comptroller shall deposit the fee in the
sexual assault program fund under Section 420.008, Government Code.

(g) If the judge places on community supervision a person required
to register as a sex offender under Chapter 62, the judge shall
require as a condition of community supervision that the person pay
to the person's supervising officer an amount equal to the cost, as
evidenced by written receipt, incurred by the applicable local law
enforcement authority for providing notice for publication to a
newspaper as required by Chapter 62. A political subdivision
served by the local law enforcement authority may bill any unpaid
amount, identified separately, within a bill for a utility service
provided by the political subdivision to the person and may suspend
service of the utility to a person who is delinquent in payment of
the amount until the delinquent claim is fully paid to the political
subdivision. A community supervision and corrections department or
political subdivision, as applicable, shall remit an amount
collected under this subsection to the applicable local law
enforcement authority. In this subsection, "utility service" means
water, wastewater, sewer, gas, garbage, electricity, or drainage
service.

(h) In a community supervision revocation hearing at which it is
alleged only that the person violated the terms of community
supervision by failing to make a payment under Subsection (g), the
inability of the person to pay as ordered by the judge is an
affirmative defense to revocation, which the person must prove by a
preponderance of the evidence.

Reduction or Termination of Community Supervision

 

Sec. 20. (a) At any time, after the defendant has satisfactorily
completed one-third of the original community supervision period or
two years of community supervision, whichever is less, the period
of community supervision may be reduced or terminated by the judge.
Upon the satisfactory fulfillment of the conditions of community
supervision, and the expiration of the period of community
supervision, the judge, by order duly entered, shall amend or
modify the original sentence imposed, if necessary, to conform to
the community supervision period and shall discharge the defendant.
If the judge discharges the defendant under this section, the judge
may set aside the verdict or permit the defendant to withdraw his
plea, and shall dismiss the accusation, complaint, information or
indictment against the defendant, who shall thereafter be released
from all penalties and disabilities resulting from the offense or
crime of which he has been convicted or to which he has pleaded
guilty, except that:

(1) proof of the conviction or plea of guilty shall be made known to
the judge should the defendant again be convicted of any criminal
offense; and

(2) if the defendant is an applicant for a license or is a licensee
under Chapter 42, Human Resources Code, the Texas Department of
Human Services may consider the fact that the defendant previously
has received community supervision under this article in issuing,
renewing, denying, or revoking a license under that chapter.

(b) This section does not apply to a defendant convicted of an
offense under Sections 49.04-49.08, Penal Code, a defendant
convicted of an offense for which on conviction registration as a
sex offender is required under Chapter 62, as added by Chapter 668,
Acts of the 75th Legislature, Regular Session, 1997, or a defendant
convicted of an offense punishable as a state jail felony.

Violation of Community Supervision: Detention and Hearing

 

Sec. 21. (a) At any time during the period of community supervision
the judge may issue a warrant for violation of any of the conditions
of the community supervision and cause a defendant convicted under
Section 43.02, Penal Code, or under Chapter 481, Health and Safety
Code, or Sections 485.031 through 485.035, Health and Safety Code,
or placed on deferred adjudication after being charged with one of
those offenses, to be subject to the control measures of Section
81.083, Health and Safety Code, and to the court-ordered-management
provisions of Subchapter G, Chapter 81, Health and Safety Code.

(b) At any time during the period of community supervision the judge
may issue a warrant for violation of any of the conditions of the
community supervision and cause the defendant to be arrested. Any
supervision officer, police officer or other officer with power of
arrest may arrest such defendant with or without a warrant upon the
order of the judge to be noted on the docket of the court. A
defendant so arrested may be detained in the county jail or other
appropriate place of confinement until he can be taken before the
judge. Such officer shall forthwith report such arrest and
detention to such judge. If the defendant has not been released on
bail, on motion by the defendant the judge shall cause the defendant
to be brought before the judge for a hearing within 20 days of
filing of said motion, and after a hearing without a jury, may
either continue, extend, modify, or revoke the community
supervision. A judge may revoke the community supervision of a
defendant who is imprisoned in a penal institution without a
hearing if the defendant in writing before a court of record in the
jurisdiction where imprisoned waives his right to a hearing and to
counsel, affirms that he has nothing to say as to why sentence
should not be pronounced against him, and requests the judge to
revoke community supervision and to pronounce sentence. In a
felony case, the state may amend the motion to revoke community
supervision any time up to seven days before the date of the
revocation hearing, after which time the motion may not be amended
except for good cause shown, and in no event may the state amend the
motion after the commencement of taking evidence at the hearing.
The judge may continue the hearing for good cause shown by either
the defendant or the state.

(c) In a community supervision revocation hearing at which it is
alleged only that the defendant violated the conditions of
community supervision by failing to pay compensation paid to
appointed counsel, community supervision fees, court costs,
restitution, or reparations, the inability of the defendant to pay
as ordered by the judge is an affirmative defense to revocation,
which the defendant must prove by a preponderance of evidence.

(d) A defendant has a right to counsel at a hearing under this
section.

(e) A court retains jurisdiction to hold a hearing under Subsection
(b) and to revoke, continue, or modify community supervision,
regardless of whether the period of community supervision imposed
on the defendant has expired, if before the expiration the attorney
representing the state files a motion to revoke, continue, or
modify community supervision and a capias is issued for the arrest
of the defendant.

Continuation or Modification

 

Sec. 22. (a) If after a hearing under Section 21 of this article a
judge continues or modifies community supervision after
determining that the defendant violated a condition of community
supervision, the judge may impose any other conditions the judge
determines are appropriate, including:

(1) a requirement that the defendant perform community service for
a number of hours specified by the court under Section 16 of this
article, or an increase in the number of hours that the defendant
has previously been required to perform under those sections in an
amount not to exceed double the number of hours permitted by Section
16;

(2) an increase in the period of community supervision, in the
manner described by Subsection (b) of this section;

(3) an increase in the defendant's fine, in the manner described by
Subsection (d) of this section; or

(4) the placement of the defendant in a substance abuse felony
punishment program operated under Section 493.009, Government
Code, if:

(A) the defendant is convicted of a felony other than:

(i) a felony under Section 21.11, 22.011, or 22.021, Penal Code; or

(ii) criminal attempt of a felony under Section 21.11, 22.011, or
22.021, Penal Code; and

(B) the judge makes an affirmative finding that:

(i) drug or alcohol abuse significantly contributed to the
commission of the crime or violation of community supervision; and

(ii) the defendant is a suitable candidate for treatment, as
determined by the suitability criteria established by the Texas
Board of Criminal Justice under Section 493.009(b), Government
Code.

(b) If the judge imposes a sanction under Subsection (a)(4) of this
section, the judge shall also impose a condition requiring the
defendant on successful completion of the program to participate in
a drug or alcohol abuse continuum of care program.

(c) The judge may extend a period of community supervision under
this section as often as the judge determines is necessary, but the
period of community supervision in a first, second, or third degree
felony case may not exceed 10 years and, except as otherwise
provided by this subsection, the period of community supervision in
a misdemeanor case may not exceed three years. The judge may extend
the period of community supervision in a misdemeanor case for any
period the judge determines is necessary, not to exceed an
additional two years beyond the three-year limit, if the defendant
fails to pay a previously assessed fine, costs, or restitution and
the judge determines that extending the period of supervision
increases the likelihood that the defendant will fully pay the
fine, costs, or restitution. A court may extend a period of
community supervision under this section at any time during the
period of supervision or, if a motion for revocation of community
supervision is filed before the period of supervision ends, before
the first anniversary of the date on which the period of supervision
expires.

(d) A judge may impose a sanction on a defendant described by
Subsection (a)(3) of this section by increasing the fine imposed on
the defendant. The original fine imposed on the defendant and an
increase in the fine imposed under this subsection may not exceed
the maximum fine for the offense for which the defendant was
sentenced. The judge shall deposit money received from an increase
in the defendant's fine under this subsection in the special fund of
the county treasury to be used for the same purposes for which state
aid may be used under Chapter 76, Government Code.

Extending Supervision Period for Sex Offenders

 

Sec. 22A. (a) If a defendant is placed on community supervision
after receiving a grant of deferred adjudication for or being
convicted of an offense under Section 21.11, 22.011, or 22.021,
Penal Code, at any time during the period of community supervision,
the judge may extend the period of community supervision as
provided by this section.

(b) If at a hearing at which the defendant is provided the same
rights as are provided a defendant at a hearing under Section 21 the
judge determines that the defendant has not sufficiently
demonstrated a commitment to avoid future criminal behavior and
that the release of the defendant from supervision would endanger
the public, the judge may extend the period of supervision for a
period not to exceed 10 additional years.

(c) A judge may extend a period of community supervision under this
section only once; however, the judge may extend a period of
community supervision for a defendant under both Section 22(c) and
this section, and the prohibition in Section 22(c) against a period
of community supervision in a felony case exceeding 10 years does
not apply to a defendant for whom community supervision is
increased under this section or under both Section 22(c) and this
section.

Revocation

 

Sec. 23. (a) If community supervision is revoked after a hearing
under Section 21 of this article, the judge may proceed to dispose
of the case as if there had been no community supervision, or if the
judge determines that the best interests of society and the
defendant would be served by a shorter term of confinement, reduce
the term of confinement originally assessed to any term of
confinement not less than the minimum prescribed for the offense of
which the defendant was convicted. The judge shall enter the amount
of restitution or reparation owed by the defendant on the date of
revocation in the judgment in the case.

(b) No part of the time that the defendant is on community
supervision shall be considered as any part of the time that he
shall be sentenced to serve. The right of the defendant to appeal
for a review of the conviction and punishment, as provided by law,
shall be accorded the defendant at the time he is placed on
community supervision. When he is notified that his community
supervision is revoked for violation of the conditions of community
supervision and he is called on to serve a sentence in a jail or in
the institutional division of the Texas Department of Criminal
Justice, he may appeal the revocation.

Due Diligence Defense

 

Sec. 24. For the purposes of a hearing under Section 5(b) or 21(b),
it is an affirmative defense to revocation for an alleged failure to
report to a supervision officer as directed or to remain within a
specified place that a supervision officer, peace officer, or other
officer with the power of arrest under a warrant issued by a judge
for that alleged violation failed to contact or attempt to contact
the defendant in person at the defendant's last known residence
address or last known employment address, as reflected in the files
of the department serving the county in which the order of community
supervision was entered.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1744, ch. 659, Sec. 29, eff. Aug. 28, 1967; Acts 1973,
63rd Leg., p. 568, ch. 241, Sec. 1, eff. Aug. 27, 1973; Acts 1973,
63rd Leg., p. 1235, ch. 447, Sec. 1, eff. June 14, 1973; Acts 1973,
63rd Leg., p. 1269, ch. 464, Sec. 1, eff. June 14, 1973; Acts 1975,
64th Leg., p. 263, ch. 110, Sec. 1, eff. Sept. 1, 1975; Acts 1975,
64th Leg., p. 572, ch. 231, Sec. 1, eff. Sept. 1, 1975; Acts 1975,
64th Leg., p. 909, ch. 341, Sec. 4, eff. June 19, 1975; Acts 1975,
64th Leg., p. 1243, ch. 467, Sec. 1, eff. June 19, 1975; Acts 1975,
64th Leg., p. 1244, ch. 468, Sec. 1, eff. Sept. 1, 1975; Acts 1975,
64th Leg., p. 2150, ch. 692, Sec. 1, eff. Sept. 1, 1975; Acts 1977,
65th Leg., p. 38, ch. 22, Sec. 1, eff. Aug. 29, 1977; Acts 1977,
65th Leg., p. 102, ch. 47, Sec. 1, eff. April 5, 1977; Acts 1977,
65th Leg., p. 821, ch. 306, Sec. 1, 2, eff. Aug. 29, 1977; Acts
1977, 65th Leg., p. 909, ch. 342, Sec. 1, 2, eff. Aug. 29, 1977;
Acts 1977, 65th Leg., p. 914, ch. 343, Sec. 2, eff. Sept. 1, 1978;
Acts 1977, 65th Leg., p. 925, ch. 347, Sec. 1, 2, eff. Aug. 29, 1977;
Acts 1977, 65th Leg., p. 1058, ch. 388, Sec. 1, 2, eff. Aug. 29,
1977; Acts 1977, 65th Leg., p. 1850, ch. 735, Sec. 2.133, eff. Aug.
29, 1977.

Sec. 6 amended by Acts 1979, 66th Leg., p. 1338, ch. 605, Sec. 4,
eff. Aug. 27, 1979; Secs. 6a(b), 10 amended by Acts 1979, 66th
Leg., p. 1336, ch. 605, Sec. 1, 2, eff. Aug. 27, 1979; Sec. 8(a)
amended by Acts 1979, 66th Leg., p. 265, ch. 139, Sec. 1, eff. Aug.
27, 1979; Sec. 2 amended by Acts 1981, 67th Leg., p. 353, ch. 141,
Sec. 2, eff. Sept. 1, 1981; Sec. 3a amended by Acts 1981, 67th Leg.,
p. 2466, ch. 639, Sec. 2, eff. Sept. 1, 1981; Sec. 3d(a) amended by
Acts 1981, 67th Leg., p. 2263, ch. 544, Sec. 1, eff. Sept. 1, 1981;
Sec. 3e(a) amended by Acts 1981, 67th Leg., p. 154, ch. 69, Sec. 1,
eff. Sept. 1, 1981; Sec. 3e(b) amended by Acts 1981, 67th Leg., p.
154, ch. 69, Sec. 2, eff. Sept. 1, 1981; Sec. 3e(c) added by Acts
1981, 67th Leg., p. 154, ch. 69, Sec. 3, eff. Sept. 1, 1981; Sec.
3f(c) added by Acts 1981, 67th Leg., p. 707, ch. 268, Sec. 16, eff.
Sept. 1, 1981; Sec. 3f(c) added by Acts 1981, 67th Leg., p. 741, ch.
276, Sec. 3, eff. Sept. 1, 1981; Sec. 5 amended by Acts 1981, 67th
Leg., p. 155, ch. 69, Sec. 4, eff. Sept. 1, 1981; Sec. 8(b) amended
by Acts 1981, 67th Leg., p. 811, ch. 291, Sec. 118, eff. Sept. 1,
1981; Sec. 8(c) amended by Acts 1981, 67th Leg., p. 2246, ch. 538,
Sec. 1, 2, eff. June 12, 1981; Sec. 10A added by Acts 1981, 67th
Leg., p. 2464, ch. 638, Sec. 1, eff. Sept. 1, 1981; Sec. 13 amended
by Acts 1981, 67th Leg., p. 354, ch. 141, Sec. 3, eff. Sept. 1, 1981;
Sec. 14A amended by Acts 1981, 67th Leg., p. 354, ch. 141, Sec. 4,
eff. Sept. 1, 1981; Sec. 15(f), (g) amended, Sec. 15(h) to (j)
added and Sec. 15(k), (l) relettered from Sec. 15(h), (i) and
amended by Acts 1981, 67th Leg., p. 355, ch. 141, Sec. 5, eff. Sept.
1, 1981; Secs. 28 to 30 amended by Acts 1981, 67th Leg., p. 356, ch.
141, Sec. 6 to 8, eff. Sept. 1, 1981; Sec. 32 amended by Acts 1981,
67th Leg., p. 357, ch. 141, Sec. 9, eff. Sept. 1, 1981; Sec. 1
amended by Acts 1983, 68th Leg., p. 974, ch. 232, Sec. 1; Sec.
3d(a), (d) amended by Acts 1983, 68th Leg., p. 1587, ch. 303, Sec.
8, eff. Jan. 1, 1984; Secs. 3e(a), 3f(a) amended by Acts 1983, 68th
Leg., p. 5319, ch. 977, Sec. 9, 10, eff. Sept. 1, 1983; Sec. 3f(c)
amended by Acts 1983, 68th Leg., p. 2415, ch. 425, Sec. 25, eff.
Aug. 29, 1983; Sec. 4 amended by Acts 1983, 68th Leg., p. 1587, ch.
303, Sec. 9, eff. Jan. 1, 1984; Acts 1983, 68th Leg., p. 1790, ch.
343, Sec. 1, eff. Aug. 29, 1983; Sec. 6 amended by Acts 1983, 68th
Leg., p. 1056, ch. 237, Sec. 1, eff. Aug. 29, 1983; Acts 1983, 68th
Leg., p. 4669, ch. 811, Sec. 1, eff. Aug. 29, 1983; Acts 1983, 68th
Leg., p. 1588, ch. 303, Sec. 10, eff. Jan. 1, 1984; Sec. 6b amended
by Acts 1983, 68th Leg., p. 1590, ch. 303, Sec. 11, eff. Jan. 1,
1984; Sec. 6c added by Acts 1983, 68th Leg., p. 1057, ch. 237, Sec.
2, eff. Aug. 29, 1983; Acts 1983, 68th Leg., p. 1711, ch. 325, Sec.
2, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 4877, ch. 863, Sec.
1, 2, eff. Aug. 29, 1983; Sec. 7 amended by Acts 1983, 68th Leg., p.
1591, ch. 303, Sec. 12, eff. Jan. 1, 1984; Secs. 8(a), 10(a), (b)
amended by Acts 1983, 68th Leg., p. 1061, ch. 237, Sec. 3, 4, eff.
Aug. 29, 1983; Sec. 10(a) amended by Acts 1983, 68th Leg., p. 4572,
ch. 762, Sec. 1, eff. Aug. 29, 1983; Sec. 10(g) amended by Acts
1983, 68th Leg., p. 4535, ch. 747, Sec. 1, eff. June 19, 1983; Acts
1983, 68th Leg., p. 5003, ch. 897, Sec. 1, eff. Aug. 29, 1983; Sec.
10(j) added by Acts 1983, 68th Leg., p. 2038, ch. 372, Sec. 1, eff.
Aug. 29, 1983; Acts 1983, 68th Leg., p. 4535, ch. 747, Sec. 1, eff.
June 19, 1983; Sec. 10(j) to (n) added by Acts 1983, 68th Leg., p.
5003, ch. 897, Sec. 1, eff. Aug. 29, 1983; Sec. 10A(a) amended by
Acts 1983, 68th Leg., p. 1592, ch. 303, Sec. 13, eff. Jan. 1, 1984.

Sec. 12 amended by Acts 1983, 68th Leg., p. 148, ch. 40, Sec. 2, eff.
April 26, 1983; Acts 1983, 68th Leg., p. 974, ch. 232, Sec. 1; Sec.
14A(c) amended by Acts 1983, 68th Leg., p. 976, ch. 232, Sec. 2;
Sec. 15(a) amended by Acts 1983, 68th Leg., p. 149, ch. 40, Sec. 3,
eff. April 26, 1983; Acts 1983, 68th Leg., p. 976, ch. 232, Sec. 3;
Sec. 15(m) added by Acts 1983, 68th Leg., p. 3193, ch. 548, Sec. 2,
eff. June 19, 1983; Sec. 21(a) amended by Acts 1983, 68th Leg., p.
977, ch. 232, Sec. 4; Sec. 22 amended by Acts 1983, 68th Leg., p.
977, ch. 232, Sec. 5; Sec. 32 amended by Acts 1983, 68th Leg., p.
3194, ch. 548, Sec. 3, eff. June 19, 1983. Amended by Acts 1985,
69th Leg., ch. 427, Sec. 1, eff. Sept. 1, 1985. Sec. 6 amended by
Acts 1985, 69th Leg., ch. 595, Sec. 2, eff. Sept. 1, 1985; Sec. 6(a)
amended by Acts 1985, 69th Leg., ch. 554, Sec. 1, eff. Aug. 26,
1985; Sec. 6a(a) amended by Acts 1985, 69th Leg., ch. 239, Sec. 24,
eff. Sept. 1, 1985; Sec. 6b(b) amended by Acts 1985, 69th Leg., ch.
632, Sec. 13, eff. Sept. 1, 1985; Sec. 6c(a) amended by Acts 1985,
69th Leg., ch. 255, Sec. 1, eff. June 4, 1985; Sec. 6d added by Acts
1985, 69th Leg., ch. 727, Sec. 1, eff. Jan. 1, 1986; Sec. 10(j)
amended by Acts 1985, 69th Leg., ch. 801, Sec. 1, eff. Aug. 26,
1985; Sec. 10(o) added by Acts 1985, 69th Leg., ch. 956, Sec. 1,
eff. June 16, 1985; Sec. 12a amended by Acts 1985, 69th Leg., ch.
479, Sec. 163, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 729,
Sec. 5, eff. Sept. 1, 1985; Sec. 15(f) amended by Acts 1985, 69th
Leg., ch. 588, Sec. 3, eff. Sept. 1, 1985; Sec. 15(g) amended by
Acts 1985, 69th Leg., ch. 481, Sec. 1, eff. Aug. 26, 1985; Acts
1985, 69th Leg., ch. 554, Sec. 2, eff. Aug. 26, 1985; Acts 1985,
69th Leg., ch. 595, Sec. 3, eff. Sept. 1, 1985; Sec. 15(n) added by
Acts 1985, 69th Leg., ch. 239, Sec. 80(a), eff. Sept. 1, 1985; Sec.
21(a) amended by Acts 1985, 69th Leg., ch. 714, Sec. 1, eff. Aug.
26, 1985; Sec. 22 amended by Acts 1985, 69th Leg., ch. 714, Sec. 2,
eff. Aug. 26, 1985; Sec. 22 amended by Acts 1985, 69th Leg., ch.
508, Sec. 1, eff. Aug. 26, 1985; Acts 1985, 69th Leg., ch. 714, Sec.
12, eff. Aug. 26, 1985; Sec. 3d(d) amended by Acts 1987, 70th Leg.,
ch. 922, Sec. 4, eff. Sept. 1, 1987; Sec. 3h amended by Acts 1987,
70th Leg., ch. 1049, Sec. 54, eff. Sept. 1, 1987; ; Sec. 4(h)
amended by Acts 1987, 70th Leg., ch. 507, Sec. 1, eff. Sept. 1,
1987; Sec. 6(a) amended by Acts 1987, 70th Leg., ch. 1, Sec. 4, eff.
Feb. 20, 1987; Acts 1987, 70th Leg., ch. 939, Sec. 2, eff. Sept. 1,
1987; Sec. 6(b) amended by Acts 1987, 70th Leg., ch. 939, Sec. 3,
eff. Sept. 1, 1987; Sec. 6(e) added by Acts 1987, 70th Leg., ch.
939, Sec. 4, eff. Sept. 1, 1987; Sec. 6(f) added by Acts 1987, 70th
Leg., ch. 930, Sec. 1, eff. Sept. 1, 1987; Sec. 6a(a) amended by
Acts 1987, 70th Leg., ch. 939, Sec. 5, eff. Sept. 1, 1987; Sec.
6b(g) added by Acts 1987, 70th Leg., ch. 507, Sec. 2, eff. Sept. 1,
1987; Sec. 6d amended by Acts 1987, 70th Leg., ch. 473, Sec. 3, eff.
Sept. 1, 1987; Acts 1987, 70th Leg., ch. 928, Sec. 1, eff. Sept. 1,
1987; Sec. 6e amended by Acts 1987, 70th Leg., ch. 939, Sec. 6, eff.
Sept. 1, 1987; Sec. 6f added by Acts 1987, 70th Leg., ch. 1, Sec. 5,
eff. Feb. 20, 1987; amended by Acts 1987, 70th Leg., ch. 473, Sec.
3, eff. Sept. 1, 1987; Sec. 6g added by Acts 1987, 70th Leg., ch.
939, Sec. 7, eff. Sept. 1, 1987; Sec. 8(a) amended by Acts 1987,
70th Leg., ch. 939, Sec. 8, eff. Sept. 1, 1987; Sec. 8(d) added by
Acts 1987, 70th Leg., ch. 1, Sec. 6, eff. Feb. 20, 1987; Sec. 10(a),
(b), (d), (l), (p), amended by and Subsec. (q) added by Acts 1987,
70th Leg., ch. 939, Sec. 9, eff. Sept. 1, 1987; Sec. 10(o) amended
by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(8), eff. Sept. 1,
1987; Secs. 12a, 15(f), (g), (n), 21, 22 amended by Acts 1987, 70th
Leg., ch. 1101, Sec. 16, eff. Sept. 1, 1987.

Sec. 15(f)(2) amended by Acts 1987, 70th Leg., ch. 441, Sec. 1, eff.
Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 785, Sec. 4.17,
eff. Sept. 1, 1989. Sec. 3a(a) amended by Acts 1989, 71st Leg., 1st
C.S., ch. 8, Sec. 1, eff. Oct. 18, 1989; Sec. 3d(c) amended by Acts
1989, 71st Leg., ch. 679, Sec. 1, eff. Sept. 1, 1989; Sec. 3d(d)
amended by Acts 1989, 71st Leg., ch. 236, Sec. 11, eff. April 1,
1990; Sec. 6(a), (g) amended by Acts 1989, 71st Leg., ch. 260, Sec.
1, eff. Sept. 1, 1989; Sec. 6(e), (h) amended by Acts 1989, 71st
Leg., ch. 86, Sec. 1, eff. Aug. 28, 1989; Sec. 6(f) amended by and
(g), (h) added by Acts 1989, 71st Leg., ch. 1195, Sec. 9, eff. Sept.
1, 1989; Sec. 6(g) added by Acts 1989, 71st Leg., 1st C.S., ch. 6,
Sec. 1, eff. Jan. 1, 1990; Sec. 6c(a), (b), (c) amended by Acts
1989, 71st Leg., ch. 111, Sec. 1, eff. Sept. 1, 1989; Sec. 6g(a),
(b) amended by Acts 1989, 71st Leg., ch. 1040, Sec. 5, eff. Aug. 28,
1989; Sec. 6g(d) added by Acts 1989, 71st Leg., ch. 1040, Sec. 5,
eff. Aug. 28, 1989; Sec. 6h relettered from Sec. 6f by Acts 1989,
71st Leg., ch. 2, Sec. 16.01(9), eff. Aug. 28, 1989; Sec. 6i
relettered from Sec. 6f(b) by Acts 1989, 71st Leg., ch. 2, Sec.
16.01(10), eff. Aug. 28, 1989; Sec. 7 amended by Acts 1989, 71st
Leg., ch. 679, Sec. 2, eff. Sept. 1, 1989; Sec. 8(a) amended by Acts
1989, 71st Leg., ch. 191, Sec. 1, eff. May 26, 1989; Sec. 8(a)
amended by Acts 1989, 71st Leg., ch. 1195, Sec. 10, eff. Sept. 1,
1989; Sec. 10(j-1) added by Acts 1989, 71st Leg., ch. 2, Sec.
5.02(a), eff. Aug. 28, 1989; Sec. 10(j-2) added by Acts 1989, 71st
Leg., ch. 2, Sec. 8.11(c), eff. Aug. 28, 1989; Sec. 10(j-3) added
by Acts 1989, 71st Leg., ch. 1135, Sec. 5, eff. Aug. 28, 1989; Sec.
10A(j) amended by Acts 1989, 71st Leg., ch. 679, Sec. 3, eff. Sept.
1, 1989; Sec. 10B added by Acts 1989, 71st Leg., ch. 1074, Sec. 8,
eff. Sept. 1, 1989; Sec. 11(b) amended by Acts 1990, 71st Leg., 6th
C.S., ch. 25, Sec. 8, eff. June 18, 1990; Sec. 16(a) amended by Acts
1990, 71st Leg., 6th C.S., ch. 25, Sec. 31, eff. June 18, 1990; Sec.
17(a) amended by and Sec. 17(c), (d) added by Acts 1990, 71st Leg.,
6th C.S., ch. 25, Sec. 9, eff. June 18, 1990; Sec. 18(a) amended by
Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 10, eff. June 18, 1990;
Sec. 20 amended by Acts 1990, 71st Leg., 6th C.S., ch. 25, Sec. 11,
eff. June 18, 1990; Sec. 25(a) amended by Acts 1990, 71st Leg., 6th
C.S., ch. 25, Sec. 12, eff. June 18, 1990; Sec. 3g amended by Acts
1991, 72nd Leg., ch. 541, Sec. 1, eff. Sept. 1, 1991; Sec. 5(d)
amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(52), eff. Sept. 1,
1991; Sec. 6(e) added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10,
Sec. 19.02, eff. Oct. 1, 1991; Sec. 8 amended by Acts 1991, 72nd
Leg., ch. 343, Sec. 1, eff. Aug. 26, 1991; Sec. 9 amended by Acts
1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 16.01, eff. Dec. 1, 1991;
Sec. 11(a) amended by Acts 1991, 72nd Leg., ch. 572, Sec. 2, eff.
Sept. 1, 1991; Sec. 11(c) added by Acts 1991, 72nd Leg., ch. 202,
Sec. 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 285, Sec. 1,
eff. Sept. 1, 1991; Sec. 12 amended by Acts 1991, 72nd Leg., ch.
555, Sec. 3, eff. Sept. 1, 1991; Sec. 13(g) amended by Acts 1991,
72nd Leg., ch. 784, Sec. 9, eff. Sept. 1, 1991; Sec. 16(d) and (e)
amended by Acts 1991, 72nd Leg., ch. 900, Sec. 3, eff. Aug. 26,
1991; Sec. 16(h) added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10,
Sec. 8.01, eff. Dec. 1, 1991; Sec. 17(e) added by Acts 1991, 72nd
Leg., 2nd C.S., ch. 10, Sec. 15.02, eff. Oct. 1, 1991; Sec. 24(a)
amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(8), (9), (60),
eff. Sept. 1, 1991; Sec. 25(a) amended by Acts 1991, 72nd Leg., ch.
344, Sec. 1, eff. June 5, 1991; Sec. 28 added by Acts 1991, 72nd
Leg., 2nd C.S., ch. 10, Sec. 6.01, eff. Dec. 1, 1991; Sec. 5(c)
amended by Acts 1993, 73rd Leg., ch. 470, Sec. 2, eff. Sept. 1,
1993; Sec. 9(g) amended by and Sec. 9(k) added by Acts 1993, 73rd
Leg., ch. 889, Sec. 1, eff. Sept. 1, 1993; Sec. 10(a) amended by
Acts 1993, 73rd Leg., ch. 796, Sec. 1, eff. Sept. 1, 1993; Sec.
10(j-3) amended by Acts 1993, 73rd Leg., ch. 790, Sec. 36, eff.
Sept. 1, 1993; Sec. 11(a) amended by Acts 1993, 73rd Leg., ch. 806,
Sec. 2, eff. Sept. 1, 1993; Sec. 11(c) redesignated as 11(d) by
Acts 1993, 73rd Leg., ch. 107, Sec. 10.01(1), eff. Aug. 30, 1993;
Sec. 11(l) added by Acts 1993, 73rd Leg., ch. 10, Sec. 3, eff. March
19, 1993; Sec. 13(a) amended by Acts 1993, 73rd Leg., ch. 886, Sec.
15, eff. Jan. 1, 1995; Sec. 13(h) amended by Acts 1993, 73rd Leg.,
ch. 662, Sec. 8, eff. Sept. 1, 1993; amended by Acts 1993, 73rd
Leg., ch. 790, Sec. 30, eff. Sept. 1, 1993; amended by Acts 1993,
73rd Leg., ch. 796, Sec. 2, eff. Sept. 1, 1993; Sec. 13(i) amended
by Acts 1993, 73rd Leg., ch. 662, Sec. 1, eff. Sept. 1, 1993; Sec.
13(j) to (l) amended by Acts 1993, 73rd Leg., ch. 796, Sec. 2, eff.
Sept. 1, 1993; Sec. 13a added by Acts 1993, 73rd Leg., ch. 987, Sec.
2, eff. Sept. 1, 1993; Sec. 14 amended by Acts 1993, 73rd Leg., ch.
165, Sec. 1, eff. Sept. 1, 1993; Sec. 15 added by Acts 1993, 73rd
Leg., ch. 900, Sec. 4.01, eff. Sept. 1, 1994; Sec. 15(a) amended by
Acts 1993, 73rd Leg., ch. 806, Sec. 3, eff. Sept. 1, 1993; Sec.
16(e) added by Acts 1993, 73rd Leg., ch. 987, Sec. 3, eff. Sept. 1,
1993; Sec. 17(e) amended by Acts 1993, 73rd Leg., ch. 201, Sec. 3,
eff. Aug. 30, 1993; Sec. 22(e), (f) added by Acts 1993, 73rd Leg.,
ch. 805, Sec. 7, eff. Aug. 30, 1993; Sec. 29 added by Acts 1993,
73rd Leg., ch. 201, Sec. 4, eff. Aug. 30, 1993. Amended by Acts
1993, 73rd Leg., ch. 900, Sec. 4.01, eff. Sept. 1, 1993; Sec. 2(3)
amended by Acts 1995, 74th Leg., ch. 76, Sec. 7.13, eff. Sept. 1,
1995; Sec. 3(b) amended by and Sec. 3(f) added by Acts 1995, 74th
Leg., ch. 256, Sec. 1, eff. Sept. 1, 1995; Sec. 3g(a) amended by
Acts 1995, 74th Leg., ch. 260, Sec. 14, eff. May 30, 1995; amended
by Acts 1995, 74th Leg., ch. 318, Sec. 52, eff. Sept. 1, 1995; Sec.
4(d) amended by Acts 1995, 74th Leg., ch. 260, Sec. 15, eff. May 30,
1995; Sec. 5(a) amended by Acts 1995, 74th Leg., ch. 256, Sec.2 ,
eff. Sept. 1, 1995; amended by Acts 1995, 74th Leg., ch. 318, Sec.
53, eff. Jan. 1, 1996; Sec. 5(b) amended by Acts 1995, 74th Leg.,
ch. 318, Sec. 53, eff. Jan. 1, 1996; Sec. 5(c) amended by Acts 1995,
74th Leg., ch. 76, Sec. 3.06, eff. Sept. 1, 1995; amended by Acts
1995, 74th Leg., ch. 256, Sec. 2, eff. Sept. 1, 1995; Sec. 5(d)
amended by Acts 1995, 74th Leg., ch. 260, Sec. 16, eff. May 30,
1995; Sec. 9(e) amended by Acts 1995, 74th Leg., ch. 321, Sec.
3.003, eff. Sept. 1, 1995; Sec. 9(j) amended by Acts 1995, 74th
Leg., ch. 257, Sec. 1, eff. Sept. 1, 1995; amended by Acts 1995,
74th Leg., ch. 321, Sec. 3.003, eff. Sept. 1, 1995; Sec. 9(k)
amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.003, eff. Sept. 1,
1995; Sec. 9(l), (m) added by Acts 1995, 74th Leg., ch. 257, Sec. 1,
eff. Sept. 1, 1995; Sec. 10(a) amended by Acts 1995, 74th Leg., ch.
76, Sec. 3.07(a), eff. Sept. 1, 1995; Sec. 11(a) amended by Acts
1995, 74th Leg., ch. 76, Sec. 3.08, eff. Sept. 1, 1995; amended by
Acts 1995, 74th Leg., ch. 258, Sec. 10, eff. Sept. 1, 1995; amended
by Acts 1995, 74th Leg., ch. 318, Sec. 54, eff. Sept. 1, 1995;
amended by Acts 1995, 74th Leg., ch. 595, Sec. 2, eff. Sept. 1,
1995; Sec. 11(e) added by Acts 1995, 74th Leg., ch. 258, Sec. 10,
eff. Sept. 1, 1995; Sec. 11(l)(1) amended by Acts 1995, 74th Leg.,
ch. 657, Sec. 4, eff. June 14, 1995; Sec. 13(a) amended by Acts
1995, 74th Leg., ch. 318, Sec. 55, eff. Sept. 1, 1995; Sec. 13(e)
amended by Acts 1995, 74th Leg., ch. 318, Sec. 56, eff. Sept. 1,
1995; Sec. 13(e) repealed by Acts 1995, 74th Leg., ch. 321, Sec.
3.020(a), eff. Sept. 1, 1995; Sec. 13(g) amended by Acts 1995, 74th
Leg., ch. 318, Sec. 57(a), eff. Sept. 1, 1995; Sec. 13(i) amended
by Acts 1995, 74th Leg., ch. 318, Sec. 57(b), eff. Sept. 1, 1995.

Sec. 13(j) amended by Acts 1995, 74th Leg., ch. 318, Sec. 58, eff.
Sept. 1, 1995; Sec. 13(m) added by Acts 1995, 74th Leg., ch. 76,
Sec. 3.07(b), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318,
Sec. 59, eff. Sept. 1, 1995; Sec. 13B added by Acts 1995, 74th Leg.,
ch. 83, Sec. 2, eff. Sept. 1, 1995; added by Acts 1995, 74th Leg.,
ch. 256, Sec. 3, eff. Sept. 1, 1995; Sec. 14(a) amended by Acts
1995, 74th Leg., ch. 321, Sec. 3.004, eff. Sept. 1, 1995; Sec.
14(b) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.09, eff. Sept.
1, 1995; amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.005 eff.
Sept. 1, 1995; Sec. 15 repealed by Acts 1995, 74th Leg., ch. 76,
Sec. 3.11, eff. Sept. 1, 1995; Sec. 15(a) to (d), (f) amended by
Acts 1995, 74th Leg., ch. 318, Sec. 60, eff. Jan. 1, 1996; Sec.
15(h) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.10, eff. Sept.
1, 1995; amended by Acts 1995, 74th Leg., ch. 318, Sec. 60, eff.
Jan. 1, 1996; amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.006,
eff. Sept. 1, 1995; Sec. 16 amended by Acts 1995, 74th Leg., ch.
321, Sec. 3.007, eff. Sept. 1, 1995; Sec. 16(e) repealed by Acts
1995, 74th Leg., ch. 76, Sec. 3.12(a), eff. Sept. 1, 1995; Sec.
16(e) amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.12(b), eff.
Sept. 1, 1995; Sec. 18(a) amended by Acts 1995, 74th Leg., ch. 76,
Sec. 7.02, eff. Sept. 1, 1995; Sec. 18(e) amended by Acts 1995,
74th Leg., ch. 76, Sec. 3.16, eff. Sept. 1, 1995; Sec. 18(h)
amended by Acts 1995, 74th Leg., ch. 318, Sec. 61, eff. Jan. 1,
1996; Sec. 19(b) amended by Acts 1995, 74th Leg., ch. 76, Sec.
7.14, eff. Sept. 1, 1995; Sec. 19(e), (f) amended by Acts 1995,
74th Leg., ch. 76, Sec. 3.17, eff. Sept. 1, 1995; Sec. 22(a)
amended by Acts 1995, 74th Leg., ch. 76, Sec. 3.18, eff. Sept. 1,
1995; amended by Acts 1995, 74th Leg., ch. 321, Sec. 3.008, eff.
Sept. 1, 1995; Sec. 22(d) amended by Acts 1995, 74th Leg., ch. 76,
Sec. 7.15, eff. Sept. 1, 1995; Sec. 29 repealed by Acts 1995, 74th
Leg., ch. 76, Sec. 3.15, eff. Sept. 1, 1995; Sec. 2(4) added by Acts
1997, 75th Leg., ch. 1430, Sec. 1, eff. Sept. 1, 1997; Sec. 3(d)
amended by Acts 1997, 75th Leg., ch. 1430, Sec. 2, eff. Sept. 1,
1997; Sec. 3(g) added by Acts 1997, 75th Leg., ch. 706, Sec. 1, eff.
Sept. 1, 1997; Sec. 3g(a) amended by Acts 1997, 75th Leg., ch. 165,
Sec. 12.03, eff. Sept. 1, 1997; Sec. 4(c) amended by Acts 1997,
75th Leg., ch. 1430, Sec. 3, eff. Sept. 1, 1997; Sec. 5(a) amended
by Acts 1997, 75th Leg., ch. 667, Sec. 1, eff. Sept. 1, 1997;
amended by Acts 1997, 75th Leg., ch. 1430, Sec. 4, eff. Sept. 1,
1997; Sec. 5(c), (d) amended by Acts 1997, 75th Leg., ch. 667, Sec.
1, eff. Sept. 1, 1997; Sec. 11(a) amended by Acts 1997, 75th Leg.,
ch. 700, Sec. 11, eff. Sept. 1, 1997; Sec. 11(d) amended by Acts
1997, 75th Leg., ch. 312, Sec. 3, eff. Sept. 1, 1997; Sec. 11(e)
amended by Acts 1997, 75th Leg., ch. 668, Sec. 3, eff. Sept. 1,
1997; Sec. 11(f) added by Acts 1997, 75th Leg., ch. 144, Sec. 3,
eff. May 20, 1997; Sec. 11(l) amended by Acts 1997, 75th Leg., ch.
1, Sec. 6, eff. Jan. 28, 1997; Sec. 13(j) amended by Acts 1997, 75th
Leg., ch. 577, Sec. 18, eff. Sept. 1, 1997; Sec. 13(m) relettered
as Sec. 13(n) by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(10), eff.
Sept. 1, 1997; Sec. 13B renumbered as Sec. 13C by Acts 1997, 75th
Leg., ch. 165, Sec. 31.01(11), eff. Sept. 1, 1997; Sec. 15(a)
amended by Acts 1997, 75th Leg., ch. 488, Sec. 1, eff. Sept. 1,
1997; Sec. 15(d) amended by Acts 1997, 75th Leg., ch. 745, Sec. 34,
eff. Jan. 1, 1998; Sec. 15(e) amended by Acts 1997, 75th Leg., ch.
488, Sec. 2, eff. Sept. 1, 1997; Sec. 15(f)(2) amended by Acts
1997, 75th Leg., ch. 488, Sec. 3, eff. Sept. 1, 1997; Sec. 15(g)
amended by Acts 1997, 75th Leg., ch. 488, Sec. 1, eff. Sept. 1,
1997; Sec. 15(h)(1), (2) amended by Acts 1997, 75th Leg., ch. 488,
Sec. 4, eff. Sept. 1, 1997; Sec. 19(g) amended by Acts 1997, 75th
Leg., ch. 668, Sec. 4, eff. Sept. 1, 1997; Sec. 22(c) amended by
Acts 1997, 75th Leg., ch. 754, Sec. 1, eff. Sept. 1, 1997; Sec. 22A
added by Acts 1997, 75th Leg., ch. 1430, Sec. 5, eff. Sept. 1, 1997;
Sec. 3g(a) amended by Acts 1999, 76th Leg., ch. 806, Sec. 1, eff.
Sept. 1, 1999; Sec. 5(c) amended by Acts 1999, 76th Leg., ch. 1415,
Sec. 5(a), eff. Sept. 1, 1999; Sec. 5(e) added by Acts 1999, 76th
Leg., ch. 580, Sec. 7, eff. Sept. 1, 1999; added by Acts 1999, 76th
Leg., ch. 1193, Sec. 3, eff. Sept. 1, 1999; added by Acts 1999, 76th
Leg., ch. 1415, Sec. 4, eff. Sept. 1, 1999; Sec. 9(j) amended by
Acts 1999, 76th Leg., ch. 1263, Sec. 1, eff. Sept. 1, 1999; Sec.
9(k) amended by Acts 1999, 76th Leg., ch. 1188, Sec. 1.43, eff.
Sept. 1, 1999; Sec. 11(a) amended by Acts 1999, 76th Leg., ch. 323,
Sec. 1, eff. Sept. 1, 1999; Sec. 11(g) added by Acts 1999, 76th
Leg., ch. 27, Sec. 1, eff. Sept. 1, 1999; added by Acts 1999, 76th
Leg., ch. 1415, Sec. 6(a), eff. Sept. 1, 1999; Sec. 13(g) amended
by Acts 1999, 76th Leg., ch. 62, Sec. 3.04, eff. Sept. 1, 1999; Sec.
13(h) amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.04, eff. Sept.
1, 1999; amended by Acts 1999, 76th Leg., ch. 580, Sec. 8, eff.
Sept. 1, 1999; Sec. 13(i) amended by Acts 1999, 76th Leg., ch. 62,
Sec. 3.04, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg., ch.
1105, Sec. 3, eff. Sept. 1, 1999; Sec. 13(j) amended by Acts 1999,
76th Leg., ch. 62, Sec. 3.04, eff. Sept. 1, 1999; amended by Acts
1999, 76th Leg., ch. 580, Sec. 8, eff. Sept. 1, 1999; Sec. 13(k),
(m) amended by Acts 1999, 76th Leg., ch. 62, Sec. 3.04, eff. Sept.
1, 1999; Sec. 13D added by Acts 1999, 76th Leg., ch. 56, Sec. 1,
eff. Sept. 1, 1999; Sec. 14(c) amended by Acts 1999, 76th Leg., ch.
910, Sec. 1, eff. Sept. 1, 1999; amended by Acts 1999, 76th Leg.,
ch. 1188, Sec. 1.44, eff. Sept. 1, 1999; Sec. 14(e) added by Acts
1999, 76th Leg., ch. 1188, Sec. 1.44, eff. Sept. 1, 1999; Sec. 15A
added by Acts 1999, 76th Leg., ch. 564, Sec. 2, eff. Sept. 1, 1999;
Sec. 20(b) amended by Acts 1999, 76th Leg., ch. 1415, Sec. 5(b),
eff. Sept. 1, 1999; Sec. 3g(a) amended by Acts 2001, 77th Leg., ch.
786, Sec. 2, eff. June 14, 2001; Sec. 5(f) relettered from Sec.
5(e) by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(10), eff. Sept.
1, 2001; Sec. 5(g) added by Acts 2001, 77th Leg., ch. 1159, Sec. 3,
eff. Sept. 1, 2001; Sec. 9(h) amended by Acts 2001, 77th Leg., ch.
969, Sec. 8, eff. Sept. 1, 2001; Sec. 11(e) amended by Acts 2001,
77th Leg., ch. 211, Sec. 1, eff. Sept. 1, 2001; Sec. 11(h)
relettered from Sec. 11(g) by Acts 2001, 77th Leg., ch. 1420, Sec.
21.001(11), eff. Sept. 1, 2001; Sec. 13(a), (g), (k) amended by
Acts 2001, 77th Leg., ch. 969, Sec. 9, eff. Sept. 1, 2001; Sec. 15A
amended by Acts 2001, 77th Leg., ch. 1351, Sec. 1, eff. Sept. 1,
2001; Sec. 16(b) amended by Acts 2001, 77th Leg., ch. 970, Sec. 1,
eff. Sept. 1, 2001; Sec. 19(a) amended by Acts 2001, 77th Leg., ch.
992, Sec. 1, eff. Sept. 1, 2001; Sec. 5(h) added by Acts 2003, 78th
Leg., ch. 250, Sec. 1, eff. June 18, 2003; Sec. 8(a) amended by Acts
2003, 78th Leg., ch. 239, Sec. 1, eff. Sept. 1, 2003; Sec. 9(l)
amended by Acts 2003, 78th Leg., ch. 353, Sec. 5, eff. Sept. 1,
2003; Sec. 9(l) amended by Acts 2003, 78th Leg., ch. 892, Sec. 20,
eff. Sept. 1, 2003; Sec. 9(m) amended by Acts 2003, 78th Leg., ch.
353, Sec. 5, eff. Sept. 1, 2003; Sec. 9A added by Acts 2003, 78th
Leg., ch. 353, Sec. 1, eff. Sept. 1, 2003; Sec. 11(d) amended by
Acts 2003, 78th Leg., ch. 35, Sec. 4, eff. Jan. 1, 2004; Sec. 11(i)
added by Acts 2003, 78th Leg., ch. 353, Sec. 2, eff. Sept. 1, 2003;
Sec. 13(a), (g) amended by Acts 2003, 78th Leg., ch. 1275, Sec.
3(3), eff. Sept. 1, 2003; Sec. 13B(a) amended by Acts 2003, 78th
Leg., ch. 353, Sec. 3, eff. Sept. 1, 2003; Sec. 13B(i) added by Acts
2003, 78th Leg., ch. 353, Sec. 3, eff. Sept. 1, 2003; Sec. 14
amended by Acts 2003, 78th Leg., ch. 353, Sec. 4, eff. Sept. 1,
2003; Sec. 14(b) amended by Acts 2003, 78th Leg., ch. 353, Sec. 6,
eff. Sept. 1, 2003; Sec. 14(e) amended by Acts 2003, 78th Leg., ch.
209, Sec. 63(a), eff. Jan. 1, 2004; Sec. 14(e) amended by Acts
2003, 78th Leg., ch. 1310, Sec. 2, eff. Sept. 1, 2003; Sec. 15(a),
(c) amended by Acts 2003, 78th Leg., ch. 1122, Sec. 1, eff. Sept. 1,
2003.

Sec. 19(f) amended by Acts 2003, 78th Leg., ch. 209, Sec. 64(a),
eff. Jan. 1, 2004; Sec. 19(f) amended by Acts 2003, 78th Leg., ch.
1310, Sec. 3, eff. Sept. 1, 2003; Sec. 19(g) amended by Acts 2003,
78th Leg., ch. 1300, Sec. 1, eff. Sept. 1, 2003; Sec. 19(h) added by
Acts 2003, 78th Leg., ch. 1300, Sec. 1, eff. Sept. 1, 2003; Sec.
21(e) added by Acts 2003, 78th Leg., ch. 250, Sec. 2, eff. June 18,
2003; Sec. 24 added by Acts 2003, 78th Leg., ch. 250, Sec. 3, eff.
June 18, 2003.

 

Art. 42.122. [Adult probation officers of the 222nd Judicial
District; salary and allowances ]

The adult probation officer of the 222nd Judicial District receives
a salary of not less than $15,000 per annum. Also, the probation
officer receives allowances, not to exceed the amount allowed by
the federal government for traveling the most practical route to
and from the place where the duties are discharged, for his
necessary travel and hotel expenses. Upon the sworn statement of
the officer, approved by the judge, the respective counties of the
judicial district pay the expenses incurred for their regular or
special term of court out of the general county fund. In lieu of
travel allowances the commissioners court of each county, by
agreement, may provide transportation under the same terms and
conditions as provided for sheriffs.

Added by Acts 1985, 69th Leg., ch. 480, Sec. 18, eff. Sept. 1, 1985.

 

Art. 42.14. [782] [866] [844] In absence of defendant

The judgment and sentence in a misdemeanor case may be rendered in
the absence of the defendant.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

 

Art. 42.141. Battering intervention and prevention program

Definitions

 

Sec. 1. In this article:

(1) "Batterer" means a person who commits repeated acts of violence
or who repeatedly threatens violence against another who is:

(A) related to the actor by affinity or consanguinity, as
determined under Chapter 573, Government Code;

(B) is a former spouse of the actor; or

(C) resides or has resided in the same household with the actor.

(2) "Division" means the community justice assistance division of
the Texas Department of Criminal Justice.

(3) "Family" has the meaning assigned by Section 71.003, Family
Code.

(4) "Family violence" has the meaning assigned by Section 71.004,
Family Code.

(5) "Shelter center" has the meaning assigned by Section 51.002,
Human Resources Code.

(6) "Household" has the meaning assigned by Section 71.005, Family
Code.

(7) "Program" means a battering intervention and prevention program
operated by a nonprofit organization that provides, on a local
basis to batterers referred by the courts for treatment, treatment
and educational services designed to help the batterers stop their
abusive behavior.

(8) "Project" means the statewide activities for the funding of
battering intervention and prevention programs, the related
community educational campaign, and education and research
regarding such programs.

(9) "Responsive law enforcement climate" means an area where, in
cases of family violence:

(A) the local law enforcement agency has a policy or record of
arresting batterers; and

(B) the local criminal justice system:

(i) cooperates with the victim in filing protective orders; and

(ii) takes appropriate action against a person who violates
protective orders.

Establishment

 

Sec. 2. The battering intervention and prevention program is
established in the division.

Duties of the Division

 

Sec. 3. The division shall:

(1) contract with a nonprofit organization that for the five-year
period before the date on which a contract is to be signed has been
involved in providing to shelter centers, law enforcement agencies,
and the legal community statewide advocacy and technical assistance
relating to family violence, with the contract requiring the
nonprofit organization to perform the duties described in Section
(4) of this article;

(2) seek the input of the statewide nonprofit organization
described in Subdivision (1) of this section in the development of
standards for selection of programs and the review of proposals
submitted by programs;

(3) issue requests for proposals for the programs and an
educational campaign not later than January 1, 1990;

(4) award contracts for programs that take into consideration:

(A) a balanced geographical distribution of urban, rural, and
suburban models; and

(B) the presence of a responsive law enforcement climate in the
community;

(5) develop and monitor the project in cooperation with the
nonprofit organization;

(6) monitor the development of a community educational campaign in
cooperation with the nonprofit organization;

(7) assist the nonprofit organization in designing program
evaluations and research activities; and

(8) facilitate training of probation officers and other criminal
justice professionals by the nonprofit organization and by
programs.

Duties of the Nonprofit Organization

 

Sec. 4. The nonprofit organization with which the division
contracts shall:

(1) assist the division in developing and issuing requests for
proposals for the programs and the educational campaign;

(2) assist the division in reviewing the submitted proposals and
making recommendations for proposals to be selected for funding;

(3) develop and monitor the project in cooperation with the
division;

(4) provide technical assistance to programs to:

(A) develop appropriate services for batterers;

(B) train staff;

(C) improve coordination with shelter centers, the criminal justice
system, the judiciary, law enforcement agencies, prosecutors, and
other appropriate officials and support services;

(D) implement the community educational campaign; and

(E) participate in project administered program evaluation and
research activities;

(5) provide technical assistance to the division to:

(A) develop and implement standards for selection of programs for
inclusion in the project; and

(B) develop standards for selection of the community educational
campaign described in Section 6 of this article;

(6) submit an annual written report to the division and to the
legislature with recommendations for continuation, elimination, or
changes in the project; and

(7) evaluate the programs and the community educational campaign,
including an analysis of the effectiveness of the project and the
level of public awareness relating to family violence.

Programs

 

Sec. 5. (a) A program proposal must:

(1) describe the counseling or treatment the program will offer;

(2) include letters from a local law enforcement agency or
agencies, courts, probation officers, and other community
resources describing the community's commitment to improve the
criminal justice system's response to victims and batterers and to
cooperate with and interact in the programs' activities;

(3) include a letter from the local shelter center describing the
support services available to victims of family violence in the
community and the shelter's commitment to cooperate and work with
the program; and

(4) describe the public education and local community outreach
activities relating to family violence currently available in the
community and a statement of commitment to participate on the local
level in the public educational campaign described in Section 6 of
this article.

(b) A program must:

(1) be situated in a county in which a shelter center is located;

(2) offer counseling or treatment in which the primary approach is
direct intervention with the batterer, on an individual or group
basis, but that does not require the victim of the family violence
to participate in the counseling or treatment;

(3) offer training to law enforcement prosecutors, judges,
probation officers, and others on the dynamics of family violence,
treatment options, and program activities; and

(4) have a system for receiving referrals from the courts and for
reporting to the court regarding batterers' compliance with the
treatment program.

(c) This section does not preclude a program from serving a batterer
other than one who was ordered by a court to participate in the
program established under this subchapter.

Community Educational Campaign

 

Sec. 6. (a) The division, with assistance from the nonprofit
organization, shall select the community educational campaign
relating to family violence after the commission has selected the
programs. The campaign is to be implemented in the areas covered by
the programs.

(b) The campaign shall use a variety of media, including
newspapers, radio, television, and billboards, and shall focus on:

(1) the criminality of acts of violence toward family members;

(2) the consequences of family violence crimes to the batterer; and

(3) eradicating public misconceptions of family violence.

Use of Legislative Appropriation

 

Sec. 7. Of a legislative appropriation for the project established
under this article:

(1) not more than six percent may be used by the division for
management and administration of the project;

(2) not more than 14 percent may be applied to the contract between
the division and the nonprofit organization; and

(3) not more than three percent may be applied to the contract for
the community educational campaign.

Contract Date

 

Sec. 8. The contract required under Section 3(a) of this article
shall be signed not later than November 1, 1989.

Added by Acts 1989, 71st Leg., ch. 785, Sec. 3.05, eff. Sept. 1,
1989. Sec. 1(1) amended by Acts 1991, 72nd Leg., ch. 561, Sec. 11,
eff. Aug. 26, 1991; Sec. 1(1)(A) amended by Acts 1995, 74th Leg.,
ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995; Sec. 1(3), (4), (6)
amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(i), eff. Sept.
1, 2003.

 

Art. 42.15. [783] [867] [854] Fines

(a) When the defendant is fined, the judgment shall be that the
defendant pay the amount of the fine and all costs to the state.

(b) When imposing a fine and costs a court may direct a defendant:

(1) to pay the entire fine and costs when sentence is pronounced;
or

(2) to pay the entire fine and costs at some later date; or

(3) to pay a specified portion of the fine and costs at designated
intervals.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1971,
62nd Leg., p. 2990, ch. 987, Sec. 1, eff. June 15, 1971.

 

Art. 42.151. Fees for abused children's counseling

If a court orders a defendant to pay a fee under Article 37.072 of
this code, the court shall assess the fee against the defendant in
the same manner as other costs of prosecution are assessed against a
defendant. The court may direct a defendant:

(1) to pay the entire fee when sentence is pronounced;

(2) to pay the entire fee at some later date; or

(3) to pay a specified portion of the fee at designated intervals.

Added by Acts 1989, 71st Leg., ch. 360, Sec. 3, eff. Sept. 1, 1989.

 

Art. 42.152. Repayment of Reward

(a) If a judge orders a defendant to repay a reward or part of a
reward under Article 37.073 of this code, the court shall assess
this cost against the defendant in the same manner as other costs of
prosecution are assessed against a defendant. The court may order
the defendant to:

(1) pay the entire amount required when sentence is pronounced;

(2) pay the entire amount required at a later date specified by the
court; or

(3) pay specified portions of the required amount at designated
intervals.

(b) After receiving a payment from a person ordered to make the
payment under this article, the clerk of the court or fee officer
shall:

(1) make a record of the payment;

(2) deduct a one-time $7 processing fee from the reward repayment;

(3) forward the payment to the designated crime stoppers
organization; and

(4) make a record of the forwarding of the payment.

Added by Acts 1989, 71st Leg., ch. 611, Sec. 3, eff. Sept. 1, 1989.
Renumbered from art. 42.151 by Acts 1991, 72nd Leg., ch. 16, Sec.
19.01(6), eff. Aug. 26, 1991. Amended by Acts 1997, 75th Leg., ch.
700, Sec. 12, eff. Sept. 1, 1997.

 

Art. 42.16. [784] [868] [846] On other judgment

If the punishment is any other than a fine, the judgment shall
specify it, and order it enforced by the proper process. It shall
also adjudge the costs against the defendant, and order the
collection thereof as in other cases.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

 

Art. 42.17. Transfer under treaty

When a treaty is in effect between the United States and a foreign
country providing for the transfer of convicted offenders who are
citizens or nationals of foreign countries to the foreign countries
of which they are citizens or nationals, the governor is
authorized, subject to the terms of such treaty, to act on behalf of
the State of Texas and to consent to the transfer of such convicted
offenders under the provisions of Article IV, Section 11 of the
Constitution of the State of Texas.

Added by Acts 1977, 65th Leg., p. 1266, ch. 489, Sec. 1, eff. June
15, 1977.

 

Art. 42.19. Interstate corrections compact

Article I. Purpose and Policy

 

The party states, desiring by common action to fully utilize and
improve their institutional facilities and provide adequate
programs for the confinement, treatment, and rehabilitation of
various types of offenders, declare that it is the policy of each of
the party states to provide such facilities and programs on a basis
of cooperation with one another, thereby serving the best interests
of such offenders and of society and effecting economies in capital
expenditures and operational costs. The purpose of this compact is
to provide for the mutual development and execution of such
programs of cooperation for the confinement, treatment, and
rehabilitation of offenders with the most economical use of human
and material resources.

Article II. Definitions

 

As used in this compact, unless the context clearly requires
otherwise:

(a) "State" means a state of the United States; the United States
of America; a territory or possession of the United States; the
District of Columbia; the commonwealth of Puerto Rico.

(b) "Sending state" means a state party to this compact in which
conviction or court commitment was had.

(c) "Receiving state" means a state party to this compact to which
an inmate is sent for confinement other than a state in which
conviction or court commitment was had.

(d) "Inmate" means a male or female offender who is committed, under
sentence to or confined in a penal or correctional institution.

(e) "Institution" means any penal or correctional facility,
including but not limited to a facility for the mentally ill or
mentally defective, in which inmates as defined in (d) above may
lawfully be confined.

Article III. Contracts

 

(a) Each party state may make one or more contracts with any one or
more of the other party states for the confinement of inmates on
behalf of a sending state in institutions situated within receiving
states. Any such contract shall provide for:

1. Its duration.

2. Payments to be made to the receiving state by the sending state
for inmate maintenance, extraordinary medical and dental expenses,
and any participation in or receipt by inmates of rehabilitative or
correctional services, facilities, programs, or treatment not
reasonably included as part of normal maintenance.

3. Participation in programs of inmate employment, if any; the
disposition or crediting of any payments received by inmates on
account thereof; and the crediting of proceeds from or disposal of
any products resulting therefrom.

4. Delivery and retaking of inmates.

5. Such other matters as may be necessary and appropriate to fix the
obligations, responsibilities, and rights of the sending and
receiving states.

(b) The terms and provisions of this compact shall be a part of any
contract entered into by the authority of or pursuant thereto, and
nothing in any such contract shall be inconsistent therewith.

Article IV. Procedures and Rights

 

(a) Whenever the duly constituted authorities in a state party to
this compact, and which has entered into a contract pursuant to
Article III, shall decide that confinement in, or transfer of an
inmate to, an institution within the territory of another party
state is necessary or desirable in order to provide adequate
quarters and care or an appropriate program of rehabilitation or
treatment, such official may direct that the confinement be within
an institution within the territory of such other party state, the
receiving state to act in that regard solely as agent for the
sending state.

(b) The appropriate officials of any state party to this compact
shall have access, at all reasonable times, to any institution in
which it has a contractual right to confine inmates for the purpose
of inspecting the facilities thereof and visiting such of its
inmates as may be confined in the institution.

(c) Inmates confined in an institution pursuant to this compact
shall at all times be subject to the jurisdiction of the sending
state and may at any time be removed therefrom for transfer to a
prison or other institution within the sending state, for transfer
to another institution in which the sending state may have a
contractual or other right to confine inmates, for release on
probation or parole, for discharge, or for any other purpose
permitted by the laws of the sending state. However, the sending
state shall continue to be obligated to such payments as may be
required pursuant to the terms of any contract entered into under
the terms of Article III.

(d) Each receiving state shall provide regular reports to each
sending state on the inmates of that sending state who are in
institutions pursuant to this compact including a conduct record of
each inmate and shall certify such record to the official
designated by the sending state, in order that each inmate may have
official review of his or her record in determining and altering the
disposition of the inmate in accordance with the law which may
obtain in the sending state and in order that the same may be a
source of information for the sending state.

(e) All inmates who may be confined in an institution pursuant to
this compact shall be treated in a reasonable and humane manner and
shall be treated equally with such similar inmates of the receiving
state as may be confined in the same institution. The fact of
confinement in a receiving state shall not deprive any inmate so
confined of any legal rights which the inmate would have had if
confined in an appropriate institution of the sending state.

(f) Any hearing or hearings to which an inmate confined pursuant to
this compact may be entitled by the laws of the sending state may be
had before the appropriate authorities of the sending state, or of
the receiving state if authorized by the sending state. The
receiving state shall provide adequate facilities for such hearing
as may be conducted by the appropriate officials of a sending state.
In the event such hearing or hearings are had before officials of
the receiving state, the governing law shall be that of the sending
state and a record of the hearing or hearings as prescribed by the
sending state shall be made. The record together with any
recommendations of the hearing officials shall be transmitted
forthwith to the official or officials before whom the hearing
would have been had if it had taken place in the sending state. In
any and all proceedings had pursuant to the provisions of this
paragraph (f), the officials of the receiving state shall act
solely as agents of the sending state and no final determination
shall be made in any matter except by the appropriate officials of
the sending state.

(g) Any inmate confined pursuant to this compact shall be released
within the territory of the sending state unless the inmate and the
sending and receiving states shall agree upon release in some other
place. The sending state shall bear the cost of such return to its
territory.

(h) Any inmate confined pursuant to this compact shall have any
rights and all rights to participate in and derive any benefits or
incur or be relieved of any obligations or have such obligations
modified or his status changed on account of any action or
proceeding in which he could have participated if confined in any
appropriate institution of the sending state located within such
state.

(i) The parent, guardian, trustee, or other person or persons
entitled under the laws of the sending state to act for, advise, or
otherwise function with respect to any inmate shall not be deprived
of or restricted in his exercise of any power in respect of any
inmate confined pursuant to the terms of this compact.

Article V. Act Not Reviewable in Receiving State: Extradition

 

(a) Any decision of the sending state in respect of any matter over
which it retains jurisdiction pursuant to this compact shall be
conclusive upon and not reviewable within the receiving state, but
if at the time the sending state seeks to remove an inmate from an
institution in the receiving state there is pending against the
inmate within such state any criminal charge or if the inmate is
formally accused of having committed within such state a criminal
offense, the inmate shall not be returned without the consent of the
receiving state until discharged from prosecution or other form of
proceeding, imprisonment, or detention for such offense. The duly
accredited officer of the sending state shall be permitted to
transport inmates pursuant to this compact through any and all
states party to this compact without interference.

(b) An inmate who escapes from an institution in which he is
confined pursuant to this compact shall be deemed a fugitive from
the sending state and from the state in which the institution
escaped from is situated. In the case of an escape to a
jurisdiction other than the sending or receiving state, the
responsibility for institution of extradition or rendition
proceedings shall be that of the sending state, but nothing
contained herein shall be construed to prevent or affect the
activities of officers and agencies of any jurisdiction directed
toward the apprehension and return of an escapee.

Article VI. Federal Aid

 

Any state party to this compact may accept federal aid for use in
connection with any institution or program, the use of which is or
may be affected by this compact or any contract pursuant thereto.
Any inmate in a receiving state pursuant to this compact may
participate in any such federally aided program or activity for
which the sending and receiving states have made contractual
provision. However, if such program or activity is not part of the
customary correctional regimen, the express consent of the
appropriate official of the sending state shall be required
therefor.

Article VII. Entry Into Force

 

This compact shall enter into force and become effective and
binding upon the states so acting when it has been enacted into law
by any two states. Thereafter, this compact shall enter into force
and become effective and binding as to any other of such states upon
similar action by such state.

Article VIII. Withdrawal and Termination

 

This compact shall continue in force and remain binding upon a party
state until it shall have enacted a statute repealing the compact
and providing for the sending of formal written notice of
withdrawal from the compact to the appropriate officials of all
other party states. An actual withdrawal shall not take effect
until one year after the notices provided in the statute have been
sent. Such withdrawal shall not relieve the withdrawing state from
its obligations assumed hereunder prior to the effective date of
withdrawal. Before the effective date of withdrawal, a withdrawal
state shall remove to its territory, at its own expense, such
inmates as it may have confined pursuant to the provisions of this
compact.

Article IX. Other Arrangements Unaffected

 

Nothing contained in this compact shall be construed to abrogate or
impair an agreement or other arrangement which a party state may
have with a nonparty state for the confinement, rehabilitation, or
treatment of inmates, nor to repeal any other laws of a party state
authorizing the making of cooperative institutional arrangements.

Article X. Construction and Severability

 

(a) The provisions of this compact shall be liberally construed and
shall be severable. If any phrase, clause, sentence, or provision
of this compact is declared to be contrary to the constitution of
any participating state or of the United States or the
applicability thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency,
person, or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any state
participating therein, the compact shall remain in full force and
effect as to the remaining states and in full force and effect as to
the state affected as to all severable matters.

(b) Powers. The director of the Texas Department of Corrections is
authorized and directed to do all things necessary or incidental to
the carrying out of the compact in every particular.

Added by Acts 1985, 69th Leg., ch. 24, Sec. 1, eff. Jan. 1, 1986.
Renumbered from art. 42.18 by Acts 1987, 70th Leg., ch. 167, Sec.
5.01(a)(9), eff. Sept. 1, 1987.

 

Art. 42.20. Immunities

(a) An individual listed in Subsection (c) of this article and the
governmental entity that the individual serves as an officer or
employee are not liable for damages arising from an act or failure
to act by the individual or governmental entity in connection with a
community service program or work program established under this
chapter or in connection with an inmate, offender, or releasee
programmatic or nonprogrammatic activity, including work,
educational, and treatment activities, if the act or failure to
act:

(1) was performed pursuant to a court order or was otherwise
performed in an official capacity; and

(2) was not performed with conscious indifference for the safety of
others.

(b) Chapter 101, Civil Practice and Remedies Code, does not apply to
a claim based on an act or a failure to act of an individual listed
in Subsection (c) of this article or a governmental entity the
officer serves as an officer or employee if the act or failure to
act is in connection with a program described by Subsection (a) of
this article.

(c) This article applies to:

(1) a director or employee of a community supervision and
corrections department or a community corrections facility;

(2) a sheriff or employee of a sheriff's department;

(3) a county judge, county attorney, county commissioner, or county
employee;

(4) a district judge, district attorney, or criminal district
attorney;

(5) an officer or employee of a state agency; or

(6) an officer or employee of a political subdivision other than a
county.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 5.03, eff. Sept. 1,
1993. Subsec. (a) amended by Acts 1995, 74th Leg., ch. 76, Sec.
3.13, eff. Sept. 1, 1995; Subsec. (c) amended by Acts 2003, 78th
Leg., ch. 406, Sec. 1, eff. Sept. 1, 2003.

 

Art. 42.21. Notice of release of family violence offenders

(a) Before releasing a person convicted of a family violence
offense, the entity holding the person shall make a reasonable
attempt to give personal notice of the imminent release to the
victim of the offense or to another person designated by the victim
to receive the notice. An attempt by an entity to give notice to the
victim or person designated by the victim at the victim's or
person's last known telephone number or address, as shown on the
records of the entity, constitutes a reasonable attempt to give
notice under this subsection.

(b) An entity or an employee of an entity is not liable for damages
arising from complying or failing to comply with Subsection (a) of
this article.

(c) In this article, "family violence" has the meaning assigned by
Section 71.004, Family Code.

Added by Acts 1995, 74th Leg., ch. 661, Sec. 2, eff. Aug. 28, 1995.
Subsec. (c) amended by Acts 2003, 78th Leg., ch. 1276, Sec.
7.002(j), eff. Sept. 1, 2003.

 

Art. 42.22. Restitution Liens

Definitions

 

Sec. 1. In this article:

(1) "Department" means the Texas Department of Transportation.

(2) "Motor vehicle" has the meaning assigned by Chapter 501,
Transportation Code.

(3) "State" means the State of Texas and all political subdivisions
thereof.

(4) "Victim" means:

(A) a "close relative of a deceased victim," "guardian of a victim,"
or "victim," as those terms are defined by Article 56.01 of this
code; or

(B) an individual who suffers damages as a result of another
committing an offense under Section 38.04, Penal Code, in which the
defendant used a motor vehicle while the defendant was in flight.

(5) "Personal property" means any property other than real property
including all tangible and intangible types of property and
including but not limited to copyrights, book rights, movie rights,
patents, and trademarks acquired by the defendant prior to, during,
and after conviction.

Lien Established

 

Sec. 2. (a) The victim of a criminal offense has a restitution lien
to secure the amount of restitution to which the victim is entitled
under the order of a court in a criminal case.

(b) The state also has a restitution lien to secure the:

(1) amount of fines or costs entered against a defendant in the
judgment in a felony criminal case;

(2) amount of reimbursement for costs of:

(A) confinement ordered under Article 42.038; or

(B) notice provided under Article 62.03 or 62.04; and

(3) amount of damages incurred by the state as a result of the
commission of an offense under Section 38.04, Penal Code, in which
the defendant used a motor vehicle while the defendant was in
flight.

Perfection

 

Sec. 3. (a) Except as provided by this section, a restitution lien
attaches and is perfected when an affidavit to perfect the lien is
filed in accordance with this article.

(b) If a lien established under this article is attached to a motor
vehicle, the lien must be perfected in the manner provided by
Chapter 501, Transportation Code, and the court that entered the
order of restitution giving rise to the lien shall include in the
order a requirement that the defendant surrender to the court
evidence of current legal ownership of the motor vehicle and the
title, if applicable, against which the lien attaches. A lien
against a motor vehicle as provided by this article is not perfected
until the defendant's title to the vehicle has been surrendered to
the court and the department has issued a subsequent title that
discloses on its face the fact that the vehicle is subject to a
restitution lien established as provided by this article.

Judgment Required

 

Sec. 4. An affidavit to perfect a restitution lien may not be filed
under this article until a court has ordered restitution or entered
a judgment requiring the defendant to pay a fine or costs.

Persons Who May File

 

Sec. 5. The following persons may file an affidavit to perfect a
restitution lien:

(1) the attorney representing the state in a criminal case in which
a victim is determined by the court to be entitled to restitution or
in which a defendant is ordered to pay fines or costs; or

(2) a victim in a criminal case determined by the court to be
entitled to restitution.

Affidavit

 

Sec. 6. An affidavit to perfect a restitution lien must be signed by
the attorney representing the state or a magistrate and must
contain:

(1) the name and date of birth of the defendant whose property or
other interests are subject to the lien;

(2) the residence or principal place of business of the person named
in the lien, if known;

(3) the criminal proceeding giving rise to the lien, including the
name of the court, the name of the case, and the court's file number
for the case;

(4) the name and address of the attorney representing the state and
the name of the person entitled to restitution;

(5) a statement that the notice is being filed under this article;

(6) the amount of restitution and the amount of fines and costs the
defendant has been ordered to pay by the court;

(7) a statement that the amount of restitution owed at any one time
may be less than the original balance and that the outstanding
balance is reflected in the records of the clerk of the court
hearing the criminal proceeding giving rise to the lien; and

(8) the vehicle description and vehicle identification number.

Filing

 

Sec. 7. (a) An affidavit to perfect a restitution lien may be filed
with:

(1) the secretary of state;

(2) the department in the manner provided by Chapter 501,
Transportation Code; or

(3) the county clerk of the county in which:

(A) the crime was committed;

(B) the defendant resides; or

(C) the property is located.

(b) The uniform fee for filing and indexing and for stamping a copy
furnished by the state or victim to show the date and place of
filing is $5.

(c) The secretary of state shall deposit the filing fee in the state
treasury to the credit of the statutory filing fund solely to defray
the costs of administration of this section. The department shall
deposit the filing fee in the state treasury to the credit of the
state highway fund to be used solely to defray the costs of
administering this section.

(d) The county clerk shall immediately record the restitution lien
in the judgment records of the county. The clerk shall note in the
records the date and hour the lien is received.

(e) The secretary of state shall immediately file the restitution
lien in the security interest and financing statement records of
the secretary of state. The secretary of state shall note in the
records the date and hour the lien is received.

(f) The department shall immediately file the restitution lien in
the motor vehicle records of the department. The department shall
note in the records the date and hour the lien is received.

(g) When a restitution lien is filed, the county clerk or secretary
of state shall enter the restitution lien in an alphabetical index
to the records in which the lien is filed showing:

(1) the name of the person entitled to restitution;

(2) the name of the defendant obligated to pay restitution, fines,
or costs;

(3) the amount of the lien; and

(4) the name of the court that ordered restitution.

(h) A person who files an affidavit to perfect a restitution lien
under this article shall notify in writing the clerk of the court
entering the judgment creating the lien of all officers or entities
with which the affidavit was filed.

Subject Property

 

Sec. 8. A restitution lien extends to:

(1) any interest of the defendant in real property whether then
owned or after-acquired located in a county in which the lien is
perfected by the filing of an affidavit with the county clerk;

(2) any interest of the defendant in tangible or intangible
personal property whether then owned or after-acquired other than a
motor vehicle if the lien is perfected by the filing of the
affidavit with the secretary of state; or

(3) any interest of the defendant in a motor vehicle whether then
owned or after-acquired if the lien is perfected by the filing of
the affidavit with the department.

Priority

 

Sec. 9. The perfection of a restitution lien under this article is
notice of the claim to all persons dealing with the defendant or the
property identified in the affidavit perfecting the lien. Without
regard to whether perfected before or after the perfection of a
restitution lien filed and perfected under this article, a
perfected real estate mortgage lien, a vendor's lien, a purchase
money security interest, a chattel paper security interest, a lien
on a motor vehicle perfected as provided by Chapter 501,
Transportation Code, or a worker's lien perfected in the manner
provided by law is superior and prior to a restitution lien filed
and perfected under this article. Except as provided by this
article, a perfected lien in favor of a victim is superior and prior
to a lien perfected by the state under this article, and the
perfected lien in favor of the state is superior and prior to the
claim or interest of any other person, other than:

(1) a person who acquires a valid lien or security interest
perfected before the perfection of the restitution lien;

(2) a bona fide purchaser who acquires an interest in the property,
if personal property, before the filing of the restitution lien, to
the extent that the purchaser gives value; or

(3) a bona fide purchaser for value who acquires and files for
record an interest in the property, if real property, before the
perfection of the restitution lien.

Payment

 

Sec. 10. The clerk receiving a payment from a defendant ordered to
pay restitution shall make payments to the person having an
interest in the restitution lien on a schedule of not less than
quarterly payments as determined by the clerk or agency.

Foreclosure

 

Sec. 11. If a defendant fails to timely make a payment required by
the order of the court entering the judgment creating the
restitution lien, the person having an interest in the lien may file
suit in a court of competent jurisdiction to foreclose the lien. If
the defendant cures the default on or before the 20th day after the
date the suit is filed and pays the person who files the suit costs
of court and reasonable attorney's fees, the court may dismiss the
suit without prejudice to the person. The person may refile the
suit against the defendant if the defendant subsequently defaults.

Expiration; Records

 

Sec. 12. (a) A restitution lien expires on the 10th anniversary of
the date the lien was filed or on the date the defendant satisfies
the judgment creating the lien, whichever occurs first. The person
having an interest in the lien may refile the lien before the date
the lien expires. A lien that is refiled expires on the 10th
anniversary of the date the lien was refiled or the date the
defendant satisfies the judgment creating the lien, whichever
occurs first.

(b) Failure to execute or foreclose the restitution lien does not
cause dormancy of the lien.

(c) The clerk of the court entering the judgment creating the
restitution lien shall maintain a record of the outstanding balance
of restitution, fines, or costs owed. If the defendant satisfies
the judgment, the clerk shall immediately execute and file for
record a release of the restitution lien with all officers or
entities with which the affidavit perfecting the lien was filed, as
indicated by the notice received by the clerk under Section 7(h) of
this article, unless a release was executed and filed by the person
who filed the affidavit to perfect the lien.

(d) A partial release of a lien as to specific property may be
executed by the attorney representing the state or a magistrate who
signs an affidavit described by Section 6 of this article on payment
of a sum determined to represent the defendant's interest in any
property to which the lien may attach.

Added by Acts 1995, 74th Leg., ch. 997, Sec. 1, eff. Sept. 1, 1996.
Amended by Acts 1997, 75th Leg., ch. 1118, Sec. 1, eff. Sept. 1,
1997. Renumbered from Vernon's Ann.C.C.P. art. 42.21 by Acts 1997,
75th Leg., ch. 165, Sec. 31.01(12), eff. Sept. 1, 1997. Sec. 2(b)
amended by Acts 1999, 76th Leg., ch. 295, Sec. 2, eff. Sept. 1,
1999; Sec. 1(4) amended by Acts 2001, 77th Leg., ch. 1334, Sec. 1,
eff. Sept. 1, 2001; Sec. 2(b) amended by Acts 2001, 77th Leg., ch.
1334, Sec. 2, eff. Sept. 1, 2001; Sec. 2(b) amended by Acts 2003,
78th Leg., ch. 1300, Sec. 2, eff. Sept. 1, 2003.

 

Art. 42.23. Notification of Court of Family Violence Conviction

(a) In this article, "family violence" has the meaning assigned by
Section 71.004, Family Code.

(b) If the attorney representing the state in a criminal case
involving family violence learns that the defendant is subject to
the jurisdiction of another court relating to an order that
provides for the appointment of a conservator or that sets the terms
and conditions of conservatorship or for possession of or access to
a child, the attorney representing the state shall notify the court
in which the defendant is being tried of the existence of the order
and the identity of the court of continuing jurisdiction.

(c) On the conviction or entry of an order deferring adjudication of
a defendant for an offense involving family violence, the
convicting court or the court entering the order shall notify the
court of continuing jurisdiction of the conviction or deferred
adjudication.

Added by Acts 2001, 77th Leg., ch. 1289, Sec. 11, eff. Sept. 1,
2001.

 

[ Back to top ]

© 2006 John T. Floyd III All Rights Reserved : Web Master Kevin Grey Lee