1. (a) Notwithstanding any other provision of this subchapter, the department, with the approval of the board, may designate one or more state jail felony facilities to treat inmates who are eligible for confinement in a substance abuse felony punishment facility under Section 493.009 or to house inmates who are sentenced to imprisonment in the institutional division, but only if the designation does not deny placement in a state jail felony facility of defendants required to serve terms of confinement in a facility following conviction of state jail felonies. The department may not house in a state jail felony facility an inmate who:

   1. (1) has a history of or has shown a pattern of violent or assaultive behavior in county jail or a facility operated by the department; or
   2. (2) will increase the likelihood of harm to the public if housed in the facility.
2. (b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 126 (H.B. 719), Sec. 9(2), eff. September 1, 2021.
3. (c) The responsibility of the department to provide substance abuse felony punishment facilities is governed by the General Appropriations Act and Section 493.009. This section does not affect the responsibility of the department to provide substance abuse felony punishment facilities.

Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.07, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.098, 1.113, eff. Sept. 1, 1995;

Acts 1997, 75th Leg., ch. 488, Sec. 5, eff. Sept. 1, 1997.

Acts 2021, 87th Leg., R.S., Ch. 126 (H.B. 719), Sec. 6, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 126 (H.B. 719), Sec. 9(2), eff. September 1, 2021.

Acts 2023, 88th Leg., R.S., Ch. 831 (H.B. 2201), Sec. 1, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 1022 (S.B. 2405), Sec. 66, eff. September 1, 2025.