(a) A judge shall waive the educational requirement under Article 42A.403 or 42A.404 for a defendant who is required to receive treatment as a resident of a substance abuse treatment facility as a condition of community supervision if the defendant successfully completes education while the defendant is confined to the residential treatment facility.
(b) The Department of State Health Services shall approve education provided at substance abuse treatment facilities.

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Terms Used In Texas Code of Criminal Procedure 42A.4045

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011

(c) The executive commissioner of the Health and Human Services Commission shall adopt rules to implement this article.
(d) For purposes of this article, a substance abuse treatment facility includes:
(1) a substance abuse felony punishment facility operated by the Texas Department of Criminal Justice under § 493.009, Government Code;
(2) a community corrections facility, as defined by § 509.001, Government Code; or
(3) a chemical dependency treatment facility licensed under Chapter 464, Health and Safety Code.

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