84R3003 GCB-D
By: Farias H.B. No. 1048
A BILL TO BE ENTITLED
AN ACT
relating to the administration of and eligibility for participation
in veterans court programs; changing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 124.002, Government Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(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:
(1) the defendant:
(A) [(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
(B) [(2)] suffers from a brain injury, mental
illness, or mental disorder, including post-traumatic stress
disorder, or was a victim of military sexual trauma if the injury,
illness, disorder, or trauma [that]:
(i) occurred during or [(A)] resulted from
the defendant's military service [in a combat zone or other similar
hazardous duty area]; and
(ii) [(B) materially] affected the
defendant's criminal conduct at issue in the case; or
(2) considering the circumstances of the defendant's
conduct, personal and social background, and criminal history, the
defendant's participation in a veterans court program is likely to
achieve the objective of ensuring public safety through
rehabilitation of the veteran in the manner provided by Section
1.02(1), Penal Code.
(d) In this section, "military sexual trauma" means any
sexual assault or sexual harassment that occurs while the victim is
a member of the United States armed forces performing the person's
regular duties.
SECTION 2. Section 124.005(a), Government Code, is amended
to read as follows:
(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 $500
[$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.
SECTION 3. Section 103.0271, Government Code, is amended 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 $500
[$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.
SECTION 4. This Act takes effect September 1, 2015.