Tex. Code Crim. Proc. art. 42A.401 · Subchapter I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION OFFENSES
CONFINEMENT AS CONDITION OF COMMUNITY SUPERVISION FOR CERTAIN INTOXICATION OFFENSES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm
- Text hash
- sha256 ea480433b42f37fce9354d80856893dae8fc48a801a8e57976da0e92791c47d9
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Tex. Penal Code ch. 49INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSESPrinted as Chapter 49, Penal Code
- Tex. Penal Code § 49.07INTOXICATION ASSAULT.Printed as Section 49.07, Penal Code
- Tex. Penal Code § 49.08INTOXICATION MANSLAUGHTER.Printed as Section 49.08, Penal Code
- Tex. Penal Code § 49.09ENHANCED OFFENSES AND PENALTIES.Printed as Section 49.09(a), Penal Code | Section 49.09(b), Penal Code | Section 49.09(h), Penal Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.