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Maximum Participation

A UNIQUE EXERIENCE IN LEARNING LAW

A Comparative Analysis & Statutory Interpretation

II. Acts 2011, 82nd Leg., R.S., Ch. 1289 (H.B. 1994), Sec. 1, Eff. June 1, 2012.

I. Acts 2009, 81st Leg., R.S., Ch. 840 (S.B. 1940), Sec. 4, Eff. June 19, 2009.

As originally enacted, the following bills share a common denominator in their statutory scheme related to each program's mandatory duty to either "ensure" or "promote" maximum participation of eligible persons.  

I. Acts 2009, 81st Leg., R.S., Ch. 840 (S.B. 1940), Sec. 4, Eff. June 19, 2009.

II. Acts 2011, 82nd Leg., R.S., Ch. 1289 (H.B. 1994), Sec. 1, Eff. June 1, 2012.

I. Acts 2009, 81st Leg., R.S., Ch. 840 (S.B. 1940), Sec. 4, Eff. June 19, 2009.

Senate Bill No. 1940 provides that, under Section 617.003(b), Health & Safety Code:


"A veterans court program established under this chapter shall make, establish, and publish local procedures to ensure maximum participation of eligible defendants in the county or counties in which those defendants reside." (Emphasis and underscore added).

II. Acts 2011, 82nd Leg., R.S., Ch. 1289 (H.B. 1994), Sec. 1, Eff. June 1, 2012.

II. Acts 2011, 82nd Leg., R.S., Ch. 1289 (H.B. 1994), Sec. 1, Eff. June 1, 2012.

III. Acts 2013, 83rd Leg., R.S., Ch. 1167 (S.B. 484), Sec. 1, Eff. Sept. 1, 2013.

House Bill No. 1994 provides that, under Section 169.003(c), Texas Health & Safety Code:


"A [first offender prostitution prevention] program established under this chapter shall establish and publish local procedures to promote maximum participation of eligible defendants in programs established in the county or municipality in which the defendants reside."  (Emphasis and underscore added)

III. Acts 2013, 83rd Leg., R.S., Ch. 1167 (S.B. 484), Sec. 1, Eff. Sept. 1, 2013.

III. Acts 2013, 83rd Leg., R.S., Ch. 1167 (S.B. 484), Sec. 1, Eff. Sept. 1, 2013.

III. Acts 2013, 83rd Leg., R.S., Ch. 1167 (S.B. 484), Sec. 1, Eff. Sept. 1, 2013.

Senate Bill No.  484 provide that, under Section 169A.003(c), Texas Health & Safety Code:


"A [prostitution prevention] program established under this chapter shall establish and publish local procedures to promote maximum participation of eligible defendants in programs established in the county or municipality in which the defendants reside." (Emphasis and underscore added)

IV. Acts 2017, 85th Leg., R.S., Ch. 369 (H.B. 3391), Sec. 1, Eff. Sept. 1, 2017.

III. Acts 2013, 83rd Leg., R.S., Ch. 1167 (S.B. 484), Sec. 1, Eff. Sept. 1, 2013.

IV. Acts 2017, 85th Leg., R.S., Ch. 369 (H.B. 3391), Sec. 1, Eff. Sept. 1, 2017.

House Bill No. 3391 provides that, under Section 129.004(b), Texas Government Code:


"A public safety employees treatment court program established under this chapter shall make, establish, and publish local procedures to ensure maximum participation of eligible defendants in the county or counties in which those defendants reside." (Emphasis and underscore added).

V. Acts 2021, 87th Leg., R.S., Ch. 141 (H.B. 1706), Sec. 1, Eff. Sept. 1, 2021.

III. Acts 2013, 83rd Leg., R.S., Ch. 1167 (S.B. 484), Sec. 1, Eff. Sept. 1, 2013.

IV. Acts 2017, 85th Leg., R.S., Ch. 369 (H.B. 3391), Sec. 1, Eff. Sept. 1, 2017.

House Bill No. 1706 provides that, under Section 141.003(b), Texas Government Code:


"A sexual assault victim services court program established under this chapter shall make, establish, and publish local procedures to ensure maximum participation of eligible victims in the county." (Emphasis and underscore added)

RETURN

Key Takeaways

 "Significantly, each of the five ACTS listed above expressly set forth the same or similar method that the individual programs are required to utilize to ensure/promote maximum participation by "publishing" their "local procedures" in the county or counties in which those particular individuals reside or located. 

After the passage of S.B. 1940's authorization for the establishment of veterans treatment court programs in 2009, in 2021 S.B. 1093, Section 1,  amended Section 124.003(b), Government Code, to read: 


"Sec. 124.003 [...]. (b) A veterans treatment court program established under this chapter shall make, establish, and publish local procedures to ensure maximum participation of eligible defendants in the program.." (Emphasis added). 

INSIGHTS

Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), § 12.02, eff. September 1, 2021

HOUSE BILL NO. 3774 – “AN ACT relating to the operation and administration of and practice and procedure related to proceedings in the judicial branch of state  government.” – a companion bill to S.B. 1093 authorizing the amendment to Section 124.003(b). H.B. 3774’s bill analysis warned against “going about this process based upon subjective desires” and indicates that “each new court in this bill is justified based on need and supported by workload data provided by the Office of Court Administration. Some of the factors that were considered include caseloads, case backlogs, substantial population growth, objective workload measures, and county support.” BILL ANALYSIS C.S.H.B. 3774, By: Leach, Judiciary & Civil Jurisprudence Committee Report (Substituted). 

I. NOTICE AND MAXIMUM PARTICIPATION

It is a matter of common law that there is nothing new about governmental notice by publication in a county to ensure awareness[1] and maximum participation of the target population.[2] 


--------------------------------------  

[1] See, e.g., Harryman v. State, 53 Tex. Crim. 474, 110 S.W. 926 (1908)(requiring commissioners court to publish in the county a notice of prohibition to sell intoxicating liquor).

[2] See, e.g., Tex. Atty. Gen. Op. MW-358 at 2 (1981)(addressing requirement of county clerk to publish notice about cattle brand registration in a "newspaper of general circulation in the county," the purpose of which was to "ensure maximum public participation.").

RETURN

Although Section 124.003(b) does not expressly provide for the manner of publication, number of times, nor the period during which the publication is required by the specialty court program,[3] it is nonetheless arguable that  (1) the matter is governed by Chapter 2051 of the Government Code , entitled "Government Documents, Publications, and Notice" when, "a specific statute does not specify the manner of publication;"[4] and (2) the statute does not grant discretion.


--------------------------------------

[3] See, Tex. Gov't Code, secs. 129.004(b), 141.003(b); Tex Health & Safety Code, secs. 617.003(b), 169.003(c)(now codified at Government Code, secs. 124.003(b), 126.004(c), respectively).
[4] See, Tex. Atty. Gen. Op. GA-0558, at 7 (2007)(where Sections 2051.041 - .053, Government Code, provide "for notice of publication in a newspaper where a specific statute does not specify the manner of publication."). 

II. THE EFFECT OF S.B. 1093

II. THE EFFECT OF S.B. 1093

II. THE EFFECT OF S.B. 1093

The effect of S.B. 1093 amending Section 124.003(b) is potentially counter-productive by deflating the overall number of justice-involved veterans that participate in a veterans treatment court program. Moreover, it is noticeable that S.B. 1093's substitution of the word "program" for "county or counties in which the [justice-involved veterans] reside" renders the statute absurd.[5] Clearly, there is a distinction between a person who is potentially eligible to participate in a VTC program and a person who is an actual participant. This distinction is made evident by statutory language that relates to allowing "any participant to [some action]"[6] and providing "each participant with [something],"[7] as opposed to "a person eligible for the program [,,,],"[8] and "prompt placement of eligible participant [...]."[9]

 

--------------------------------------  

[5] See, John F. Manning, The Absurdity Doctrine, 116 Harv. L. Rev. 2387, 2420 (2003)(where the United States Supreme Court "has repeatedly reaffirmed the [absurdity] doctrine's legitimacy as a means to effectuate legislation intent and, more importantly, as a qualification to textual interpretation.") .

[6] See, Tex. Gov't Code, secs. 124.003(a)(2), 129.004(a)(2); Tex. Health & Safety Code, sec. 169.003(a)(2).

[7] Id., secs. 124.003(a) & (3); 169.003(a)(3) & (4).

[8] Id., secs. 126.004(a)(1); 169.003(a)(1).

[9] Id., secs. 124.001(a)(3), 126.001(a)(3), 129.004(a)(1). 

III. SUMMARY

II. THE EFFECT OF S.B. 1093

II. THE EFFECT OF S.B. 1093

According to the report on the bill analysis by the Senate Research Center for the Senate Committee on Veteran Affairs & Border Security, S.B. 1093 "amends current law relating to the administration of a veterans treatment court program." When read in conjunction with the intent of H.B. 3774 to ensure that state government has "adequate judicial resources available to address the workload," because it is "critical to ensuring the proper administration of our judiciary,” it is rational to draw a conclusion that S.B. 1093  was “based upon subjective desires” (the very thing H.B. 3774 warned against) effecting factors related to “caseloads, case backlogs, substantial population growth, objective workload measures, and county support."  

The Pilot

I. HOUSE BILL NO.3176

III. "PILOT" PROGRAM: DEFINING COMMONALITY BETEEN S.B. 1093 AND H.B. 4533

II."PILOT" PROGRAM: DEFINING COMMONALITY BETWEEN S.B. 1093 AND H.B. 3176

During the Eighty-Eighth Legislature, H.B. 3176 was introduced and proposed adding a new specialty court program to Chapter 127 of the Government Code. Although H.B. 3176 was neither signed by the Governor nor became law, it would have authorized the establishment of a “youthful offender pilot court program.” Acts 2023, 88th Leg., R.S., (H.B. 3176), Sec. 1, Committee Report Sent to Calendars, April 19, 2023. (Emphasis added).

II."PILOT" PROGRAM: DEFINING COMMONALITY BETWEEN S.B. 1093 AND H.B. 3176

III. "PILOT" PROGRAM: DEFINING COMMONALITY BETEEN S.B. 1093 AND H.B. 4533

II."PILOT" PROGRAM: DEFINING COMMONALITY BETWEEN S.B. 1093 AND H.B. 3176

H.B. 3176 would have added Section 127.003(b), Government Code, stating: “A youthful offender pilot court program established under this chapter shall make, establish, and publish local procedures to ensure maximum participation of eligible defendants in the program,” (emphasis added); the same language used in S.B. 1093, and the only external source language relating to a specialty court program, albeit a potential one, and the phrase, “in the program.”


Significantly, both S.B. 1093 and H.B. 3176 use the same wording to describe the respective programs’ duty and method to ensure maximum participation. 

III. "PILOT" PROGRAM: DEFINING COMMONALITY BETEEN S.B. 1093 AND H.B. 4533

III. "PILOT" PROGRAM: DEFINING COMMONALITY BETEEN S.B. 1093 AND H.B. 4533

III. "PILOT" PROGRAM: DEFINING COMMONALITY BETEEN S.B. 1093 AND H.B. 4533

Because S.B. 1093’s committee reports are absent explanatory information shedding light on the legislative intent behind the substitution of "program" for "in the county or counties in which those defendants reside," and because H.B. 3176 does not shed light on its usage of the phrase "in the program," an examination of a Medicaid "pilot" program's design as another external source is helpful. 

RETURN

INSIGHTS

What is a "pilot" ?

"Pilot projects are a novel approach that allows the exploration of a new idea's viability before its full-scale implementation. This not only saves resources but also aids in achieving objectives more effectively. Pilot programs also provide a platform for experimental work, testing the feasibility and scalability of a standard approach. This includes determining potential outcomes, improving communication, and setting up robust governance structures. Thus, conducting trials through such programs can be instrumental in driving successful projects." - Audrey Ingram, Understanding the Meaning, Purpose, and Importance of a Pilot Program (Update January 8, 2025)(emphasis and underscore added); website: https://www.hellobonsai.com/blog/pilot-program-meaning (accessed 2024). 

An Examination of a Medicaid "Pilot" Program's Design

In 2019, H.B. 4533 -- “AN ACT relating to the administration and operation of Medicaid,”[1]-- amended Section 534.104, Government Code, requiring a Medicaid pilot program’s design to: “(1) increase access to [...] services and supports; (2) improve quality of [...] services and supports; (3) promote [....]; (4) promote [....]; (5) promote efficiency and the best use of funding based on an individual's needs and preferences[.]" (Emphasis and underscore added).

 

--------------------------------------   

[1] Acts 2019, 86th Leg., R.S., Ch. 1330 (H.B. 4533), § 16, eff. September 1, 2019.

Conclusions

I.

III.

II.

The primary objective of Section 124.003(b), Government Code, is to “ensure maximum participation of eligible [justice-involved veterans].” Prior to the 2021 amendment to Section 124.003(b), made by S.B. 1093, the method to accomplish that objective was expressly stated by the Eighty-First Legislature: a veteran treatment court program “shall make, establish, and publish local procedures … in the county or counties in which [justice-involved veterans] reside.” Acts 2009, 81st Leg., R.S., Ch. 840 (S.B. 1940), § 4, Eff. June 19, 2009 (emphasis added). Significantly, the original legislative intent, objective, and method of accomplishment is still applied to the other specialty court programs.

II.

III.

II.

Without the aid of additional resources to help interpret the legislative intent of S.B. 1093’s substitution of “program” for “in the county or counties in which [justice-involved veterans] reside,” the change in law is subtle and hardly noticeable. Indeed, on its face the change could pass for being “minor” or “non-substantive,” and thus escape scrutiny, which appears to have been the case until now. 

III.

III.

III.

In 2019, the Office of Court Administration issued findings or "observations" in a study on specialty courts indicating unreliability or inconsistency in data collection and analysis. In 2021, S.B. 1093 effectively limited the scope or reach of the veterans treatment courts' publication -- meant to "ensure maximum participation" -- to the "program," as opposed to the original legislative intent of "in the county or countries." As such, S.B. 1093 effectively compounds the unreliability and inconsistency in data collection and analysis of veterans treatment courts. 

IV.

IV.

III.

The only logical interpretation of the legislative objective to "ensure maximum participation" implies some sort of effective and continuous publication during the lifetime of the program. Aptly stated, "because the policy and legislative environment [in evidence-based best practices] is constantly in flux, projections must constantly be updated." [n] Hence, the statutory mandate under Section 124.007, Government Code, that the Texas Veterans Commission report annually the number of persons that participate in the veterans treatment court programs and how much funding each program receives. 

V.

IV.

V.

Lacking a clearly expressed legislative intent for S.B. 1093's amendment to Section 124.003(b), when thus viewed in comparison with H.B. 3176's youthful offender pilot program, Medicaid's pilot program design, and in the context of the "cost saving" benefit of a pilot program, the intent of S.B. 1093 is seen as limiting appropriations to veterans treatment courts by ensuring minimum participation of eligible justice-involved veterans, which, on its face, leads to absurd consequences by accomplishing the exact opposite of the statutory requirement to ensure maximum participation. 

RETURN

IV.

V.




BEGIN PROJECT

A unique experience in learning law.

A unique experience in learning law.

A unique experience in learning law.

A unique experience in learning law.

A unique experience in learning law.

A unique experience in learning law.

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