89R6398 RDR-D     By: Blanco S.B. No. 1431       A BILL TO BE ENTITLED   AN ACT   relating to the eligibility to participate in certain drug court   programs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 123.002, Government Code, is amended to   read as follows:          Sec. 123.002.  AUTHORITY TO ESTABLISH PROGRAM; ELIGIBILITY.     (a) 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,   subject to Subsection (b) [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.          (b)  Unless the attorney representing the state consents to   the participation in the applicable drug court program, a juvenile   is not eligible to participate in a drug court program established   under Subsection (a)(2) for conduct described by Subsection   (a)(2)(B) involving:                (1)  carrying, possessing, or using a firearm or other   dangerous weapon; or                (2)  the death of or serious bodily injury to another.          SECTION 2.  Section 123.006(a), Government Code, is amended   to read as follows:          (a)  The commissioners court of a county with a population of   more than 200,000 shall:                (1)  establish a drug court program under Section   123.002(a)(1) [123.002(1)]; and                (2)  direct the judge, magistrate, or coordinator to   comply with Section 121.002(c)(1).          SECTION 3.  The change in law made by this Act applies to a   juvenile who enters a drug court program under Chapter 123,   Government Code, regardless of whether the juvenile engaged in the   conduct for which the juvenile enters the program before, on, or   after the effective date of this Act.          SECTION 4.  This Act takes effect September 1, 2025.