Texas 2025 - 89th Regular

Texas House Bill HB2514 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5891 RDR-D
2	2	By: Moody H.B. No. 2514
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the eligibility to participate in certain drug court
10	10	programs.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 123.002, Government Code, is amended to
13	13	read as follows:
14	14	Sec. 123.002. AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.
15	15	(a) The commissioners court of a county or governing body of a
16	16	municipality may establish the following types of drug court
17	17	programs:
18	18	(1) drug courts for persons arrested for, charged
19	19	with, or convicted of:
20	20	(A) an offense in which an element of the offense
21	21	is the use or possession of alcohol or the use, possession, or sale
22	22	of a controlled substance, a controlled substance analogue, or
23	23	marihuana; or
24	24	(B) an offense in which the use of alcohol or a
25	25	controlled substance is suspected to have significantly
26	26	contributed to the commission of the offense, subject to
27	27	Subsections (b) and (c) [and the offense did not involve:
28	28	[(i) carrying, possessing, or using a
29	29	firearm or other dangerous weapon;
30	30	[(ii) the use of force against the person of
31	31	another; or
32	32	[(iii) the death of or serious bodily
33	33	injury to another];
34	34	(2) drug courts for juveniles detained for, taken into
35	35	custody for, or adjudicated as having engaged in:
36	36	(A) delinquent conduct, including habitual
37	37	felony conduct, or conduct indicating a need for supervision in
38	38	which an element of the conduct is the use or possession of alcohol
39	39	or the use, possession, or sale of a controlled substance, a
40	40	controlled substance analogue, or marihuana; or
41	41	(B) delinquent conduct, including habitual
42	42	felony conduct, or conduct indicating a need for supervision in
43	43	which the use of alcohol or a controlled substance is suspected to
44	44	have significantly contributed to the commission of the conduct,
45	45	subject to Subsections (b) and (c) [and the conduct did not involve:
46	46	[(i) carrying, possessing, or using a
47	47	firearm or other dangerous weapon;
48	48	[(ii) the use of force against the person of
49	49	another; or
50	50	[(iii) the death of or serious bodily
51	51	injury to another];
52	52	(3) reentry drug courts for persons with a
53	53	demonstrated history of using alcohol or a controlled substance who
54	54	may benefit from a program designed to facilitate the person's
55	55	transition and reintegration into the community on release from a
56	56	state or local correctional facility;
57	57	(4) family dependency drug treatment courts for family
58	58	members involved in a suit affecting the parent-child relationship
59	59	in which a parent's use of alcohol or a controlled substance is a
60	60	primary consideration in the outcome of the suit; or
61	61	(5) programs for other persons not precisely described
62	62	by Subdivisions (1)-(4) who may benefit from a program that has the
63	63	essential characteristics described by Section 123.001.
64	64	(b) Unless the attorney representing the state consents to
65	65	the participation in the applicable drug court program:
66	66	(1) a person is not eligible to participate in a drug
67	67	court program established under Subsection (a)(1) for an offense
68	68	described by Subsection (a)(1)(B) involving:
69	69	(A) carrying, possessing, or using a firearm or
70	70	other dangerous weapon;
71	71	(B) the use of force against the person of
72	72	another; or
73	73	(C) serious bodily injury to another; and
74	74	(2) a juvenile is not eligible to participate in a drug
75	75	court program established under Subsection (a)(2) for conduct
76	76	described by Subsection (a)(2)(B) involving:
77	77	(A) carrying, possessing, or using a firearm or
78	78	other dangerous weapon; or
79	79	(B) serious bodily injury to another.
80	80	(c) A person is not eligible to participate in a drug court
81	81	program established under Subsection (a)(1) for an offense
82	82	described by Subsection (a)(1)(B) involving the death of another
83	83	and a juvenile is not eligible to participate in a drug court
84	84	program established under Subsection (a)(2) for conduct described
85	85	by Subsection (a)(2)(B) involving the death of another.
86	86	SECTION 2. Section 123.006(a), Government Code, is amended
87	87	to read as follows:
88	88	(a) The commissioners court of a county with a population of
89	89	more than 200,000 shall:
90	90	(1) establish a drug court program under Section
91	91	123.002(a)(1) [123.002(1)]; and
92	92	(2) direct the judge, magistrate, or coordinator to
93	93	comply with Section 121.002(c)(1).
94	94	SECTION 3. The change in law made by this Act applies to a
95	95	defendant who enters a drug court program under Chapter 123,
96	96	Government Code, regardless of whether the defendant committed the
97	97	offense for which the defendant enters the program before, on, or
98	98	after the effective date of this Act.
99	99	SECTION 4. This Act takes effect September 1, 2025.