87R11733 MCF-D     By: J. Johnson of Harris H.B. No. 2791       A BILL TO BE ENTITLED   AN ACT   relating to confinement and treatment in a substance abuse felony   punishment facility under a plea bargain agreement.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42A.303, Code of Criminal Procedure, is   amended by adding Subsection (c-1) to read as follows:          (c-1)  A judge may not impose the condition of community   supervision described by this article on a defendant who has agreed   to serving a term of confinement and treatment in a substance abuse   felony punishment facility as part of a plea bargain agreement   between the defendant and the attorney representing the state that   has been otherwise approved by the court unless the judge   determines that the defendant is a suitable candidate for treatment   based on the suitability criteria established under Section   493.009(b), Government Code. If the judge does not impose a   condition under this article, the plea bargain agreement remains   valid and the other terms of the plea bargain agreement are   unaffected.          SECTION 2.  The change in law made 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 on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 3.  This Act takes effect September 1, 2021.