S.B. No. 462

	AN ACT
	relating to specialty court programs in this state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1.  SPECIALTY COURT PROGRAMS
	SECTION 1.01.  Title 2, Government Code, is amended by
	adding Subtitle K to read as follows:
	SUBTITLE K.  SPECIALTY COURTS
	CHAPTER 121.  GENERAL PROVISIONS
	Sec. 121.001.  DEFINITION. In this subtitle, "specialty
	court" means a court established under this subtitle or former law.
	Sec. 121.002.  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 specialty court programs.
	(b)  For the purpose of determining the eligibility of a
	specialty court program to receive state or federal grant funds
	administered by a state agency, the governor or a legislative
	committee to which duties are assigned under Subsection (a) may
	request the state auditor to perform a management, operations, or
	financial or accounting audit of the program.
	(c)  Notwithstanding any other law, a specialty court
	program may not operate until the judge, magistrate, or
	coordinator:
	(1)  provides to the criminal justice division of the
	governor's office:
	(A)  written notice of the program;
	(B)  any resolution or other official declaration
	under which the program was established; and
	(C)  a copy of the applicable community justice
	plan that incorporates duties related to supervision that will be
	required under the program; and
	(2)  receives from the division written verification of
	the program's compliance with Subdivision (1).
	(d)  A specialty court program shall:
	(1)  comply with all programmatic best practices
	recommended by the Specialty Courts Advisory Council under Section
	772.0061(b)(2) and approved by the Texas Judicial Council; and
	(2)  report to the criminal justice division any
	information required by the division regarding the performance of
	the program.
	(e)  A specialty court program that fails to comply with
	Subsections (c) and (d) is not eligible to receive any state or
	federal grant funds administered by any state agency.
	SECTION 1.02.  Subchapter J, Chapter 264, Family Code, is
	transferred to Subtitle K, Title 2, Government Code, as added by
	this Act, redesignated as Chapter 122, Government Code, and amended
	to read as follows:
	CHAPTER 122 [SUBCHAPTER J].  FAMILY DRUG COURT PROGRAM
	Sec. 122.001 [264.801].  FAMILY DRUG COURT PROGRAM DEFINED.
	In this chapter [subchapter], "family drug court program" means a
	program that has the following essential characteristics:
	(1)  the integration of substance abuse treatment
	services in the processing of civil cases in the child welfare
	system with the goal of family reunification;
	(2)  the use of a comprehensive case management
	approach involving Department of Family and Protective Services
	[department] caseworkers, court-appointed case managers, and
	court-appointed special advocates to rehabilitate a parent who has
	had a child removed from the parent's care by the department because
	of suspected child abuse or neglect and who is suspected of
	substance abuse;
	(3)  early identification and prompt placement of
	eligible parents who volunteer to participate in the program;
	(4)  comprehensive substance abuse needs assessment
	and referral to an appropriate substance abuse treatment agency;
	(5)  a progressive treatment approach with specific
	requirements that a parent must meet to advance to the next phase of
	the program;
	(6)  monitoring of abstinence through periodic alcohol
	or other drug testing;
	(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.
	Sec. 122.002 [264.802].  AUTHORITY TO ESTABLISH PROGRAM.
	The commissioners court of a county may establish a family drug
	court program for persons who:
	(1)  have had a child removed from their care by the
	Department of Family and Protective Services [department]; and
	(2)  are suspected by the Department of Family and
	Protective Services [department] or a court of having a substance
	abuse problem.
	[Sec.   264.803.     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 family drug court programs established under this
	subchapter.
	[(b)     A legislative committee or the governor may request the
	state auditor to perform a management, operations, or financial or
	accounting audit of a family drug court program established under
	this subchapter.]
	Sec. 122.003 [264.804].  PARTICIPANT PAYMENT FOR TREATMENT
	AND SERVICES. A family drug court program may require a participant
	to pay the cost of all treatment and services received while
	participating in the program, based on the participant's ability to
	pay.
	Sec. 122.004 [264.805].  FUNDING. A county creating a
	family drug court under this chapter shall explore the possibility
	of using court improvement project funds to finance the family drug
	court in the county.  The county shall also explore the availability
	of federal and state matching funds to finance the court.
	SECTION 1.03.  Subsection (a), Section 76.011, Government
	Code, is amended to read as follows:
	(a)  The department may operate programs for:
	(1)  the supervision and rehabilitation of persons in
	pretrial intervention programs;
	(2)  the supervision of persons released on bail under:
	(A)  Chapter 11, Code of Criminal Procedure;
	(B)  Chapter 17, Code of Criminal Procedure;
	(C)  Article 44.04, Code of Criminal Procedure; or
	(D)  any other law;
	(3)  the supervision of a person subject to, or the
	verification of compliance with, a court order issued under:
	(A)  Article 17.441, Code of Criminal Procedure,
	requiring a person to install a deep-lung breath analysis mechanism
	on each vehicle owned or operated by the person;
	(B)  Chapter 123 of this code or former law [469,
	Health and Safety Code], issuing an occupational driver's license;
	(C)  Section 49.09(h), Penal Code, requiring a
	person to install a deep-lung breath analysis mechanism on each
	vehicle owned or operated by the person; or
	(D)  Subchapter L, Chapter 521, Transportation
	Code, granting a person an occupational driver's license; and
	(4)  the supervision of a person not otherwise
	described by Subdivision (1), (2), or (3), if a court orders the
	person to submit to the supervision of, or to receive services from,
	the department.
	SECTION 1.04.  Chapter 469, Health and Safety Code, is
	transferred to Subtitle K, Title 2, Government Code, as added by
	this Act, redesignated as Chapter 123, Government Code, and amended
	to read as follows:
	CHAPTER 123 [469].  DRUG COURT PROGRAMS
	Sec. 123.001 [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 an [a felony]
	offense listed in Section 3g, Article 42.12, Code of Criminal
	Procedure, or a sexually violent offense, as defined by Article
	62.001, Code of Criminal Procedure; and
	(2)  is not convicted for any [other] felony offense
	between the date on which the defendant successfully completed the
	program and [before] the second anniversary of that date [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.
	Sec. 123.002 [469.002].  AUTHORITY TO ESTABLISH PROGRAM.
	The commissioners court of a county or governing body of a
	municipality may establish the following types of drug court
	programs:
	(1)  drug courts for persons arrested for, charged
	with, or convicted of:
	(A)  an offense in which an element of the offense
	is the use or possession of alcohol or the use, possession, or sale
	of a controlled substance, a controlled substance analogue, or
	marihuana; or
	(B)  an offense in which the use of alcohol or a
	controlled substance is suspected to have significantly
	contributed to the commission of the offense and the offense did not
	involve:
	(i)  carrying, possessing, or using a
	firearm or other dangerous weapon;
	(ii)  the use of force against the person of
	another; or
	(iii)  the death of or serious bodily injury
	to another;
	(2)  drug courts for juveniles detained for, taken into
	custody for, or adjudicated as having engaged in:
	(A)  delinquent conduct, including habitual
	felony conduct, or conduct indicating a need for supervision in
	which an element of the conduct is the use or possession of alcohol
	or the use, possession, or sale of a controlled substance, a
	controlled substance analogue, or marihuana; or
	(B)  delinquent conduct, including habitual
	felony conduct, or conduct indicating a need for supervision in
	which the use of alcohol or a controlled substance is suspected to
	have significantly contributed to the commission of the conduct and
	the conduct did not involve:
	(i)  carrying, possessing, or using a
	firearm or other dangerous weapon;
	(ii)  the use of force against the person of
	another; or
	(iii)  the death of or serious bodily injury
	to another;
	(3)  reentry drug courts for persons with a
	demonstrated history of using alcohol or a controlled substance who
	may benefit from a program designed to facilitate the person's
	transition and reintegration into the community on release from a
	state or local correctional facility;
	(4)  family dependency drug treatment courts for family
	members involved in a suit affecting the parent-child relationship
	in which a parent's use of alcohol or a controlled substance is a
	primary consideration in the outcome of the suit; or
	(5)  programs for other persons not precisely described
	by Subdivisions (1)-(4) who may benefit from a program that has the
	essential characteristics described by Section 123.001 [469.001].
	Sec. 123.003 [469.0025].  ESTABLISHMENT OF REGIONAL
	PROGRAM. (a)  The commissioners courts of two or more counties, or
	the governing bodies of two or more municipalities, may elect to
	establish a regional drug court program under this chapter for the
	participating counties or municipalities.
	(b)  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.   469.003.     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.
	[(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.
	[(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.]
	Sec. 123.004 [469.004].  FEES. (a)  A drug court program
	established under this chapter may collect from a participant in
	the program:
	(1)  a reasonable program fee not to exceed $1,000; and
	(2)  an alcohol or controlled substance testing,
	counseling, and treatment fee in an amount necessary to cover the
	costs of the testing, 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 coordinator [program director
	administering the program].  The fees must be:
	(1)  based on the participant's ability to pay; and
	(2)  used only for purposes specific to the program.
	Sec. 123.005 [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. 123.006 [469.006].  PROGRAM IN CERTAIN COUNTIES
	MANDATORY. (a)  The commissioners court of a county with a
	population of more than 200,000 shall:
	(1)  establish a drug court program under [Subdivision
	(1) of] Section 123.002(1); and
	(2)  direct the judge, magistrate, or coordinator to
	comply with Section 121.002(c)(1) [469.002].
	(b)  A county required under this section to establish a drug
	court program shall apply for federal and state funds available to
	pay the costs of the program.  The criminal justice division of the
	governor's office may assist a county in applying for federal funds
	as required by this subsection.
	(c)  Notwithstanding Subsection (a), a county is required to
	establish a drug court program under this section only if:
	(1)  the county receives federal or state funding,
	including funding under Article 102.0178, Code of Criminal
	Procedure, specifically for that purpose; and
	(2)  the judge, magistrate, or coordinator receives the
	verification described by Section 121.002(c)(2).
	(d)  A county that does not establish a drug court program as
	required by this section and maintain the program is ineligible to
	receive from the state:
	(1)  funds for a community supervision and corrections
	department; and
	(2)  grants for substance abuse treatment programs
	administered by the criminal justice division of the governor's
	office.
	Sec. 123.007 [469.007].  USE OF OTHER DRUG AND ALCOHOL
	AWARENESS PROGRAMS. In addition to using a drug court program
	established under this chapter, the commissioners court of a county
	or a court may use other drug awareness or drug and alcohol driving
	awareness programs to treat persons convicted of drug or alcohol
	related offenses.
	Sec. 123.008 [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. 123.009 [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 1.05.  Chapter 617, Health and Safety Code, is
	transferred to Subtitle K, Title 2, Government Code, as added by
	this Act, redesignated as Chapter 124, Government Code, and amended
	to read as follows:
	CHAPTER 124 [617].  VETERANS COURT PROGRAM
	Sec. 124.001 [617.001].  VETERANS COURT PROGRAM DEFINED;
	PROCEDURES FOR CERTAIN DEFENDANTS. (a)  In this chapter, "veterans
	court program" means a program that has the following essential
	characteristics:
	(1)  the integration of services in the processing of
	cases in the judicial system;
	(2)  the use of a nonadversarial approach involving
	prosecutors and defense attorneys to promote public safety and to
	protect the due process rights of program participants;
	(3)  early identification and prompt placement of
	eligible participants in the program;
	(4)  access to a continuum of alcohol, controlled
	substance, mental health, and other related treatment and
	rehabilitative services;
	(5)  careful monitoring of treatment and services
	provided to program participants;
	(6)  a coordinated strategy to govern program responses
	to participants' compliance;
	(7)  ongoing judicial interaction with program
	participants;
	(8)  monitoring and evaluation of program goals and
	effectiveness;
	(9)  continuing interdisciplinary education to promote
	effective program planning, implementation, and operations; and
	(10)  development of partnerships with public agencies
	and community organizations, including the United States
	Department of Veterans Affairs.
	(b)  If a defendant successfully completes a veterans court
	program[,] as authorized under Section 76.011, [Government Code,]
	after notice to the attorney representing the state and a hearing in
	the veterans court at which that court determines that a dismissal
	is in the best interest of justice, the court in which the criminal
	case is pending shall dismiss the criminal action against the
	defendant.
	Sec. 124.002 [617.002].  AUTHORITY TO ESTABLISH PROGRAM;
	ELIGIBILITY. (a)  The commissioners court of a county may
	establish a veterans court program for persons arrested for or
	charged with any misdemeanor or felony offense.  A defendant is
	eligible to participate in a veterans court program established
	under this chapter only if the attorney representing the state
	consents to the defendant's participation in the program and if the
	court in which the criminal case is pending finds that the
	defendant:
	(1)  is a veteran or current member of the United States
	armed forces, including a member of the reserves, national guard,
	or state guard; and
	(2)  suffers from a brain injury, mental illness, or
	mental disorder, including post-traumatic stress disorder, that:
	(A)  resulted from the defendant's military
	service in a combat zone or other similar hazardous duty area; and
	(B)  materially affected the defendant's criminal
	conduct at issue in the case.
	(b)  The court in which the criminal case is pending shall
	allow an eligible defendant to choose whether to proceed through
	the veterans court program or otherwise through the criminal
	justice system.
	(c)  Proof of matters described by Subsection (a) may be
	submitted to the court in which the criminal case is pending in any
	form the court determines to be appropriate, including military
	service and medical records, previous determinations of a
	disability by a veteran's organization or by the United States
	Department of Veterans Affairs, testimony or affidavits of other
	veterans or service members, and prior determinations of
	eligibility for benefits by any state or county veterans office.
	The court's findings must accompany any docketed case.
	Sec. 124.003 [617.003].  DUTIES OF VETERANS COURT. (a)  A
	veterans court program established under this chapter must:
	(1)  ensure a person eligible for the program is
	provided legal counsel before volunteering to proceed through the
	program and while participating in the program;
	(2)  allow a participant to withdraw from the program
	at any time before a trial on the merits has been initiated;
	(3)  provide a participant with a court-ordered
	individualized treatment plan indicating the services that will be
	provided to the participant; and
	(4)  ensure that the jurisdiction of the veterans court
	continues for a period of not less than six months but does not
	continue beyond the period of community supervision for the offense
	charged.
	(b)  A veterans court program established under this chapter
	shall make, establish, and publish local procedures to ensure
	maximum participation of eligible defendants in the county or
	counties in which those defendants reside.
	(c)  This chapter does not prevent the initiation of
	procedures under Chapter 46B, Code of Criminal Procedure.
	Sec. 124.004 [617.004].  ESTABLISHMENT OF REGIONAL PROGRAM.
	(a)  The commissioners courts of two or more counties may elect to
	establish a regional veterans court program under this chapter for
	the participating counties.
	(b)  For purposes of this chapter, each county that elects to
	establish a regional veterans 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 had established a veterans court
	program without participating in a regional program.
	[Sec.   617.005.     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 veterans court programs established under this
	chapter.
	[(b)     A legislative committee or the governor may request the
	state auditor to perform a management, operations, or financial or
	accounting audit of a veterans court program established under this
	chapter.
	[(c)     A veterans 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 that division on request.]
	Sec. 124.005 [617.006].  FEES. (a)  A veterans court
	program established under this chapter may collect from a
	participant in the program:
	(1)  a reasonable program fee not to exceed $1,000; and
	(2)  a testing, counseling, and treatment fee in an
	amount necessary to cover the costs of any testing, counseling, or
	treatment performed or provided under the program.
	(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 coordinator [program director
	administering the program].  The fees must be:
	(1)  based on the participant's ability to pay; and
	(2)  used only for purposes specific to the program.
	SECTION 1.06.  Chapter 616, Health and Safety Code, is
	transferred to Subtitle K, Title 2, Government Code, as added by
	this Act, redesignated as Chapter 125, Government Code, and amended
	to read as follows:
	CHAPTER 125 [616].  MENTAL HEALTH COURT PROGRAMS
	Sec. 125.001 [616.001].  MENTAL HEALTH COURT PROGRAM
	DEFINED. In this chapter, "mental health court program" means a
	program that has the following essential characteristics:
	(1)  the integration of mental illness treatment
	services and mental retardation 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 mental illness treatment services and
	mental retardation services;
	(5)  ongoing judicial interaction with program
	participants;
	(6)  diversion of potentially mentally ill or mentally
	retarded defendants to needed services as an alternative to
	subjecting those defendants to the criminal justice system;
	(7)  monitoring and evaluation of program goals and
	effectiveness;
	(8)  continuing interdisciplinary education to promote
	effective program planning, implementation, and operations; and
	(9)  development of partnerships with public agencies
	and community organizations, including local mental retardation
	authorities.
	Sec. 125.002 [616.002].  AUTHORITY TO ESTABLISH PROGRAM.
	The commissioners court of a county may establish a mental health
	court program for persons who:
	(1)  have been arrested for or charged with a
	misdemeanor or felony; and
	(2)  are suspected by a law enforcement agency or a
	court of having a mental illness or mental retardation.
	Sec. 125.003 [616.003].  PROGRAM. (a)  A mental health
	court program established under Section 125.002 [616.002]:
	(1)  may handle all issues arising under Articles 16.22
	and 17.032, Code of Criminal Procedure, and Chapter 46B, Code of
	Criminal Procedure; and
	(2)  must:
	(A)  ensure a person eligible for the program is
	provided legal counsel before volunteering to proceed through the
	mental health court program and while participating in the program;
	(B)  allow a person, if eligible for the program,
	to choose whether to proceed through the mental health court
	program or proceed through the regular criminal justice system;
	(C)  allow a participant to withdraw from the
	mental health court program at any time before a trial on the merits
	has been initiated;
	(D)  provide a participant with a court-ordered
	individualized treatment plan indicating the services that will be
	provided to the participant; and
	(E)  ensure that the jurisdiction of the mental
	health court extends at least six months but does not extend beyond
	the probationary period for the offense charged if the probationary
	period is longer than six months.
	(b)  The issues shall be handled by a magistrate, as
	designated by Article 2.09, Code of Criminal Procedure, who is part
	of a mental health court program established under Section 125.002
	[616.002].
	[Sec.   616.004.     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 mental health court programs established under Section
	616.002.
	[(b)     A legislative committee or the governor may request the
	state auditor to perform a management, operations, or financial or
	accounting audit of a mental health court program established under
	Section 616.002.]
	Sec. 125.004 [616.005].  PARTICIPANT PAYMENT FOR TREATMENT
	AND SERVICES. A mental health court program may require a
	participant to pay the cost of all treatment and services received
	while participating in the program, based on the participant's
	ability to pay.
	SECTION 1.07.  Subsection (b), Section 509.007, Government
	Code, is amended to read as follows:
	(b)  A community justice plan required under this section
	must include:
	(1)  a statement of goals and priorities and of
	commitment by the community justice council, the judges described
	by Section 76.002 who established the department, and the
	department director to achieve a targeted level of alternative
	sanctions;
	(2)  a description of methods for measuring the success
	of programs provided by the department or provided by an entity
	served by the department;
	(3)  a proposal for the use of state jail felony
	facilities and, at the discretion of the community justice council,
	a regional proposal for the construction, operation, maintenance,
	or management of a state jail felony facility by a county, a
	community supervision and corrections department, or a private
	vendor under a contract with a county or a community supervision and
	corrections department;
	(4)  a description of the programs and services the
	department provides or intends to provide, including a separate
	description of:
	(A)  any services the department intends to
	provide in relation to a specialty court program; and
	(B)  any programs or other services the department
	intends to provide to enhance public safety, reduce recidivism,
	strengthen the investigation and prosecution of criminal offenses,
	improve programs and services available to victims of crime, and
	increase the amount of restitution collected from persons
	supervised by the department; and
	(5)  an outline of the department's projected
	programmatic and budgetary needs, based on the programs and
	services the department both provides and intends to provide.
	SECTION 1.08.  Subdivision (2), Subsection (a), Section
	772.0061, Government Code, is amended to read as follows:
	(2)  "Specialty court" means:
	(A)  a family drug court program established under
	Chapter 122 or former law;
	(B)  a drug court program established under
	Chapter 123 or former law [469, Health and Safety Code];
	(C)  a veterans court program established under
	Chapter 124 or former law; and
	(D) [(B)]  a mental health court program
	established under Chapter 125 or former law [616, Health and Safety
	Code; and
	[(C)     a veterans court program established under
	Chapter 617, Health and Safety Code].
	SECTION 1.09.  Section 772.0061, Government Code, is amended
	by amending Subsections (b), (c), (d), and (e) and adding
	Subsection (j) to read as follows:
	(b)  The governor shall establish the Specialty Courts
	Advisory Council within the criminal justice division established
	under Section 772.006 to:
	(1)  evaluate applications for grant funding for
	specialty courts in this state and to make funding recommendations
	to the criminal justice division; and
	(2)  make recommendations to the criminal justice
	division regarding best practices for specialty courts established
	under Chapter 122, 123, 124, or 125 or former law.
	(c)  The council is composed of nine [seven] members
	appointed by the governor as follows:
	(1)  one member with experience as the judge of a
	specialty court described by Subsection (a)(2)(A);
	(2)  one member with experience as the judge of a
	specialty court described by Subsection (a)(2)(B);
	(3)  one member with experience as the judge of a
	specialty court described by Subsection (a)(2)(C);
	(4)  one member with experience as the judge of a
	specialty court described by Subsection (a)(2)(D) [three members
	with experience as judges of a specialty court]; and
	(5)  five [(2)  four] members who represent the public.
	(d)  The members appointed under Subsection (c)(5) [(c)(2)]
	must:
	(1)  reside in various geographic regions of the state;
	and
	(2)  have experience practicing law in a specialty
	court or possess knowledge and expertise in a field relating to
	behavioral or mental health issues or to substance abuse treatment.
	(e)  Members are appointed for staggered six-year terms,
	with the[.  The] terms of [either two or] three members expiring[,
	as applicable, expire] February 1 of each odd-numbered year.
	(j)  A member of the council may not receive compensation for
	service on the council.  The member may receive reimbursement from
	the criminal justice division for actual and necessary expenses
	incurred in performing council functions as provided by Section
	2110.004.
	ARTICLE 2.  CONFORMING AMENDMENTS
	SECTION 2.01.  Subsection (b), Section 18, Article 42.12,
	Code of Criminal Procedure, is amended to read as follows:
	(b)  If a judge requires as a condition of community
	supervision or participation in a drug court program established
	under Chapter 123, Government [469, Health and Safety] Code, or
	former law that the defendant serve a term in a community
	corrections facility, the term may not be more than 24 months.
	SECTION 2.02.  Subsection (f), Article 59.062, Code of
	Criminal Procedure, is amended to read as follows:
	(f)  A civil penalty collected under this article shall be
	deposited to the credit of the drug court account in the general
	revenue fund to help fund drug court programs established under
	Chapter 122, 123, 124, or 125, Government [469, Health and Safety]
	Code, or former law.
	SECTION 2.03.  Subsection (g), Section 102.0178, Code of
	Criminal Procedure, is amended to read as follows:
	(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 122, 123, 124, or 125, Government [469, Health and Safety]
	Code, or former law.  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.
	SECTION 2.04.  Subsection (c-1), Section 58.003, Family
	Code, is amended to read as follows:
	(c-1)  Notwithstanding Subsections (a) and (c) and subject
	to Subsection (b), a juvenile court may order the sealing of records
	concerning a child adjudicated as having engaged in delinquent
	conduct or conduct indicating a need for supervision that violated
	a penal law of the grade of misdemeanor or felony if the child
	successfully completed a drug court program under Chapter 123,
	Government [469, Health and Safety] Code, or former law.  The court
	may:
	(1)  order the sealing of the records immediately and
	without a hearing; or
	(2)  hold a hearing to determine whether to seal the
	records.
	SECTION 2.05.  Section 54.1801, Government Code, is amended
	to read as follows:
	Sec. 54.1801.  DEFINITION. In this subchapter, "drug court"
	or "drug court program" has the meaning assigned by Section 123.001
	[469.001, Health and Safety Code].
	SECTION 2.06.  Subchapter C, Chapter 71, Government Code, is
	amended by adding Section 71.037 to read as follows:
	Sec. 71.037.  SPECIALTY COURT BEST PRACTICES. The council
	shall review and as appropriate approve recommendations made by the
	Specialty Courts Advisory Council under Section 772.0061(b)(2).
	SECTION 2.07.  Subsection (d), Section 76.017, Government
	Code, is amended to read as follows:
	(d)  After a person is screened and evaluated, a
	representative of the department shall meet with the participating
	criminal justice and treatment agencies to review the person's case
	and to determine if the person should be referred for treatment.  If
	a person is considered appropriate for referral, the person may be
	referred to community-based treatment in accordance with
	applicable law or any other treatment program deemed appropriate.
	A magistrate may order a person to participate in a treatment
	program recommended under this section, including treatment in a
	drug court program established under Chapter 123 or former law
	[469, Health and Safety Code], as a condition of bond or condition
	of pretrial release.
	SECTION 2.08.  Section 102.021, Government Code, is amended
	to read as follows:
	Sec. 102.021.  COURT COSTS ON CONVICTION:  CODE OF CRIMINAL
	PROCEDURE.  A person convicted of an offense shall pay the following
	under the Code of Criminal Procedure, in addition to all other
	costs:
	(1)  court cost on conviction of any offense, other
	than a conviction of an offense relating to a pedestrian or the
	parking of a motor vehicle (Art. 102.0045, Code of Criminal
	Procedure) . . . $4;
	(2)  a fee for services of prosecutor (Art. 102.008,
	Code of Criminal Procedure) . . . $25;
	(3)  fees for services of peace officer:
	(A)  issuing a written notice to appear in court
	for certain violations (Art. 102.011, Code of Criminal Procedure)
	. . . $5;
	(B)  executing or processing an issued arrest
	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
	Procedure) . . . $50;
	(C)  summoning a witness (Art. 102.011, Code of
	Criminal Procedure) . . . $5;
	(D)  serving a writ not otherwise listed (Art.
	102.011, Code of Criminal Procedure) . . . $35;
	(E)  taking and approving a bond and, if
	necessary, returning the bond to courthouse (Art. 102.011, Code of
	Criminal Procedure) . . . $10;
	(F)  commitment or release (Art. 102.011, Code of
	Criminal Procedure) . . . $5;
	(G)  summoning a jury (Art. 102.011, Code of
	Criminal Procedure) . . . $5;
	(H)  attendance of a prisoner in habeas corpus
	case if prisoner has been remanded to custody or held to bail (Art.
	102.011, Code of Criminal Procedure) . . . $8 each day;
	(I)  mileage for certain services performed (Art.
	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
	(J)  services of a sheriff or constable who serves
	process and attends examining trial in certain cases (Art. 102.011,
	Code of Criminal Procedure) . . . not to exceed $5;
	(4)  services of a peace officer in conveying a witness
	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
	$10 per day or part of a day, plus actual necessary travel expenses;
	(5)  overtime of peace officer for time spent
	testifying in the trial or traveling to or from testifying in the
	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
	(6)  court costs on an offense relating to rules of the
	road, when offense occurs within a school crossing zone (Art.
	102.014, Code of Criminal Procedure) . . . $25;
	(7)  court costs on an offense of passing a school bus
	(Art. 102.014, Code of Criminal Procedure) . . . $25;
	(8)  court costs on an offense of truancy or
	contributing to truancy (Art. 102.014, Code of Criminal Procedure)
	. . . $20;
	(9)  cost for visual recording of intoxication arrest
	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
	$15;
	(10)  cost of certain evaluations (Art. 102.018, Code
	of Criminal Procedure) . . . actual cost;
	(11)  additional costs attendant to certain
	intoxication convictions under Chapter 49, Penal Code, for
	emergency medical services, trauma facilities, and trauma care
	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
	(12)  additional costs attendant to certain child
	sexual assault and related convictions, for child abuse prevention
	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
	(13)  court cost for DNA testing for certain felonies
	(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
	(14)  court cost for DNA testing for the offense of
	public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
	Criminal Procedure) . . . $50;
	(15)  court cost for DNA testing for certain felonies
	(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
	(16)  if required by the court, a restitution fee for
	costs incurred in collecting restitution installments and for the
	compensation to victims of crime fund (Art. 42.037, Code of
	Criminal Procedure) . . . $12;
	(17)  if directed by the justice of the peace or
	municipal court judge hearing the case, court costs on conviction
	in a criminal action (Art. 45.041, Code of Criminal Procedure)
	. . . part or all of the costs as directed by the judge; and
	(18)  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 122, 123, 124,
	or 125, Government [469, Health and Safety] Code, or former law
	(Art. 102.0178, Code of Criminal Procedure) . . . $60.
	SECTION 2.09.  (a)  Subchapter B, Chapter 103, Government
	Code, is amended by adding Section 103.0271 to read as follows:
	Sec. 103.0271.  ADDITIONAL MISCELLANEOUS FEES AND COSTS:
	GOVERNMENT CODE.  Fees and costs shall be paid or collected under
	the Government Code as follows:
	(1)  a program fee for a drug court program (Sec.
	123.004, Government Code) . . . not to exceed $1,000;
	(2)  an alcohol or controlled substance testing,
	counseling, and treatment fee (Sec. 123.004, Government Code) . . .
	the amount necessary to cover the costs of testing, counseling, and
	treatment;
	(3)  a reasonable program fee for a veterans court
	program (Sec. 124.005, Government Code) . . . not to exceed $1,000;
	and
	(4)  a testing, counseling, and treatment fee for
	testing, counseling, or treatment performed or provided under a
	veterans court program (Sec. 124.005, Government Code) . . . the
	amount necessary to cover the costs of testing, counseling, or
	treatment.
	(b)  Subchapter B, Chapter 103, Government Code, is amended
	by adding Section 103.0292 to read as follows:
	Sec. 103.0292.  ADDITIONAL MISCELLANEOUS FEES AND COSTS:
	HEALTH AND SAFETY CODE. A nonrefundable program fee for a first
	offender prostitution prevention program established under Section
	169.002, Health and Safety Code, shall be collected under Section
	169.005, Health and Safety Code, in a reasonable amount not to
	exceed $1,000, which includes:
	(1)  a counseling and services fee in an amount
	necessary to cover the costs of counseling and services provided by
	the program;
	(2)  a victim services fee in an amount equal to 10
	percent of the total fee; and
	(3)  a law enforcement training fee in an amount equal
	to five percent of the total fee.
	(c)  Sections 103.029 and 103.0291, Government Code, are
	repealed.
	SECTION 2.10.  Subsection (a), Section 493.009, Government
	Code, is amended to read as follows:
	(a)  The department shall establish a program to confine and
	treat:
	(1)  defendants required to participate in the program
	under Section 14, Article 42.12, Code of Criminal Procedure; and
	(2)  individuals referred for treatment as part of a
	drug court program established under Chapter 123 [469, Health and
	Safety Code,] or a similar program created under other law.
	SECTION 2.11.  Subdivision (1), Section 509.001, Government
	Code, is amended to read as follows:
	(1)  "Community corrections facility" means a physical
	structure, established by the judges described by Section 76.002
	after authorization of the establishment of the structure has been
	included in the local community justice plan, that is operated by a
	department or operated for a department by an entity under contract
	with the department, for the purpose of treating persons who have
	been placed on community supervision or who are participating in a
	drug court program established under Chapter 123 or former law
	[469, Health and Safety Code,] and providing services and programs
	to modify criminal behavior, deter criminal activity, protect the
	public, and restore victims of crime.  The term includes:
	(A)  a restitution center;
	(B)  a court residential treatment facility;
	(C)  a substance abuse treatment facility;
	(D)  a custody facility or boot camp;
	(E)  a facility for an offender with a mental
	impairment, as defined by Section 614.001, Health and Safety Code;
	and
	(F)  an intermediate sanction facility.
	ARTICLE 3.  TRANSITION
	SECTION 3.01.  (a)  Except as provided by Subsection (b) of
	this section, the change in law made by this Act applies to a
	specialty court as defined by Section 121.001, Government Code, as
	added by this Act, regardless of whether that court was created
	under Subtitle K, Title 2, Government Code, as added by this Act, or
	former law.
	(b)  Subsection (b), Section 123.001, Government Code, as
	redesignated and amended by this Act, 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 occurred before that date.
	(c)  Promptly after this Act takes effect, the governor shall
	appoint two additional members to the Specialty Courts Advisory
	Council under Section 772.0061, Government Code, as amended by this
	Act, as follows:
	(1)  one member who has experience as a judge of a
	specialty court, to serve a term expiring February 1, 2017; and
	(2)  one member who represents the public, to serve a
	term expiring February 1, 2019.
	(d)  The change in law made by this Act in the qualifications
	applying to a member of the Specialty Courts Advisory Council does
	not affect the entitlement of a member serving on the council
	immediately before September 1, 2013, to continue to serve and
	function as a member of the council for the remainder of the
	member's term. The change in law in the qualifications applies only
	to a member appointed on or after September 1, 2013. However, as
	the terms of the members serving immediately before September 1,
	2013, expire or become vacant, the governor shall make additional
	appointments to the council as necessary to comply with Section
	772.0061, Government Code, as amended by this Act.
	(e)  To the extent of any conflict, this Act prevails over
	another Act of the 83rd Legislature, Regular Session, 2013,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	ARTICLE 4.  EFFECTIVE DATE
	SECTION 4.01.  This Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 462 passed the Senate on
	March 27, 2013, by the following vote: Yeas 30, Nays 0; and that
	the Senate concurred in House amendment on May 20, 2013, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 462 passed the House, with
	amendment, on May 16, 2013, by the following vote: Yeas 143,
	Nays 0, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor