The Office of Attorney General of Texas was asked "about the maximum allowable period of deferred adjudication community supervision for a third degree felony under either Title 7 of the Penal Code or Chapter 481 of the Health and Safety Code."
The OAG concluded that, "[u]nder article 42A.053 of the Code of Criminal Procedure, the maximum period of regular community supervision for a third degree felony under either Title 7, Penal Code or Chapter 481, Health and Safety Code is five years. Under article 42A.103, the maximum period of deferred adjudication community supervision for all felonies is ten years. Articles 42A.053 and 42A.103 do not conflict. The maximum allowable period of deferred adjudication community supervision for a felony, including a third degree felony under either Title 7 of the Penal Code or Chapter 481 of the Health and Safety Code, is ten years."
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