2023 Texas Statutes
Government Code
Title 2 - Judicial Branch
Subtitle K - Specialty Courts
Chapter 123 - Drug Court Programs
Section 123.002. Authority to Establish Program
Sec. 123.002. 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.
Added by Acts 2001, 77th Leg., ch. 1510, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 625 (H.B. 530), Sec. 2, eff. June 15, 2007.
Transferred, redesignated and amended from Health and Safety Code, Chapter 469 by Acts 2013, 83rd Leg., R.S., Ch. 747 (S.B. 462), Sec. 1.04, eff. September 1, 2013.
