State of Texas House Bill 1287

H.B. No. 1287 was passed by the Senate, with amendments, on May 17, 2001

1-1 AN ACT
1-2 relating to the establishment of drug court programs and to a study
1-3 of drug court programs by the Criminal Justice Policy Council.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subtitle B, Title 6, Health and Safety Code, is
1-6 amended by adding Chapter 469 to read as follows:
1-7 CHAPTER 469. DRUG COURT PROGRAMS
1-8 Sec. 469.001. DRUG COURT PROGRAM DEFINED. In this chapter,
1-9 "drug court program" means a program that has the following
1-10 essential characteristics:
1-11 (1) the integration of alcohol and other drug
1-12 treatment services in the processing of cases in the judicial
1-13 system;
1-14 (2) the use of a nonadversarial approach involving
1-15 prosecutors and defense attorneys to promote public safety and to
1-16 protect the due process rights of program participants;
1-17 (3) early identification and prompt placement of
1-18 eligible participants in the program;
1-19 (4) access to a continuum of alcohol, drug, and other
1-20 related treatment and rehabilitative services;
1-21 (5) monitoring of abstinence through weekly alcohol
1-22 and other drug testing;
1-23 (6) a coordinated strategy to govern program responses
1-24 to participants' compliance;
2-1 (7) ongoing judicial interaction with program
2-2 participants;
2-3 (8) monitoring and evaluation of program goals and
2-4 effectiveness;
2-5 (9) continuing interdisciplinary education to promote
2-6 effective program planning, implementation, and operations; and
2-7 (10) development of partnerships with public agencies
2-8 and community organizations.
2-9 Sec. 469.002. AUTHORITY TO ESTABLISH PROGRAM. Except as
2-10 provided by Section 469.006, the commissioners court of a county
2-11 may establish a drug court program for persons arrested for,
2-12 charged with, or convicted of:
2-13 (1) an offense in which an element of the offense is
2-14 the use or possession of alcohol or the use, possession, or sale of
2-15 a controlled substance, a controlled substance analogue, or
2-16 marihuana; or
2-17 (2) an offense in which the use of alcohol or a
2-18 controlled substance is suspected to have significantly contributed
2-19 to the commission of the offense and the offense did not involve:
2-20 (A) carrying, possessing, or using a firearm or
2-21 other dangerous weapon;
2-22 (B) the use of force against the person of
2-23 another; or
2-24 (C) the death of or serious bodily injury to
2-25 another.
2-26 Sec. 469.003. OVERSIGHT. (a) The lieutenant governor and
2-27 the speaker of the house of representatives may assign to
3-1 appropriate legislative committees duties relating to the oversight
3-2 of drug court programs established under Section 469.002.
3-3 (b) A legislative committee or the governor may request the
3-4 state auditor to perform a management, operations, or financial or
3-5 accounting audit of a drug court program established under Section
3-6 469.002.
3-7 Sec. 469.004. FEES. (a) A drug court program established
3-8 under Section 469.002 may collect from a participant in the
3-9 program:
3-10 (1) a reasonable program fee not to exceed $1,000,
3-11 which may be paid on a periodic basis or on a deferred payment
3-12 schedule at the discretion of the judge, magistrate, or program
3-13 director administering the program; and
3-14 (2) a urinalysis testing and counseling fee:
3-15 (A) based on the participant's ability to pay;
3-16 and
3-17 (B) in an amount necessary to cover the costs of
3-18 the testing and counseling.
3-19 (b) A drug court program may require a participant to pay
3-20 all treatment costs incurred while participating in the program,
3-21 based on the participant's ability to pay.
3-22 Sec. 469.005. CRIMINAL JUSTICE POLICY COUNCIL STUDY.
3-23 (a) The Criminal Justice Policy Council shall conduct a study of
3-24 drug court programs in Texas and issue a report not later than
3-25 January 15, 2003, to the speaker of the house of representatives,
3-26 the lieutenant governor, the House Appropriations Committee, the
3-27 Senate Finance Committee, the House Committee on Judicial Affairs,
4-1 the Senate Committee on Jurisprudence, the House Committee on
4-2 Criminal Jurisprudence, and the Senate Committee on Criminal
4-3 Justice.
4-4 (b) The report shall examine the effectiveness of presently
4-5 operating drug court programs and make recommendations regarding
4-6 potential expansion and improvements.
4-7 (c) This section expires on June 1, 2003.
4-8 Sec. 469.006. PROGRAM IN CERTAIN COUNTIES MANDATORY. (a)
4-9 The commissioners court of a county with a population of more than
4-10 550,000 shall establish a drug court program under Section 469.002.
4-11 (b) A drug court program required under this section to be
4-12 established must have at least 100 participants during the first
4-13 four months in which the program is operating.
4-14 (c) A county required under this section to establish a drug
4-15 court program shall apply to the federal government for any funds
4-16 available to pay the costs of the program. The criminal justice
4-17 division of the governor's office may assist a county in applying
4-18 for federal funds as required by this subsection, including
4-19 providing financial assistance to the county.
4-20 (d) A county that does not establish a drug court program as
4-21 required by this section is ineligible to receive from the state:
4-22 (1) funds for a community supervision and corrections
4-23 department; and
4-24 (2) grants administered by the criminal justice
4-25 division of the governor's office.
4-26 Sec. 469.007. USE OF OTHER DRUG AND ALCOHOL AWARENESS
4-27 PROGRAMS. In addition to using a drug court program established
5-1 under Section 469.002, the commissioners court of a county or a
5-2 court may use other drug awareness or drug and alcohol driving
5-3 awareness programs to treat persons convicted of drug or alcohol
5-4 related offenses.
5-5 SECTION 2. (a) Except as provided by Subsection (b) of this
5-6 section, the commissioners court of a county shall establish a drug
5-7 court program as required by Section 469.006, Health and Safety
5-8 Code, as added by this Act, not later than September 1, 2002.
5-9 (b) A county is required under Section 469.006, Health and
5-10 Safety Code, as added by this Act, to establish a drug court
5-11 program only if the county receives federal funding specifically
5-12 for that purpose or the legislature appropriates money specifically
5-13 for that purpose. If the county does not receive federal funding
5-14 specifically for that purpose and the legislature does not
5-15 appropriate money specifically for that purpose, a county may, but
5-16 is not required to, establish a drug court program under Section
5-17 469.002, Health and Safety Code, as added by this Act, using other
5-18 money available for that purpose.
5-19 SECTION 3. This Act takes effect September 1, 2001.