Texas Attorney General Opinion: GA-0593 Page: 6 of 7
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The Honorable Jesusa Sanchez-Vera - Page 6
42.12, 22(a)(3), (d) (Vernon Supp. 2007).1o The increase is to be used "for the same purposes for
which state aid may be used under Chapter 76, Government Code," which governs CSCDs generally.
See id. 22(d); see also TEX. GOV'T CODE ANN. 76.001-.018 (Vernon 2005 & Supp. 2006)
(chapter 76).
A condition requiring a defendant to pay "court costs" under section 11 (b) is limited to costs
expressly authorized by law. See Busby v. State, 951 S.W.2d 928, 930 (Tex. App.-Austin 1997)
(holding that "the matter of costs in criminal cases is purely statutory" and that a district judge "may
not impose a cost for a service for which a cost is not expressly provided by law"), aff'd, 984 S.W.2d
627, 630 (Tex. Crim. App. 1998). And the authority to require payment as "restitution to the victim"
is limited to the stated purpose. See Uresti v. State, 98 S.W.3d 321, 337 (Tex. App.-Houston [1st
Dist.] 2003, no pet.) (holding that Houston police department was not a "victim" authorized to
receive restitution of its investigation expenses).
No court has precisely defined what payments a defendant may be required to pay as
"conditions related personally to the rehabilitation of the defendant" under section 11(b). Several
of the conditions authorized in section 11 would seem to qualify. See, e.g., TEX. CODE CRIM. PROC.
ANN. art. 42.12, 11 (a)(15) (Vernon Supp. 2007) (condition requiring a defendant to participate
in substance abuse counseling sessions or treatment services), 11 (i) (condition requiring certain sex
offenders to submit to and pay for treatment, specialized supervision, or rehabilitation), 13(d)
(condition requiring defendant convicted of DWI offense to participate and pay for a prescribed
course of conduct necessary for the rehabilitation of the defendant's drug or alcohol dependence
condition). A condition requiring a payment for general purposes of the county or a CSCD likely
would not be sustained as a payment "related personally to the rehabilitation of the defendant" under
section 11(b). Id. 11(b); cf Keith v. State, 916 S.W.2d 602, 608 (Tex. App.-Amarillo 1996, no
pet.) (holding that requirement that defendant convicted of indecency with child pay $1,000 to
Abused Children's Counseling Fund was not authorized under section 11(b)).
1oSection 21 provides for a hearing on warrant for violation of any of the conditions of probation. See TEX.
CODE CRIM. PROC. ANN. art. 42.12, 21 (Vernon Supp. 2007).(GA-0593)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0593, text, January 17, 2008; (https://texashistory.unt.edu/ark:/67531/metapth275489/m1/6/: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.