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I. Texas Government Code, Section 124.002(a):
A VTC program is established " for persons arrested for, charged with, convicted of, or placed on deferred adjudication community supervision for any misdemeanor or felony offense. A defendant is eligible to participate in a veterans treatment court program [...] only if the attorney representing the state consents to the defendant's participation in the program[.]" Texas Government Code, sec. 124.002(a)(emphasis added).
II. “Any (adjective): every – used to indicate one selected without restriction." - Merriam-Webster
The plain language of Section 124.002(a), Government Code, evinces clear legislative intent to allow justice-involved veterans with “any” misdemeanor or felony offense to participate in a VTC program. Moreover, the Legislature knows how to create expressed exceptions to eligibility when it wishes to do so.[1] It did not, however, choose to create an exception here.[2][3]
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[1]. E.g., Tex. Gov’t Code § 508.149 (mandatory supervision release); Tex. Code Crim. Proc. arts. 42A.102(a)-(b)(1)-(4) (deferred adjudication community supervision), 42A.054(a)-(d) (community supervision), 55.01(a-1), (c) (expungement of criminal record); Tex. Hum. Resources Code § 33.018(b)-(c) (supplemental nutrition assistance program); Tex. Occ. Code §§§ 164.102 (physician probation), 1704.153 (bail bond license), 2001.207 (distributor’s license); just to name a few.
[2]. See, Cameron v. Terrell & Garrett, Inc., 618 S.W.2d 535, 540 (Tex.1981) (stating that if the legislature intended for a particular statute to impose certain restrictions, the legislature could have easily done so; the fact that the legislature did not do so suggests that it intended not to do so).
[3]. Notably, during the 88th Texas Legislative session, H.B. 2864 and H.B. 3882 were introduced, but failed to pass to become law, that would have addressed the issue of granting the state's attorney unfettered discretion. Significantly, H.B. 3882's Bill Analysis noted that, "The Director of Government and Legislative Affairs with Texas Citizens United for Rehabilitation of Errants (C.U.R.E.) has brought up the fact that state law relating to veterans treatment court programs restricts participation in these programs to defendants to whom the state's attorney consents, provided the court makes the requisite findings in the case. When the state's attorney has complete power to grant or deny a veteran access to these programs, there can be conflicts of interest at the expense of veterans who are otherwise eligible and could benefit from participating in a treatment program."