Texas § 462.081 COMMITMENT BY COURTS IN CRIMINAL PROCEEDINGS; ALTERNATIVE SENTENCING.

Texas Statutes

§ 462.081 — COMMITMENT BY COURTS IN CRIMINAL PROCEEDINGS; ALTERNATIVE SENTENCING.

Texas § 462.081

Code HSHealth and Safety Code

This text of Texas § 462.081 (COMMITMENT BY COURTS IN CRIMINAL PROCEEDINGS; ALTERNATIVE SENTENCING.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Health and Safety Code Code Ann. § 462.081 (2026).

Text

Sec. 462.081. COMMITMENT BY COURTS IN CRIMINAL PROCEEDINGS; ALTERNATIVE SENTENCING.

(a)Except as provided by Section 462.080 (b), the judge of a court with jurisdiction of misdemeanor cases may remand the defendant to a treatment facility approved by the commission to accept court commitments for care and treatment for at least 30 days but not more than 90 days, instead of incarceration or fine, if:

(1)the court or a jury has found the defendant guilty of an offense classified as a Class A or B misdemeanor;

(2)the court finds that the offense resulted from or was related to the defendant's chemical dependency;

(3)a treatment facility approved by the commission is available to treat the defendant; and

(4)the treatment facility agrees in writing to admit the defendant under this section

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Sec. 462.081. COMMITMENT BY COURTS IN CRIMINAL PROCEEDINGS; ALTERNATIVE SENTENCING. (a) Except as provided by Section 462.080 (b), the judge of a court with jurisdiction of misdemeanor cases may remand the defendant to a treatment facility approved by the commission to accept court commitments for care and treatment for at least 30 days but not more than 90 days, instead of incarceration or fine, if:
(1) the court or a jury has found the defendant guilty of an offense classified as a Class A or B misdemeanor;
(2) the court finds that the offense resulted from or was related to the defendant's chemical dependency;
(3) a treatment facility approved by the commission is available to treat the defendant; and
(4) the treatment facility agrees in writing to admit the defendant under this section.
(b) A defendant who, in the opinion of the court, is a person with mental illness is not eligible for sentencing under this section.
(c) The court's sentencing order is a final conviction, and the order may be appealed in the same manner as appeals are made from other judgments of that court.
(d) Except as provided by Section 462.080 (b), a juvenile court may remand a child to a treatment facility for care and treatment for at least 30 days but not more than 90 days after the date on which the child is remanded if:
(1) the court finds that the child has engaged in delinquent conduct or conduct indicating a need for supervision and that the conduct resulted from or was related to the child's chemical dependency;
(2) a treatment facility approved by the commission to accept court commitments is available to treat the child; and
(3) the facility agrees in writing to receive the child under this section.

Legislative History

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 175, eff. Sept. 1, 1991. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.1178, eff. April 2, 2015. Acts 2025, 89th Leg., R.S., Ch. 716 (H.B. 171 ), Sec. 7, eff. September 1, 2025.