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.