Section 42A.257 - Evaluation for Purposes of Alcohol or Drug Rehabilitation(a) The judge shall direct a supervision officer approved by the community supervision and corrections department or the judge, or a person, program, or other agency approved by the Department of State Health Services, to conduct an evaluation to determine the appropriateness of, and a course of conduct necessary for, alcohol or drug rehabilitation for a defendant and to report the results of that evaluation to the judge, if:(1) the judge determines that alcohol or drug abuse may have contributed to the commission of the offense; or(2) the case involves a second or subsequent offense under: (A) Section 49.04, Penal Code, if the offense was committed within five years of the date on which the most recent preceding offense was committed; or(B) Section 49.07 or 49.08, Penal Code, if the offense involved the operation of a motor vehicle and was committed within five years of the date on which the most recent preceding offense was committed.(b) The evaluation must be made: (1) after arrest and before conviction, if requested by the defendant;(2) after conviction and before sentencing, if the judge assesses punishment in the case;(3) after sentencing and before the entry of a final judgment, if the jury assesses punishment in the case; or(4) after community supervision is granted, if the evaluation is required as a condition of community supervision under Article 42A.402.Tex. Code Crim. Proc. § 42A.257
Added by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 770,Sec. 1.01, eff. 1/1/2017.