Tex. Code of Criminal Procedure § 42A.257
This is the official text of Tex. Code of Criminal Procedure § 42A.257, part of Texas’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Texas.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 42A.257. EVALUATION FOR PURPOSES OF ALCOHOL OR DRUG REHABILITATION.
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
Dealing with a criminal defense matter in Texas?
See all Texas Criminal Defense lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.