Tex. Code Crim. Proc. art. 42A.409 · Subchapter I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION OFFENSES
COMMUNITY SUPERVISION FOR ENHANCED PUBLIC INTOXICATION OFFENSE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
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 ca8acec476147d4b50118ad3ffb4666b890f511ff416c2eeefd5c81dbd3672c5
- 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 § 12.43PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR OFFENDERS.Printed as Section 12.43(c), Penal Code
- Tex. Penal Code § 42.01DISORDERLY CONDUCT.Printed as Section 49.02 or 42.01, Penal Code
- Tex. Penal Code § 49.02PUBLIC INTOXICATION.Printed as Section 49.02 or 42.01, Penal Code | Section 49.02, 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.