SECTION 2. The following provisions of enacted codes
are renumbered or relettered and appropriate cross-references
are changed to eliminate duplicate citations or to
relocate misplaced provisions:
* * *
(6) Article 17.47, Code of Criminal Procedure, as added
by Chapter 2, Acts of the 77th Legislature, Regular
Session, 2001, is renumbered as Article 17.48, Code
of Criminal Procedure.
(7) Article 38.39, Code of Criminal Procedure, as added
by Chapter 1411, Acts of the 77th Legislature, Regular
Session, 2001, is renumbered as Article 38.40, Code
of Criminal Procedure.
(8) Article 45.054, Code of Criminal Procedure, as
added by Chapter 1297, Acts of the 77th Legislature,
Regular Session, 2001, is renumbered as Article 45.060,
Code of Criminal Procedure.
(9) Subsection (h), Article 59.02, Code of Criminal
Procedure, as added by Chapter 438, Acts of the 77th
Legislature, Regular Session, 2001, is relettered as
Subsection (i), Article 59.02, Code of Criminal Procedure.
(10) Article 62.061, Code of Criminal Procedure, as
added by Chapter 1193, Acts of the 76th Legislature,
Regular Session, 1999, and Chapter 1415, Acts of the
76th Legislature, Regular Session, 1999, is renumbered
as Article 62.063, Code of Criminal Procedure.
* * *
(51) Section 51.101, Family Code, as added by Chapter
906, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 51.102, Family Code.
(52) Section 154.013, Family Code, as added by Chapter
1491, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 154.014, Family Code.
(53) Section 231.011, Family Code, as added by Chapter
228, Acts of the 76th Legislature, Regular Session,
1999, is renumbered as Section 231.010, Family Code.
(54) Section 263.405, Family Code, as added by Chapter
809, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 263.407, Family Code.
* * *
(116) Subsection (g), Section 42.09, Penal Code, as
added by Chapter 450, Acts of the 77th Legislature,
Regular Session, 2001, is relettered as Subsection
(i), Section 42.09, Penal Code.
(117) Subsection (g), Section 49.09, Penal Code, as
added by Chapter 969, Acts of the 77th Legislature,
Regular Session, 2001, is relettered as Subsection
(h), Section 49.09, Penal Code.
* * *
SECTION 3. The following reference changes are made
to conform the provisions amended to the renumbering
changes made by Section 2 of this Act, and section
headings are added as appropriate:
* * *
(3) Subsections (a) and (g), Section 13, Article 42.12,
Code of Criminal Procedure, are amended to read as
follows:
(a) A judge granting community supervision to a defendant
convicted of an offense under Chapter 49, Penal Code,
shall require as a condition of community supervision
that the defendant submit to:
(1) not less than three days of confinement in county
jail if the defendant was punished under Section 49.09(a);
not less than five days of confinement in county jail
if the defendant was punished under Section 49.09(a)
and was subject to Section 49.09(h) [49.09(g)];
not less than 10 days of confinement in county jail
if the defendant was punished under Section 49.09(b)
or (c); or not less than 30 days of confinement in
county jail if the defendant was convicted under Section
49.07; and
(2) an evaluation by a supervision officer or by a
person, program, or facility approved by the Texas
Commission on Alcohol and Drug Abuse for the purpose
of having the facility prescribe and carry out a course
of conduct necessary for the rehabilitation of the
defendant's drug or alcohol dependence condition.
(g) A jury that recommends community supervision for
a person convicted of an offense under Sections 49.04-49.08,
Penal Code, may recommend that any driver's license
issued to the defendant under Chapter 521, Transportation
Code, not be suspended. This subsection does not apply
to a person punished under Section 49.09(a) or (b),
Penal Code, and subject to Section 49.09(h)
[49.09(g)] of that code.
(4) Subdivision (7), Article 62.01, Code of Criminal
Procedure, is amended to read as follows:
(7) "Residence" includes a residence established in
this state by a person described by Article 62.063(e)
[62.061(e)].
* * *
(25) Subsection (d), Section 51.08, Family Code, is
amended to read as follows:
(d) A court that has implemented a juvenile case manager
program under Article 45.060 [Article
45.054], Code of Criminal Procedure, may,
but is not required to, waive its original jurisdiction
under Subsection (b)(1).
* * *
SECTION 4. If the number, letter, or designation assigned
by Section 2 of this Act conflicts with a letter, number,
or designation assigned by another Act of the 78th
Legislature:
(1) the other Act controls and the change made by this
Act has no effect; and
(2) any cross-reference change made by Section 3 of
this Act to conform to that change made by Section
2 of this Act has no effect.
SECTION 5. This Act takes effect September 1, 2003.