Texas Attorney General Opinion: JM-1131 Page: 3 of 10
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Mr. Jerry Cunningham - Page 3
(iv) custody facilities and boot
camps;
(v) facilities for offenders
described by Section 1, Article 4413(49a),
Revised Statutes;
(vi) intermediate sanction facili-
ties;
(vii) pre-parole transfer facili-
ties;
(viii) halfway houses; and
(ix) work facilities. (Emphasis
added.)
The terms "substance abuse treatment facilities" and "court
residential treatment facilities," which are included in the
article 42.13 description of "community corrections
facilities," are not statutorily defined. Section 2 of
article 42.131 appears to authorize a local "community
supervision and corrections department" to establish the
types of "community corrections facilities" described in
article 42.13.1
The focus of your inquiry is whether substance abuse
treatment facilities (SATFs) and court residential treatment
facilities (CRTFs), either directly operated by or the
services of which are contracted by local departments, must
be licensed by the Commission on Alcohol and Drug Abuse.
Provisions for the commission's licensure of certain
i. Section 3 of article 42.131 provides that a
department "may establish community corrections facilities
of the types described by section 5, Article 42.13."
Section 5 of article 42.13 does not, however, appear to
describe "types of facilities." Rather, it authorizes the
community justice assistance division to take certain
actions regarding the establishment of community corrections
facilities (g~g , develop standards, fund contracts, etc.).
We think it apparent that the intent of section 3 of article
42.131 is, in effect, to authorize a department to establish
the "types of facilities" listed in section 6, subsection
(b), of article 42.13, quoted above.p. 5951
(JM-1131)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1131, text, December 29, 1989; (https://texashistory.unt.edu/ark:/67531/metapth273569/m1/3/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.