By Zaffirini S.B. No. 196 75R938 CAG-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the ability of the Texas Commission on Alcohol and Drug 1-3 Abuse to charge a fee for the certification of certain education 1-4 programs for repeat offenders. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 13(j), Article 42.12, Code of Criminal 1-7 Procedure, is amended to read as follows: 1-8 (j) The judge shall require a defendant who is punished 1-9 under Section 49.09, Penal Code, as a condition of community 1-10 supervision, to attend and successfully complete an educational 1-11 program for repeat offenders approved by the Texas Commission on 1-12 Alcohol and Drug Abuse. The Texas Commission on Alcohol and Drug 1-13 Abuse shall adopt rules and shall monitor, coordinate, and provide 1-14 training to persons providing the educational programs. The Texas 1-15 Commission on Alcohol and Drug Abuse is responsible for the 1-16 administration of the certification of approved educational 1-17 programs and may charge a nonrefundable application fee for the 1-18 initial certification of the program or for renewal of the 1-19 certification. The judge may waive the educational program 1-20 requirement only if the defendant by a motion in writing shows good 1-21 cause. In determining good cause, the judge may consider the 1-22 defendant's school and work schedule, the defendant's health, the 1-23 distance that the defendant must travel to attend an educational 1-24 program, and whether the defendant resides out of state or does not 2-1 have access to transportation. The judge shall set out the finding 2-2 of good cause in the judgment. If a defendant is required, as a 2-3 condition of community supervision, to attend an educational 2-4 program, the court clerk shall immediately report that fact to the 2-5 Department of Public Safety, on a form prescribed by the 2-6 department, for inclusion in the defendant's driving record. The 2-7 report must include the beginning date of the defendant's community 2-8 supervision. On the successful completion of the educational 2-9 program for repeat offenders, the defendant shall give notice to 2-10 the community supervision and corrections department. The 2-11 community supervision and corrections department shall then forward 2-12 the notice to the court clerk. The court clerk shall then report 2-13 the date of successful completion of the educational program to the 2-14 Department of Public Safety for inclusion in the defendant's 2-15 driving record. If the Department of Public Safety does not 2-16 receive notice that a defendant required to complete an educational 2-17 program has successfully completed the program for repeat offenders 2-18 within the period required by the judge, as shown on department 2-19 records, the department shall revoke the defendant's driver's 2-20 license, permit, or privilege or prohibit the defendant from 2-21 obtaining a license or permit, as provided by Section 24(g)(2), 2-22 Chapter 173, Acts of the 47th Legislature, Regular Session, 1941 2-23 (Article 6687b, Vernon's Texas Civil Statutes). 2-24 SECTION 2. The importance of this legislation and the 2-25 crowded condition of the calendars in both houses create an 2-26 emergency and an imperative public necessity that the 2-27 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended, 3-2 and that this Act take effect and be in force from and after its 3-3 passage, and it is so enacted.