Texas Code of Criminal Procedure

Art. Art. 42A.409
Community Supervision for Enhanced Public Intoxication Offense


On conviction of an offense punishable as a Class C misdemeanor under Section 49.02 (Public Intoxication), Penal Code, for which punishment is enhanced under Section 12.43 (Penalties for Repeat and Habitual Misdemeanor Offenders)(c), Penal Code, based on previous convictions under Section 49.02 (Public Intoxication) or 42.01 (Disorderly Conduct), 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.


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:


submit to diagnostic testing for addiction to alcohol or a controlled substance or drug;


submit to a psychological assessment;


if indicated as necessary by testing and assessment, participate in an alcohol or drug abuse treatment or education program; and


pay the costs of testing, assessment, and treatment or education, either directly or as a court cost.
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.

Last accessed
Jun. 7, 2021