HBA-KMH H.B. 2115 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2115
By: Coleman
Criminal Jurisprudence
3/15/1999
Introduced



BACKGROUND AND PURPOSE 

Under current Texas law, many urban crimes such as public intoxication,
disorderly conduct, and public urination are Class C misdemeanors resulting
in little or no jail time, and are committed repeatedly.  H.B. 2115
authorizes a justice of the peace to add further conditions to placement on
deferred disposition for offenses involving the use of alcohol, a
controlled substance, or drugs, such as treatment for substance abuse. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 45.54(3), Code of Criminal Procedure, to assign
the definition of "commercial motor vehicle" as provided in Section 522.003
(Definitions), Transportation Code, rather than Subdivision (6), Section 3,
V.T.C.S., Texas Commercial Driver's License Act (Repealed). Authorizes a
justice of the peace to require a defendant to submit to diagnostic testing
for alcohol or a controlled substance or drug, to submit to a psychosocial
assessment, and to participate in an alcohol treatment or education program
as conditions of placement on deferred disposition for offenses involving
the use of alcohol, a controlled substance, or drugs.  Authorizes a justice
of the peace to require the defendant to pay the costs associated with the
above requirements either directly or through the court as court costs. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.