Beasley v. Molett
In Beasley v. Molett, 95 S.W.3d 590 (Tex. App.--Beaumont 2002, pet. denied), the Beaumont Court of Appeals examined sections 841.082 and 841.085 of the health and safety code. 95 S.W.3d at 607-609.
In that case, the defendant asserted that section 841.085 of the health and safety code--when read in conjunction with section 841.082(a)(9)--violated the separation of powers doctrine. Id.
Specifically, he claimed that the separation of powers doctrine was violated because the trial judge had the authority to impose requirements the judge deemed necessary, thus granting the judge the power to create a third-degree felony. Id.
The Beaumont Court of Appeals rejected Beasley's argument, holding that the legislature did not delegate its authority to create third-degree felonies to the trial court. Id. at 609.
The court reasoned that the legislature authorized the trial courts to impose requirements necessary to ensure compliance with the treatment and supervision of the committed person and to ensure the public's safety. Id.
The court reasoned that it is the legislature that determined that violations of any of the statutory requirements, including those necessary requirements specified by the judge, are third-degree felonies. Id.