H.B. No. 2299
 
 
 
 
AN ACT
  relating to the nonsubstantive revision of certain laws concerning
  community supervision granted in criminal cases, including
  conforming amendments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. NONSUBSTANTIVE REVISION OF COMMUNITY SUPERVISION LAWS
         SECTION 1.01.  Title 1, Code of Criminal Procedure, is amended by adding Chapter 42A to read as follows:
 
  CHAPTER 42A.  COMMUNITY SUPERVISION
  SUBCHAPTER A.  GENERAL PROVISIONS
  Art. 42A.001.  DEFINITIONS 
  SUBCHAPTER B. PLACEMENT ON COMMUNITY SUPERVISION
  Art. 42A.051.  AUTHORITY TO GRANT COMMUNITY
                  SUPERVISION, IMPOSE OR MODIFY
                  CONDITIONS, OR DISCHARGE DEFENDANT 
  Art. 42A.052.  MODIFICATION OF CONDITIONS BY
                  SUPERVISION OFFICER OR MAGISTRATE 
  Art. 42A.053.  JUDGE-ORDERED COMMUNITY SUPERVISION 
  Art. 42A.054.  LIMITATION ON JUDGE-ORDERED COMMUNITY
                  SUPERVISION 
  Art. 42A.055.  JURY-RECOMMENDED COMMUNITY SUPERVISION 
  Art. 42A.056.  LIMITATION ON JURY-RECOMMENDED COMMUNITY
                  SUPERVISION 
  Art. 42A.057.  MINIMUM PERIOD OF COMMUNITY SUPERVISION FOR
                  CERTAIN BURGLARIES OF VEHICLES 
  SUBCHAPTER C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
  Art. 42A.101.  PLACEMENT ON DEFERRED ADJUDICATION
                  COMMUNITY SUPERVISION 
  Art. 42A.102.  ELIGIBILITY FOR DEFERRED ADJUDICATION
                  COMMUNITY SUPERVISION 
  Art. 42A.103.  PERIOD OF DEFERRED ADJUDICATION
                  COMMUNITY SUPERVISION 
  Art. 42A.104.  CONDITIONS OF DEFERRED ADJUDICATION
                  COMMUNITY SUPERVISION; IMPOSITION OF
                  FINE 
  Art. 42A.105.  AFFIRMATIVE FINDINGS 
  Art. 42A.106.  RECORD NOT CONFIDENTIAL; RIGHT TO
                  PETITION FOR ORDER OF NONDISCLOSURE 
  Art. 42A.107.  REQUEST FOR FINAL ADJUDICATION 
  Art. 42A.108.  VIOLATION OF CONDITION OF DEFERRED
                  ADJUDICATION COMMUNITY SUPERVISION;
                  HEARING 
  Art. 42A.109.  DUE DILIGENCE DEFENSE 
  Art. 42A.110.  PROCEEDINGS AFTER ADJUDICATION 
  Art. 42A.111.  DISMISSAL AND DISCHARGE 
  SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION
  Art. 42A.151.  TRANSFER OF JURISDICTION 
  Art. 42A.152.  ISSUANCE OF WARRANT BY COURT HAVING
                  GEOGRAPHICAL JURISDICTION 
  Art. 42A.153.  CHANGE OF RESIDENCE WITHIN THE STATE 
  Art. 42A.154.  LEAVING THE STATE 
  SUBCHAPTER E. PARTIAL EXECUTION OF SENTENCE; CONTINUING
  JURISDICTION
  Art. 42A.201.  CONTINUING JURISDICTION IN MISDEMEANOR
                  CASES 
  Art. 42A.202.  CONTINUING JURISDICTION IN FELONY CASES 
  Art. 42A.203.  AUTHORITY TO SUSPEND EXECUTION OF SENTENCE
                  IN FELONY CASES 
  Art. 42A.204.  PARTIAL EXECUTION OF SENTENCE: FIREARM
                  USED OR EXHIBITED 
  SUBCHAPTER F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS
  Art. 42A.251.  DEFINITIONS 
  Art. 42A.252.  PRESENTENCE REPORT REQUIRED 
  Art. 42A.253.  CONTENTS OF PRESENTENCE REPORT 
  Art. 42A.254.  INSPECTION BY JUDGE; DISCLOSURE OF
                  CONTENTS 
  Art. 42A.255.  INSPECTION AND COMMENT BY DEFENDANT;
                  ACCESS TO INFORMATION BY STATE 
  Art. 42A.256.  RELEASE OF INFORMATION TO SUPERVISION
                  OFFICER; CONFIDENTIALITY OF REPORT 
  Art. 42A.257.  EVALUATION FOR PURPOSES OF ALCOHOL OR
                  DRUG REHABILITATION 
  Art. 42A.258.  EVALUATION FOR PURPOSES OF SEX OFFENDER
                  TREATMENT, SPECIALIZED SUPERVISION, OR
                  REHABILITATION 
  Art. 42A.259.  POSTSENTENCE REPORT 
  SUBCHAPTER G. DISCRETIONARY CONDITIONS GENERALLY
  Art. 42A.301.  BASIC DISCRETIONARY CONDITIONS 
  Art. 42A.302.  CONFINEMENT 
  Art. 42A.303.  SUBSTANCE ABUSE FELONY PROGRAM 
  Art. 42A.304.  COMMUNITY SERVICE 
  Art. 42A.305.  COMMUNITY OUTREACH 
  Art. 42A.306.  SUPERVISION OF DEFENDANT FROM OUT OF
                  STATE 
  Art. 42A.307.  ORCHIECTOMY PROHIBITED 
  SUBCHAPTER H.  MANDATORY CONDITIONS GENERALLY
  Art. 42A.351.  EDUCATIONAL SKILL LEVEL 
  Art. 42A.352.  DNA SAMPLE 
  SUBCHAPTER I.  CONDITIONS APPLICABLE TO CERTAIN INTOXICATION
  OFFENSES
  Art. 42A.401.  CONFINEMENT AS CONDITION OF COMMUNITY
                  SUPERVISION FOR CERTAIN INTOXICATION
                  OFFENSES 
  Art. 42A.402.  DRUG OR ALCOHOL DEPENDENCE EVALUATION
                  AND REHABILITATION 
  Art. 42A.403.  EDUCATIONAL PROGRAM FOR CERTAIN
                  INTOXICATION OFFENDERS; WAIVER OR
                  EXTENSION OF TIME 
  Art. 42A.404.  EDUCATIONAL PROGRAM FOR CERTAIN REPEAT
                  INTOXICATION OFFENDERS; WAIVER 
  Art. 42A.405.  RULES FOR AND ADMINISTRATION OF
                  EDUCATIONAL PROGRAMS 
  Art. 42A.406.  EFFECT OF EDUCATIONAL PROGRAM
                  REQUIREMENTS ON DRIVING RECORD AND
                  LICENSE 
  Art. 42A.407.  SUSPENSION OF DRIVER'S LICENSE 
  Art. 42A.408.  USE OF IGNITION INTERLOCK DEVICE 
  Art. 42A.409.  COMMUNITY SUPERVISION FOR ENHANCED
                  PUBLIC INTOXICATION OFFENSE 
  SUBCHAPTER J. CONDITIONS APPLICABLE TO SEX OFFENDERS
  Art. 42A.451.  SEX OFFENDER REGISTRATION; DNA SAMPLE 
  Art. 42A.452.  TREATMENT, SPECIALIZED SUPERVISION, OR
                  REHABILITATION 
  Art. 42A.453.  CHILD SAFETY ZONE 
  Art. 42A.454.  CERTAIN INTERNET ACTIVITY PROHIBITED 
  Art. 42A.455.  PAYMENT TO CHILDREN'S ADVOCACY CENTER 
  SUBCHAPTER K. CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND
  OFFENDERS
  Art. 42A.501.  COMMUNITY SUPERVISION FOR OFFENSE
                  COMMITTED BECAUSE OF BIAS OR PREJUDICE 
  Art. 42A.502.  COMMUNITY SUPERVISION FOR CERTAIN
                  VIOLENT OFFENSES; CHILD SAFETY ZONE 
  Art. 42A.503.  COMMUNITY SUPERVISION FOR CERTAIN CHILD
                  ABUSE OFFENSES; PROHIBITED CONTACT
                  WITH VICTIM 
  Art. 42A.504.  COMMUNITY SUPERVISION FOR CERTAIN
                  OFFENSES INVOLVING FAMILY VIOLENCE;
                  SPECIAL CONDITIONS 
  Art. 42A.505.  COMMUNITY SUPERVISION FOR STALKING
                  OFFENSE; PROHIBITED CONTACT WITH
                  VICTIM 
  Art. 42A.506.  COMMUNITY SUPERVISION FOR DEFENDANT WITH
                  MENTAL IMPAIRMENT 
  Art. 42A.507.  COMMUNITY SUPERVISION FOR CERTAIN
                  DEFENDANTS IDENTIFIED AS MEMBERS OF
                  CRIMINAL STREET GANGS; ELECTRONIC
                  MONITORING 
  Art. 42A.508.  COMMUNITY SUPERVISION FOR CERTAIN
                  ORGANIZED CRIME OFFENSES; RESTRICTIONS
                  ON OPERATION OF MOTOR VEHICLE 
  Art. 42A.509.  COMMUNITY SUPERVISION FOR GRAFFITI
                  OFFENSE 
  Art. 42A.510.  COMMUNITY SUPERVISION FOR ENHANCED
                  DISORDERLY CONDUCT OFFENSE 
  Art. 42A.511.  COMMUNITY SUPERVISION FOR CERTAIN
                  OFFENSES INVOLVING ANIMALS 
  Art. 42A.512.  COMMUNITY SUPERVISION FOR ELECTRONIC
                  TRANSMISSION OF CERTAIN VISUAL
                  MATERIAL 
  Art. 42A.513.  COMMUNITY SUPERVISION FOR MAKING FIREARM
                  ACCESSIBLE TO CHILD 
  SUBCHAPTER L. STATE JAIL FELONY COMMUNITY SUPERVISION
  Art. 42A.551.  PLACEMENT ON COMMUNITY SUPERVISION;
                  EXECUTION OF SENTENCE 
  Art. 42A.552.  REVIEW OF PRESENTENCE REPORT 
  Art. 42A.553.  MINIMUM AND MAXIMUM PERIODS OF COMMUNITY
                  SUPERVISION; EXTENSION 
  Art. 42A.554.  CONDITIONS OF COMMUNITY SUPERVISION 
  Art. 42A.555.  CONFINEMENT AS A CONDITION OF COMMUNITY
                  SUPERVISION 
  Art. 42A.556.  SANCTIONS IMPOSED ON MODIFICATION OF
                  COMMUNITY SUPERVISION 
  Art. 42A.557.  REPORT BY DIRECTOR OF FACILITY 
  Art. 42A.558.  REVOCATION; OPTIONS REGARDING EXECUTION
                  OF SENTENCE 
  Art. 42A.559.  CREDITS FOR TIME SERVED 
  Art. 42A.560.  MEDICAL RELEASE 
  Art. 42A.561.  MEDICAL RELEASE 
  SUBCHAPTER M. COMMUNITY CORRECTIONS FACILITIES
  Art. 42A.601.  DEFINITION 
  Art. 42A.602.  MAXIMUM TERM OR TERMS OF CONFINEMENT 
  Art. 42A.603.  EFFECT OF REVOCATION ON CREDIT FOR TIME
                  SPENT IN FACILITY 
  Art. 42A.604.  EVALUATION OF DEFENDANT'S BEHAVIOR AND
                  ATTITUDE 
  Art. 42A.605.  PLACEMENT IN COMMUNITY SERVICE PROJECT 
  Art. 42A.606.  CONFINEMENT REQUIRED; EXCEPTIONS 
  Art. 42A.607.  DISPOSITION OF SALARY 
  SUBCHAPTER N. PAYMENTS; FEES
  Art. 42A.651.  PAYMENT AS CONDITION OF COMMUNITY
                  SUPERVISION 
  Art. 42A.652.  MONTHLY FEE 
  Art. 42A.653.  ADDITIONAL MONTHLY FEE FOR CERTAIN SEX
                  OFFENDERS 
  Art. 42A.654.  FEES DUE ON CONVICTION 
  Art. 42A.655.  ABILITY TO PAY 
  SUBCHAPTER O. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION
  PERIOD
  Art. 42A.701.  REDUCTION OR TERMINATION OF COMMUNITY
                  SUPERVISION PERIOD 
  Art. 42A.702.  TIME CREDITS FOR COMPLETION OF CERTAIN
                  CONDITIONS OF COMMUNITY SUPERVISION 
  SUBCHAPTER P. REVOCATION AND OTHER SANCTIONS
  Art. 42A.751.  VIOLATION OF CONDITIONS OF COMMUNITY
                  SUPERVISION; DETENTION AND HEARING 
  Art. 42A.752.  CONTINUATION OR MODIFICATION OF
                  COMMUNITY SUPERVISION AFTER VIOLATION 
  Art. 42A.753.  EXTENSION OF COMMUNITY SUPERVISION AFTER
                  VIOLATION 
  Art. 42A.754.  AUTHORITY TO REVOKE COMMUNITY
                  SUPERVISION 
  Art. 42A.755.  REVOCATION OF COMMUNITY SUPERVISION 
  Art. 42A.756.  DUE DILIGENCE DEFENSE 
  Art. 42A.757.  EXTENSION OF COMMUNITY SUPERVISION FOR
                  CERTAIN SEX OFFENDERS 
  CHAPTER 42A.  COMMUNITY SUPERVISION
  SUBCHAPTER A.  GENERAL PROVISIONS
         Art. 42A.001.  DEFINITIONS.  In this chapter:
               (1)  "Community supervision" means the placement of a
  defendant by a court under a continuum of programs and sanctions,
  with conditions imposed by the court for a specified period during
  which:
                     (A)  criminal proceedings are deferred without an
  adjudication of guilt; or
                     (B)  a sentence of imprisonment or confinement,
  imprisonment and fine, or confinement and fine, is probated and the
  imposition of sentence is suspended in whole or in part.
               (2)  "Court" means a court of record having original
  criminal jurisdiction.
               (3)  "Electronic monitoring" includes voice tracking
  systems, position tracking systems, position location systems,
  biometric tracking systems, and any other electronic or
  telecommunications system that may be used to assist in the
  supervision of defendants under this chapter.
               (4)  "Supervision officer" means a person appointed or
  employed under Section 76.004, Government Code, to supervise
  defendants placed on community supervision.  (Code Crim. Proc.,
  Art. 42.12, Sec. 2.)
  SUBCHAPTER B. PLACEMENT ON COMMUNITY SUPERVISION
         Art. 42A.051.  AUTHORITY TO GRANT COMMUNITY SUPERVISION,
  IMPOSE OR MODIFY CONDITIONS, OR DISCHARGE DEFENDANT. (a)  Unless
  the judge has transferred jurisdiction of the case to another court
  under Article 42A.151, only the court in which the defendant was
  tried may:
               (1)  grant community supervision;
               (2)  impose conditions; or
               (3)  discharge the defendant.
         (b)  The judge of the court having jurisdiction of the case
  may, at any time during the period of community supervision, modify
  the conditions of community supervision.  Except as provided by
  Article 42A.052(a), only the judge may modify the conditions.  
  (Code Crim. Proc., Art. 42.12, Secs. 10(a) (part), 11(a) (part).)
         Art. 42A.052.  MODIFICATION OF CONDITIONS BY SUPERVISION
  OFFICER OR MAGISTRATE. (a)  A judge who places a defendant on
  community supervision may authorize the supervision officer
  supervising the defendant or a magistrate appointed by the district
  courts in the county that give preference to criminal cases to
  modify the conditions of community supervision for the limited
  purpose of transferring the defendant to different programs within
  the community supervision continuum of programs and sanctions.
         (b)  A supervision officer or magistrate who modifies the
  conditions of community supervision shall:
               (1)  deliver a copy of the modified conditions to the
  defendant;
               (2)  file a copy of the modified conditions with the
  sentencing court; and
               (3)  note the date of delivery of the copy in the
  defendant's file.
         (c)  If the defendant agrees to the modification in writing,
  the officer or magistrate shall file a copy of the modified
  conditions with the district clerk and the conditions shall be
  enforced as modified. If the defendant does not agree to the
  modification in writing, the supervision officer or magistrate
  shall refer the case to the judge for modification in the manner
  provided by Article 42A.752.  (Code Crim. Proc., Art. 42.12, Secs.
  10(d), (e).)
         Art. 42A.053.  JUDGE-ORDERED COMMUNITY SUPERVISION. (a) A
  judge, in the best interest of justice, the public, and the
  defendant, after conviction or a plea of guilty or nolo contendere,
  may:
               (1)  suspend the imposition of the sentence and place
  the defendant on community supervision; or
               (2)  impose a fine applicable to the offense and place
  the defendant on community supervision.
         (b)  A judge may not deny community supervision to a
  defendant based solely on the defendant's inability to speak, read,
  write, hear, or understand English.
         (c)  A defendant is not eligible for community supervision
  under this article if the defendant is sentenced to serve:
               (1)  a term of imprisonment that exceeds 10 years; or
               (2)  a term of confinement under Section 12.35, Penal
  Code.
         (d)  In a felony case:
               (1)  the minimum period of community supervision is the
  same as the minimum term of imprisonment applicable to the offense;
  and
               (2)  the maximum period of community supervision is:
                     (A)  10 years, for a felony other than a  third
  degree felony described by Paragraph (B); and
                     (B)  five years, for any of the following third
  degree felonies:
                           (i)  a third degree felony under Title 7,
  Penal Code; and
                           (ii)  a third degree felony under Chapter
  481, Health and Safety Code.
         (e)  Notwithstanding Subsection (d), the minimum period of
  community supervision under this article for a felony described by
  Article 42A.453(b) is five years.
         (f)  The maximum period of community supervision in a
  misdemeanor case is two years.
         (g)  Notwithstanding Subsection (d)(2) or (f), a judge may
  extend the maximum period of community supervision in the manner
  provided by Article 42A.753 or 42A.757. (Code Crim. Proc., Art.
  42.12, Secs. 3(a), (b), (c), (d), (e), (f), (g).)
         Art. 42A.054.  LIMITATION ON JUDGE-ORDERED COMMUNITY
  SUPERVISION. (a) Article 42A.053 does not apply to a defendant
  adjudged guilty of an offense under:
               (1)  Section 15.03, Penal Code, if the offense is
  punishable as a felony of the first degree;
               (2)  Section 19.02, Penal Code (Murder);
               (3)  Section 19.03, Penal Code (Capital Murder);
               (4)  Section 20.04, Penal Code (Aggravated
  Kidnapping);
               (5)  Section 20A.02, Penal Code (Trafficking of
  Persons);
               (6)  Section 21.11(a)(1), Penal Code (Indecency with a
  Child);
               (7)  Section 22.011, Penal Code (Sexual Assault);
               (8)  Section 22.021, Penal Code (Aggravated Sexual
  Assault);
               (9)  Section 22.04(a)(1), Penal Code (Injury to a
  Child, Elderly Individual, or Disabled Individual), if:
                     (A)  the offense is punishable as a felony of the
  first degree; and
                     (B)  the victim of the offense is a child;
               (10)  Section 29.03, Penal Code (Aggravated Robbery);
               (11)  Section 30.02, Penal Code (Burglary), if:
                     (A)  the offense is punishable under Subsection
  (d) of that section; and
                     (B)  the actor committed the offense with the
  intent to commit a felony under Section 21.02, 21.11, 22.011,
  22.021, or 25.02, Penal Code;
               (12)  Section 43.05, Penal Code (Compelling
  Prostitution);
               (13)  Section 43.25, Penal Code (Sexual Performance by
  a Child); or
               (14)  Chapter 481, Health and Safety Code, for which
  punishment is increased under:
                     (A)  Section 481.140 of that code (Use of Child in
  Commission of Offense); or
                     (B)  Section 481.134(c), (d), (e), or (f) of that
  code (Drug-free Zones) if it is shown that the defendant has been
  previously convicted of an offense for which punishment was
  increased under any of those subsections.
         (b)  Article 42A.053 does not apply to a defendant when it is
  shown that:
               (1)  a deadly weapon as defined by Section 1.07, Penal
  Code, was used or exhibited during the:
                     (A)  commission of a felony offense; or
                     (B)  immediate flight from the commission of a
  felony offense; and
               (2)  the defendant:
                     (A)  used or exhibited the deadly weapon; or
                     (B)  was a party to the offense and knew that a
  deadly weapon would be used or exhibited.  
         (c)  On an affirmative finding regarding the use or
  exhibition of a deadly weapon as described by Subsection (b), the
  trial court shall enter the finding in the judgment of the court.
         (d)  On an affirmative finding that the deadly weapon under
  Subsection (c) was a firearm, the court shall enter that finding in
  its judgment. (Code Crim. Proc., Art. 42.12, Sec. 3g(a).)
         Art. 42A.055.  JURY-RECOMMENDED COMMUNITY SUPERVISION. (a)
  A jury that imposes confinement as punishment for an offense may
  recommend to the judge that the judge suspend the imposition of the
  sentence and place the defendant on community supervision. A judge
  shall suspend the imposition of the sentence and place the
  defendant on community supervision if the jury makes that
  recommendation in the verdict.
         (b)  A defendant is eligible for community supervision under
  this article only if:
               (1)  before the trial begins, the defendant files a
  written sworn motion with the judge that the defendant has not
  previously been convicted of a felony in this or any other state;
  and
               (2)  the jury enters in the verdict a finding that the
  information contained in the defendant's motion is true.
         (c)  If the jury recommends to the judge that the judge place
  the defendant on community supervision, the judge shall place the
  defendant on community supervision for any period permitted under
  Articles 42A.053(d) and (f), as appropriate.
         (d)  A judge may extend the maximum period of community
  supervision in the manner provided by Article 42A.753 or 42A.757.  
  (Code Crim. Proc., Art. 42.12, Secs. 4(a), (b), (c), (d) (part),
  (e).)
         Art. 42A.056.  LIMITATION ON JURY-RECOMMENDED COMMUNITY
  SUPERVISION.  A defendant is not eligible for community supervision
  under Article 42A.055 if the defendant:
               (1)  is sentenced to a term of imprisonment that
  exceeds 10 years;
               (2)  is convicted of a state jail felony for which
  suspension of the imposition of the sentence occurs automatically
  under Article 42A.551;
               (3)  is adjudged guilty of an offense under Section
  19.02, Penal Code;
               (4)  is convicted of an offense under Section
  21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the
  offense was younger than 14 years of age at the time the offense was
  committed;
               (5)  is convicted of an offense under Section 20.04,
  Penal Code, if:
                     (A)  the victim of the offense was younger than 14
  years of age at the time the offense was committed; and
                     (B)  the actor committed the offense with the
  intent to violate or abuse the victim sexually;
               (6)  is convicted of an offense under Section 20A.02,
  43.05, or 43.25, Penal Code; or
               (7)  is convicted of an offense for which punishment is
  increased under Section 481.134(c), (d), (e), or (f), Health and
  Safety Code, if it is shown that the defendant has been previously
  convicted of an offense for which punishment was increased under
  any of those subsections.  (Code Crim. Proc., Art. 42.12, Sec. 4(d)
  (part).)
         Art. 42A.057.  MINIMUM PERIOD OF COMMUNITY SUPERVISION FOR
  CERTAIN BURGLARIES OF VEHICLES.  The minimum period of community
  supervision for an offense under Section 30.04, Penal Code,
  punishable as a Class A misdemeanor with a minimum term of
  confinement of six months is one year.  (Code Crim. Proc., Art.
  42.12, Secs. 3(h), 4(f).)
  SUBCHAPTER C. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
         Art. 42A.101.  PLACEMENT ON DEFERRED ADJUDICATION COMMUNITY
  SUPERVISION. (a) Except as provided by Article 42A.102(b), if in
  the judge's opinion the best interest of society and the defendant
  will be served, the judge may, after receiving a plea of guilty or
  nolo contendere, hearing the evidence, and finding that it
  substantiates the defendant's guilt, defer further proceedings
  without entering an adjudication of guilt and place the defendant
  on deferred adjudication community supervision.
         (b)  After placing the defendant on deferred adjudication
  community supervision under Subsection (a), the judge shall inform
  the defendant orally or in writing of the possible consequences
  under Articles 42A.108 and 42A.110 of a violation of a condition of
  deferred adjudication community supervision. If the information is
  provided orally, the judge must record and maintain the judge's
  statement to the defendant. The failure of a judge to inform a
  defendant of possible consequences under Articles 42A.108 and
  42A.110 is not a ground for reversal unless the defendant shows that
  the defendant was harmed by the failure of the judge to provide the
  information. (Code Crim. Proc., Art. 42.12, Sec. 5(a) (part).)
         Art. 42A.102.  ELIGIBILITY FOR DEFERRED ADJUDICATION
  COMMUNITY SUPERVISION. (a) A judge may place on deferred
  adjudication community supervision a defendant charged with an
  offense under Section 21.11, 22.011, or 22.021, Penal Code,
  regardless of the age of the victim, or a defendant charged with a
  felony described by Article 42A.453(b) only if the judge makes a
  finding in open court that placing the defendant on deferred
  adjudication community supervision is in the best interest of the
  victim. The failure of the judge to make a finding under this
  subsection is not grounds for the defendant to set aside the plea,
  deferred adjudication, or any subsequent conviction or sentence.
         (b)  In all other cases, the judge may grant deferred
  adjudication community supervision unless:
               (1)  the defendant is charged with an offense:
                     (A)  under Sections 49.04-49.08, Penal Code; or
                     (B)  for which punishment may be increased under
  Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
  is shown that the defendant has been previously convicted of an
  offense for which punishment was increased under any one of those
  subsections;
               (2)  the defendant:
                     (A)  is charged with an offense under Section
  21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
  victim, or a felony described by Article 42A.453(b); and
                     (B)  has previously been placed on community
  supervision for an offense under Paragraph (A);
               (3)  the defendant is charged with an offense under:
                     (A)  Section 21.02, Penal Code; or
                     (B)  Section 22.021, Penal Code, that is
  punishable under Subsection (f) of that section or under Section
  12.42(c)(3) or (4), Penal Code; or
               (4)  the defendant is charged with an offense under
  Section 19.02, Penal Code, except that the judge may grant deferred
  adjudication community supervision on determining that the
  defendant did not cause the death of the deceased, did not intend to
  kill the deceased or another, and did not anticipate that a human
  life would be taken. (Code Crim. Proc., Art. 42.12, Secs. 5(a)
  (part), (d).)
         Art. 42A.103.  PERIOD OF DEFERRED ADJUDICATION COMMUNITY
  SUPERVISION. (a) In a felony case, the period of deferred
  adjudication community supervision may not exceed 10 years. For a
  defendant charged with a felony under Section 21.11, 22.011, or
  22.021, Penal Code, regardless of the age of the victim, and for a
  defendant charged with a felony described by Article 42A.453(b),
  the period of deferred adjudication community supervision may not
  be less than five years.
         (b)  In a misdemeanor case, the period of deferred
  adjudication community supervision may not exceed two years.
         (c)  A judge may extend the maximum period of deferred
  adjudication community supervision in the manner provided by
  Article 42A.753 or 42A.757.  (Code Crim. Proc., Art. 42.12, Sec.
  5(a) (part).)
         Art. 42A.104.  CONDITIONS OF DEFERRED ADJUDICATION
  COMMUNITY SUPERVISION; IMPOSITION OF FINE. (a) The judge may impose
  a fine applicable to the offense and require any reasonable
  condition of deferred adjudication community supervision that a
  judge could impose on a defendant placed on community supervision
  for a conviction that was probated and suspended, including:
               (1)  confinement; and
               (2)  mental health treatment under Article 42A.506.
         (b)  The provisions of Subchapter L specifying whether a
  defendant convicted of a state jail felony is to be confined in a
  county jail or state jail felony facility and establishing the
  minimum and maximum terms of confinement as a condition of
  community supervision apply in the same manner to a defendant
  placed on deferred adjudication community supervision after
  pleading guilty or nolo contendere to a state jail felony. (Code
  Crim. Proc., Art. 42.12, Sec. 5(a) (part).)
         Art. 42A.105.  AFFIRMATIVE FINDINGS.  (a)  If a judge places
  on deferred adjudication community supervision a defendant charged
  with a sexually violent offense, as defined by Article 62.001, the
  judge shall make an affirmative finding of fact and file a statement
  of that affirmative finding with the papers in the case if the judge
  determines that the victim or intended victim was younger than 14
  years of age at the time of the offense.
         (b)  If a judge places on deferred adjudication community
  supervision a defendant charged with an offense under Section
  20.02, 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or
  solicitation to commit one of those offenses, the judge shall make
  an affirmative finding of fact and file a statement of that
  affirmative finding with the papers in the case if the judge
  determines that the victim or intended victim was younger than 17
  years of age at the time of the offense.
         (c)  If a judge places on deferred adjudication community
  supervision a defendant charged with an offense under Section 21.11
  or 22.011, Penal Code, the judge shall make an affirmative finding
  of fact and file a statement of that affirmative finding with the
  papers in the case if the judge determines that:
               (1)  at the time of the offense, the defendant was not
  more than four years older than the victim or intended victim and
  the victim or intended victim was at least 15 years of age; and
               (2)  the charge to which the plea is entered under this
  subchapter is based solely on the ages of the defendant and the
  victim or intended victim at the time of the offense.
         (d)  If a judge places a defendant on deferred adjudication
  community supervision, on the motion of the attorney representing
  the state the judge shall make an affirmative finding of fact and
  file a statement of that affirmative finding with the papers in the
  case if the judge determines that, regardless of whether the
  conduct at issue is the subject of the prosecution or part of the
  same criminal episode as the conduct that is the subject of the
  prosecution, a victim in the trial:
               (1)  is or has been a victim of a severe form of
  trafficking in persons, as defined by 22 U.S.C. Section 7102(9); or
               (2)  has suffered substantial physical or mental abuse
  as a result of having been a victim of criminal activity described
  by 8 U.S.C. Section 1101(a)(15)(U)(iii).
         (e)  The part of the papers in the case containing an
  affirmative finding under Subsection (d):
               (1)  must include specific information identifying the
  victim, as available;
               (2)  may not include information identifying the
  victim's location; and
               (3)  is confidential, unless written consent for the
  release of the affirmative finding is obtained from the victim or,
  if the victim is younger than 18 years of age, the victim's parent
  or guardian. (Code Crim. Proc., Art. 42.12, Secs. 5(e), (g), (i),
  (j).)
         Art. 42A.106.  RECORD NOT CONFIDENTIAL; RIGHT TO PETITION
  FOR ORDER OF NONDISCLOSURE. (a) Except as provided by Section
  552.142, Government Code, a record in the custody of the court clerk
  regarding a case in which a defendant is granted deferred
  adjudication community supervision is not confidential.
         (b)  Before placing a defendant on deferred adjudication
  community supervision, the court shall inform the defendant of the
  defendant's right to petition the court for an order of
  nondisclosure under Section 411.081, Government Code, unless the
  defendant is ineligible to pursue that right because of:
               (1)  the nature of the offense for which the defendant
  is placed on deferred adjudication community supervision; or
               (2)  the defendant's criminal history. (Code Crim.
  Proc., Art. 42.12, Secs. 5(a-1), (f).)
         Art. 42A.107.  REQUEST FOR FINAL ADJUDICATION. On written
  motion of the defendant requesting final adjudication that is filed
  within 30 days after the entry of the defendant's plea and the
  deferment of adjudication, the judge shall proceed to final
  adjudication as in all other cases. (Code Crim. Proc., Art. 42.12,
  Sec. 5(a) (part).)
         Art. 42A.108.  VIOLATION OF CONDITION OF DEFERRED
  ADJUDICATION COMMUNITY SUPERVISION; HEARING. (a)  On violation of a
  condition of deferred adjudication community supervision imposed
  under Article 42A.104, the defendant may be arrested and detained
  as provided in Article 42A.751.
         (b)  The defendant is entitled to a hearing limited to a
  determination by the court of whether the court will proceed with an
  adjudication of guilt on the original charge.  The court may not
  proceed with an adjudication of guilt on the original charge if the
  court finds that the only evidence supporting the alleged violation
  of a condition of deferred adjudication community supervision is
  the uncorroborated results of a polygraph examination. The
  determination to proceed with an adjudication of guilt on the
  original charge is reviewable in the same manner as a revocation
  hearing conducted under Article 42A.751(d) in a case in which the
  adjudication of guilt was not deferred.
         (c)  A court retains jurisdiction to hold a hearing under
  Subsection (b) and to proceed with an adjudication of guilt,
  regardless of whether the period of deferred adjudication community
  supervision imposed on the defendant has expired, if before the
  expiration of the supervision period:
               (1)  the attorney representing the state files a motion
  to proceed with the adjudication; and
               (2)  a capias is issued for the arrest of the defendant.
  (Code Crim. Proc., Art. 42.12, Secs. 5(b) (part), (h).)
         Art. 42A.109.  DUE DILIGENCE DEFENSE.  For the purposes of a
  hearing under Article 42A.108, it is an affirmative defense to
  revocation for an alleged violation based on a failure to report to
  a supervision officer as directed or to remain within a specified
  place that no supervision officer, peace officer, or other officer
  with the power of arrest under a warrant issued by a judge for that
  alleged violation contacted or attempted to contact the defendant
  in person at the defendant's last known residence address or last
  known employment address, as reflected in the files of the
  department serving the county in which the order of deferred
  adjudication community supervision was entered. (Code Crim. Proc.,
  Art. 42.12, Sec. 24 (part).)
         Art. 42A.110.  PROCEEDINGS AFTER ADJUDICATION.  (a)  After
  an adjudication of guilt, all proceedings, including assessment of
  punishment, pronouncement of sentence, granting of community
  supervision, and defendant's appeal, continue as if the
  adjudication of guilt had not been deferred.  
         (b)  A court assessing punishment after an adjudication of
  guilt of a defendant charged with a state jail felony may suspend
  the imposition of the sentence and place the defendant on community
  supervision or may order the sentence to be executed, regardless of
  whether the defendant has previously been convicted of a felony.
  (Code Crim. Proc., Art. 42.12, Sec. 5(b) (part).)
         Art. 42A.111.  DISMISSAL AND DISCHARGE. (a) On expiration of
  a period of deferred adjudication community supervision imposed
  under this subchapter, if the judge has not proceeded to an
  adjudication of guilt, the judge shall dismiss the proceedings
  against the defendant and discharge the defendant.
         (b)  The judge may dismiss the proceedings and discharge a
  defendant before the expiration of the period of deferred
  adjudication community supervision if, in the judge's opinion, the
  best interest of society and the defendant will be served, except
  that the judge may not dismiss the proceedings and discharge a
  defendant charged with an offense requiring the defendant to
  register as a sex offender under Chapter 62.
         (c)  Except as provided by Section 12.42(g), Penal Code, a
  dismissal and discharge under this article may not be considered a
  conviction for the purposes of disqualifications or disabilities
  imposed by law for conviction of an offense.
         (d)  For any defendant who receives a dismissal and discharge
  under this article:
               (1)  on conviction of a subsequent offense, the fact
  that the defendant previously has received deferred adjudication
  community supervision is admissible before the court or jury for
  consideration on the issue of penalty;
               (2)  if the defendant is an applicant for or the holder
  of a license under Chapter 42, Human Resources Code, the Department
  of Family and Protective Services may consider the fact that the
  defendant previously has received deferred adjudication community
  supervision in issuing, renewing, denying, or revoking a license
  under that chapter; and
               (3)  if the defendant is an applicant for or the holder
  of a license to provide mental health or medical services for the
  rehabilitation of sex offenders, the Council on Sex Offender
  Treatment may consider the fact that the defendant previously has
  received deferred adjudication community supervision in issuing,
  renewing, denying, or revoking a license issued by that council.
         (e)  A judge who dismisses the proceedings against a
  defendant and discharges the defendant under this article shall:
               (1)  provide the defendant with a copy of the order of
  dismissal and discharge; and
               (2)  if applicable, inform the defendant of the
  defendant's eligibility to petition the court for an order of
  nondisclosure under Section 411.081, Government Code, and the
  earliest date the defendant is eligible to file the petition for the
  order of nondisclosure. (Code Crim. Proc., Art. 42.12, Secs. 5(c),
  (c-1).)
  SUBCHAPTER D. JURISDICTION OVER CASE; GEOGRAPHICAL JURISDICTION
         Art. 42A.151.  TRANSFER OF JURISDICTION.  (a)  After a
  defendant has been placed on community supervision, jurisdiction of
  the case may be transferred to a court of the same rank in this state
  that:
               (1)  has geographical jurisdiction where the
  defendant:
                     (A)  resides; or
                     (B)  violates a condition of community
  supervision; and
               (2)  consents to the transfer.
         (b)  On transfer, the clerk of the court of original
  jurisdiction shall forward to the court accepting jurisdiction a
  transcript of any portion of the record as the transferring judge
  shall direct.  The court accepting jurisdiction subsequently shall
  proceed as if the defendant's trial and conviction had occurred in
  that court. (Code Crim. Proc., Art. 42.12, Secs. 10(a) (part),
  (b).)
         Art. 42A.152.  ISSUANCE OF WARRANT BY COURT HAVING
  GEOGRAPHICAL JURISDICTION. (a)  A judge of a court having
  geographical jurisdiction where a defendant resides or where the
  defendant violates a condition of community supervision may issue a
  warrant for the defendant's arrest.
         (b)  Notwithstanding Subsection (a), the determination of
  the action to be taken after the defendant's arrest may be made only
  by the judge of the court having jurisdiction of the case at the
  time the action is taken. (Code Crim. Proc., Art. 42.12, Sec.
  10(c).)
         Art. 42A.153.  CHANGE OF RESIDENCE WITHIN THE STATE.  (a)  
  If, for good and sufficient reasons, a defendant desires to change
  the defendant's residence within the state, the change may be
  effected by application to the supervising supervision officer.
         (b)  The change of residence is subject to:
               (1)  the judge's consent; and
               (2)  any regulations the judge may require in the
  absence of a supervision officer in the locality to which the
  defendant is transferred. (Code Crim. Proc., Art. 42.12, Sec.
  17(a).)
         Art. 42A.154.  LEAVING THE STATE. A defendant who leaves the
  state without permission of the judge having jurisdiction of the
  case is:
               (1)  considered a fugitive from justice; and
               (2)  subject to extradition as provided by law. (Code
  Crim. Proc., Art. 42.12, Sec. 17(b).)
  SUBCHAPTER E. PARTIAL EXECUTION OF SENTENCE; CONTINUING
  JURISDICTION
         Art. 42A.201.  CONTINUING JURISDICTION IN MISDEMEANOR
  CASES. (a) For the purposes of this article, the jurisdiction of
  the courts in this state in which a sentence requiring confinement
  in a jail is imposed for conviction of a misdemeanor continues for
  180 days from the date the execution of the sentence actually
  begins.
         (b)  The judge of a court that imposed a sentence requiring
  confinement in a jail for conviction of a misdemeanor may, on the
  judge's own motion, on the motion of the attorney representing the
  state, or on the written motion of the defendant, suspend further
  execution of the sentence and place the defendant on community
  supervision under the terms and conditions of this chapter if, in
  the opinion of the judge, the defendant would not benefit from
  further confinement.
         (c)  When the defendant files a written motion with the court
  requesting suspension of further execution of the sentence and
  placement on community supervision or when requested to do so by the
  judge, the clerk of the court shall request a copy of the
  defendant's record while confined from the agency operating the
  jail in which the defendant is confined. On receipt of the request,
  the agency shall forward a copy of the record to the court as soon as
  possible.
         (d)  The judge may deny the motion without holding a hearing
  but may not grant a motion without holding a hearing and allowing
  the attorney representing the state and the defendant to present
  evidence in the case. (Code Crim. Proc., Art. 42.12, Sec. 7.)
         Art. 42A.202.  CONTINUING JURISDICTION IN FELONY CASES. (a)
  For the purposes of this article, the jurisdiction of a court
  imposing a sentence requiring imprisonment in the Texas Department
  of Criminal Justice for an offense other than a state jail felony
  continues for 180 days from the date the execution of the sentence
  actually begins.
         (b)  Before the expiration of the 180-day period described by
  Subsection (a), the judge of the court that imposed the sentence
  described by that subsection may, on the judge's own motion, on the
  motion of the attorney representing the state, or on the written
  motion of the defendant, suspend further execution of the sentence
  and place the defendant on community supervision under the terms
  and conditions of this chapter if:
               (1)  in the opinion of the judge, the defendant would
  not benefit from further imprisonment;
               (2)  the defendant is otherwise eligible for community
  supervision under this chapter; and
               (3)  the defendant had never before been incarcerated
  in a penitentiary serving a sentence for a felony.
         (c)  When the defendant files a written motion requesting the
  judge to suspend further execution of the sentence and place the
  defendant on community supervision, the defendant shall
  immediately deliver or cause to be delivered a copy of the motion to
  the office of the attorney representing the state.
         (d)  When the defendant or the attorney representing the
  state files a written motion requesting the judge to suspend
  further execution of the sentence and place the defendant on
  community supervision, and when requested to do so by the judge, the
  clerk of the court shall request a copy of the defendant's record
  while imprisoned from the Texas Department of Criminal Justice or,
  if the defendant is confined in county jail, from the sheriff. On
  receipt of the request, the Texas Department of Criminal Justice or
  the sheriff shall forward a copy of the record to the judge as soon
  as possible.
         (e)  The judge may deny the motion without holding a hearing
  but may not grant the motion without holding a hearing and providing
  the attorney representing the state and the defendant the
  opportunity to present evidence on the motion. (Code Crim. Proc.,
  Art. 42.12, Sec. 6.)
         Art. 42A.203.  AUTHORITY TO SUSPEND EXECUTION OF SENTENCE IN
  FELONY CASES. (a) Except as otherwise provided by Subsection (b),
  only the judge who originally sentenced the defendant may suspend
  execution of the sentence and place the defendant on community
  supervision under Article 42A.202.
         (b)  If the judge who originally sentenced the defendant is
  deceased or disabled or the office is vacant, and if a motion is
  filed in accordance with Article 42A.202, the clerk of the court
  shall promptly forward a copy of the motion to the presiding judge
  of the administrative judicial district for that court. The
  presiding judge may deny the motion without holding a hearing or may
  appoint a judge to hold a hearing on the motion. (Code Crim. Proc.,
  Art. 42.12, Sec. 10(a) (part).)
         Art. 42A.204.  PARTIAL EXECUTION OF SENTENCE: FIREARM USED
  OR EXHIBITED. (a) If in the trial of a felony of the second degree
  or higher there is an affirmative finding described by Article
  42A.054(d) and the jury recommends that the court place the
  defendant on community supervision, the court may order the
  defendant imprisoned in the Texas Department of Criminal Justice
  for not less than 60 and not more than 120 days.
         (b)  At any time after the defendant has served 60 days in the
  custody of the Texas Department of Criminal Justice, the sentencing
  judge, on the judge's own motion or on motion of the defendant, may
  order the defendant released to community supervision.
         (c)  The department shall release the defendant to community
  supervision after the defendant has served 120 days. (Code Crim.
  Proc., Art. 42.12, Secs. 3g(b), 4(b) (part).)
  SUBCHAPTER F. PRESENTENCE AND POSTSENTENCE REPORTS AND EVALUATIONS
         Art. 42A.251.  DEFINITIONS. In this subchapter:
               (1)  "Council" means the Council on Sex Offender
  Treatment.
               (2)  "Sex offender" means a person who has been
  convicted of, or has entered a plea of guilty or nolo contendere
  for, an offense under any one of the following provisions of the
  Penal Code:
                     (A)  Section 20.04(a)(4) (Aggravated Kidnapping),
  if the person committed the offense with the intent to violate or
  abuse the victim sexually;
                     (B)  Section 21.08 (Indecent Exposure);
                     (C)  Section 21.11 (Indecency with a Child);
                     (D)  Section 22.011 (Sexual Assault);
                     (E)  Section 22.021 (Aggravated Sexual Assault);
                     (F)  Section 25.02 (Prohibited Sexual Conduct);
                     (G)  Section 30.02 (Burglary), if:
                           (i)  the offense is punishable under
  Subsection (d) of that section; and
                           (ii)  the person committed the offense with
  the intent to commit a felony listed in this subdivision;
                     (H)  Section 43.25 (Sexual Performance by a
  Child); or
                     (I)  Section 43.26 (Possession or Promotion of
  Child Pornography).  (Code Crim. Proc., Art. 42.12, Sec. 9A(a).)
         Art. 42A.252.  PRESENTENCE REPORT REQUIRED. (a) Except as
  provided by Subsections (b) and (c), before the imposition of the
  sentence by a judge, the judge shall direct a supervision officer to
  prepare a presentence report for the judge.
         (b)  The judge is not required to direct a supervision
  officer to prepare a presentence report in a misdemeanor case if:
               (1)  the defendant requests that a report not be made
  and the judge agrees to the request; or
               (2)  the judge:
                     (A)  finds that there is sufficient information in
  the record to permit the meaningful exercise of sentencing
  discretion; and
                     (B)  explains that finding on the record.
         (c)  The judge is not required to direct a supervision
  officer to prepare a presentence report in a felony case if:
               (1)  punishment is to be assessed by a jury;
               (2)  the defendant is convicted of or enters a plea of
  guilty or nolo contendere to capital murder;
               (3)  the only available punishment is imprisonment; or
               (4)  the judge is informed that a plea bargain
  agreement exists, under which the defendant agrees to a punishment
  of imprisonment, and the judge intends to follow that agreement.
  (Code Crim. Proc., Art. 42.12, Secs. 9(a) (part), (b), (g).)
         Art. 42A.253.  CONTENTS OF PRESENTENCE REPORT. (a) A
  presentence report must be in writing and include:
               (1)  the circumstances of the offense with which the
  defendant is charged;
               (2)  the amount of restitution necessary to adequately
  compensate a victim of the offense;
               (3)  the criminal and social history of the defendant;
               (4)  a proposed supervision plan describing programs
  and sanctions that the community supervision and corrections
  department will provide the defendant if the judge suspends the
  imposition of the sentence or grants deferred adjudication
  community supervision;
               (5)  if the defendant is charged with a state jail
  felony, recommendations for conditions of community supervision
  that the community supervision and corrections department
  considers advisable or appropriate based on the circumstances of
  the offense and other factors addressed in the report;
               (6)  the results of a psychological evaluation of the
  defendant that determines, at a minimum, the defendant's IQ and
  adaptive behavior score if the defendant:
                     (A)  is convicted of a felony offense; and
                     (B)  appears to the judge, through the judge's own
  observation or on the suggestion of a party, to have a mental
  impairment;
               (7)  information regarding whether the defendant is a
  current or former member of the state military forces or whether the
  defendant currently serves or has previously served in the armed
  forces of the United States in an active-duty status and, if
  available, a copy of the defendant's military discharge papers and
  military records;
               (8)  if the defendant has served in the armed forces of
  the United States in an active-duty status, a determination as to
  whether the defendant was deployed to a combat zone and whether the
  defendant may suffer from post-traumatic stress disorder or a
  traumatic brain injury; and
               (9)  any other information relating to the defendant or
  the offense as requested by the judge.
         (b)  A presentence report is not required to contain a
  sentencing recommendation.  (Code Crim. Proc., Art. 42.12, Secs.
  9(a) (part), (i), (l).)
         Art. 42A.254.  INSPECTION BY JUDGE; DISCLOSURE OF CONTENTS.
  The judge may not inspect a presentence report and the contents of
  the report may not be disclosed to any person unless:
               (1)  the defendant pleads guilty or nolo contendere or
  is convicted of the offense; or
               (2)  the defendant, in writing, authorizes the judge to
  inspect the report.  (Code Crim. Proc., Art. 42.12, Sec. 9(c).)
         Art. 42A.255.  INSPECTION AND COMMENT BY DEFENDANT; ACCESS
  TO INFORMATION BY STATE. (a)  Unless waived by the defendant, at
  least 48 hours before sentencing a defendant, the judge shall
  permit the defendant or the defendant's attorney to read the
  presentence report.
         (b)  The judge shall allow the defendant or the defendant's
  attorney to comment on a presentence investigation or a
  postsentence report and, with the approval of the judge, introduce
  testimony or other information alleging a factual inaccuracy in the
  investigation or report.
         (c)  The judge shall allow the attorney representing the
  state access to any information made available to the defendant
  under this article. (Code Crim. Proc., Art. 42.12, Secs. 9(d), (e),
  (f).)
         Art. 42A.256.  RELEASE OF INFORMATION TO SUPERVISION
  OFFICER; CONFIDENTIALITY OF REPORT. (a)  The judge by order may
  direct that any information and records that are not privileged and
  that are relevant to a presentence or postsentence report be
  released to a supervision officer conducting a presentence
  investigation under this subchapter or preparing a postsentence
  report under Article 42A.259. The judge may also issue a subpoena
  to obtain that information.
         (b)  A presentence or postsentence report and all
  information obtained in connection with a presentence
  investigation or postsentence report are confidential and may be
  released only as:
               (1)  provided by:
                     (A)  Subsection (c);
                     (B)  Article 42A.255;
                     (C)  Article 42A.257;
                     (D)  Article 42A.259; or
                     (E)  Section 614.017, Health and Safety Code; or
               (2)  directed by the judge for the effective
  supervision of the defendant.
         (c)  If the defendant is a sex offender, a supervision
  officer may release information in a presentence or postsentence
  report concerning the social and criminal history of the defendant
  to a person who:
               (1)  is licensed or certified in this state to provide
  mental health or medical services, including a:
                     (A)  physician;
                     (B)  psychiatrist;
                     (C)  psychologist;
                     (D)  licensed professional counselor;
                     (E)  licensed marriage and family therapist; or
                     (F)  certified social worker; and
               (2)  provides mental health or medical services for the
  rehabilitation of the defendant.  (Code Crim. Proc., Art. 42.12,
  Secs. 9(j), 9A(b).)
         Art. 42A.257.  EVALUATION FOR PURPOSES OF ALCOHOL OR DRUG
  REHABILITATION. (a) The judge shall direct a supervision officer
  approved by the community supervision and corrections department or
  the judge, or a person, program, or other agency approved by the
  Department of State Health Services, to conduct an evaluation to
  determine the appropriateness of, and a course of conduct necessary
  for, alcohol or drug rehabilitation for a defendant and to report
  the results of that evaluation to the judge, if:
               (1)  the judge determines that alcohol or drug abuse
  may have contributed to the commission of the offense; or
               (2)  the case involves a second or subsequent offense
  under:
                     (A)  Section 49.04, Penal Code, if the offense was
  committed within five years of the date on which the most recent
  preceding offense was committed; or
                     (B)  Section 49.07 or 49.08, Penal Code, if the
  offense involved the operation of a motor vehicle and was committed
  within five years of the date on which the most recent preceding
  offense was committed.
         (b)  The evaluation must be made:
               (1)  after arrest and before conviction, if requested
  by the defendant;
               (2)  after conviction and before sentencing, if the
  judge assesses punishment in the case;
               (3)  after sentencing and before the entry of a final
  judgment, if the jury assesses punishment in the case; or
               (4)  after community supervision is granted, if the
  evaluation is required as a condition of community supervision
  under Article 42A.402. (Code Crim. Proc., Art. 42.12, Sec. 9(h).)
         Art. 42A.258.  EVALUATION FOR PURPOSES OF SEX OFFENDER
  TREATMENT, SPECIALIZED SUPERVISION, OR REHABILITATION. (a)  If the
  defendant is a sex offender, the judge shall direct a supervision
  officer approved by the community supervision and corrections
  department or the judge, or a person, program, or other agency
  approved by the council, to:
               (1)  evaluate the appropriateness of, and a course of
  conduct necessary for, treatment, specialized supervision, or
  rehabilitation of the defendant; and
               (2)  report the results of the evaluation to the judge.
         (b)  The judge may require the evaluation to use
  offense-specific standards of practice adopted by the council and
  may require the report to reflect those standards.
         (c)  The evaluation must be made:
               (1)  after arrest and before conviction, if requested
  by the defendant; or
               (2)  after conviction and before the entry of a final
  judgment. (Code Crim. Proc., Art. 42.12, Sec. 9A(c).)
         Art. 42A.259.  POSTSENTENCE REPORT. (a)  If a presentence
  report in a felony case is not required under Article 42A.252(c),
  the judge may direct a supervision officer to prepare a
  postsentence report containing the same information that would have
  been required for the presentence report, other than a proposed
  supervision plan and any information that is reflected in the
  judgment.
         (b)  If a postsentence report is ordered, the supervision
  officer shall send the report to the clerk of the court not later
  than the 30th day after the date on which sentence is pronounced or
  deferred adjudication community supervision is granted.  The clerk
  shall deliver the postsentence report with the papers in the case to
  a designated officer of the Texas Department of Criminal Justice,
  to the extent required by Section 8(a), Article 42.09. (Code Crim.
  Proc., Art. 42.12, Sec. 9(k).)
  SUBCHAPTER G. DISCRETIONARY CONDITIONS GENERALLY
         Art. 42A.301.  BASIC DISCRETIONARY CONDITIONS. The judge of
  the court having jurisdiction of the case shall determine the
  conditions of community supervision. The judge may impose any
  reasonable condition that is designed to protect or restore the
  community, protect or restore the victim, or punish, rehabilitate,
  or reform the defendant.  Conditions of community supervision may
  include conditions requiring the defendant to:
               (1)  commit no offense against the laws of this state or
  of any other state or of the United States;
               (2)  avoid injurious or vicious habits;
               (3)  avoid persons or places of disreputable or harmful
  character, including any person, other than a family member of the
  defendant, who is an active member of a criminal street gang;
               (4)  report to the supervision officer as directed by
  the judge or supervision officer and obey all rules and regulations
  of the community supervision and corrections department;
               (5)  permit the supervision officer to visit the
  defendant at the defendant's home or elsewhere;
               (6)  work faithfully at suitable employment to the
  extent possible;
               (7)  remain within a specified place;
               (8)  pay in one or more amounts:
                     (A)  the defendant's fine, if one is assessed; and
                     (B)  all court costs, regardless of whether a fine
  is assessed;
               (9)  support the defendant's dependents;
               (10)  participate, for a period specified by the judge,
  in any community-based program, including a community service
  project under Article 42A.304;
               (11)  reimburse the county in which the prosecution was
  instituted as follows:
                     (A)  if counsel was appointed, an amount for
  compensation paid to appointed counsel for defending the defendant
  in the case; or
                     (B)  if the defendant was represented by a public
  defender's office, an amount that would have been paid to an
  appointed attorney had the county not had a public defender's
  office;
               (12)  if under custodial supervision in a community
  corrections facility:
                     (A)  remain under that supervision;
                     (B)  obey all rules and regulations of the
  facility; and
                     (C)  pay a percentage of the defendant's income
  to:
                           (i)  the facility for room and board; and
                           (ii)  the defendant's dependents for their
  support during the period of custodial supervision;
               (13)  submit to testing for alcohol or controlled
  substances;
               (14)  attend counseling sessions for substance abusers
  or participate in substance abuse treatment services in a program
  or facility approved or licensed by the Department of State Health
  Services;
               (15)  with the consent of the victim of a misdemeanor
  offense or of any offense under Title 7, Penal Code, participate in
  victim-defendant mediation;
               (16)  submit to electronic monitoring;
               (17)  reimburse the compensation to victims of crime
  fund for any amounts paid from that fund to or on behalf of a victim,
  as defined by Article 56.32, of the offense or if no reimbursement
  is required, make one payment to the compensation to victims of
  crime fund in an amount not to exceed $50 if the offense is a
  misdemeanor or not to exceed $100 if the offense is a felony;
               (18)  reimburse a law enforcement agency for the
  analysis, storage, or disposal of raw materials, controlled
  substances, chemical precursors, drug paraphernalia, or other
  materials seized in connection with the offense;
               (19)  pay all or part of the reasonable and necessary
  costs incurred by the victim for psychological counseling made
  necessary by the offense or for counseling and education relating
  to acquired immune deficiency syndrome or human immunodeficiency
  virus made necessary by the offense;
               (20)  make one payment in an amount not to exceed $50 to
  a crime stoppers organization, as defined by Section 414.001,
  Government Code, and as certified by the Texas Crime Stoppers
  Council;
               (21)  submit a DNA sample to the Department of Public
  Safety under Subchapter G, Chapter 411, Government Code, for the
  purpose of creating a DNA record of the defendant;
               (22)  in any manner required by the judge, provide in
  the county in which the offense was committed public notice of the
  offense for which the defendant was placed on community
  supervision; and
               (23)  reimburse the county in which the prosecution was
  instituted for compensation paid to any interpreter in the case.
  (Code Crim. Proc., Art. 42.12, Sec. 11(a) (part).)
         Art. 42A.302.  CONFINEMENT. (a) If a judge having
  jurisdiction of a case requires as a condition of community
  supervision that the defendant submit to a term of confinement in a
  county jail, the term of confinement may not exceed:
               (1)  30 days, in a misdemeanor case; or
               (2)  180 days, in a felony case.
         (b)  A judge who requires as a condition of community
  supervision that the defendant serve a term of confinement in a
  community corrections facility under Subchapter M may not impose a
  term of confinement under this article that, if added to the term
  imposed under Subchapter M, exceeds 24 months.
         (c)  A judge may impose a term of confinement as a condition
  of community supervision under this article on placing the
  defendant on supervision or at any time during the supervision
  period. The judge may impose terms of confinement as a condition of
  community supervision in increments smaller than the maximum terms
  provided by Subsection (a), except that the judge may not impose
  terms of confinement that, if added together, exceed the maximum
  terms provided by Subsection (a). (Code Crim. Proc., Art. 42.12,
  Sec. 12.)
         Art. 42A.303.  SUBSTANCE ABUSE FELONY PROGRAM. (a)  If a
  court places a defendant on community supervision under any
  provision of this chapter as an alternative to imprisonment, the
  judge may require as a condition of community supervision that the
  defendant serve a term of confinement and treatment in a substance
  abuse felony punishment facility operated by the Texas Department
  of Criminal Justice under Section 493.009, Government Code.
         (b)  A term of confinement and treatment imposed under this
  article must be an indeterminate term of not more than one year or
  less than 90 days.
         (c)  The judge may impose the condition of community
  supervision described by this article if:
               (1)  the defendant is charged with or convicted of a
  felony other than:
                     (A)  a felony under Section 21.11, 22.011, or
  22.021, Penal Code; or
                     (B)  criminal attempt of a felony under Section
  21.11, 22.011, or 22.021, Penal Code; and
               (2)  the judge makes an affirmative finding that:
                     (A)  drug or alcohol abuse significantly
  contributed to the commission of the offense or violation of a
  condition of community supervision, as applicable; and
                     (B)  the defendant is a suitable candidate for
  treatment, as determined by the suitability criteria established by
  the Texas Board of Criminal Justice under Section 493.009(b),
  Government Code.
         (d)  If a judge requires as a condition of community
  supervision that the defendant serve a term of confinement and
  treatment in a substance abuse felony punishment facility under
  this article, the judge shall also require as a condition of
  community supervision that on release from the facility the
  defendant:
               (1)  participate in a drug or alcohol abuse continuum
  of care treatment plan; and
               (2)  pay a fee in an amount established by the judge for
  residential aftercare required as part of the treatment plan.
         (e)  The Department of State Health Services shall develop
  the continuum of care treatment plan described by Subsection
  (d)(1).
         (f)  The clerk of a court that collects a fee imposed under
  Subsection (d)(2) shall deposit the fee to be sent to the
  comptroller as provided by Subchapter B, Chapter 133, Local
  Government Code, and the comptroller shall deposit the fee into the
  general revenue fund.  If the clerk does not collect a fee imposed
  under Subsection (d)(2), the clerk is not required to file any
  report required by the comptroller that relates to the collection
  of the fee. In establishing the amount of a fee under Subsection
  (d)(2), the judge shall consider fines, fees, and other necessary
  expenses for which the defendant is obligated. The judge may not:
               (1)  establish the fee in an amount that is greater than
  25 percent of the defendant's gross income while the defendant is a
  participant in residential aftercare; or
               (2)  require the defendant to pay the fee at any time
  other than a time at which the defendant is both employed and a
  participant in residential aftercare.  (Code Crim. Proc., Art.
  42.12, Sec. 14, as amended Acts 73rd Leg., R.S., Ch. 900; Acts 74th
  Leg., R.S., Chs. 76, 321; Acts 76th Leg., R.S., Ch. 1188; Acts 78th
  Leg., R.S., Chs. 209, 1310.)
         Art. 42A.304.  COMMUNITY SERVICE.  (a)  A judge may require
  as a condition of community supervision that the defendant work a
  specified number of hours at one or more community service projects
  for one or more organizations approved by the judge and designated
  by the department.  The judge may not require the defendant to work
  at a community service project if, as determined and noted on the
  community supervision order by the judge:
               (1)  the defendant is physically or mentally incapable
  of participating in the project;
               (2)  participating in the project will cause a hardship
  to the defendant or to the defendant's dependents;
               (3)  the defendant is to be confined in a substance
  abuse felony punishment facility as a condition of community
  supervision; or
               (4)  there is other good cause shown.
         (b)  The amount of community service work ordered by the
  judge may not exceed:
               (1)  1,000 hours for an offense classified as a first
  degree felony;
               (2)  800 hours for an offense classified as a second
  degree felony;
               (3)  600 hours for:
                     (A)  an offense classified as a third degree
  felony; or
                     (B)  an offense under Section 30.04, Penal Code,
  classified as a Class A misdemeanor;
               (4)  400 hours for an offense classified as a state jail
  felony;
               (5)  200 hours for:
                     (A)  an offense classified as a Class A
  misdemeanor, other than an offense described by Subdivision (3)(B);
  or
                     (B)  a misdemeanor for which the maximum
  permissible confinement, if any, exceeds six months or the maximum
  permissible fine, if any, exceeds $4,000; and
               (6)  100 hours for:
                     (A)  an offense classified as a Class B
  misdemeanor; or
                     (B)  a misdemeanor for which the maximum
  permissible confinement, if any, does not exceed six months and the
  maximum permissible fine, if any, does not exceed $4,000.
         (c)  A defendant required to perform community service under
  this article is not a state employee for the purposes of Chapter 501
  or 504, Labor Code.
         (d)  If the court makes an affirmative finding under Article
  42.014, the judge may order the defendant to perform community
  service under this article at a project designated by the judge that
  primarily serves the person or group who was the target of the
  defendant. If the judge orders community service under this
  subsection, the judge shall order the defendant to perform not less
  than:
               (1)  300 hours of service if the offense is classified
  as a felony; or
               (2)  100 hours of service if the offense is classified
  as a misdemeanor.
         (e)  A defendant required to perform community service under
  this article after conviction of an offense under Section 352.082,
  Local Government Code, shall perform 60 hours of service.  The
  community service must consist of picking up litter in the county in
  which the defendant resides or working at a recycling facility if a
  program for performing that type of service is available in the
  community in which the court is located.
         (f)  The judge may order a defendant to make a specified
  donation to a nonprofit food bank or food pantry in the community in
  which the defendant resides instead of requiring the defendant to
  work a specified number of hours at one or more community service
  projects under Subsection (a).  (Code Crim. Proc., Art. 42.12,
  Secs. 16(a), (b), (c), (d), (e), (f).)
         Art. 42A.305.  COMMUNITY OUTREACH. (a) This article
  applies only to a defendant placed on community supervision for an
  offense involving the possession, manufacture, or delivery of a
  controlled substance under Chapter 481, Health and Safety Code.
         (b)  If a judge orders a defendant to whom this article
  applies to perform community service, the judge may authorize the
  defendant to perform not more than 30 hours of community outreach
  under this article instead of performing hours of community
  service.
         (c)  Community outreach under this article must consist of
  working with a secondary school at the direction of the judge to
  educate students on the dangers and legal consequences of
  possessing, manufacturing, or delivering a controlled substance.
         (d)  A secondary school is not required to allow a defendant
  to perform community outreach at that school.
         (e)  The judge may not authorize the defendant to perform
  hours of community outreach under this article instead of
  performing hours of community service if:
               (1)  the defendant is physically or mentally incapable
  of participating in community outreach; or
               (2)  the defendant is subject to registration as a sex
  offender under Chapter 62.  (Code Crim. Proc., Art. 42.12, Sec.
  16(g).)
         Art. 42A.306.  SUPERVISION OF DEFENDANT FROM OUT OF STATE. A
  judge who receives a defendant for supervision as authorized by
  Section 510.017, Government Code, may impose on the defendant any
  term of community supervision authorized by this chapter. (Code
  Crim. Proc., Art. 42.12, Sec. 19(c) (part).)
         Art. 42A.307.  ORCHIECTOMY PROHIBITED. A judge may not
  require a defendant to undergo an orchiectomy as a condition of
  community supervision. (Code Crim. Proc., Art. 42.12, Sec. 11(f).)
  SUBCHAPTER H.  MANDATORY CONDITIONS GENERALLY
         Art. 42A.351.  EDUCATIONAL SKILL LEVEL.  (a)  If the judge or
  jury places a defendant on community supervision, the judge shall
  require the defendant to demonstrate to the court whether the
  defendant has an educational skill level that is equal to or greater
  than the average educational skill level of students who have
  completed the sixth grade in public schools in this state.
         (b)  If the judge determines that the defendant has not
  attained the educational skill level described by Subsection (a),
  the judge shall require as a condition of community supervision
  that the defendant attain that level of educational skill, unless
  the judge also determines that the defendant lacks the intellectual
  capacity or the learning ability to ever achieve that level of
  educational skill.  (Code Crim. Proc., Art. 42.12, Sec. 11(c).)
         Art. 42A.352.  DNA SAMPLE.  A judge granting community
  supervision to a defendant convicted of a felony shall require as a
  condition of community supervision that the defendant provide a DNA
  sample under Subchapter G, Chapter 411, Government Code, for the
  purpose of creating a DNA record of the defendant, unless the
  defendant has already submitted the required sample under other
  state law.  (Code Crim. Proc., Art. 42.12, Sec. 11(j).)
  SUBCHAPTER I.  CONDITIONS APPLICABLE TO CERTAIN INTOXICATION
  OFFENSES
         Art. 42A.401.  CONFINEMENT AS CONDITION OF COMMUNITY
  SUPERVISION FOR CERTAIN INTOXICATION OFFENSES. (a) A judge
  granting community supervision to a defendant convicted of an
  offense under Chapter 49, Penal Code, shall require as a condition
  of community supervision that the defendant submit to:
               (1)  not less than 72 hours of continuous confinement
  in county jail if the defendant was punished under Section
  49.09(a), Penal Code;
               (2)  not less than five days of confinement in county
  jail if the defendant was punished under Section 49.09(a), Penal
  Code, and was subject to Section 49.09(h), Penal Code;
               (3)  not less than 10 days of confinement in county jail
  if the defendant was punished under Section 49.09(b), Penal Code;
               (4)  not less than 30 days of confinement in county jail
  if the defendant was convicted of an offense under Section 49.07,
  Penal Code; or
               (5)  a term of confinement of not less than 120 days if
  the defendant was convicted of an offense under Section 49.08,
  Penal Code.
         (b)  If a sentence of confinement is imposed on the
  revocation of community supervision, the term of confinement served
  under Subsection (a) may not be credited toward completion of the
  sentence imposed.  (Code Crim. Proc., Art. 42.12, Secs. 13(a)
  (part), (b), (e).)
         Art. 42A.402.  DRUG OR ALCOHOL DEPENDENCE EVALUATION AND
  REHABILITATION.  (a) A judge granting community supervision to a
  defendant convicted of an offense under Chapter 49, Penal Code,
  shall require as a condition of community supervision that the
  defendant submit to an evaluation by a supervision officer or by a
  person, program, or facility approved by the Department of State
  Health Services for the purpose of having the facility prescribe
  and carry out a course of conduct necessary for the rehabilitation
  of the defendant's drug or alcohol dependence condition.
         (b)  If the director of a facility to which a defendant is
  referred under Subsection (a) determines that the defendant is not
  making a good faith effort to participate in a program of
  rehabilitation, the director shall notify the judge who referred
  the defendant to the facility of that determination.
         (c)  If a judge requires as a condition of community
  supervision that the defendant participate in a prescribed course
  of conduct necessary for the rehabilitation of the defendant's drug
  or alcohol dependence condition, the judge shall require that the
  defendant pay for all or part of the cost of the rehabilitation
  based on the defendant's ability to pay. The judge, in the judge's
  discretion, may credit against the fine assessed the cost paid by
  the defendant. In determining a defendant's ability to pay the cost
  of rehabilitation under this subsection, the judge shall consider
  whether the defendant has insurance coverage that will pay for
  rehabilitation.
         (d)  A judge who grants community supervision to a defendant
  convicted of an offense under Sections 49.04-49.08, Penal Code,
  shall require, if the defendant has not submitted to an evaluation
  under Article 42A.257 before receiving community supervision, that
  the defendant submit to the evaluation as a condition of community
  supervision. If the evaluation indicates to the judge that the
  defendant needs treatment for drug or alcohol dependency, the judge
  shall require the defendant to submit to that treatment as a
  condition of community supervision in a program or facility that:
               (1)  is approved or licensed by the Department of State
  Health Services; or
               (2)  complies with standards established by the
  community justice assistance division of the Texas Department of
  Criminal Justice, after consultation by the division with the
  Department of State Health Services.  (Code Crim. Proc., Art.
  42.12, Secs. 13(a) (part), (c), (d), (f).)
         Art. 42A.403.  EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION
  OFFENDERS; WAIVER OR EXTENSION OF TIME.  (a)  A judge who places on
  community supervision a defendant convicted of an offense under
  Sections 49.04-49.08, Penal Code, shall require as a condition of
  community supervision that the defendant attend and successfully
  complete, before the 181st day after the date community supervision
  is granted, an educational program designed to rehabilitate persons
  who have driven while intoxicated that is jointly approved by:
               (1)  the Department of State Health Services;
               (2)  the Department of Public Safety;
               (3)  the traffic safety section of the traffic
  operations division of the Texas Department of Transportation; and
               (4)  the community justice assistance division of the
  Texas Department of Criminal Justice.
         (b)  This article does not apply to a defendant if a jury
  recommends community supervision for the defendant and also
  recommends that the defendant's driver's license not be suspended.
         (c)  If the defendant by a motion in writing shows good
  cause, the judge may:
               (1)  waive the educational program requirement; or
               (2)  to enable the defendant to successfully complete
  the program, grant an extension of time that expires not later than
  the first anniversary of the beginning date of the defendant's
  community supervision. 
         (d)  In determining good cause, the judge may consider but is
  not limited to:
               (1)  the defendant's school and work schedule;
               (2)  the defendant's health;
               (3)  the distance that the defendant must travel to
  attend an educational program; and
               (4)  the fact that the defendant resides out of state,
  does not have a valid driver's license, or does not have access to
  transportation.
         (e)  The judge shall set out the finding of good cause for
  waiver in the judgment.  (Code Crim. Proc., Art. 42.12, Sec. 13(h)
  (part).)
         Art. 42A.404.  EDUCATIONAL PROGRAM FOR CERTAIN REPEAT
  INTOXICATION OFFENDERS; WAIVER. (a)  The judge shall require a
  defendant who is punished under Section 49.09, Penal Code, to
  attend and successfully complete as a condition of community
  supervision an educational program for repeat offenders that is
  approved by the Department of State Health Services.
         (b)  The judge may waive the educational program requirement
  only if the defendant by a motion in writing shows good cause. In
  determining good cause, the judge may consider:
               (1)  the defendant's school and work schedule;
               (2)  the defendant's health;
               (3)  the distance that the defendant must travel to
  attend an educational program; and
               (4)  whether the defendant resides out of state or does
  not have access to transportation.
         (c)  The judge shall set out the finding of good cause in the
  judgment.  (Code Crim. Proc., Art. 42.12, Sec. 13(j) (part).)
         Art. 42A.405.  RULES FOR AND ADMINISTRATION OF EDUCATIONAL
  PROGRAMS. (a)  The Health and Human Services Commission shall adopt
  rules for the educational program under Article 42A.404.
         (b)  The Department of State Health Services shall:
               (1)  publish the jointly approved rules for the
  educational program under Article 42A.403; and
               (2)  monitor, coordinate, and provide training to
  persons providing the educational programs under this subchapter.
         (c)  The Department of State Health Services is responsible
  for the administration of the certification of approved educational
  programs.
         (d)  The Department of State Health Services may charge a
  nonrefundable application fee for the initial certification of
  approval or for a renewal of the certification.  (Code Crim. Proc.,
  Art. 42.12, Secs. 13(h) (part), (j) (part).)
         Art. 42A.406.  EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON
  DRIVING RECORD AND LICENSE.  (a)  If a defendant is required as a
  condition of community supervision to attend an educational program
  under Article 42A.403 or 42A.404, or if the court waives the
  educational program requirement under Article 42A.403, the court
  clerk shall immediately report that fact to the Department of
  Public Safety, on a form prescribed by the department, for
  inclusion in the defendant's driving record.  If the court grants an
  extension of time in which the defendant may complete the
  educational program under Article 42A.403, the court clerk shall
  immediately report that fact to the Department of Public Safety on a
  form prescribed by the department.  The clerk's report under this
  subsection must include the beginning date of the defendant's
  community supervision.
         (b)  On the defendant's successful completion of an
  educational program under Article 42A.403 or 42A.404, the
  defendant's instructor shall give notice to the Department of
  Public Safety for inclusion in the defendant's driving record and
  to the community supervision and corrections department. The
  community supervision and corrections department shall forward the
  notice to the court clerk for filing.
         (c)  If the Department of Public Safety does not receive
  notice that a defendant required to complete an educational program
  has successfully completed the program within the period required
  by the judge under this subchapter, as shown on department records,
  the department, as provided by Sections 521.344(e) and (f),
  Transportation Code, shall:
               (1)  revoke the defendant's driver's license; or
               (2)  prohibit the defendant from obtaining a license.
         (d)  The Department of Public Safety may not reinstate a
  license revoked under Subsection (c) as the result of an
  educational program requirement imposed under Article 42A.403
  unless the defendant whose license was revoked applies to the
  department for reinstatement of the license and pays to the
  department a reinstatement fee of $100.  The Department of Public
  Safety shall remit all fees collected under this subsection to the
  comptroller for deposit in the general revenue fund.  (Code Crim.
  Proc., Art. 42.12, Secs. 13(h) (part), (j) (part).)
         Art. 42A.407.  SUSPENSION OF DRIVER'S LICENSE.  (a)  A jury
  that recommends community supervision for a defendant convicted of
  an offense under Sections 49.04-49.08, Penal Code, may recommend
  that any driver's license issued to the defendant under Chapter
  521, Transportation Code, not be suspended. This subsection does
  not apply to a defendant punished under Section 49.09(a) or (b),
  Penal Code, and subject to Section 49.09(h), Penal Code.
         (b)  Notwithstanding Sections 521.344(d)-(i),
  Transportation Code, if under Article 42A.404 the judge requires a
  defendant punished under Section 49.09, Penal Code, to attend an
  educational program as a condition of community supervision, or
  waives the required attendance for the program, and the defendant
  has previously been required to attend such an educational program,
  or the required attendance at the program had been waived, the judge
  shall order the suspension of the defendant's driver's license for a
  period determined by the judge according to the following schedule:
               (1)  not less than 90 days or more than one year, if the
  defendant is convicted under Sections 49.04-49.08, Penal Code;
               (2)  not less than 180 days or more than two years, if
  the defendant is punished under Section 49.09(a) or (b), Penal
  Code; or
               (3)  not less than one year or more than two years, if
  the defendant is convicted of a second or subsequent offense under
  Sections 49.04-49.08, Penal Code, committed within five years of
  the date on which the most recent preceding offense was committed.
         (c)  If the Department of Public Safety receives notice that
  a defendant has been required to attend a subsequent educational
  program under Article 42A.403 or 42A.404, although the previously
  required attendance had been waived, but the judge has not ordered a
  period of suspension, the department shall:
               (1)  suspend the defendant's driver's license; or
               (2)  issue an order prohibiting the defendant from
  obtaining a license for a period of one year.
         (d)  The judge shall suspend the defendant's driver's license
  for a period provided under Subchapter O, Chapter 521,
  Transportation Code, if:
               (1)  a judge revokes the community supervision of the
  defendant for:
                     (A)  an offense under Section 49.04, Penal Code;
  or
                     (B)  an offense involving the operation of a motor
  vehicle under Section 49.07, Penal Code; and
               (2)  the license has not previously been ordered by the
  judge to be suspended, or the suspension was previously probated.
         (e)  The suspension of a defendant's driver's license under
  Subsection (d) shall be reported to the Department of Public Safety
  as provided under Section 521.347, Transportation Code.
         (f)  Notwithstanding any other provision of this subchapter
  or other law, a judge who places on community supervision a
  defendant who was younger than 21 years of age at the time of the
  offense and was convicted for an offense under Sections
  49.04-49.08, Penal Code, shall order that the defendant's driver's
  license be suspended for 90 days beginning on the date the defendant
  is placed on community supervision.  (Code Crim. Proc., Art. 42.12,
  Secs. 13(g), (k), (l), (m), (n) (part).)
         Art. 42A.408.  USE OF IGNITION INTERLOCK DEVICE.  (a)  In
  this article, "ignition interlock device" means a device that uses
  a deep-lung breath analysis mechanism to make impractical the
  operation of the motor vehicle if ethyl alcohol is detected in the
  breath of the operator.
         (b)  The court may require as a condition of community
  supervision that a defendant placed on community supervision after
  conviction of an offense under Sections 49.04-49.08, Penal Code,
  have an ignition interlock device installed on the motor vehicle
  owned by the defendant or on the vehicle most regularly driven by
  the defendant and that the defendant not operate any motor vehicle
  that is not equipped with that device.
         (c)  The court shall require as a condition of community
  supervision that a defendant described by Subsection (b) have an
  ignition interlock device installed on the motor vehicle owned by
  the defendant or on the vehicle most regularly driven by the
  defendant and that the defendant not operate any motor vehicle
  unless the vehicle is equipped with that device if:
               (1)  it is shown on the trial of the offense that an
  analysis of a specimen of the defendant's blood, breath, or urine
  showed an alcohol concentration level of 0.15 or more at the time
  the analysis was performed;
               (2)  the defendant is placed on community supervision
  after conviction of an offense under Sections 49.04-49.06, Penal
  Code, for which the defendant is punished under Section 49.09(a) or
  (b), Penal Code; or
               (3)  the court determines under Subsection (d) that the
  defendant has one or more previous convictions under Sections
  49.04-49.08, Penal Code.
         (d)  Before placing on community supervision a defendant
  convicted of an offense under Sections 49.04-49.08, Penal Code, the
  court shall determine from criminal history record information
  maintained by the Department of Public Safety whether the defendant
  has one or more previous convictions under any of those sections. A
  previous conviction may not be used for purposes of restricting a
  defendant to the operation of a motor vehicle equipped with an
  ignition interlock device under Subsection (c) if:
               (1)  the previous conviction was a final conviction
  under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal
  Code, and was for an offense committed before the beginning of the
  10-year period preceding the date of the instant offense for which
  the defendant was convicted and placed on community supervision;
  and
               (2)  the defendant has not been convicted of an offense
  under Section 49.04, 49.045, 49.05, 49.06, 49.07, or 49.08, Penal
  Code, committed within the 10-year period preceding the date of the
  instant offense for which the defendant was convicted and placed on
  community supervision.
         (e)  Notwithstanding any other provision of this subchapter
  or other law, a judge who places on community supervision a
  defendant who was younger than 21 years of age at the time of the
  offense and was convicted for an offense under Sections
  49.04-49.08, Penal Code, shall require as a condition of community
  supervision that the defendant not operate any motor vehicle unless
  the vehicle is equipped with an ignition interlock device.
         (f)  The court shall require the defendant to obtain an
  ignition interlock device at the defendant's own cost before the
  30th day after the date of conviction unless the court finds that to
  do so would not be in the best interest of justice and enters its
  findings on record. The court shall require the defendant to
  provide evidence to the court within the 30-day period that the
  device has been installed on the appropriate vehicle and order the
  device to remain installed on that vehicle for a period the length
  of which is not less than 50 percent of the supervision period. If
  the court determines the defendant is unable to pay for the ignition
  interlock device, the court may impose a reasonable payment
  schedule not to exceed twice the length of the period of the court's
  order.
         (g)  The Department of Public Safety shall approve ignition
  interlock devices for use under this article. Section 521.247,
  Transportation Code, applies to the approval of a device under this
  article and the consequences of that approval.
         (h)  Notwithstanding any other provision of this subchapter,
  if a defendant is required to operate a motor vehicle in the course
  and scope of the defendant's employment and if the vehicle is owned
  by the employer, the defendant may operate that vehicle without
  installation of an approved ignition interlock device if the
  employer has been notified of that driving privilege restriction
  and if proof of that notification is with the vehicle. The
  employment exemption does not apply if the business entity that
  owns the vehicle is owned or controlled by the defendant. (Code
  Crim. Proc., Art. 42.12, Secs. 13(i) (part), (n) (part).)
         Art. 42A.409.  COMMUNITY SUPERVISION FOR ENHANCED PUBLIC
  INTOXICATION OFFENSE.  (a)  On conviction of an offense punishable
  as a Class C misdemeanor under Section 49.02, Penal Code, for which
  punishment is enhanced under Section 12.43(c), Penal Code, based on
  previous convictions under Section 49.02 or 42.01, Penal Code, the
  court may suspend the imposition of the sentence and place the
  defendant on community supervision if the court finds that the
  defendant would benefit from community supervision and enters its
  finding on the record.  The judge may suspend in whole or in part the
  imposition of any fine imposed on conviction.
         (b)  All provisions of this chapter applying to a defendant
  placed on community supervision for a misdemeanor apply to a
  defendant placed on community supervision under Subsection (a),
  except that the court shall require the defendant as a condition of
  community supervision to:
               (1)  submit to diagnostic testing for addiction to
  alcohol or a controlled substance or drug;
               (2)  submit to a psychological assessment;
               (3)  if indicated as necessary by testing and
  assessment, participate in an alcohol or drug abuse treatment or
  education program; and
               (4)  pay the costs of testing, assessment, and
  treatment or education, either directly or as a court cost.  (Code
  Crim. Proc., Art. 42.12, Sec. 15A.)
  SUBCHAPTER J. CONDITIONS APPLICABLE TO SEX OFFENDERS
         Art. 42A.451.  SEX OFFENDER REGISTRATION; DNA SAMPLE. A
  judge granting community supervision to a defendant required to
  register as a sex offender under Chapter 62 shall require that the
  defendant, as a condition of community supervision:
               (1)  register under that chapter; and
               (2)  submit a DNA sample to the Department of Public
  Safety under Subchapter G, Chapter 411, Government Code, for the
  purpose of creating a DNA record of the defendant, unless the
  defendant has already submitted the required sample under other
  state law. (Code Crim. Proc., Art. 42.12, Sec. 11(e).)
         Art. 42A.452.  TREATMENT, SPECIALIZED SUPERVISION, OR
  REHABILITATION. A judge who grants community supervision to a sex
  offender evaluated under Article 42A.258 may require the sex
  offender as a condition of community supervision to submit to
  treatment, specialized supervision, or rehabilitation according to
  offense-specific standards of practice adopted by the Council on
  Sex Offender Treatment. On a finding that the defendant is
  financially able to make payment, the judge shall require the
  defendant to pay all or part of the reasonable and necessary costs
  of the treatment, supervision, or rehabilitation.  (Code Crim.
  Proc., Art. 42.12, Sec. 11(i).)
         Art. 42A.453.  CHILD SAFETY ZONE. (a) In this article,
  "playground," "premises," "school," "video arcade facility," and
  "youth center" have the meanings assigned by Section 481.134,
  Health and Safety Code.
         (b)  This article applies to a defendant placed on community
  supervision for an offense under:
               (1)  Section 20.04(a)(4), Penal Code, if the defendant
  committed the offense with the intent to violate or abuse the victim
  sexually;
               (2)  Section 20A.02, Penal Code, if the defendant:
                     (A)  trafficked the victim with the intent or
  knowledge that the victim would engage in sexual conduct, as
  defined by Section 43.25, Penal Code; or
                     (B)  benefited from participating in a venture
  that involved a trafficked victim engaging in sexual conduct, as
  defined by Section 43.25, Penal Code;
               (3)  Section 21.08, 21.11, 22.011, 22.021, or 25.02,
  Penal Code;
               (4)  Section 30.02, Penal Code, punishable under
  Subsection (d) of that section, if the defendant committed the
  offense with the intent to commit a felony listed in Subdivision (1)
  or (3); or
               (5)  Section 43.05(a)(2), 43.25, or 43.26, Penal Code.
         (c)  If a judge grants community supervision to a defendant
  described by Subsection (b) and the judge determines that a child as
  defined by Section 22.011(c), Penal Code, was the victim of the
  offense, the judge shall establish a child safety zone applicable
  to the defendant by requiring as a condition of community
  supervision that the defendant:
               (1)  not:
                     (A)  supervise or participate in any program that:
                           (i)  includes as participants or recipients
  persons who are 17 years of age or younger; and
                           (ii)  regularly provides athletic, civic, or
  cultural activities; or
                     (B)  go in, on, or within 1,000 feet of a premises
  where children commonly gather, including a school, day-care
  facility, playground, public or private youth center, public
  swimming pool, or video arcade facility; and
               (2)  attend psychological counseling sessions for sex
  offenders with an individual or organization that provides sex
  offender treatment or counseling as specified or approved by the
  judge or the defendant's supervision officer.
         (d)  Notwithstanding Subsection (c)(1), a judge is not
  required to impose the conditions described by Subsection (c)(1) if
  the defendant is a student at a primary or secondary school.
         (e)  At any time after the imposition of a condition under
  Subsection (c)(1), the defendant may request the court to modify
  the child safety zone applicable to the defendant because the zone
  as created by the court:
               (1)  interferes with the defendant's ability to attend
  school or hold a job and consequently constitutes an undue hardship
  for the defendant; or
               (2)  is broader than is necessary to protect the
  public, given the nature and circumstances of the offense.
         (f)  A supervision officer for a defendant described by
  Subsection (b) may permit the defendant to enter on an
  event-by-event basis into the child safety zone from which the
  defendant is otherwise prohibited from entering if:
               (1)  the defendant has served at least two years of the
  period of community supervision;
               (2)  the defendant enters the zone as part of a program
  to reunite with the defendant's family;
               (3)  the defendant presents to the supervision officer
  a written proposal specifying where the defendant intends to go
  within the zone, why and with whom the defendant is going, and how
  the defendant intends to cope with any stressful situations that
  occur;
               (4)  the sex offender treatment provider treating the
  defendant agrees with the supervision officer that the defendant
  should be allowed to attend the event; and
               (5)  the supervision officer and the treatment provider
  agree on a chaperon to accompany the defendant and the chaperon
  agrees to perform that duty.
         (g)  Article 42A.051(b) does not prohibit a supervision
  officer from modifying a condition of community supervision by
  permitting a defendant to enter a child safety zone under
  Subsection (f).
         (h)  Notwithstanding Subsection (c)(1)(B), a requirement
  that a defendant not go in, on, or within 1,000 feet of certain
  premises does not apply to a defendant while the defendant is in or
  going immediately to or from a:
               (1)  community supervision and corrections department
  office;
               (2)  premises at which the defendant is participating
  in a program or activity required as a condition of community
  supervision;
               (3)  residential facility in which the defendant is
  required to reside as a condition of community supervision, if the
  facility was in operation as a residence for defendants on
  community supervision on June 1, 2003; or
               (4)  private residence at which the defendant is
  required to reside as a condition of community supervision.
         (i)  A supervision officer who under Subsection (c)(2)
  specifies a sex offender treatment provider to provide counseling
  to a defendant shall:
               (1)  contact the provider before the defendant is
  released;
               (2)  establish the date, time, and place of the first
  session between the defendant and the provider; and
               (3)  request the provider to immediately notify the
  supervision officer if the defendant fails to attend the first
  session or any subsequent scheduled session.  (Code Crim. Proc.,
  Art. 42.12, Sec. 13B.)
         Art. 42A.454.  CERTAIN INTERNET ACTIVITY PROHIBITED. (a)
  This article applies only to a defendant who is required to register
  as a sex offender under Chapter 62, by court order or otherwise,
  and:
               (1)  is convicted of or receives a grant of deferred
  adjudication community supervision for a violation of Section
  21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal
  Code;
               (2)  used the Internet or any other type of electronic
  device used for Internet access to commit the offense or engage in
  the conduct for which the person is required to register under
  Chapter 62; or
               (3)  is assigned a numeric risk level of three based on
  an assessment conducted under Article 62.007.
         (b)  If the court grants community supervision to a defendant
  described by Subsection (a), the court as a condition of community
  supervision shall prohibit the defendant from using the Internet
  to:
               (1)  access material that is obscene, as defined by
  Section 43.21, Penal Code;
               (2)  access a commercial social networking site, as
  defined by Article 62.0061(f);
               (3)  communicate with any individual concerning sexual
  relations with an individual who is younger than 17 years of age; or
               (4)  communicate with another individual the defendant
  knows is younger than 17 years of age.
         (c)  The court may modify at any time the condition described
  by Subsection (b)(4) if:
               (1)  the condition interferes with the defendant's
  ability to attend school or become or remain employed and
  consequently constitutes an undue hardship for the defendant; or
               (2)  the defendant is the parent or guardian of an
  individual who is younger than 17 years of age and the defendant is
  not otherwise prohibited from communicating with that individual.
  (Code Crim. Proc., Art. 42.12, Sec. 13G.)
         Art. 42A.455.  PAYMENT TO CHILDREN'S ADVOCACY CENTER. A
  judge who grants community supervision to a defendant charged with
  or convicted of an offense under Section 21.11 or 22.011(a)(2),
  Penal Code, may require the defendant to make one payment in an
  amount not to exceed $50 to a children's advocacy center
  established under Subchapter E, Chapter 264, Family Code.  (Code
  Crim. Proc., Art. 42.12, Sec. 11(g).)
  SUBCHAPTER K. CONDITIONS APPLICABLE TO CERTAIN OTHER OFFENSES AND
  OFFENDERS
         Art. 42A.501.  COMMUNITY SUPERVISION FOR OFFENSE COMMITTED
  BECAUSE OF BIAS OR PREJUDICE. (a) A court granting community
  supervision to a defendant convicted of an offense for which the
  court has made an affirmative finding under Article 42.014 shall
  require as a term of community supervision that the defendant:
               (1)  serve a term of not more than one year imprisonment
  in the Texas Department of Criminal Justice if the offense is a
  felony other than an offense under Section 19.02, Penal Code; or
               (2)  serve a term of not more than 90 days confinement
  in jail if the offense is a misdemeanor.
         (b)  The court may not grant community supervision on its own
  motion or on the recommendation of the jury to a defendant convicted
  of an offense for which the court has made an affirmative finding
  under Article 42.014 if:
               (1)  the offense for which the court has made the
  affirmative finding is an offense under Section 19.02, Penal Code;
  or
               (2)  the defendant has been previously convicted of an
  offense for which the court made an affirmative finding under
  Article 42.014.  (Code Crim. Proc., Art. 42.12, Sec. 13A.)
         Art. 42A.502.  COMMUNITY SUPERVISION FOR CERTAIN VIOLENT
  OFFENSES; CHILD SAFETY ZONE. (a)  In this article, "playground,"
  "premises," "school," "video arcade facility," and "youth center"
  have the meanings assigned by Section 481.134, Health and Safety
  Code.
         (b)  A judge granting community supervision to a defendant
  convicted of an offense listed in Article 42A.054(a) or for which
  the judgment contains an affirmative finding under Article
  42A.054(c) or (d) may establish a child safety zone applicable to
  the defendant, if the nature of the offense for which the defendant
  is convicted warrants the establishment of a child safety zone, by
  requiring as a condition of community supervision that the
  defendant not:
               (1)  supervise or participate in any program that:
                     (A)  includes as participants or recipients
  persons who are 17 years of age or younger; and
                     (B)  regularly provides athletic, civic, or
  cultural activities; or
               (2)  go in or on, or within a distance specified by the
  judge of, a premises where children commonly gather, including a
  school, day-care facility, playground, public or private youth
  center, public swimming pool, or video arcade facility.
         (c)  At any time after the imposition of a condition under
  Subsection (b), the defendant may request the judge to modify the
  child safety zone applicable to the defendant because the zone as
  created by the judge:
               (1)  interferes with the defendant's ability to attend
  school or hold a job and consequently constitutes an undue hardship
  for the defendant; or
               (2)  is broader than is necessary to protect the
  public, given the nature and circumstances of the offense.
         (d)  This article does not apply to a defendant described by
  Article 42A.453.  (Code Crim. Proc., Art. 42.12, Sec. 13D.)
         Art. 42A.503.  COMMUNITY SUPERVISION FOR CERTAIN CHILD ABUSE
  OFFENSES; PROHIBITED CONTACT WITH VICTIM. (a) If the court grants
  community supervision to a defendant convicted of an offense
  described by Article 17.41(a), the court may require as a condition
  of community supervision that the defendant not:
               (1)  directly communicate with the victim of the
  offense; or
               (2)  go near a residence, school, or other location, as
  specifically described in the copy of terms and conditions, that is
  frequented by the victim.
         (b)  In imposing the condition under Subsection (a), the
  court may grant the defendant supervised access to the victim.
         (c)  To the extent that a condition imposed under this
  article conflicts with an existing court order granting possession
  of or access to a child, the condition imposed under this article
  prevails for a period specified by the court granting community
  supervision, not to exceed 90 days.  (Code Crim. Proc., Art. 42.12,
  Sec. 14(a), as amended Acts 73rd Leg., R.S., Ch. 165 (H.B. 119),
  Acts 76th Leg., R.S., Ch. 910 (H.B. 2187), Acts 78th Leg., R.S., Ch.
  353 (S.B. 1054), Acts 80th Leg., R.S., Ch. 113 (S.B. 44).)
         Art. 42A.504.  COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
  INVOLVING FAMILY VIOLENCE; SPECIAL CONDITIONS. (a) In this
  article:
               (1)  "Family violence" has the meaning assigned by
  Section 71.004, Family Code.
               (2)  "Family violence center" has the meaning assigned
  by Section 51.002, Human Resources Code.
         (b)  If a judge grants community supervision to a defendant
  convicted of an offense under Title 5, Penal Code, that the court
  determines involves family violence, the judge shall require the
  defendant to pay $100 to a family violence center that:
               (1)  receives state or federal funds; and
               (2)  serves the county in which the court is located.
         (c)  If the court grants community supervision to a defendant
  convicted of an offense involving family violence, the court may
  require the defendant, at the direction of the supervision officer,
  to:
               (1)  attend a battering intervention and prevention
  program or counsel with a provider of battering intervention and
  prevention services if the program or provider has been accredited
  under Section 4A, Article 42.141, as conforming to program
  guidelines under that article; or
               (2)  if the referral option under Subdivision (1) is
  not available, attend counseling sessions for the elimination of
  violent behavior with a licensed counselor, social worker, or other
  professional who has completed family violence intervention
  training that the community justice assistance division of the
  Texas Department of Criminal Justice has approved, after
  consultation with the licensing authorities described by Chapters
  152, 501, 502, 503, and 505, Occupations Code, and experts in the
  field of family violence.
         (d)  If the court requires the defendant to attend counseling
  or a program, the court shall require the defendant to begin
  attendance not later than the 60th day after the date the court
  grants community supervision, notify the supervision officer of the
  name, address, and phone number of the counselor or program, and
  report the defendant's attendance to the supervision officer.  The
  court shall require the defendant to pay all the reasonable costs of
  the counseling sessions or attendance in the program on a finding
  that the defendant is financially able to make payment.  If the
  court finds the defendant is unable to make payment, the court shall
  make the counseling sessions or enrollment in the program available
  without cost to the defendant.  The court may also require the
  defendant to pay all or a part of the reasonable costs incurred by
  the victim for counseling made necessary by the offense, on a
  finding that the defendant is financially able to make payment.  The
  court may order the defendant to make payments under this
  subsection for a period not to exceed one year after the date on
  which the order is entered. (Code Crim. Proc., Art. 42.12, Sec.
  11(h); Secs. 14(c), (c-1), (c-2), as amended Acts 73rd Leg., R.S.,
  Ch. 165 (H.B. 119), Acts 76th Leg., R.S., Ch. 910 (H.B. 2187), Acts
  78th Leg., R.S., Ch. 353 (S.B. 1054), Acts 80th Leg., R.S., Ch. 113
  (S.B. 44).)
         Art. 42A.505.  COMMUNITY SUPERVISION FOR STALKING OFFENSE;
  PROHIBITED CONTACT WITH VICTIM. (a) If the court grants community
  supervision to a defendant convicted of an offense under Section
  42.072, Penal Code, the court may require as a condition of
  community supervision that the defendant not:
               (1)  communicate directly or indirectly with the
  victim; or
               (2)  go to or near:
                     (A)  the residence, place of employment, or
  business of the victim; or
                     (B)  a school, day-care facility, or similar
  facility where a dependent child of the victim is in attendance.
         (b)  If the court requires the prohibition contained in
  Subsection (a)(2) as a condition of community supervision, the
  court shall specifically describe the prohibited locations and the
  minimum distances, if any, that the defendant must maintain from
  the locations. (Code Crim. Proc., Art. 42.12, Sec. 11(l).)
         Art. 42A.506.  COMMUNITY SUPERVISION FOR DEFENDANT WITH
  MENTAL IMPAIRMENT.  If the judge places a defendant on community
  supervision and the defendant is determined to be a person with
  mental illness or a person with an intellectual disability, as
  provided by Article 16.22 or Chapter 46B or in a psychological
  evaluation conducted under Article 42A.253(a)(6), the judge may
  require the defendant as a condition of community supervision to
  submit to outpatient or inpatient mental health or intellectual
  disability treatment if:
               (1)  the defendant's:
                     (A)  mental impairment is chronic in nature; or
                     (B)  ability to function independently will
  continue to deteriorate if the defendant does not receive mental
  health or intellectual disability services; and
               (2)  the judge determines, in consultation with a local
  mental health or intellectual disability services provider, that
  mental health or intellectual disability services, as appropriate,
  are available for the defendant through:
                     (A)  the Department of State Health Services or
  the Department of Aging and Disability Services under Section
  534.053, Health and Safety Code; or
                     (B)  another mental health or intellectual
  disability services provider. (Code Crim. Proc., Art. 42.12, Sec.
  11(d).)
         Art. 42A.507.  COMMUNITY SUPERVISION FOR CERTAIN DEFENDANTS
  IDENTIFIED AS MEMBERS OF CRIMINAL STREET GANGS; ELECTRONIC
  MONITORING. (a) This article applies only to a defendant who:
               (1)  is identified as a member of a criminal street gang
  in an intelligence database established under Chapter 61; and
               (2)  has two or more times been previously convicted
  of, or received a grant of deferred adjudication community
  supervision or another functionally equivalent form of community
  supervision or probation for, a felony offense under the laws of
  this state, another state, or the United States.
         (b)  A court granting community supervision to a defendant
  described by Subsection (a) may, on the defendant's conviction of a
  felony offense, require as a condition of community supervision
  that the defendant submit to tracking under an electronic
  monitoring service or other appropriate technological service
  designed to track a person's location. (Code Crim. Proc., Art.
  42.12, Sec. 13E.)
         Art. 42A.508.  COMMUNITY SUPERVISION FOR CERTAIN ORGANIZED
  CRIME OFFENSES; RESTRICTIONS ON OPERATION OF MOTOR VEHICLE.  A
  court granting community supervision to a defendant convicted of an
  offense under Chapter 71, Penal Code, may impose as a condition of
  community supervision restrictions on the defendant's operation of
  a motor vehicle, including specifying:
               (1)  hours during which the defendant may not operate a
  motor vehicle; and
               (2)  locations at or in which the defendant may not
  operate a motor vehicle. (Code Crim. Proc., Art. 42.12, Sec. 13F.)
         Art. 42A.509.  COMMUNITY SUPERVISION FOR GRAFFITI OFFENSE.  
  A court granting community supervision to a defendant convicted of
  an offense under Section 28.08, Penal Code, shall require as a
  condition of community supervision that the defendant perform:
               (1)  at least 15 hours of community service if the
  amount of pecuniary loss resulting from the commission of the
  offense is $50 or more but less than $500; or
               (2)  at least 30 hours of community service if the
  amount of pecuniary loss resulting from the commission of the
  offense is $500 or more. (Code Crim. Proc., Art. 42.12, Sec.
  11(k).)
         Art. 42A.510.  COMMUNITY SUPERVISION FOR ENHANCED
  DISORDERLY CONDUCT OFFENSE.  (a)  On conviction of an offense
  punishable as a Class C misdemeanor under Section 42.01, Penal
  Code, for which punishment is enhanced under Section 12.43(c),
  Penal Code, based on previous convictions under Section 42.01 or
  49.02, Penal Code, the court may suspend the imposition of the
  sentence and place the defendant on community supervision if the
  court finds that the defendant would benefit from community
  supervision and enters its finding on the record. The judge may
  suspend in whole or in part the imposition of any fine imposed on
  conviction.
         (b)  All provisions of this chapter applying to a defendant
  placed on community supervision for a misdemeanor apply to a
  defendant placed on community supervision under this article,
  except that the court shall require the defendant as a condition of
  community supervision to:
               (1)  submit to diagnostic testing for addiction to
  alcohol or a controlled substance or drug;
               (2)  submit to a psychological assessment;
               (3)  if indicated as necessary by testing and
  assessment, participate in an alcohol or drug abuse treatment or
  education program; and
               (4)  pay the costs of testing, assessment, and
  treatment or education, either directly or as a court cost. (Code
  Crim. Proc., Art. 42.12, Sec. 15A.)
         Art. 42A.511.  COMMUNITY SUPERVISION FOR CERTAIN OFFENSES
  INVOLVING ANIMALS.  If a judge grants community supervision to a
  defendant convicted of an offense under Section 42.09, 42.091,
  42.092, or 42.10, Penal Code, the judge may require the defendant to
  attend a responsible pet owner course sponsored by a municipal
  animal shelter, as defined by Section 823.001, Health and Safety
  Code, that:
               (1)  receives federal, state, county, or municipal
  funds; and
               (2)  serves the county in which the court is located.
  (Code Crim. Proc., Art. 42.12, Sec. 11(m).)
         Art. 42A.512.  COMMUNITY SUPERVISION FOR ELECTRONIC
  TRANSMISSION OF CERTAIN VISUAL MATERIAL. (a)  In this article,
  "parent" means a natural or adoptive parent, managing or possessory
  conservator, or legal guardian.  The term does not include a parent
  whose parental rights have been terminated.
         (b)  If a judge grants community supervision to a defendant
  who is convicted of or charged with an offense under Section 43.261,
  Penal Code, the judge may require as a condition of community
  supervision that the defendant attend and successfully complete an
  educational program described by Section 37.218, Education Code, or
  another equivalent educational program.
         (c)  The court shall require the defendant or the defendant's
  parent to pay the cost of attending an educational program under
  Subsection (b) if the court determines that the defendant or the
  defendant's parent is financially able to make payment. (Code
  Crim. Proc., Art. 42.12, Sec. 13H.)
         Art. 42A.513.  COMMUNITY SUPERVISION FOR MAKING FIREARM
  ACCESSIBLE TO CHILD. (a) A court granting community supervision to
  a defendant convicted of an offense under Section 46.13, Penal
  Code, may require as a condition of community supervision that the
  defendant:
               (1)  provide an appropriate public service activity
  designated by the court; or
               (2)  attend a firearms safety course that meets or
  exceeds the requirements set by the National Rifle Association as
  of January 1, 1995, for a firearms safety course that requires not
  more than 17 hours of instruction.
         (b)  The court shall require the defendant to pay the cost of
  attending the firearms safety course under Subsection (a)(2).  
  (Code Crim. Proc., Art. 42.12, Sec. 13C.)
  SUBCHAPTER L. STATE JAIL FELONY COMMUNITY SUPERVISION
         Art. 42A.551.  PLACEMENT ON COMMUNITY SUPERVISION;
  EXECUTION OF SENTENCE. (a)  Except as otherwise provided by
  Subsection (b) or (c), on conviction of a state jail felony under
  Section 481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),
  481.121(b)(3), or 481.129(g)(1), Health and Safety Code, that is
  punished under Section 12.35(a), Penal Code, the judge shall
  suspend the imposition of the sentence and place the defendant on
  community supervision.
         (b)  If the defendant has been previously convicted of a
  felony, other than a felony punished under Section 12.44(a), Penal
  Code, or if the conviction resulted from an adjudication of the
  guilt of a defendant previously placed on deferred adjudication
  community supervision for the offense, the judge may:
               (1)  suspend the imposition of the sentence and place
  the defendant on community supervision; or
               (2)  order the sentence to be executed.
         (c)  Subsection (a) does not apply to a defendant who:
               (1)  under Section 481.1151(b)(1), Health and Safety
  Code, possessed more than five abuse units of the controlled
  substance;
               (2)  under Section 481.1161(b)(3), Health and Safety
  Code, possessed more than one pound, by aggregate weight, including
  adulterants or dilutants, of the controlled substance; or
               (3)  under Section 481.121(b)(3), Health and Safety
  Code, possessed more than one pound of marihuana.
         (d)  On conviction of a state jail felony punished under
  Section 12.35(a), Penal Code, other than a state jail felony listed
  in Subsection (a), subject to Subsection (e), the judge may:
               (1)  suspend the imposition of the sentence and place
  the defendant on community supervision; or
               (2)  order the sentence to be executed:
                     (A)  in whole; or
                     (B)  in part, with a period of community
  supervision to begin immediately on release of the defendant from
  confinement.
         (e)  In any case in which the jury assesses punishment, the
  judge must follow the recommendations of the jury in suspending the
  imposition of a sentence or ordering a sentence to be executed. If
  a jury assessing punishment does not recommend community
  supervision, the judge must order the sentence to be executed in
  whole.
         (f)  A defendant is considered to be finally convicted if the
  judge orders the sentence to be executed under Subsection (d)(2),
  regardless of whether the judge orders the sentence to be executed
  in whole or only in part.
         (g)  The judge may suspend in whole or in part the imposition
  of any fine imposed on conviction.  (Code Crim. Proc., Art. 42.12,
  Sec. 15(a).)
         Art. 42A.552.  REVIEW OF PRESENTENCE REPORT.  Before
  imposing a sentence in a state jail felony case in which the judge
  assesses punishment, the judge shall:
               (1)  review the presentence report prepared for the
  defendant under Subchapter F; and
               (2)  determine whether the best interests of justice
  require the judge to:
                     (A)  suspend the imposition of the sentence and
  place the defendant on community supervision; or
                     (B)  order the sentence to be executed in whole or
  in part as provided by Article 42A.551(d).  (Code Crim. Proc., Art.
  42.12, Sec. 15(c)(1) (part).)
         Art. 42A.553.  MINIMUM AND MAXIMUM PERIODS OF COMMUNITY
  SUPERVISION; EXTENSION. (a)  The minimum period of community
  supervision a judge may impose under this subchapter is two years.
  The maximum period of community supervision a judge may impose
  under this subchapter is five years, except that the judge may
  extend the maximum period of community supervision under this
  subchapter to not more than 10 years.
         (b)  A judge may extend a period of community supervision
  under this subchapter:
               (1)  at any time during the period of community
  supervision; or
               (2)  before the first anniversary of the date the
  period of community supervision ends, if a motion for revocation of
  community supervision is filed before the date the period of
  community supervision ends.  (Code Crim. Proc., Art. 42.12, Sec.
  15(b).)
         Art. 42A.554.  CONDITIONS OF COMMUNITY SUPERVISION.  (a)  A
  judge assessing punishment in a state jail felony case may impose
  any condition of community supervision on the defendant that the
  judge could impose on a defendant placed on supervision for an
  offense other than a state jail felony.
         (b)  If the judge suspends the execution of the sentence or
  orders the execution of the sentence only in part as provided by
  Article 42A.551(d), the judge shall impose conditions of community
  supervision consistent with the recommendations contained in the
  presentence report prepared for the defendant under Subchapter F.
         (c)  Except as otherwise provided by this subsection, a judge
  who places a defendant on community supervision for an offense
  listed in Article 42A.551(a) shall require the defendant to comply
  with substance abuse treatment conditions that are consistent with
  standards adopted by the Texas Board of Criminal Justice under
  Section 509.015, Government Code.  A judge is not required to impose
  the substance abuse treatment conditions if the judge makes an
  affirmative finding that the defendant does not require imposition
  of the conditions to successfully complete the period of community
  supervision.  (Code Crim. Proc., Art. 42.12, Secs. 15(c)(1) (part),
  (2), (3).)
         Art. 42A.555.  CONFINEMENT AS A CONDITION OF COMMUNITY
  SUPERVISION.  (a)  A judge assessing punishment in a state jail
  felony case may impose as a condition of community supervision that
  a defendant submit at the beginning of the period of community
  supervision to a term of confinement in a state jail felony facility
  for a term of:
               (1)  not less than 90 days or more than 180 days; or
               (2)  not less than 90 days or more than one year, if the
  defendant is convicted of an offense punishable as a state jail
  felony under Section 481.112, 481.1121, 481.113, or 481.120, Health
  and Safety Code.
         (b)  A judge may not require a defendant to submit to both the
  term of confinement authorized by this article and a term of
  confinement under Subchapter C or Article 42A.302.  (Code Crim.
  Proc., Art. 42.12, Secs. 15(c)(1) (part), (d) (part).)
         Art. 42A.556.  SANCTIONS IMPOSED ON MODIFICATION OF
  COMMUNITY SUPERVISION.  If in a state jail felony case a defendant
  violates a condition of community supervision imposed under this
  chapter and after a hearing under Article 42A.751(d) the judge
  modifies the defendant's community supervision, the judge may
  impose any sanction permitted by Article 42A.752, except that if
  the judge requires a defendant to serve a term of confinement in a
  state jail felony facility as a modification of the defendant's
  community supervision, the minimum term of confinement is 90 days
  and the maximum term of confinement is 180 days.  (Code Crim. Proc.,
  Art. 42.12, Sec. 15(e).)
         Art. 42A.557.  REPORT BY DIRECTOR OF FACILITY.  The facility
  director of a state jail felony facility shall report to a judge who
  orders a defendant confined in the facility as a condition of
  community supervision or as a sanction imposed on a modification of
  community supervision under Article 42A.556 not less than every 90
  days on the defendant's programmatic progress, conduct, and
  conformity to the rules of the facility.  (Code Crim. Proc., Art.
  42.12, Sec. 15(g).)
         Art. 42A.558.  REVOCATION; OPTIONS REGARDING EXECUTION OF
  SENTENCE.  (a)  If in a state jail felony case a defendant violates a
  condition of community supervision imposed under this chapter and
  after a hearing under Article 42A.751(d) the judge revokes the
  defendant's community supervision, the judge shall dispose of the
  case in the manner provided by Article 42A.755.
         (b)  The court retains jurisdiction over the defendant for
  the period during which the defendant is confined in a state jail
  felony facility. At any time after the 75th day after the date the
  defendant is received into the custody of a state jail felony
  facility, the judge on the judge's own motion, on the motion of the
  attorney representing the state, or on the motion of the defendant
  may suspend further execution of the sentence and place the
  defendant on community supervision under the conditions of this
  subchapter.
         (c)  When the defendant or the attorney representing the
  state files a written motion requesting the judge to suspend
  further execution of the sentence and place the defendant on
  community supervision, the clerk of the court, if requested to do so
  by the judge, shall request a copy of the defendant's record while
  confined from the facility director of the state jail felony
  facility in which the defendant is confined or, if the defendant is
  confined in county jail, from the sheriff. On receipt of the
  request, the facility director or the sheriff shall forward a copy
  of the record to the judge as soon as possible.
         (d)  When the defendant files a written motion requesting the
  judge to suspend further execution of the sentence and place the
  defendant on community supervision, the defendant shall
  immediately deliver or cause to be delivered a copy of the motion to
  the office of the attorney representing the state. The judge may
  deny the motion without holding a hearing but may not grant the
  motion without holding a hearing and providing the attorney
  representing the state and the defendant the opportunity to present
  evidence on the motion.  (Code Crim. Proc., Art. 42.12, Sec. 15(f).)
         Art. 42A.559.  CREDITS FOR TIME SERVED.  (a)  For purposes of
  this article, "diligent participation" includes:
               (1)  successful completion of an educational,
  vocational, or treatment program;
               (2)  progress toward successful completion of an
  educational, vocational, or treatment program that was interrupted
  by illness, injury, or another circumstance outside the control of
  the defendant; and
               (3)  active involvement in a work program.
         (b)  A defendant confined in a state jail felony facility
  does not earn good conduct time for time served in the facility but
  may be awarded diligent participation credit in accordance with
  Subsection (f).
         (c)  A judge:
               (1)  may credit against any time a defendant is
  required to serve in a state jail felony facility time served in a
  county jail from the time of the defendant's arrest and confinement
  until sentencing by the trial court; and
               (2)  shall credit against any time a defendant is
  required to serve in a state jail felony facility time served before
  sentencing in a substance abuse felony punishment facility operated
  by the Texas Department of Criminal Justice under Section 493.009,
  Government Code, or other court-ordered residential program or
  facility as a condition of deferred adjudication community
  supervision, but only if the defendant successfully completes the
  treatment program in that facility.
         (d)  A judge shall credit against any time a defendant is
  subsequently required to serve in a state jail felony facility
  after revocation of community supervision time served after
  sentencing:
               (1)  in a state jail felony facility; or
               (2)  in a substance abuse felony punishment facility
  operated by the Texas Department of Criminal Justice under Section
  493.009, Government Code, or other court-ordered residential
  program or facility if the defendant successfully completes the
  treatment program in that facility.
         (e)  For a defendant who has participated in an educational,
  vocational, treatment, or work program while confined in a state
  jail felony facility, not later than the 30th day before the date on
  which the defendant will have served 80 percent of the defendant's
  sentence, the Texas Department of Criminal Justice shall report to
  the sentencing court the number of days during which the defendant
  diligently participated in any educational, vocational, treatment,
  or work program.  The contents of a report submitted under this
  subsection are not subject to challenge by a defendant.
         (f)  A judge, based on the report received under Subsection
  (e), may credit against any time a defendant is required to serve in
  a state jail felony facility additional time for each day the
  defendant actually served in the facility while diligently
  participating in an educational, vocational, treatment, or work
  program.  A time credit under this subsection may not exceed
  one-fifth of the amount of time the defendant is originally
  required to serve in the facility.  A defendant may not be awarded a
  time credit under this subsection for any period during which the
  defendant is subject to disciplinary action.  A time credit under
  this subsection is a privilege and not a right.  (Code Crim. Proc.,
  Art. 42.12, Sec. 15(h).)
         Art. 42A.560.  MEDICAL RELEASE. (a)  If a defendant is
  convicted of a state jail felony and the sentence is executed, the
  judge sentencing the defendant may release the defendant to a
  medically suitable placement if the judge determines that the
  defendant does not constitute a threat to public safety and the
  Texas Correctional Office on Offenders with Medical or Mental
  Impairments:
               (1)  in coordination with the Correctional Managed
  Health Care Committee, prepares a case summary and medical report
  that identifies the defendant as:
                     (A)  being a person who is elderly or terminally
  ill or a person with a physical disability;
                     (B)  being a person with mental illness or an
  intellectual disability; or
                     (C)  having a condition requiring long-term care;
  and
               (2)  in cooperation with the community supervision and
  corrections department serving the sentencing court, prepares for
  the defendant a medically recommended intensive supervision and
  continuity of care plan that:
                     (A)  ensures appropriate supervision of the
  defendant by the community supervision and corrections department;
  and
                     (B)  requires the defendant to remain under the
  care of a physician at and reside in a medically suitable placement.
         (b)  The Texas Correctional Office on Offenders with Medical
  or Mental Impairments shall submit to a judge who releases a
  defendant to an appropriate medical care facility under Subsection
  (a) a quarterly status report concerning the defendant's medical
  and treatment status.
         (c)  If a defendant released to a medically suitable
  placement under Subsection (a) violates the terms of that release,
  the judge may dispose of the matter as provided by Articles 42A.556
  and 42A.558(a). (Code Crim. Proc., Art. 42.12, Secs. 15(i), as
  added Acts 80th Leg., R.S., Ch. 1308, (j), as added Acts 80th Leg.,
  R.S., Ch. 1308, (k).)
         Art. 42A.561.  MEDICAL RELEASE.  (a)  If a defendant is
  convicted of a state jail felony and the sentence is executed, the
  judge sentencing the defendant may release the defendant to a
  medical care facility or medical treatment program if the Texas
  Correctional Office on Offenders with Medical or Mental
  Impairments:
               (1)  identifies the defendant as:
                     (A)  being a person who is elderly or terminally
  ill or a person with a physical disability;
                     (B)  being a person with mental illness or an
  intellectual disability; or
                     (C)  having a condition requiring long-term care;
  and
               (2)  in cooperation with the community supervision and
  corrections department serving the sentencing court, prepares for
  the defendant a medically recommended intensive supervision plan
  that:
                     (A)  ensures appropriate supervision of the
  defendant; and
                     (B)  requires the defendant to remain under the
  care of a physician at the facility or in the program.
         (b)  If a defendant released to a medical care facility or
  medical treatment program under Subsection (a) violates the terms
  of that release, the judge may dispose of the matter as provided by
  Articles 42A.556 and 42A.558(a).  (Code Crim. Proc., Art. 42.12,
  Secs. 15(i), as added Acts 80th Leg., R.S., Ch. 617, (j), as added
  Acts 80th Leg., R.S., Ch. 617.)
  SUBCHAPTER M. COMMUNITY CORRECTIONS FACILITIES
         Art. 42A.601.  DEFINITION. In this subchapter, "community
  corrections facility" has the meaning assigned by Section 509.001,
  Government Code. (Code Crim. Proc., Art. 42.12, Sec. 18(a).)
         Art. 42A.602.  MAXIMUM TERM OR TERMS OF CONFINEMENT. (a) If
  a judge requires as a condition of community supervision or
  participation in a drug court program established under Chapter
  123, Government Code, or former law that the defendant serve a term
  of confinement in a community corrections facility, the term may
  not exceed 24 months.
         (b)  A judge who requires as a condition of community
  supervision that the defendant serve a term of confinement in a
  community corrections facility may not impose a subsequent term of
  confinement in a community corrections facility or jail during the
  same supervision period that, if added to the terms previously
  imposed, exceeds 36 months. (Code Crim. Proc., Art. 42.12, Secs.
  18(b), (h).)
         Art. 42A.603.  EFFECT OF REVOCATION ON CREDIT FOR TIME SPENT
  IN FACILITY. A defendant granted community supervision under this
  chapter and required as a condition of community supervision to
  serve a term of confinement under this subchapter may not earn good
  conduct credit for time spent in a community corrections facility
  or apply time spent in the facility toward completion of a prison
  sentence if the community supervision is revoked. (Code Crim.
  Proc., Art. 42.12, Sec. 18(c).)
         Art. 42A.604.  EVALUATION OF DEFENDANT'S BEHAVIOR AND
  ATTITUDE. (a) As directed by the judge, the community corrections
  facility director shall file with the community supervision and
  corrections department director or administrator of a drug court
  program, as applicable, a copy of an evaluation made by the facility
  director of the defendant's behavior and attitude at the facility.
  The community supervision and corrections department director or
  program administrator shall examine the evaluation, make written
  comments on the evaluation that the director or administrator
  considers relevant, and file the evaluation and comments with the
  judge who granted community supervision to the defendant or placed
  the defendant in a drug court program. If the evaluation indicates
  that the defendant has made significant progress toward compliance
  with court-ordered conditions of community supervision or
  objectives of placement in the drug court program, as applicable,
  the judge may release the defendant from the community corrections
  facility.  A defendant who served a term in the facility as a
  condition of community supervision shall serve the remainder of the
  defendant's community supervision under any terms and conditions
  the court imposes under this chapter.
         (b)  Not later than 18 months after the date on which a
  defendant is granted community supervision under this chapter and
  required as a condition of community supervision to serve a term of
  confinement under this subchapter, the community corrections
  facility director shall file with the community supervision and
  corrections department director a copy of an evaluation made by the
  facility director of the defendant's behavior and attitude at the
  facility. The community supervision and corrections department
  director shall examine the evaluation, make written comments on the
  evaluation that the director considers relevant, and file the
  evaluation and comments with the judge who granted community
  supervision to the defendant. If the report indicates that the
  defendant has made significant progress toward court-ordered
  conditions of community supervision, the judge shall modify the
  judge's sentence and release the defendant in the same manner as
  provided by Subsection (a). If the report indicates that the
  defendant would benefit from continued participation in the
  community corrections facility program, the judge may order the
  defendant to remain at the community corrections facility for a
  period determined by the judge. If the report indicates that the
  defendant has not made significant progress toward rehabilitation,
  the judge may revoke community supervision and order the defendant
  to serve the term of confinement specified in the defendant's
  sentence. (Code Crim. Proc., Art. 42.12, Secs. 18(d), (e).)
         Art. 42A.605.  PLACEMENT IN COMMUNITY SERVICE PROJECT. If
  ordered by the judge who placed the defendant on community
  supervision, a community corrections facility director shall
  attempt to place a defendant as a worker in a community service
  project of a type described by Article 42A.304. (Code Crim. Proc.,
  Art. 42.12, Sec. 18(f).)
         Art. 42A.606.  CONFINEMENT REQUIRED; EXCEPTIONS. A
  defendant participating in a program under this subchapter must be
  confined in the community corrections facility at all times except
  for time spent:
               (1)  attending and traveling to and from:
                     (A)  an education or rehabilitation program as
  ordered by the court; or
                     (B)  a community service project;
               (2)  away from the facility for purposes described by
  this subchapter; and
               (3)  traveling to and from work, if applicable. (Code
  Crim. Proc., Art. 42.12, Sec. 18(g).)
         Art. 42A.607.  DISPOSITION OF SALARY. If a defendant who is
  required as a condition of community supervision to serve a term of
  confinement under this subchapter is not required by the judge to
  deliver the defendant's salary to the restitution center director,
  the employer of the defendant shall deliver the salary to the
  director.  The director shall deposit the salary into a fund to be
  given to the defendant on release after the director deducts:
               (1)  the cost to the center for the defendant's food,
  housing, and supervision;
               (2)  the necessary expense for the defendant's travel
  to and from work and community service projects, and other
  incidental expenses of the defendant;
               (3)  support of the defendant's dependents; and
               (4)  restitution to the victims of an offense committed
  by the defendant. (Code Crim. Proc., Art. 42.12, Sec. 18(i).)
  SUBCHAPTER N. PAYMENTS; FEES
         Art. 42A.651.  PAYMENT AS CONDITION OF COMMUNITY
  SUPERVISION.  (a)  A judge may not order a defendant to make a
  payment as a term or condition of community supervision, except
  for:
               (1)  the payment of fines, court costs, or restitution
  to the victim; or
               (2)  a payment ordered as a condition that relates
  personally to the rehabilitation of the defendant or that is
  otherwise expressly authorized by law.
         (b)  A defendant's obligation to pay a fine or court cost as
  ordered by a judge is independent of any requirement to pay the fine
  or court cost as a condition of the defendant's community
  supervision.  A defendant remains obligated to pay any unpaid fine
  or court cost after the expiration of the defendant's period of
  community supervision. (Code Crim. Proc., Art. 42.12, Secs. 11(b)
  (part), (b-1).)
         Art. 42A.652.  MONTHLY FEE. (a) Except as otherwise
  provided by this article, a judge who grants community supervision
  to a defendant shall set a fee of not less than $25 and not more than
  $60 to be paid each month during the period of community supervision
  by the defendant to:
               (1)  the court of original jurisdiction; or
               (2)  the court accepting jurisdiction of the
  defendant's case, if jurisdiction is transferred under Article
  42A.151.
         (b)  The judge may make payment of the monthly fee a
  condition of granting or continuing the community supervision. The
  judge may waive or reduce the fee or suspend a monthly payment of
  the fee if the judge determines that payment of the fee would cause
  the defendant a significant financial hardship.
         (c)  A court accepting jurisdiction of a defendant's case
  under Article 42A.151 shall enter an order directing the defendant
  to pay the monthly fee to that court instead of to the court of
  original jurisdiction. To the extent of any conflict between an
  order issued under this subsection and an order issued by a court of
  original jurisdiction, the order entered under this subsection
  prevails.
         (d)  A judge who receives a defendant for supervision as
  authorized by Section 510.017, Government Code, may require the
  defendant to pay the fee authorized by this article.
         (e)  A judge may not require a defendant to pay the fee under
  this article for any month after the period of community
  supervision has been terminated by the judge under Article 42A.701.
         (f)  A judge shall deposit any fee received under this
  article in the special fund of the county treasury, to be used for
  the same purposes for which state aid may be used under Chapter 76,
  Government Code. (Code Crim. Proc., Art. 42.12, Secs. 19(a),
  (a-1), (b), (c) (part), (g).)
         Art. 42A.653.  ADDITIONAL MONTHLY FEE FOR CERTAIN SEX
  OFFENDERS. (a) A judge who grants community supervision to a
  defendant convicted of an offense under Section 21.08, 21.11,
  22.011, 22.021, 25.02, 43.25, or 43.26, Penal Code, shall require
  as a condition of community supervision that the defendant pay to
  the defendant's supervision officer a community supervision fee of
  $5 each month during the period of community supervision.
         (b)  A fee imposed under this article is in addition to court
  costs or any other fee imposed on the defendant.
         (c)  A community supervision and corrections department
  shall deposit a fee collected under this article to be sent to the
  comptroller as provided by Subchapter B, Chapter 133, Local
  Government Code. The comptroller shall deposit the fee in the
  sexual assault program fund under Section 420.008, Government Code.
         (d)  If a community supervision and corrections department
  does not collect a fee imposed under this article, the department is
  not required to file any report required by the comptroller that
  relates to the collection of the fee. (Code Crim. Proc., Art.
  42.12, Secs. 19(e), (f), as amended Acts 78th Leg., R.S., Chs. 209,
  1310.)
         Art. 42A.654.  FEES DUE ON CONVICTION.  For the purpose of
  determining when fees due on conviction are to be paid to any
  officer, the placement of a defendant on community supervision is
  considered a final disposition of the case, without the necessity
  of waiting for the termination of the period of community
  supervision.  (Code Crim. Proc., Art. 42.12, Sec. 19(d).)
         Art. 42A.655.  ABILITY TO PAY. The court shall consider the
  defendant's ability to pay in ordering the defendant to make any
  payments under this chapter. (Code Crim. Proc., Art. 42.12, Sec.
  11(b) (part).)
  SUBCHAPTER O. REDUCTION OR TERMINATION OF COMMUNITY SUPERVISION
  PERIOD
         Art. 42A.701.  REDUCTION OR TERMINATION OF COMMUNITY
  SUPERVISION PERIOD.  (a)  At any time after the defendant has
  satisfactorily completed one-third of the original community
  supervision period or two years of community supervision, whichever
  is less, the judge may reduce or terminate the period of community
  supervision.
         (b)  On completion of one-half of the original community
  supervision period or two years of community supervision, whichever
  is more, the judge shall review the defendant's record and consider
  whether to reduce or terminate the period of community supervision,
  unless the defendant:
               (1)  is delinquent in paying required costs, fines,
  fees, or restitution that the defendant has the ability to pay; or
               (2)  has not completed court-ordered counseling or
  treatment.
         (c)  Before reducing or terminating a period of community
  supervision or conducting a review under this article, the judge
  shall notify the attorney representing the state and the defendant
  or, if the defendant has an attorney, the defendant's attorney.
         (d)  If the judge determines that the defendant has failed to
  satisfactorily fulfill the conditions of community supervision,
  the judge shall advise the defendant in writing of the requirements
  for satisfactorily fulfilling those conditions.
         (e)  On the satisfactory fulfillment of the conditions of
  community supervision and the expiration of the period of community
  supervision, the judge by order shall:
               (1)  amend or modify the original sentence imposed, if
  necessary, to conform to the community supervision period; and
               (2)  discharge the defendant.
         (f)  If the judge discharges the defendant under this
  article, the judge may set aside the verdict or permit the defendant
  to withdraw the defendant's plea.  A judge acting under this
  subsection shall dismiss the accusation, complaint, information,
  or indictment against the defendant.  A defendant who receives a
  discharge and dismissal under this subsection is released from all
  penalties and disabilities resulting from the offense of which the
  defendant has been convicted or to which the defendant has pleaded
  guilty, except that:
               (1)  proof of the conviction or plea of guilty shall be
  made known to the judge if the defendant is convicted of any
  subsequent offense; and
               (2)  if the defendant is an applicant for or the holder
  of a license under Chapter 42, Human Resources Code, the Department
  of Family and Protective Services may consider the fact that the
  defendant previously has received community supervision under this
  chapter in issuing, renewing, denying, or revoking a license under
  Chapter 42, Human Resources Code.
         (g)  This article does not apply to a defendant convicted of:
               (1)  an offense under Sections 49.04-49.08, Penal Code;
               (2)  an offense the conviction of which requires
  registration as a sex offender under Chapter 62; or
               (3)  a felony described by Article 42A.054. (Code
  Crim. Proc., Art. 42.12, Sec. 20.)
         Art. 42A.702.  TIME CREDITS FOR COMPLETION OF CERTAIN
  CONDITIONS OF COMMUNITY SUPERVISION. (a)  This article applies
  only to a defendant who:
               (1)  is granted community supervision, including
  deferred adjudication community supervision, for an offense
  punishable as a state jail felony or a felony of the third degree,
  other than an offense:
                     (A)  included as a "reportable conviction or
  adjudication" under Article 62.001(5);
                     (B)  involving family violence as defined by
  Section 71.004, Family Code;
                     (C)  under Section 20.03 or 28.02, Penal Code; or
                     (D)  under Chapter 49, Penal Code;
               (2)  is not delinquent in paying required costs, fines,
  or fees; and
               (3)  has fully satisfied any order to pay restitution
  to a victim.
         (b)  A defendant described by Subsection (a) is entitled to
  receive any combination of time credits toward the completion of
  the defendant's period of community supervision in accordance with
  this article if the court ordered the defendant as a condition of
  community supervision to:
               (1)  make a payment described by Subsection (c);
               (2)  complete a treatment or rehabilitation program
  described by Subsection (d); or
               (3)  earn a diploma, certificate, or degree described
  by Subsection (e).
         (c)  A defendant is entitled to time credits toward the
  completion of the defendant's period of community supervision for
  the full payment of court costs, fines, attorney's fees, and
  restitution as follows:
               (1)  court costs: 15 days;
               (2)  fines: 30 days;
               (3)  attorney's fees: 30 days; and
               (4)  restitution: 60 days.
         (d)  A defendant is entitled to time credits toward the
  completion of the defendant's period of community supervision for
  the successful completion of treatment or rehabilitation programs
  as follows:
               (1)  parenting class or parental responsibility
  program: 30 days;
               (2)  anger management program: 30 days;
               (3)  life skills training program: 30 days;
               (4)  vocational, technical, or career education or
  training program: 60 days; and
               (5)  alcohol or substance abuse counseling or
  treatment: 90 days.
         (e)  A defendant is entitled to time credits toward the
  completion of the defendant's period of community supervision for
  earning the following diplomas, certificates, or degrees:
               (1)  a high school diploma or high school equivalency
  certificate: 90 days; and
               (2)  an associate's degree: 120 days.
         (f)  A defendant's supervision officer shall notify the
  court if one or more time credits under this article, cumulated with
  the amount of the original community supervision period the
  defendant has completed, allow or require the court to conduct a
  review of the defendant's community supervision under Article
  42A.701. On receipt of the notice from the supervision officer, the
  court shall conduct the review of the defendant's community
  supervision to determine if the defendant is eligible for a
  reduction or termination of community supervision under Article
  42A.701, taking into account any time credits to which the
  defendant is entitled under this article in determining if the
  defendant has completed, as applicable:
               (1)  the lesser of one-third of the original community
  supervision period or two years of community supervision; or
               (2)  the greater of one-half of the original community
  supervision period or two years of community supervision.
         (g)  A court may order that some or all of the time credits to
  which a defendant is entitled under this article be forfeited if,
  before the expiration of the original period or a reduced period of
  community supervision, the court:
               (1)  after a hearing under Article 42A.751(d), finds
  that a defendant violated one or more conditions of community
  supervision; and
               (2)  modifies or continues the defendant's period of
  community supervision under Article 42A.752 or revokes the
  defendant's community supervision under Article 42A.755. (Code
  Crim. Proc., Art. 42.12, Sec. 20A.)
  SUBCHAPTER P. REVOCATION AND OTHER SANCTIONS
         Art. 42A.751.  VIOLATION OF CONDITIONS OF COMMUNITY
  SUPERVISION; DETENTION AND HEARING. (a) At any time during the
  period of community supervision, the judge may issue a warrant for a
  violation of any condition of community supervision and cause a
  defendant convicted under Section 43.02, Penal Code, Chapter 481,
  Health and Safety Code, or Sections 485.031 through 485.035, Health
  and Safety Code, or placed on deferred adjudication community
  supervision after being charged with one of those offenses, to be
  subject to:
               (1)  the control measures of Section 81.083, Health and
  Safety Code; and
               (2)  the court-ordered-management provisions of
  Subchapter G, Chapter 81, Health and Safety Code.
         (b)  At any time during the period of community supervision,
  the judge may issue a warrant for a violation of any condition of
  community supervision and cause the defendant to be arrested.  Any
  supervision officer, police officer, or other officer with the
  power of arrest may arrest the defendant with or without a warrant
  on the order of the judge to be noted on the docket of the court.  
  Subject to Subsection (c), a defendant arrested under this
  subsection may be detained in the county jail or other appropriate
  place of confinement until the defendant can be taken before the
  judge for a determination regarding the alleged violation.  The
  arresting officer shall immediately report the arrest and detention
  to the judge.
         (c)  Without any unnecessary delay, but not later than 48
  hours after the defendant is arrested, the arresting officer or the
  person with custody of the defendant shall take the defendant
  before the judge who ordered the arrest for the alleged violation of
  a condition of community supervision or, if the judge is
  unavailable, before a magistrate of the county in which the
  defendant was arrested.  The judge or magistrate shall perform all
  appropriate duties and may exercise all appropriate powers as
  provided by Article 15.17 with respect to an arrest for a new
  offense, except that only the judge who ordered the arrest for the
  alleged violation may authorize the defendant's release on
  bail.  The defendant may be taken before the judge or magistrate
  under this subsection by means of an electronic broadcast system as
  provided by and subject to the requirements of Article 15.17.
         (d)  If the defendant has not been released on bail as
  permitted under Subsection (c), on motion by the defendant, the
  judge who ordered the arrest for the alleged violation of a
  condition of community supervision shall cause the defendant to be
  brought before the judge for a hearing on the alleged violation
  within 20 days of the date the motion is filed.  After a hearing
  without a jury, the judge may continue, extend, modify, or revoke
  the community supervision.
         (e)  A judge may revoke without a hearing the community
  supervision of a defendant who is imprisoned in a penal institution
  if the defendant in writing before a court of record in the
  jurisdiction where the defendant is imprisoned:
               (1)  waives the defendant's right to a hearing and to
  counsel;
               (2)  affirms that the defendant has nothing to say as to
  why sentence should not be pronounced against the defendant; and
               (3)  requests the judge to revoke community supervision
  and to pronounce sentence.
         (f)  In a felony case, the state may amend the motion to
  revoke community supervision at any time before the seventh day
  before the date of the revocation hearing, after which time the
  motion may not be amended except for good cause shown.  The state
  may not amend the motion after the commencement of taking evidence
  at the revocation hearing.
         (g)  The judge may continue the revocation hearing for good
  cause shown by either the defendant or the state.
         (h)  The court may not revoke the community supervision of a
  defendant if, at the revocation hearing, the court finds that the
  only evidence supporting the alleged violation of a condition of
  community supervision is the uncorroborated results of a polygraph
  examination.
         (i)  In a revocation hearing at which it is alleged only that
  the defendant violated the conditions of community supervision by
  failing to pay compensation paid to appointed counsel, community
  supervision fees, or court costs, the state must prove by a
  preponderance of the evidence that the defendant was able to pay and
  did not pay as ordered by the judge.
         (j)  The court may order a community supervision and
  corrections department to obtain information pertaining to the
  factors listed under Article 42.037(h) and include that information
  in the presentence report required under Article 42A.252(a) or a
  separate report, as the court directs.
         (k)  A defendant has a right to counsel at a hearing under
  this article. The court shall appoint counsel for an indigent
  defendant in accordance with the procedures adopted under Article
  26.04.
         (l)  A court retains jurisdiction to hold a hearing under
  Subsection (d) and to revoke, continue, or modify community
  supervision, regardless of whether the period of community
  supervision imposed on the defendant has expired, if before the
  expiration of the supervision period:
               (1)  the attorney representing the state files a motion
  to revoke, continue, or modify community supervision; and
               (2)  a capias is issued for the arrest of the defendant.
  (Code Crim. Proc., Art. 42.12, Sec. 21.)
         Art. 42A.752.  CONTINUATION OR MODIFICATION OF COMMUNITY
  SUPERVISION AFTER VIOLATION. (a) If after a hearing under Article
  42A.751(d) a judge continues or modifies community supervision
  after determining that the defendant violated a condition of
  community supervision, the judge may impose any other conditions
  the judge determines are appropriate, including:
               (1)  a requirement that the defendant perform community
  service for a number of hours specified by the court under Article
  42A.304, or an increase in the number of hours that the defendant
  has previously been required to perform under that article in an
  amount not to exceed double the number of hours permitted by that
  article;
               (2)  an extension of the period of community
  supervision, in the manner described by Article 42A.753;
               (3)  an increase in the defendant's fine, in the manner
  described by Subsection (b); or
               (4)  the placement of the defendant in a substance
  abuse felony punishment program operated under Section 493.009,
  Government Code, if:
                     (A)  the defendant is convicted of a felony other
  than:
                           (i)  a felony under Section 21.11, 22.011,
  or 22.021, Penal Code; or
                           (ii)  criminal attempt of a felony under
  Section 21.11, 22.011, or 22.021, Penal Code; and
                     (B)  the judge makes an affirmative finding that:
                           (i)  drug or alcohol abuse significantly
  contributed to the commission of the offense or violation of a
  condition of community supervision, as applicable; and
                           (ii)  the defendant is a suitable candidate
  for treatment, as determined by the suitability criteria
  established by the Texas Board of Criminal Justice under Section
  493.009(b), Government Code.
         (b)  A judge may impose a sanction on a defendant described
  by Subsection (a)(3) by increasing the fine imposed on the
  defendant. The original fine imposed on the defendant and an
  increase in the fine imposed under this subsection may not exceed
  the maximum fine for the offense for which the defendant was
  sentenced. The judge shall deposit money received from an increase
  in the defendant's fine under this subsection in the special fund of
  the county treasury to be used for the same purposes for which state
  aid may be used under Chapter 76, Government Code.
         (c)  If the judge imposes a sanction under Subsection (a)(4),
  the judge shall also impose a condition requiring the defendant on
  successful completion of the program to participate in a drug or
  alcohol abuse continuum of care treatment plan. (Code Crim. Proc.,
  Art. 42.12, Secs. 22(a), (b), (d).)
         Art. 42A.753.  EXTENSION OF COMMUNITY SUPERVISION AFTER
  VIOLATION. (a) On a showing of good cause, the judge may extend a
  period of community supervision under Article 42A.752(a)(2) as
  frequently as the judge determines is necessary, but the period of
  community supervision in a first, second, or third degree felony
  case may not exceed 10 years and, except as otherwise provided by
  Subsection (b), the period of community supervision in a
  misdemeanor case may not exceed three years.
         (b)  The judge may extend the period of community supervision
  in a misdemeanor case for any period the judge determines is
  necessary, not to exceed an additional two years beyond the
  three-year limit provided by Subsection (a), if:
               (1)  the defendant fails to pay a previously assessed
  fine, cost, or restitution; and
               (2)  the judge determines that extending the
  supervision period increases the likelihood that the defendant will
  fully pay the fine, cost, or restitution.
         (c)  A court may extend a period of community supervision
  under Article 42A.752(a)(2):
               (1)  at any time during the supervision period; or
               (2)  before the first anniversary of the date the
  supervision period ends, if a motion for revocation of community
  supervision is filed before the date the supervision period ends.
  (Code Crim. Proc., Art. 42.12, Sec. 22(c).)
         Art. 42A.754.  AUTHORITY TO REVOKE COMMUNITY SUPERVISION.
  Only the court in which the defendant was tried may revoke the
  defendant's community supervision unless the judge has transferred
  jurisdiction of the case to another court under Article 42A.151.
  (Code Crim. Proc., Art. 42.12, Sec. 10(a) (part).)
         Art. 42A.755.  REVOCATION OF COMMUNITY SUPERVISION. (a) If
  community supervision is revoked after a hearing under Article
  42A.751(d), the judge may:
               (1)  proceed to dispose of the case as if there had been
  no community supervision; or
               (2)  if the judge determines that the best interests of
  society and the defendant would be served by a shorter term of
  confinement, reduce the term of confinement originally assessed to
  any term of confinement not less than the minimum prescribed for the
  offense of which the defendant was convicted.
         (b)  The judge shall enter in the judgment in the case the
  amount of restitution owed by the defendant on the date of
  revocation.
         (c)  Except as otherwise provided by Subsection (d), no part
  of the period that the defendant is on community supervision may be
  considered as any part of the term that the defendant is sentenced
  to serve.
         (d)  On revocation, the judge shall credit to the defendant
  time served as a condition of community supervision in a substance
  abuse felony punishment facility operated by the Texas Department
  of Criminal Justice under Section 493.009, Government Code, or
  other court-ordered residential program or facility, but only if
  the defendant successfully completes the treatment program in that
  facility.
         (e)  The right of the defendant to appeal for a review of the
  conviction and punishment, as provided by law, shall be accorded
  the defendant at the time the defendant is placed on community
  supervision.  When the defendant is notified that the defendant's
  community supervision is revoked for a violation of the conditions
  of community supervision and the defendant is called on to serve a
  sentence in a jail or in the Texas Department of Criminal Justice,
  the defendant may appeal the revocation. (Code Crim. Proc.,
  Art. 42.12, Sec. 23.)
         Art. 42A.756.  DUE DILIGENCE DEFENSE.  For the purposes of a
  hearing under Article 42A.751(d), it is an affirmative defense to
  revocation for an alleged violation based on a failure to report to
  a supervision officer as directed or to remain within a specified
  place that no supervision officer, peace officer, or other officer
  with the power of arrest under a warrant issued by a judge for that
  alleged violation contacted or attempted to contact the defendant
  in person at the defendant's last known residence address or last
  known employment address, as reflected in the files of the
  department serving the county in which the order of deferred
  adjudication community supervision was entered.  (Code Crim. Proc.,
  Art. 42.12, Sec. 24 (part).)
         Art. 42A.757.  EXTENSION OF COMMUNITY SUPERVISION FOR
  CERTAIN SEX OFFENDERS. (a) If a defendant is placed on deferred
  adjudication community supervision after being convicted of an
  offense under Section 21.11, 22.011, or 22.021, Penal Code, at any
  time during the period of community supervision, the judge may
  extend the period of community supervision as provided by this
  article.
         (b)  At a hearing at which the defendant is provided the same
  rights as are provided to a defendant at a hearing under Article
  42A.751(d), the judge may extend the defendant's supervision period
  for a period not to exceed 10 additional years if the judge
  determines that:
               (1)  the defendant has not sufficiently demonstrated a
  commitment to avoid future criminal behavior; and
               (2)  the release of the defendant from supervision
  would endanger the public.
         (c)  A judge may extend a period of community supervision
  under this article only once.
         (d)  A judge may extend a period of community supervision for
  a defendant under both Article 42A.752(a)(2) and this article.
         (e)  The prohibition in Article 42A.753(a) against a period
  of community supervision in a felony case exceeding 10 years does
  not apply to a defendant for whom community supervision is
  increased under this article or under both Article 42A.752(a)(2) and this article. (Code Crim. Proc., Art. 42.12, Sec. 22A.)
 
  ARTICLE 2. CONFORMING AMENDMENTS
         SECTION 2.01.  Sections 106.06(d) and (e), Alcoholic
  Beverage Code, are amended to read as follows:
         (d)  A judge, acting under Chapter 42A [Article 42.12], Code
  of Criminal Procedure, who places a defendant charged with an
  offense under this section on community supervision under that
  chapter [article] shall, if the defendant committed the offense at
  a gathering where participants were involved in the abuse of
  alcohol, including binge drinking or forcing or coercing
  individuals to consume alcohol, in addition to any other condition
  imposed by the judge:
               (1)  require the defendant to:
                     (A)  perform community service for not less than
  20 or more than 40 hours; and
                     (B)  attend an alcohol awareness program approved
  under Section 106.115; and
               (2)  order the Department of Public Safety to suspend
  the driver's license or permit of the defendant or, if the defendant
  does not have a driver's license or permit, to deny the issuance of
  a driver's license or permit to the defendant for 180 days.
         (e)  Community service ordered under Subsection (d) is in
  addition to any community service ordered by the judge under
  Article 42A.304 [Section 16, Article 42.12], Code of Criminal
  Procedure, and must be related to education about or prevention of
  misuse of alcohol if programs or services providing that education
  are available in the community in which the court is located. If
  programs or services providing that education are not available,
  the court may order community service that the court considers
  appropriate for rehabilitative purposes.
         SECTION 2.02.  Section 142.002(b), Civil Practice and
  Remedies Code, is amended to read as follows:
         (b)  This section does not preclude a cause of action for
  negligent hiring or the failure of an employer, general contractor,
  premises owner, or other third party to provide adequate
  supervision of an employee, if:
               (1)  the employer, general contractor, premises owner,
  or other third party knew or should have known of the conviction;
  and
               (2)  the employee was convicted of:
                     (A)  an offense that was committed while
  performing duties substantially similar to those reasonably
  expected to be performed in the employment, or under conditions
  substantially similar to those reasonably expected to be
  encountered in the employment, taking into consideration the
  factors listed in Sections 53.022 and 53.023(a), Occupations Code,
  without regard to whether the occupation requires a license;
                     (B)  an offense listed in Article 42A.054 [Section
  3g, Article 42.12], Code of Criminal Procedure; or
                     (C)  a sexually violent offense, as defined by
  Article 62.001, Code of Criminal Procedure.
         SECTION 2.03.  Section 152.003(c), Civil Practice and
  Remedies Code, is amended to read as follows:
         (c)  A criminal case may not be referred to the system if the
  defendant is charged with or convicted of an offense listed in
  Article 42A.054(a) [Section 3g(a)(1), Article 42.12], Code of
  Criminal Procedure, or convicted of an offense, the judgment for
  which contains an affirmative finding under Article 42A.054(c) or
  (d) [Section 3g(a)(2), Article 42.12], Code of Criminal Procedure.
         SECTION 2.04.  Article 5.08, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 5.08.  MEDIATION IN FAMILY VIOLENCE CASES.
  Notwithstanding Article 26.13(g) or 42A.301(15) [Section
  11(a)(16), Article 42.12, of this code], in a criminal prosecution
  arising from family violence, as that term is defined by Section
  71.004, Family Code, a court shall not refer or order the victim or
  the defendant involved to mediation, dispute resolution,
  arbitration, or other similar procedures.
         SECTION 2.05.  Article 17.091, Code of Criminal Procedure,
  is amended to read as follows:
         Art. 17.091.  NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.
  Before a judge or magistrate reduces the amount of bail set for a
  defendant charged with an offense listed in Article 42A.054
  [Section 3g, Article 42.12], an offense described by Article
  62.001(5), or an offense under Section 20A.03, Penal Code, the
  judge or magistrate shall provide:
               (1)  to the attorney representing the state, reasonable
  notice of the proposed bail reduction; and
               (2)  on request of the attorney representing the state
  or the defendant or the defendant's counsel, an opportunity for a
  hearing concerning the proposed bail reduction.
         SECTION 2.06.  Article 26.052(d)(3), Code of Criminal
  Procedure, is amended to read as follows:
               (3)  The standards must require that an attorney
  appointed as lead appellate counsel in the direct appeal of a
  capital case:
                     (A)  be a member of the State Bar of Texas;
                     (B)  exhibit proficiency and commitment to
  providing quality representation to defendants in death penalty
  cases;
                     (C)  have not been found by a federal or state
  court to have rendered ineffective assistance of counsel during the
  trial or appeal of any capital case, unless the local selection
  committee determines under Subsection (n) that the conduct
  underlying the finding no longer accurately reflects the attorney's
  ability to provide effective representation;
                     (D)  have at least five years of criminal law
  experience;
                     (E)  have authored a significant number of
  appellate briefs, including appellate briefs for homicide cases and
  other cases involving an offense punishable as a capital felony or a
  felony of the first degree or an offense described by Article
  42A.054(a) [Section 3g(a)(1), Article 42.12];
                     (F)  have trial or appellate experience in:
                           (i)  the use of and challenges to mental
  health or forensic expert witnesses; and
                           (ii)  the use of mitigating evidence at the
  penalty phase of a death penalty trial; and
                     (G)  have participated in continuing legal
  education courses or other training relating to criminal defense in
  appealing death penalty cases.
         SECTION 2.07.  Section 3(d), Article 37.07, Code of Criminal
  Procedure, is amended to read as follows:
         (d)  When the judge assesses the punishment, the judge [he]
  may order a presentence [an investigative] report as contemplated
  in Subchapter F, Chapter 42A, [Section 9 of Article 42.12 of this
  code] and after considering the report, and after the hearing of the
  evidence hereinabove provided for, the judge [he] shall forthwith
  announce the judge's [his] decision in open court as to the
  punishment to be assessed.
         SECTION 2.08.  Sections 4(a), (b), and (c), Article 37.07,
  Code of Criminal Procedure, are amended to read as follows:
         (a)  In the penalty phase of the trial of a felony case in
  which the punishment is to be assessed by the jury rather than the
  court, if the offense of which the jury has found the defendant
  guilty is an offense under Section 71.02, Penal Code, other than an
  offense punishable as a state jail felony under that section, an
  offense under Section 71.023, Penal Code, or an offense listed in
  Article 42A.054(a) [Section 3g(a)(1), Article 42.12], or if the
  judgment contains an affirmative finding under Article 42A.054(c)
  or (d) [Section 3g(a)(2), Article 42.12], unless the defendant has
  been convicted of an offense under Section 21.02, Penal Code, an
  offense under Section 22.021, Penal Code, that is punishable under
  Subsection (f) of that section, or a capital felony, the court shall
  charge the jury in writing as follows:
         "Under the law applicable in this case, the defendant, if
  sentenced to a term of imprisonment, may earn time off the period of
  incarceration imposed through the award of good conduct time.  
  Prison authorities may award good conduct time to a prisoner who
  exhibits good behavior, diligence in carrying out prison work
  assignments, and attempts at rehabilitation.  If a prisoner engages
  in misconduct, prison authorities may also take away all or part of
  any good conduct time earned by the prisoner.
         "It is also possible that the length of time for which the
  defendant will be imprisoned might be reduced by the award of
  parole.
         "Under the law applicable in this case, if the defendant is
  sentenced to a term of imprisonment, the defendant will not become
  eligible for parole until the actual time served equals one-half of
  the sentence imposed or 30 years, whichever is less, without
  consideration of any good conduct time the defendant may earn.  If
  the defendant is sentenced to a term of less than four years, the
  defendant must serve at least two years before the defendant is
  eligible for parole.  Eligibility for parole does not guarantee
  that parole will be granted.
         "It cannot accurately be predicted how the parole law and
  good conduct time might be applied to this defendant if sentenced to
  a term of imprisonment, because the application of these laws will
  depend on decisions made by prison and parole authorities.
         "You may consider the existence of the parole law and good
  conduct time.  However, you are not to consider the extent to which
  good conduct time may be awarded to or forfeited by this particular
  defendant.  You are not to consider the manner in which the parole
  law may be applied to this particular defendant."
         (b)  In the penalty phase of the trial of a felony case in
  which the punishment is to be assessed by the jury rather than the
  court, if the offense is punishable as a felony of the first degree,
  if a prior conviction has been alleged for enhancement of
  punishment as provided by Section 12.42(b), (c)(1) or (2), or (d),
  Penal Code, or if the offense is a felony not designated as a
  capital felony or a felony of the first, second, or third degree and
  the maximum term of imprisonment that may be imposed for the offense
  is longer than 60 years, unless the offense of which the jury has
  found the defendant guilty is an offense that is punishable under
  Section 21.02(h), Penal Code, or is listed in Article 42A.054(a)
  [Section 3g(a)(1), Article 42.12, of this code] or the judgment
  contains an affirmative finding under Article 42A.054(c) or (d)
  [Section 3g(a)(2), Article 42.12, of this code], the court shall
  charge the jury in writing as follows:
         "Under the law applicable in this case, the defendant, if
  sentenced to a term of imprisonment, may earn time off the period of
  incarceration imposed through the award of good conduct time.  
  Prison authorities may award good conduct time to a prisoner who
  exhibits good behavior, diligence in carrying out prison work
  assignments, and attempts at rehabilitation.  If a prisoner engages
  in misconduct, prison authorities may also take away all or part of
  any good conduct time earned by the prisoner.
         "It is also possible that the length of time for which the
  defendant will be imprisoned might be reduced by the award of
  parole.
         "Under the law applicable in this case, if the defendant is
  sentenced to a term of imprisonment, he will not become eligible for
  parole until the actual time served plus any good conduct time
  earned equals one-fourth of the sentence imposed or 15 years,
  whichever is less.  Eligibility for parole does not guarantee that
  parole will be granted.
         "It cannot accurately be predicted how the parole law and
  good conduct time might be applied to this defendant if he is
  sentenced to a term of imprisonment, because the application of
  these laws will depend on decisions made by prison and parole
  authorities.
         "You may consider the existence of the parole law and good
  conduct time.  However, you are not to consider the extent to which
  good conduct time may be awarded to or forfeited by this particular
  defendant.  You are not to consider the manner in which the parole
  law may be applied to this particular defendant."
         (c)  In the penalty phase of the trial of a felony case in
  which the punishment is to be assessed by the jury rather than the
  court, if the offense is punishable as a felony of the second or
  third degree, if a prior conviction has been alleged for
  enhancement as provided by Section 12.42(a), Penal Code, or if the
  offense is a felony not designated as a capital felony or a felony
  of the first, second, or third degree and the maximum term of
  imprisonment that may be imposed for the offense is 60 years or
  less, unless the offense of which the jury has found the defendant
  guilty is listed in Article 42A.054(a) [Section 3g(a)(1), Article
  42.12, of this code] or the judgment contains an affirmative
  finding under Article 42A.054(c) or (d) [Section 3g(a)(2), Article
  42.12, of this code], the court shall charge the jury in writing as
  follows:
         "Under the law applicable in this case, the defendant, if
  sentenced to a term of imprisonment, may earn time off the period of
  incarceration imposed through the award of good conduct time.
  Prison authorities may award good conduct time to a prisoner who
  exhibits good behavior, diligence in carrying out prison work
  assignments, and attempts at rehabilitation. If a prisoner engages
  in misconduct, prison authorities may also take away all or part of
  any good conduct time earned by the prisoner.
         "It is also possible that the length of time for which the
  defendant will be imprisoned might be reduced by the award of
  parole.
         "Under the law applicable in this case, if the defendant is
  sentenced to a term of imprisonment, he will not become eligible for
  parole until the actual time served plus any good conduct time
  earned equals one-fourth of the sentence imposed. Eligibility for
  parole does not guarantee that parole will be granted.
         "It cannot accurately be predicted how the parole law and
  good conduct time might be applied to this defendant if he is
  sentenced to a term of imprisonment, because the application of
  these laws will depend on decisions made by prison and parole
  authorities.
         "You may consider the existence of the parole law and good
  conduct time. However, you are not to consider the extent to which
  good conduct time may be awarded to or forfeited by this particular
  defendant. You are not to consider the manner in which the parole
  law may be applied to this particular defendant."
         SECTION 2.09.  Section 1, Article 38.33, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 1.  The court shall order that a defendant who is
  convicted of a felony or a misdemeanor offense that is punishable by
  confinement in jail have a thumbprint of the defendant's right
  thumb rolled legibly on the judgment or the docket sheet in the
  case.  The court shall order a defendant who is placed on deferred
  adjudication community supervision [probation] under Subchapter C,
  Chapter 42A [Section 5 of Article 42.12, Code of Criminal
  Procedure], for an offense described by this section to have a
  thumbprint of the defendant's right thumb rolled legibly on the
  order placing the defendant on deferred adjudication community
  supervision [probation].  If the defendant does not have a right
  thumb, the defendant must have a thumbprint of the defendant's left
  thumb rolled legibly on the judgment, order, or docket sheet.  The
  defendant must have a fingerprint of the defendant's index finger
  rolled legibly on the judgment, order, or docket sheet if the
  defendant does not have a right thumb or a left thumb.  The
  judgment, order, or docket sheet must contain a statement that
  describes from which thumb or finger the print was taken, unless a
  rolled 10-finger print set was taken.  A clerk or bailiff of the
  court or other person qualified to take fingerprints shall take the
  thumbprint or fingerprint, either by use of the ink-rolled print
  method or by use of a live-scanning device that prints the
  thumbprint or fingerprint image on the judgment, order, or docket
  sheet.
         SECTION 2.10.  Section 1, Article 42.01, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 1.  A judgment is the written declaration of the court
  signed by the trial judge and entered of record showing the
  conviction or acquittal of the defendant.  The sentence served
  shall be based on the information contained in the judgment.  The
  judgment shall reflect:
               1.  The title and number of the case;
               2.  That the case was called and the parties appeared,
  naming the attorney for the state, the defendant, and the attorney
  for the defendant, or, where a defendant is not represented by
  counsel, that the defendant knowingly, intelligently, and
  voluntarily waived the right to representation by counsel;
               3.  The plea or pleas of the defendant to the offense
  charged;
               4.  Whether the case was tried before a jury or a jury
  was waived;
               5.  The submission of the evidence, if any;
               6.  In cases tried before a jury that the jury was
  charged by the court;
               7.  The verdict or verdicts of the jury or the finding
  or findings of the court;
               8.  In the event of a conviction that the defendant is
  adjudged guilty of the offense as found by the verdict of the jury
  or the finding of the court, and that the defendant be punished in
  accordance with the jury's verdict or the court's finding as to the
  proper punishment;
               9.  In the event of conviction where death or any
  punishment is assessed that the defendant be sentenced to death, a
  term of confinement or community supervision, or to pay a fine, as
  the case may be;
               10.  In the event of conviction where the imposition of
  sentence is suspended and the defendant is placed on community
  supervision, setting forth the punishment assessed, the length of
  community supervision, and the conditions of community
  supervision;
               11.  In the event of acquittal that the defendant be
  discharged;
               12.  The county and court in which the case was tried
  and, if there was a change of venue in the case, the name of the
  county in which the prosecution was originated;
               13.  The offense or offenses for which the defendant
  was convicted;
               14.  The date of the offense or offenses and degree of
  offense for which the defendant was convicted;
               15.  The term of sentence;
               16.  The date judgment is entered;
               17.  The date sentence is imposed;
               18.  The date sentence is to commence and any credit for
  time served;
               19.  The terms of any order entered pursuant to Article
  42.08 [of this code] that the defendant's sentence is to run
  cumulatively or concurrently with another sentence or sentences;
               20.  The terms of any plea bargain;
               21.  Affirmative findings entered pursuant to Article
  42A.054(c) or (d) [Subdivision (2) of Subsection (a) of Section 3g
  of Article 42.12 of this code];
               22.  The terms of any fee payment ordered under Article
  42.151 [of this code];
               23.  The defendant's thumbprint taken in accordance
  with Article 38.33 [of this code];
               24.  In the event that the judge orders the defendant to
  repay a reward or part of a reward under Articles 37.073 and 42.152
  [of this code], a statement of the amount of the payment or payments
  required to be made;
               25.  In the event that the court orders restitution to
  be paid to the victim, a statement of the amount of restitution
  ordered and:
                     (A)  the name and address of a person or agency
  that will accept and forward restitution payments to the victim; or
                     (B)  if the court specifically elects to have
  payments made directly to the crime victim, the name and permanent
  address of the victim at the time of judgment;
               26.  In the event that a presentence investigation is
  required by Subchapter F, Chapter 42A [Section 9(a), (b), (h), or
  (i), Article 42.12 of this code], a statement that the presentence
  investigation was done according to the applicable provision;
               27.  In the event of conviction of an offense for which
  registration as a sex offender is required under Chapter 62, a
  statement that the registration requirement of that chapter applies
  to the defendant and a statement of the age of the victim of the
  offense;
               28.  The defendant's state identification number
  required by Section 60.052(a)(2), if that number has been assigned
  at the time of the judgment; and
               29.  The incident number required by Section
  60.052(a)(4), if that number has been assigned at the time of the
  judgment.
         SECTION 2.11.  Article 42.025(b), Code of Criminal
  Procedure, is amended to read as follows:
         (b)  A judge may, at a secondary school, receive a plea of
  guilty or nolo contendere from a defendant charged with an offense
  described by Subsection (a) and place the defendant on deferred
  adjudication under Subchapter C, Chapter 42A [Section 5, Article
  42.12], if:
               (1)  the judge makes the determination that the
  proceeding would have educational value, as provided by Subsection
  (a)(1);
               (2)  the defendant and the school agree to the location
  of the proceeding, as provided by Subsections (a)(2) and (3); and
               (3)  appropriate measures are taken in regard to the
  safety of students and the rights of the defendant, as described by
  Subsection (a)(4).
         SECTION 2.12.  Section 2(b), Article 42.03, Code of Criminal
  Procedure, is amended to read as follows:
         (b)  In all revocations of a suspension of the imposition of
  a sentence the judge shall enter the restitution [or reparation]
  due and owing on the date of the revocation.
         SECTION 2.13.  Articles 42.037(i) and (j), Code of Criminal
  Procedure, are amended to read as follows:
         (i)  In addition to any other terms and conditions of
  community supervision [probation] imposed under Chapter 42A
  [Article 42.12], the court may require a defendant [probationer] to
  reimburse the compensation to victims of crime fund created under
  Subchapter B, Chapter 56, for any amounts paid from that fund to or
  on behalf of a victim of the defendant's [probationer's] offense.
  In this subsection, "victim" has the meaning assigned by Article
  56.32.
         (j)  The court may order a community supervision and
  corrections department to obtain information pertaining to the
  factors listed in Subsection (c) [of this article].  The
  supervision [probation] officer shall include the information in
  the report required under Article 42A.252(a) [Section 9(a), Article
  42.12, of this code] or a separate report, as the court directs.  
  The court shall permit the defendant and the prosecuting attorney
  to read the report.
         SECTION 2.14.  Article 42.08(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  When the same defendant has been convicted in two or
  more cases, judgment and sentence shall be pronounced in each case
  in the same manner as if there had been but one conviction.  Except
  as provided by Subsections [Sections] (b) and (c) [of this
  article], in the discretion of the court, the judgment in the second
  and subsequent convictions may either be that the sentence imposed
  or suspended shall begin when the judgment and the sentence imposed
  or suspended in the preceding conviction has ceased to operate, or
  that the sentence imposed or suspended shall run concurrently with
  the other case or cases, and sentence and execution shall be
  accordingly; provided, however, that the cumulative total of
  suspended sentences in felony cases shall not exceed 10 years, and
  the cumulative total of suspended sentences in misdemeanor cases
  shall not exceed the maximum period of confinement in jail
  applicable to the misdemeanor offenses, though in no event more
  than three years, including extensions of periods of community
  supervision under Article 42A.752(a)(2) [Section 22, Article
  42.12, of this code], if none of the offenses are offenses under
  Chapter 49, Penal Code, or four years, including extensions, if any
  of the offenses are offenses under Chapter 49, Penal Code.
         SECTION 2.15.  Section 7, Article 42.09, Code of Criminal
  Procedure, is amended to read as follows:
         Sec. 7.  If a defendant is sentenced to a term of
  imprisonment in the Texas Department of Criminal Justice but is not
  transferred to the department under Section 3 or 4, the court,
  before the date on which it would lose jurisdiction under Article
  42A.202(a) [Section 6(a), Article 42.12], shall send to the
  department a document containing a statement of the date on which
  the defendant's sentence was pronounced and credits earned by the
  defendant under Article 42.03 as of the date of the statement.
         SECTION 2.16.  Section 8(a), Article 42.09, Code of Criminal
  Procedure, is amended to read as follows:
         (a)  A county that transfers a defendant to the Texas
  Department of Criminal Justice under this article shall deliver to
  an officer designated by the department:
               (1)  a copy of the judgment entered pursuant to Article
  42.01, completed on a standardized felony judgment form described
  by Section 4 of that article;
               (2)  a copy of any order revoking community supervision
  and imposing sentence pursuant to Article 42A.755 [Section 23,
  Article 42.12], including:
                     (A)  any amounts owed for restitution, fines, and
  court costs, completed on a standardized felony judgment form
  described by Section 4, Article 42.01; and
                     (B)  a copy of the client supervision plan
  prepared for the defendant by the community supervision and
  corrections department supervising the defendant, if such a plan
  was prepared;
               (3)  a written report that states the nature and the
  seriousness of each offense and that states the citation to the
  provision or provisions of the Penal Code or other law under which
  the defendant was convicted;
               (4)  a copy of the victim impact statement, if one has
  been prepared in the case under Article 56.03;
               (5)  a statement as to whether there was a change in
  venue in the case and, if so, the names of the county prosecuting
  the offense and the county in which the case was tried;
               (6)  if requested, information regarding the criminal
  history of the defendant, including the defendant's state
  identification number if the number has been issued;
               (7)  a copy of the indictment or information for each
  offense;
               (8)  a checklist sent by the department to the county
  and completed by the county in a manner indicating that the
  documents required by this subsection and Subsection (c) accompany
  the defendant;
               (9)  if prepared, a copy of a presentence or
  postsentence [investigation] report prepared under Subchapter F,
  Chapter 42A [Section 9, Article 42.12];
               (10)  a copy of any detainer, issued by an agency of the
  federal government, that is in the possession of the county and that
  has been placed on the defendant;
               (11)  if prepared, a copy of the defendant's Texas
  Uniform Health Status Update Form; and
               (12)  a written description of a hold or warrant,
  issued by any other jurisdiction, that the county is aware of and
  that has been placed on or issued for the defendant.
         SECTION 2.17.  Article 42.14(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  In a felony case, the judgment and sentence may be
  rendered in the absence of the defendant only if:
               (1)  the defendant is confined in a penal institution;
               (2)  the defendant is not charged with a felony
  offense:
                     (A)  that is listed in Article 42A.054(a) [Section
  3g(a)(1), Article 42.12]; or
                     (B)  for which it is alleged that:
                           (i)  a deadly weapon was used or exhibited
  during the commission of the offense or during immediate flight
  from the commission of the offense; and
                           (ii)  the defendant used or exhibited the
  deadly weapon or was a party to the offense and knew that a deadly
  weapon would be used or exhibited; 
               (3)  the defendant in writing before the appropriate
  court having jurisdiction in the county in which the penal
  institution is located:
                     (A)  waives the right to be present at the
  rendering of the judgment and sentence or to have counsel present;
                     (B)  affirms that the defendant does not have
  anything to say as to why the sentence should not be pronounced and
  that there is no reason to prevent the sentence under Article 42.07;
                     (C)  states that the defendant has entered into a
  written plea agreement with the attorney representing the state in
  the prosecution of the case; and
                     (D)  requests the court to pronounce sentence in
  the case in accordance with the plea agreement;
               (4)  the defendant and the attorney representing the
  state in the prosecution of the case have entered into a written
  plea agreement that is made a part of the record in the case; and
               (5)  sentence is pronounced in accordance with the plea
  agreement.
         SECTION 2.18.  Article 44.01(j), Code of Criminal Procedure,
  is amended to read as follows:
         (j)  Nothing in this article is to interfere with the
  defendant's right to appeal under the procedures of Article 44.02
  [of this code].  The defendant's right to appeal under Article 44.02
  may be prosecuted by the defendant where the punishment assessed is
  in accordance with Subchapter C, Chapter 42A [Subsection (a),
  Section 3d, Article 42.12 of this code], as well as any other
  punishment assessed in compliance with Article 44.02 [of this
  code].
         SECTION 2.19.  Article 44.04(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  The defendant may not be released on bail pending the
  appeal from any felony conviction where the punishment equals or
  exceeds 10 years confinement or where the defendant has been
  convicted of an offense listed under Article 42A.054(a) [Section
  3g(a)(1), Article 42.12], but shall immediately be placed in
  custody and the bail discharged.
         SECTION 2.20.  Articles 46B.073(c) and (d), Code of Criminal
  Procedure, as amended by S.B. No. 219, Acts of the 84th
  Legislature, Regular Session, 2015, are amended to read as follows:
         (c)  If the defendant is charged with an offense listed in
  Article 17.032(a), other than an offense listed in Article
  17.032(a)(6), or the indictment alleges an affirmative finding
  under Article 42A.054(c) or (d) [Section 3g(a)(2), Article 42.12],
  the court shall enter an order committing the defendant to the
  maximum security unit of any facility designated by the Department
  of State Health Services, to an agency of the United States
  operating a mental hospital, or to a Department of Veterans Affairs
  hospital.
         (d)  If the defendant is not charged with an offense
  described by Subsection (c) and the indictment does not allege an
  affirmative finding under Article 42A.054(c) or (d) [Section
  3g(a)(2), Article 42.12], the court shall enter an order committing
  the defendant to a mental health facility or residential care
  facility determined to be appropriate by the local mental health
  authority or local intellectual and developmental disability
  authority.
         SECTION 2.21.  Article 46B.104, Code of Criminal Procedure,
  as amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         Art. 46B.104.  CIVIL COMMITMENT PLACEMENT: FINDING OF
  VIOLENCE. A defendant committed to a facility as a result of
  proceedings initiated under this chapter shall be committed to the
  maximum security unit of any facility designated by the Department
  of State Health Services if:
               (1)  the defendant is charged with an offense listed in
  Article 17.032(a), other than an offense listed in Article
  17.032(a)(6); or
               (2)  the indictment charging the offense alleges an
  affirmative finding under Article 42A.054(c) or (d) [Section
  3g(a)(2), Article 42.12].
         SECTION 2.22.  Article 48.01(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  The Board of Pardons and Paroles may recommend that the
  Governor grant a pardon to a person who:
               (1)  is placed on deferred adjudication community
  supervision under Subchapter C, Chapter 42A [Section 5, Article
  42.12], and subsequently receives a discharge and dismissal under
  Article 42A.111 [Section 5(c) of that article]; and
               (2)  on or after the 10th anniversary of the date of
  discharge and dismissal, submits a written request to the board for
  a recommendation under this subsection.
         SECTION 2.23.  Articles 55.01(a) and (a-1), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  A person who has been placed under a custodial or
  noncustodial arrest for commission of either a felony or
  misdemeanor is entitled to have all records and files relating to
  the arrest expunged if:
               (1)  the person is tried for the offense for which the
  person was arrested and is:
                     (A)  acquitted by the trial court, except as
  provided by Subsection (c); or
                     (B)  convicted and subsequently:
                           (i)  pardoned for a reason other than that
  described by Subparagraph (ii); or
                           (ii)  pardoned or otherwise granted relief
  on the basis of actual innocence with respect to that offense, if
  the applicable pardon or court order clearly indicates on its face
  that the pardon or order was granted or rendered on the basis of the
  person's actual innocence; or
               (2)  the person has been released and the charge, if
  any, has not resulted in a final conviction and is no longer pending
  and there was no court-ordered community supervision under Chapter
  42A [Article 42.12] for the offense, unless the offense is a Class C
  misdemeanor, provided that:
                     (A)  regardless of whether any statute of
  limitations exists for the offense and whether any limitations
  period for the offense has expired, an indictment or information
  charging the person with the commission of a misdemeanor offense
  based on the person's arrest or charging the person with the
  commission of any felony offense arising out of the same
  transaction for which the person was arrested:
                           (i)  has not been presented against the
  person at any time following the arrest, and:
                                 (a)  at least 180 days have elapsed
  from the date of arrest if the arrest for which the expunction was
  sought was for an offense punishable as a Class C misdemeanor and if
  there was no felony charge arising out of the same transaction for
  which the person was arrested;
                                 (b)  at least one year has elapsed from
  the date of arrest if the arrest for which the expunction was sought
  was for an offense punishable as a Class B or A misdemeanor and if
  there was no felony charge arising out of the same transaction for
  which the person was arrested;
                                 (c)  at least three years have elapsed
  from the date of arrest if the arrest for which the expunction was
  sought was for an offense punishable as a felony or if there was a
  felony charge arising out of the same transaction for which the
  person was arrested; or
                                 (d)  the attorney representing the
  state certifies that the applicable arrest records and files are
  not needed for use in any criminal investigation or prosecution,
  including an investigation or prosecution of another person; or
                           (ii)  if presented at any time following the
  arrest, was dismissed or quashed, and the court finds that the
  indictment or information was dismissed or quashed because the
  person completed a pretrial intervention program authorized under
  Section 76.011, Government Code, because the presentment had been
  made because of mistake, false information, or other similar reason
  indicating absence of probable cause at the time of the dismissal to
  believe the person committed the offense, or because the indictment
  or information was void; or
                     (B)  prosecution of the person for the offense for
  which the person was arrested is no longer possible because the
  limitations period has expired.
         (a-1)  Notwithstanding any other provision of this article,
  a person may not expunge records and files relating to an arrest
  that occurs pursuant to a warrant issued under Article 42A.751(b)
  [Section 21, Article 42.12].
         SECTION 2.24.  Article 60.052(c), Code of Criminal
  Procedure, is amended to read as follows:
         (c)  Information in the corrections tracking system relating
  to the handling of offenders must include the following information
  about each imprisonment, confinement, or execution of an offender:
               (1)  the date of the imprisonment or confinement;
               (2)  if the offender was sentenced to death:
                     (A)  the date of execution; and
                     (B)  if the death sentence was commuted, the
  sentence to which the sentence of death was commuted and the date of
  commutation;
               (3)  the date the offender was released from
  imprisonment or confinement and whether the release was a discharge
  or a release on parole or mandatory supervision;
               (4)  if the offender is released on parole or mandatory
  supervision:
                     (A)  the offense for which the offender was
  convicted by offense code and incident number;
                     (B)  the date the offender was received by an
  office of the parole division;
                     (C)  the county in which the offender resides
  while under supervision;
                     (D)  any program in which an offender is placed or
  has previously been placed and the level of supervision the
  offender is placed on while under the jurisdiction of the parole
  division;
                     (E)  the date a program described by Paragraph (D)
  begins, the date the program ends, and whether the program was
  completed successfully;
                     (F)  the date a level of supervision described by
  Paragraph (D) begins and the date the level of supervision ends;
                     (G)  if the offender's release status is revoked,
  the reason for the revocation and the date of revocation;
                     (H)  the expiration date of the sentence; and
                     (I)  the date of the offender's release from the
  parole division or the date on which the offender is granted
  clemency; and
               (5)  if the offender is released under Article
  42A.202(b) [Section 6(a), Article 42.12], the date of the
  offender's release.
         SECTION 2.25.  Article 60.08(e), Code of Criminal Procedure,
  is amended to read as follows:
         (e)  A court that orders the release of an offender under
  Article 42A.202(b) [Section 6(a), Article 42.12,] at a time when
  the offender is under a bench warrant and not physically imprisoned
  in the Texas Department of Criminal Justice shall report the
  release to the department not later than the seventh day after the
  date of the release.
         SECTION 2.26.  Article 62.063(b), Code of Criminal
  Procedure, is amended to read as follows:
         (b)  A person subject to registration under this chapter
  because of a reportable conviction or adjudication for which an
  affirmative finding is entered under Article 42.015(b) or
  42A.105(a) [Section 5(e)(2), Article 42.12], as appropriate, may
  not, for compensation:
               (1)  operate or offer to operate a bus;
               (2)  provide or offer to provide a passenger taxicab or
  limousine transportation service;
               (3)  provide or offer to provide any type of service in
  the residence of another person unless the provision of service
  will be supervised; or
               (4)  operate or offer to operate any amusement ride.
         SECTION 2.27.  Articles 62.301(b) and (c), Code of Criminal
  Procedure, are amended to read as follows:
         (b)  A person is eligible to petition the court as described
  by Subsection (a) if:
               (1)  the person is required to register only as a result
  of a single reportable conviction or adjudication, other than an
  adjudication of delinquent conduct; and
               (2)  the court has entered in the appropriate judgment
  or has filed with the appropriate papers a statement of an
  affirmative finding described by Article 42.017 or 42A.105(c)
  [Section 5(g), Article 42.12].
         (c)  A defendant who before September 1, 2011, is convicted
  of or placed on deferred adjudication community supervision for an
  offense under Section 21.11 or 22.011, Penal Code, is eligible to
  petition the court as described by Subsection (a).  The court may
  consider the petition only if the petition states and the court
  finds that the defendant would have been entitled to the entry of an
  affirmative finding under Article 42.017 or 42A.105(c) [Section
  5(g), Article 42.12], as appropriate, had the conviction or
  placement on deferred adjudication community supervision occurred
  after September 1, 2011.
         SECTION 2.28.  Article 102.018(b), Code of Criminal
  Procedure, is amended to read as follows:
         (b)  Except as provided by Subsection (d) [of this article],
  on conviction of an offense relating to the driving or operating of
  a motor vehicle punishable under Section 49.04(b), Penal Code, the
  court shall impose as a cost of court on the defendant an amount
  that is equal to the cost of an evaluation of the defendant
  performed under Article 42A.402(a) [Section 13(a), Article 42.12,
  of this code]. Costs imposed under this subsection are in addition
  to other court costs and are due whether or not the defendant is
  granted community supervision [probation] in the case, except that
  if the court determines that the defendant is indigent and unable to
  pay the cost, the court may waive the imposition of the cost.
         SECTION 2.29.  Article 102.020(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  A person shall pay as a cost of court:
               (1)  $250 on conviction of an offense listed in Section
  411.1471(a)(1), Government Code;
               (2)  $50 on conviction of an offense listed in Section
  411.1471(a)(3) of that code; or
               (3)  $34 on placement of the person on community
  supervision, including deferred adjudication community
  supervision, if the person is required to submit a DNA sample under
  Article 42A.352 [Section 11(j), Article 42.12].
         SECTION 2.30.  Section 37.152(f), Education Code, is amended
  to read as follows:
         (f)  Except if an offense causes the death of a student, in
  sentencing a person convicted of an offense under this section, the
  court may require the person to perform community service, subject
  to the same conditions imposed on a person placed on community
  supervision under Chapter 42A [Section 11, Article 42.12], Code of
  Criminal Procedure, for an appropriate period of time in lieu of
  confinement in county jail or in lieu of a part of the time the
  person is sentenced to confinement in county jail.
         SECTION 2.31.  Section 53.045(a), Family Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection (e), the prosecuting
  attorney may refer the petition to the grand jury of the county in
  which the court in which the petition is filed presides if the
  petition alleges that the child engaged in delinquent conduct that
  constitutes habitual felony conduct as described by Section 51.031
  or that included the violation of any of the following provisions:
               (1)  Section 19.02, Penal Code (murder);
               (2)  Section 19.03, Penal Code (capital murder);
               (3)  Section 19.04, Penal Code (manslaughter);
               (4)  Section 20.04, Penal Code (aggravated
  kidnapping);
               (5)  Section 22.011, Penal Code (sexual assault) or
  Section 22.021, Penal Code (aggravated sexual assault);
               (6)  Section 22.02, Penal Code (aggravated assault);
               (7)  Section 29.03, Penal Code (aggravated robbery);
               (8)  Section 22.04, Penal Code (injury to a child,
  elderly individual, or disabled individual), if the offense is
  punishable as a felony, other than a state jail felony;
               (9)  Section 22.05(b), Penal Code (felony deadly
  conduct involving discharging a firearm);
               (10)  Subchapter D, Chapter 481, Health and Safety
  Code, if the conduct constitutes a felony of the first degree or an
  aggravated controlled substance felony (certain offenses involving
  controlled substances);
               (11)  Section 15.03, Penal Code (criminal
  solicitation);
               (12)  Section 21.11(a)(1), Penal Code (indecency with a
  child);
               (13)  Section 15.031, Penal Code (criminal
  solicitation of a minor);
               (14)  Section 15.01, Penal Code (criminal attempt), if
  the offense attempted was an offense under Section 19.02, Penal
  Code (murder), or Section 19.03, Penal Code (capital murder), or an
  offense listed by Article 42A.054(a) [Section 3g(a)(1), Article
  42.12], Code of Criminal Procedure;
               (15)  Section 28.02, Penal Code (arson), if bodily
  injury or death is suffered by any person by reason of the
  commission of the conduct;
               (16)  Section 49.08, Penal Code (intoxication
  manslaughter); or
               (17)  Section 15.02, Penal Code (criminal conspiracy),
  if the offense made the subject of the criminal conspiracy includes
  a violation of any of the provisions referenced in Subdivisions (1)
  through (16).
         SECTION 2.32.  Section 54.0409(a), Family Code, is amended
  to read as follows:
         (a)  This section applies only to conduct constituting the
  commission of a felony:
               (1)  that is listed in Article 42A.054(a) [Section
  3g(a)(1), Article 42.12], Code of Criminal Procedure; or
               (2)  for which it is shown that a deadly weapon, as
  defined by Section 1.07, Penal Code, was used or exhibited during
  the commission of the conduct or during immediate flight from the
  commission of the conduct.
         SECTION 2.33.  Sections 54.051(e), (e-1), (e-2), and (e-3),
  Family Code, are amended to read as follows:
         (e)  A district court that exercises jurisdiction over a
  person transferred under Subsection (d) shall place the person on
  community supervision under Chapter 42A [Article 42.12], Code of
  Criminal Procedure, for the remainder of the person's probationary
  period and under conditions consistent with those ordered by the
  juvenile court.
         (e-1)  The restrictions on a judge placing a defendant on
  community supervision imposed by Article 42A.054 [Section 3g,
  Article 42.12], Code of Criminal Procedure, do not apply to a case
  transferred from the juvenile court. The minimum period of
  community supervision imposed by Article 42A.053(d) [Section 3(b),
  Article 42.12], Code of Criminal Procedure, does not apply to a case
  transferred from the juvenile court.
         (e-2)  If a person who is placed on community supervision
  under this section violates a condition of that supervision or if
  the person violated a condition of probation ordered under Section
  54.04(q) and that probation violation was not discovered by the
  state before the person's 19th birthday, the district court shall
  dispose of the violation of community supervision or probation, as
  appropriate, in the same manner as if the court had originally
  exercised jurisdiction over the case. If the judge revokes
  community supervision, the judge may reduce the prison sentence to
  any length without regard to the minimum term imposed by Article
  42A.755(a) [Section 23(a), Article 42.12], Code of Criminal
  Procedure.
         (e-3)  The time that a person serves on probation ordered
  under Section 54.04(q) is the same as time served on community
  supervision ordered under this section for purposes of determining
  the person's eligibility for early discharge from community
  supervision under Article 42A.701 [Section 20, Article 42.12], Code
  of Criminal Procedure.
         SECTION 2.34. Section 55.45(c), Family Code, is amended to
  read as follows:
         (c)  If the referred child, as described in Subsection (b),
  is alleged to have committed an offense listed in Article 42A.054
  [Section 3g, Article 42.12], Code of Criminal Procedure, the
  administrator of the residential care facility shall apply, in
  writing, by certified mail, return receipt requested, to the
  juvenile court that ordered commitment of the child or that
  referred the case to a court that ordered commitment of the child
  and show good cause for any release of the child from the facility
  for more than 48 hours. Notice of this request must be provided to
  the prosecuting attorney responsible for the case. The prosecuting
  attorney, the juvenile, or the administrator may apply for a
  hearing on this application. If no one applies for a hearing, the
  trial court shall resolve the application on the written
  submission. The rules of evidence do not apply to this hearing. An
  appeal of the trial court's ruling on the application is not
  allowed. The release of a child described in this subsection
  without the express approval of the trial court is punishable by
  contempt.
         SECTION 2.35.  Section 76.001(2), Government Code, is
  amended to read as follows:
               (2)  "Community supervision" has the meaning assigned
  by Article 42A.001 [Section 2, Article 42.12], Code of Criminal
  Procedure.
         SECTION 2.36.  Section 76.015(c), Government Code, is
  amended to read as follows:
         (c)  A department may assess a reasonable administrative fee
  of not less than $25 and not more than $60 per month on an individual
  who participates in a program operated by the department or
  receives services from the department and who is not paying a
  monthly fee under Article 42A.652 [Section 19, Article 42.12], Code
  of Criminal Procedure.
         SECTION 2.37.  Section 103.021, Government Code, is amended
  to read as follows:
         Sec. 103.021.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES:  CODE OF CRIMINAL PROCEDURE.  An accused or defendant,
  or a party to a civil suit, as applicable, shall pay the following
  fees and costs under the Code of Criminal Procedure if ordered by
  the court or otherwise required:
               (1)  a personal bond fee (Art. 17.42, Code of Criminal
  Procedure) . . . the greater of $20 or three percent of the amount
  of the bail fixed for the accused;
               (2)  cost of electronic monitoring as a condition of
  release on personal bond (Art. 17.43, Code of Criminal Procedure)
  . . . actual cost;
               (3)  a fee for verification of and monitoring of motor
  vehicle ignition interlock (Art. 17.441, Code of Criminal
  Procedure) . . . not to exceed $10;
               (3-a)  costs associated with operating a global
  positioning monitoring system as a condition of release on bond
  (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
  subject to a determination of indigency;
               (3-b)  costs associated with providing a defendant's
  victim with an electronic receptor device as a condition of the
  defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
  Procedure) . . . actual costs, subject to a determination of
  indigency;
               (4)  repayment of reward paid by a crime stoppers
  organization on conviction of a felony (Art. 37.073, Code of
  Criminal Procedure) . . . amount ordered;
               (5)  reimbursement to general revenue fund for payments
  made to victim of an offense as condition of community supervision
  (Chapter 42A [Art. 42.12], Code of Criminal Procedure) . . . not to
  exceed $50 for a misdemeanor offense or $100 for a felony offense;
               (6)  payment to a crime stoppers organization as
  condition of community supervision (Chapter 42A [Art. 42.12], Code
  of Criminal Procedure) . . . not to exceed $50;
               (7)  children's advocacy center fee (Chapter 42A [Art.
  42.12], Code of Criminal Procedure) . . . not to exceed $50;
               (8)  family violence center fee (Chapter 42A [Art.
  42.12], Code of Criminal Procedure) . . . $100;
               (9)  community supervision fee (Chapter 42A [Art.
  42.12], Code of Criminal Procedure) . . . not less than $25 or more
  than $60 per month;
               (10)  additional community supervision fee for certain
  offenses (Chapter 42A [Art. 42.12], Code of Criminal Procedure)
  . . . $5 per month;
               (11)  for certain financially able sex offenders as a
  condition of community supervision, the costs of treatment,
  specialized supervision, or rehabilitation (Chapter 42A [Art.
  42.12], Code of Criminal Procedure) . . . all or part of the
  reasonable and necessary costs of the treatment, supervision, or
  rehabilitation as determined by the judge;
               (12)  fee for failure to appear for trial in a justice
  or municipal court if a jury trial is not waived (Art. 45.026, Code
  of Criminal Procedure) . . . costs incurred for impaneling the
  jury;
               (13)  costs of certain testing, assessments, or
  programs during a deferral period (Art. 45.051, Code of Criminal
  Procedure) . . . amount ordered;
               (14)  special expense on dismissal of certain
  misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
  . . . not to exceed amount of fine assessed;
               (15)  an additional fee:
                     (A)  for a copy of the defendant's driving record
  to be requested from the Department of Public Safety by the judge
  (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
  to the sum of the fee established by Section 521.048,
  Transportation Code, and the state electronic Internet portal fee;
                     (B)  as an administrative fee for requesting a
  driving safety course or a course under the motorcycle operator
  training and safety program for certain traffic offenses to cover
  the cost of administering the article (Art. 45.0511(f)(1), Code of
  Criminal Procedure) . . . not to exceed $10; or
                     (C)  for requesting a driving safety course or a
  course under the motorcycle operator training and safety program
  before the final disposition of the case (Art. 45.0511(f)(2), Code
  of Criminal Procedure) . . . not to exceed the maximum amount of the
  fine for the offense committed by the defendant;
               (16)  a request fee for teen court program (Art.
  45.052, Code of Criminal Procedure) . . . $20, if the court
  ordering the fee is located in the Texas-Louisiana border region,
  but otherwise not to exceed $10;
               (17)  a fee to cover costs of required duties of teen
  court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
  court ordering the fee is located in the Texas-Louisiana border
  region, but otherwise $10;
               (18)  a mileage fee for officer performing certain
  services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
  mile;
               (19)  certified mailing of notice of hearing date (Art.
  102.006, Code of Criminal Procedure) . . . $1, plus postage;
               (20)  certified mailing of certified copies of an order
  of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
  plus postage;
               (20-a)  a fee to defray the cost of notifying state
  agencies of orders of expungement (Art. 45.0216, Code of Criminal
  Procedure) . . . $30 per application;
               (20-b)  a fee to defray the cost of notifying state
  agencies of orders of expunction (Art. 45.055, Code of Criminal
  Procedure) . . . $30 per application;
               (21)  sight orders:
                     (A)  if the face amount of the check or sight order
  does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
  . . . not to exceed $10;
                     (B)  if the face amount of the check or sight order
  is greater than $10 but does not exceed $100 (Art. 102.007, Code of
  Criminal Procedure) . . . not to exceed $15;
                     (C)  if the face amount of the check or sight order
  is greater than $100 but does not exceed $300 (Art. 102.007, Code of
  Criminal Procedure) . . . not to exceed $30;
                     (D)  if the face amount of the check or sight order
  is greater than $300 but does not exceed $500 (Art. 102.007, Code of
  Criminal Procedure) . . . not to exceed $50; and
                     (E)  if the face amount of the check or sight order
  is greater than $500 (Art. 102.007, Code of Criminal Procedure)
  . . . not to exceed $75;
               (22)  fees for a pretrial intervention program:
                     (A)  a supervision fee (Art. 102.012(a), Code of
  Criminal Procedure) . . . $60 a month plus expenses; and
                     (B)  a district attorney, criminal district
  attorney, or county attorney administrative fee (Art. 102.0121,
  Code of Criminal Procedure) . . . not to exceed $500;
               (23)  parking fee violations for child safety fund in
  municipalities with populations:
                     (A)  greater than 850,000 (Art. 102.014, Code of
  Criminal Procedure) . . . not less than $2 and not to exceed $5; and
                     (B)  less than 850,000 (Art. 102.014, Code of
  Criminal Procedure) . . . not to exceed $5;
               (24)  an administrative fee for collection of fines,
  fees, restitution, or other costs (Art. 102.072, Code of Criminal
  Procedure) . . . not to exceed $2 for each transaction; and
               (25)  a collection fee, if authorized by the
  commissioners court of a county or the governing body of a
  municipality, for certain debts and accounts receivable, including
  unpaid fines, fees, court costs, forfeited bonds, and restitution
  ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
  percent of an amount more than 60 days past due.
         SECTION 2.38.  Section 123.001(b), Government Code, is
  amended to read as follows:
         (b)  If a defendant successfully completes a drug court
  program, regardless of whether the defendant was convicted of the
  offense for which the defendant entered the program or whether the
  court deferred further proceedings without entering an
  adjudication of guilt, after notice to the state and a hearing on
  whether the defendant is otherwise entitled to the petition and
  whether issuance of the order is in the best interest of justice,
  the court shall enter an order of nondisclosure under Section
  411.081 as if the defendant had received a discharge and dismissal
  under Article 42A.111 [Section 5(c), Article 42.12], Code of
  Criminal Procedure, with respect to all records and files related
  to the defendant's arrest for the offense for which the defendant
  entered the program if the defendant:
               (1)  has not been previously convicted of an offense
  listed in Article 42A.054 [Section 3g, Article 42.12], Code of
  Criminal Procedure, or a sexually violent offense, as defined by
  Article 62.001, Code of Criminal Procedure; and
               (2)  is not convicted for any felony offense between
  the date on which the defendant successfully completed the program
  and the second anniversary of that date.
         SECTION 2.39.  Section 123.008(a), Government Code, is
  amended to read as follows:
         (a)  Notwithstanding Article 42A.304 [Sections 13 and 16,
  Article 42.12], Code of Criminal Procedure, to encourage
  participation in a drug court program established under this
  chapter, the judge or magistrate administering the program may
  suspend any requirement that, as a condition of community
  supervision, a participant in the program work a specified number
  of hours at a community service project or projects.
         SECTION 2.40.  Sections 411.081(d) and (e), Government Code,
  are amended to read as follows:
         (d)  Notwithstanding any other provision of this subchapter,
  if a person is placed on deferred adjudication community
  supervision under Subchapter C, Chapter 42A [Section 5, Article
  42.12], Code of Criminal Procedure, subsequently receives a
  discharge and dismissal under Article 42A.111 [Section 5(c),
  Article 42.12], and satisfies the requirements of Subsection (e),
  the person may petition the court that placed the defendant on
  deferred adjudication for an order of nondisclosure under this
  subsection.  Except as provided by Subsection (e), a person may
  petition the court for an order of nondisclosure regardless of
  whether the person has been previously placed on deferred
  adjudication community supervision for another offense.  After
  notice to the state, an opportunity for a hearing, and a
  determination that the person is entitled to file the petition and
  issuance of the order is in the best interest of justice, the court
  shall issue an order prohibiting criminal justice agencies from
  disclosing to the public criminal history record information
  related to the offense giving rise to the deferred adjudication.  A
  criminal justice agency may disclose criminal history record
  information that is the subject of the order only to other criminal
  justice agencies[,] for criminal justice or regulatory licensing
  purposes, an agency or entity listed in Subsection (i), or the
  person who is the subject of the order.  A person may petition the
  court that placed the person on deferred adjudication for an order
  of nondisclosure only on or after:
               (1)  the discharge and dismissal, if the offense for
  which the person was placed on deferred adjudication was a
  misdemeanor other than a misdemeanor described by Subdivision (2);
               (2)  the second anniversary of the discharge and
  dismissal, if the offense for which the person was placed on
  deferred adjudication was a misdemeanor under Chapter 20, 21, 22,
  25, 42, or 46, Penal Code; or
               (3)  the fifth anniversary of the discharge and
  dismissal, if the offense for which the person was placed on
  deferred adjudication was a felony.
         (e)  A person is entitled to petition the court under
  Subsection (d) only if during the period of the deferred
  adjudication community supervision for which the order of
  nondisclosure is requested and during the applicable period
  described by Subsection (d)(1), (2), or (3), as appropriate, the
  person is not convicted of or placed on deferred adjudication
  community supervision under Subchapter C, Chapter 42A [Section 5,
  Article 42.12], Code of Criminal Procedure, for any offense other
  than an offense under the Transportation Code punishable by fine
  only.  A person is not entitled to petition the court under
  Subsection (d) if the person was placed on the deferred
  adjudication community supervision for or has been previously
  convicted or placed on any other deferred adjudication for:
               (1)  an offense requiring registration as a sex
  offender under Chapter 62, Code of Criminal Procedure;
               (2)  an offense under Section 20.04, Penal Code,
  regardless of whether the offense is a reportable conviction or
  adjudication for purposes of Chapter 62, Code of Criminal
  Procedure;
               (3)  an offense under Section 19.02, 19.03, 22.04,
  22.041, 25.07, 25.072, or 42.072, Penal Code; or
               (4)  any other offense involving family violence, as
  defined by Section 71.004, Family Code.
         SECTION 2.41.  Section 411.145(c), Government Code, is
  amended to read as follows:
         (c)  A fee collected under this section shall be deposited in
  the state treasury to the credit of the state highway fund, and
  money deposited to the state highway fund under this section and
  under Chapter 42A [Articles 42.12] and Article 102.020(h), Code of
  Criminal Procedure, may be used only to defray the cost of
  administering this subchapter and Section 411.0205.
         SECTION 2.42.  Section 414.010(a), Government Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (d), a crime stoppers