Tex. Code Crim. Proc. art. 42A.551 · Subchapter L. STATE JAIL FELONY COMMUNITY SUPERVISION
PLACEMENT ON COMMUNITY SUPERVISION; EXECUTION OF SENTENCE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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) or to which Article 42A.515 applies, 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.
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.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 2.02, eff. September 1, 2019.
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 fab336a6de44fc4e761def0539a57b0b96f4b47929b00bdc29a744916c884ab1
- 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.
Code of Criminal Procedure
Health and Safety Code
- Tex. Health & Safety Code § 481.115OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1 OR 1-B.Printed as 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
- Tex. Health & Safety Code § 481.1151OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 1-A.Printed as 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 | Section 481.1151(b)(1), Health and Safety Code
- Tex. Health & Safety Code § 481.116OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2.Printed as 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
- Tex. Health & Safety Code § 481.1161OFFENSE: POSSESSION OF SUBSTANCE IN PENALTY GROUP 2-A.Printed as 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 | Section 481.1161(b)(3), Health and Safety Code
- Tex. Health & Safety Code § 481.121OFFENSE: POSSESSION OF MARIHUANA.Printed as 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 | Section 481.121(b)(3), Health and Safety Code
- Tex. Health & Safety Code § 481.129OFFENSE: FRAUD.Printed as 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
Cited by 4 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 42A.551. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 42A.056LIMITATION ON JURY-RECOMMENDED COMMUNITY SUPERVISION.Printed as Article 42A.551
- Tex. Code Crim. Proc. art. 42A.552REVIEW OF PRESENTENCE REPORT.Printed as Article 42A.551(d)
- Tex. Code Crim. Proc. art. 42A.554CONDITIONS OF COMMUNITY SUPERVISION.Printed as Article 42A.551(a) | Article 42A.551(d)
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