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  H.B. No. 530
 
 
 
 
AN ACT
  relating to the operation and funding of drug court programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 469.001, Health and Safety Code, is
  amended to read as follows:
         Sec. 469.001.  DRUG COURT PROGRAM DEFINED; PROCEDURES FOR
  CERTAIN DEFENDANTS. (a) In this chapter, "drug court program"
  means a program that has the following essential characteristics:
               (1)  the integration of alcohol and other drug
  treatment services in the processing of cases in the judicial
  system;
               (2)  the use of a nonadversarial approach involving
  prosecutors and defense attorneys to promote public safety and to
  protect the due process rights of program participants;
               (3)  early identification and prompt placement of
  eligible participants in the program;
               (4)  access to a continuum of alcohol, drug, and other
  related treatment and rehabilitative services;
               (5)  monitoring of abstinence through weekly alcohol
  and other drug testing;
               (6)  a coordinated strategy to govern program responses
  to participants' compliance;
               (7)  ongoing judicial interaction with program
  participants;
               (8)  monitoring and evaluation of program goals and
  effectiveness;
               (9)  continuing interdisciplinary education to promote
  effective program planning, implementation, and operations; and
               (10)  development of partnerships with public agencies
  and community organizations.
         (b)  If a defendant successfully completes a drug court
  program, regardless of whether the defendant was convicted of the
  offense for which the defendant entered the program or whether the
  court deferred further proceedings without entering an
  adjudication of guilt, after notice to the state and a hearing on
  whether the defendant is otherwise entitled to the petition and
  whether issuance of the order is in the best interest of justice,
  the court shall enter an order of nondisclosure under Section
  411.081, Government Code, as if the defendant had received a
  discharge and dismissal under Section 5(c), Article 42.12, Code of
  Criminal Procedure, with respect to all records and files related
  to the defendant's arrest for the offense for which the defendant
  entered the program if the defendant:
               (1)  has not been previously convicted of a felony
  offense; and
               (2)  is not convicted for any other felony offense
  before the second anniversary of the defendant's successful
  completion of the program.
         (c)  Notwithstanding Subsection (b), a defendant is not
  entitled to petition the court for an order of nondisclosure
  following successful completion of a drug court program if the
  defendant's entry into the program arose as the result of a
  conviction for an offense involving the operation of a motor
  vehicle while intoxicated.
         SECTION 2.  Section 469.002, Health and Safety Code, is
  amended to read as follows:
         Sec. 469.002.  AUTHORITY TO ESTABLISH PROGRAM. The [Except
  as provided by Section 469.006, the] commissioners court of a
  county or governing body of a municipality may establish the
  following types of [a] drug court programs:
               (1)  drug courts for [program for] persons arrested
  for, charged with, or convicted of:
                     (A) [(1)]  an offense in which an element of the
  offense is the use or possession of alcohol or the use, possession,
  or sale of a controlled substance, a controlled substance analogue,
  or marihuana; or
                     (B) [(2)]  an offense in which the use of alcohol
  or a controlled substance is suspected to have significantly
  contributed to the commission of the offense and the offense did not
  involve:
                           (i) [(A)]  carrying, possessing, or using a
  firearm or other dangerous weapon;
                           (ii) [(B)]  the use of force against the
  person of another; or
                           (iii) [(C)]  the death of or serious bodily
  injury to another;
               (2)  drug courts for juveniles detained for, taken into
  custody for, or adjudicated as having engaged in:
                     (A)  delinquent conduct, including habitual
  felony conduct, or conduct indicating a need for supervision in
  which an element of the conduct is the use or possession of alcohol
  or the use, possession, or sale of a controlled substance, a
  controlled substance analogue, or marihuana; or
                     (B)  delinquent conduct, including habitual
  felony conduct, or conduct indicating a need for supervision in
  which the use of alcohol or a controlled substance is suspected to
  have significantly contributed to the commission of the conduct and
  the conduct did not involve:
                           (i)  carrying, possessing, or using a
  firearm or other dangerous weapon;
                           (ii)  the use of force against the person of
  another; or
                           (iii)  the death of or serious bodily injury
  to another;
               (3)  reentry drug courts for persons with a
  demonstrated history of using alcohol or a controlled substance who
  may benefit from a program designed to facilitate the person's
  transition and reintegration into the community on release from a
  state or local correctional facility;
               (4)  family dependency drug treatment courts for family
  members involved in a suit affecting the parent-child relationship
  in which a parent's use of alcohol or a controlled substance is a
  primary consideration in the outcome of the suit; or
               (5)  programs for other persons not precisely described
  by Subdivisions (1)-(4) who may benefit from a program that has the
  essential characteristics described by Section 469.001.
         SECTION 3.  Section 469.003, Health and Safety Code, is
  amended to read as follows:
         Sec. 469.003.  OVERSIGHT. (a)  The lieutenant governor and
  the speaker of the house of representatives may assign to
  appropriate legislative committees duties relating to the
  oversight of drug court programs established under this chapter
  [Section 469.002].
         (b)  A legislative committee or the governor may request the
  state auditor to perform a management, operations, or financial or
  accounting audit of a drug court program established under this
  chapter [Section 469.002].
         (c)  A drug court program established under this chapter
  shall:
               (1)  notify the criminal justice division of the
  governor's office before or on implementation of the program; and
               (2)  provide information regarding the performance of
  the program to the division on request.
         SECTION 4.  Section 469.004, Health and Safety Code, is
  amended to read as follows:
         Sec. 469.004.  FEES. (a) A drug court program established
  under this chapter [Section 469.002] may collect from a participant
  in the program:
               (1)  a reasonable program fee not to exceed $1,000[,
  which may be paid on a periodic basis or on a deferred payment
  schedule at the discretion of the judge, magistrate, or program
  director administering the program]; and
               (2)  an alcohol or controlled substance [a urinalysis]
  testing, [and] counseling, and treatment fee[:
                     [(A)     based on the participant's ability to pay;
  and
                     [(B)]  in an amount necessary to cover the costs
  of the testing, [and] counseling, and treatment.
         (b)  Fees collected under this section may be paid on a
  periodic basis or on a deferred payment schedule at the discretion
  of the judge, magistrate, or program director administering the
  program. The fees must be:
               (1)  [A drug court program may require a participant to
  pay all treatment costs incurred while participating in the
  program,] based on the participant's ability to pay; and
               (2)  used only for purposes specific to the program.
         SECTION 5.  Section 469.006, Health and Safety Code, is
  amended to read as follows:
         Sec. 469.006.  PROGRAM IN CERTAIN COUNTIES MANDATORY. (a)
  The commissioners court of a county with a population of more than
  200,000 [550,000] shall establish a drug court program under
  Subdivision (1) of Section 469.002.
         (b)  [A drug court program required under this section to be
  established must have at least 100 participants during the first
  four months in which the program is operating.
         [(c)]  A county required under this section to establish a
  drug court program shall apply for [to the] federal and state 
  [government for any] funds available to pay the costs of the
  program. The criminal justice division of the governor's office
  may assist a county in applying for federal funds as required by
  this subsection[, including providing financial assistance to the
  county].
         (c)  Notwithstanding Subsection (a), a county is required to
  establish a drug court program under this section only if the county
  receives federal or state funding, including funding under Article
  102.0178, Code of Criminal Procedure, specifically for that
  purpose.
         (d)  A county that does not establish a drug court program as
  required by this section and maintain the program is ineligible to
  receive from the state:
               (1)  funds for a community supervision and corrections
  department; and
               (2)  grants for substance abuse treatment programs
  administered by the criminal justice division of the governor's
  office.
         SECTION 6.  Section 469.007, Health and Safety Code, is
  amended to read as follows:
         Sec. 469.007.  USE OF OTHER DRUG AND ALCOHOL AWARENESS
  PROGRAMS. In addition to using a drug court program established
  under this chapter [Section 469.002], the commissioners court of a
  county or a court may use other drug awareness or drug and alcohol
  driving awareness programs to treat persons convicted of drug or
  alcohol related offenses.
         SECTION 7.  Chapter 469, Health and Safety Code, is amended
  by adding Sections 469.0025, 469.005, 469.008, and 469.009 to read
  as follows:
         Sec. 469.0025.  ESTABLISHMENT OF REGIONAL PROGRAM. (a) The
  commissioners courts of three or more counties, or the governing
  bodies of three or more municipalities, may elect to establish a
  regional drug court program under this chapter for the
  participating counties or municipalities.
         (b)  For purposes of this chapter, each county or
  municipality that elects to establish a regional drug court program
  under this section is considered to have established the program
  and is entitled to retain fees under Article 102.0178, Code of
  Criminal Procedure, in the same manner as if the county or
  municipality had established a drug court program without
  participating in a regional program.
         Sec. 469.005.  DRUG COURT PROGRAMS EXCLUSIVELY FOR CERTAIN
  INTOXICATION OFFENSES. (a)  The commissioners court of a county may
  establish under this chapter a drug court program exclusively for
  persons arrested for, charged with, or convicted of an offense
  involving the operation of a motor vehicle while intoxicated.
         (b)  A county that establishes a drug court program under
  this chapter but does not establish a separate program under this
  section must employ procedures designed to ensure that a person
  arrested for, charged with, or convicted of a second or subsequent
  offense involving the operation of a motor vehicle while
  intoxicated participates in the county's existing drug court
  program.
         Sec. 469.008.  SUSPENSION OR DISMISSAL OF COMMUNITY SERVICE
  REQUIREMENT.  (a)  Notwithstanding Sections 13 and 16, Article
  42.12, Code of Criminal Procedure, to encourage participation in a
  drug court program established under this chapter, the judge or
  magistrate administering the program may suspend any requirement
  that, as a condition of community supervision, a participant in the
  program work a specified number of hours at a community service
  project or projects.
         (b)  On a participant's successful completion of a drug court
  program, a judge or magistrate may excuse the participant from any
  condition of community supervision previously suspended under
  Subsection (a).
         Sec. 469.009.  OCCUPATIONAL DRIVER'S LICENSE.
  Notwithstanding Section 521.242, Transportation Code, if a
  participant's driver's license has been suspended as a result of an
  alcohol-related or drug-related enforcement contact, as defined by
  Section 524.001, Transportation Code, or as a result of a
  conviction under Section 49.04, 49.07, or 49.08, Penal Code, the
  judge or magistrate administering a drug court program under this
  chapter may order that an occupational license be issued to the
  participant. An order issued under this section is subject to
  Sections 521.248-521.252, Transportation Code, except that any
  reference to a petition under Section 521.242 of that code does not
  apply.
         SECTION 8.  Subchapter A, Chapter 102, Code of Criminal
  Procedure, is amended by adding Article 102.0178 to read as
  follows:
         Art. 102.0178.  COSTS ATTENDANT TO CERTAIN INTOXICATION AND
  DRUG CONVICTIONS. (a) In addition to other costs on conviction
  imposed by this chapter, a person shall pay $50 as a court cost on
  conviction of an offense punishable as a Class B misdemeanor or any
  higher category of offense under:
               (1)  Chapter 49, Penal Code; or
               (2)  Chapter 481, Health and Safety Code.
         (b)  For purposes of this article, a person is considered to
  have been convicted if:
               (1)  a sentence is imposed; or
               (2)  the defendant receives community supervision or
  deferred adjudication.
         (c)  Court costs under this article are collected in the same
  manner as other fines or costs. An officer collecting the costs
  shall keep separate records of the funds collected as costs under
  this article and shall deposit the funds in the county treasury, as
  appropriate.
         (d)  The custodian of a county treasury shall:
               (1)  keep records of the amount of funds on deposit
  collected under this article; and
               (2)  except as provided by Subsection (e), send to the
  comptroller before the last day of the first month following each
  calendar quarter the funds collected under this article during the
  preceding quarter.
         (e)  A county is entitled to:
               (1)  if the custodian of the county treasury complies
  with Subsection (d), retain 10 percent of the funds collected under
  this article by an officer of the county during the calendar quarter
  as a service fee; and
               (2)  if the county has established a drug court program
  or establishes a drug court program before the expiration of the
  calendar quarter, retain in addition to the 10 percent authorized
  by Subdivision (1) another 50 percent of the funds collected under
  this article by an officer of the county during the calendar quarter
  to be used exclusively for the development and maintenance of drug
  court programs operated within the county.
         (f)  If no funds due as costs under this article are
  deposited in a county treasury in a calendar quarter, the custodian
  of the treasury shall file the report required for the quarter in
  the regular manner and must state that no funds were collected.
         (g)  The comptroller shall deposit the funds received under
  this article to the credit of the drug court account in the general
  revenue fund to help fund drug court programs established under
  Chapter 469, Health and Safety Code. The legislature shall
  appropriate money from the account solely to the criminal justice
  division of the governor's office for distribution to drug court
  programs that apply for the money.
         (h)  Funds collected under this article are subject to audit
  by the comptroller.
         SECTION 9.  Chapter 54, Government Code, is amended by
  adding Subchapter GG to read as follows:
  SUBCHAPTER GG.  MAGISTRATES FOR DRUG COURT PROGRAMS
         Sec. 54.1801.  DEFINITION.  In this subchapter, "drug court" 
  has the meaning assigned by Section 469.001, Health and Safety
  Code.
         Sec. 54.1802.  APPLICABILITY OF SUBCHAPTER.  This subchapter
  applies to each district court and statutory county court with
  criminal jurisdiction in this state.  If a provision of this
  subchapter conflicts with a specific provision for a particular
  district court or statutory county court, the specific provision
  controls.
         Sec. 54.1803.  APPOINTMENT.  (a)  The judges of the district
  courts of a county hearing criminal cases and the judges of the
  statutory county courts with criminal jurisdiction in a county,
  with the consent and approval of the commissioners court of the
  county, may appoint the number of magistrates set by the
  commissioners court to perform the duties associated with the
  administration of drug courts as authorized by this subchapter.
         (b)  Each magistrate's appointment must be made with the
  approval of the majority of the district court or statutory county
  court judges described in Subsection (a), as applicable.
         (c)  A magistrate appointed under this section serves at the
  will of a majority of the appointing judges.
         Sec. 54.1804.  QUALIFICATIONS. A magistrate must:
               (1)  be a resident of this state and of the county in
  which the magistrate is appointed to serve under this subchapter;
  and
               (2)  have been licensed to practice law in this state
  for at least four years.
         Sec. 54.1805.  COMPENSATION. A magistrate is entitled to
  the salary determined by the county commissioners court.
         Sec. 54.1806.  JUDICIAL IMMUNITY. A magistrate has the same
  judicial immunity as a judge of a district court or statutory county
  court appointing the magistrate.
         Sec. 54.1807.  PROCEEDINGS THAT MAY BE REFERRED.  (a)  A
  district judge or judge of a statutory county court with criminal
  jurisdiction may refer to a magistrate a criminal case for drug
  court proceedings.
         (b)  A magistrate may not preside over a contested trial on
  the merits, regardless of whether the trial is before a jury.
         Sec. 54.1808.  ORDER OF REFERRAL. (a)  To refer one or more
  cases to a drug court magistrate, a district judge or judge of a
  statutory county court with criminal jurisdiction must issue an
  order of referral specifying the magistrate's duties.
         (b)  An order of referral may:
               (1)  limit the powers of the magistrate and direct the
  magistrate to report on specific issues and perform particular
  acts;
               (2)  set the time and place for the hearing;
               (3)  provide a date for filing the magistrate's
  findings;
               (4)  designate proceedings for more than one case over
  which the magistrate shall preside; and
               (5)  set forth general powers and limitations of
  authority of the magistrate applicable to any case referred.
         Sec. 54.1809.  POWERS. Except as limited by an order of
  referral, a magistrate to whom a drug court case is referred may
  perform any act and take any measure necessary and proper for the
  efficient performance of the duties assigned by the district or
  statutory county court judge.
         SECTION 10.  Subchapter B, Chapter 102, Government Code, is
  amended by adding Section 102.0215 to read as follows:
         Sec. 102.0215.  ADDITIONAL COURT COSTS ON CONVICTION: CODE
  OF CRIMINAL PROCEDURE.  A person convicted of an offense shall pay
  under the Code of Criminal Procedure, in addition to all other
  costs, costs attendant to convictions under Chapter 49, Penal Code,
  and under Chapter 481, Health and Safety Code, to help fund drug
  court programs established under Chapter 469, Health and Safety
  Code (Art. 102.0178, Code of Criminal Procedure) . . . $50.
         SECTION 11.  (a) Except as otherwise provided by this
  section, the change in law made by this Act in amending Chapter 469,
  Health and Safety Code, applies to a defendant who enters a drug
  court program under Chapter 469, Health and Safety Code, regardless
  of whether the defendant committed the offense for which the
  defendant enters the program before, on, or after the effective
  date of this Act.
         (b)  The commissioners court of a county required under
  Section 469.006(a), Health and Safety Code, as amended by this Act,
  to establish a drug court program shall establish the program not
  later than the later of:
               (1)  September 1, 2008; or
               (2)  the first anniversary of the initial date on which
  the federal census indicates that the county's population exceeds
  200,000.
         (c)  The change in law made by this Act in adding Article
  102.0178, Code of Criminal Procedure, and Section 102.0215,
  Government Code, applies only to an offense committed on or after
  the effective date of this Act. An offense committed before the
  effective date of this Act is governed by the law in effect when the
  offense was committed, and the former law is continued in effect for
  that purpose. For purposes of this subsection, an offense was
  committed before the effective date of this Act if any element of
  the offense was committed before that date.
         SECTION 12.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 530 was passed by the House on April
  25, 2007, by the following vote:  Yeas 145, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 530 on May 21, 2007, by the following vote:  Yeas 139, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 530 was passed by the Senate, with
  amendments, on May 17, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor