AN ACT
1-1 relating to certain permissible conditions of placement on deferred
1-2 disposition for offenses involving the use of alcohol, a controlled
1-3 substance, or drugs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (3), Article 45.54, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (3) During the [said] deferral period, the justice may
1-8 require the defendant to:
1-9 (a) post a bond in the amount of the fine assessed to
1-10 secure payment of the fine;
1-11 (b) pay restitution to the victim of the offense in an
1-12 amount not to exceed the fine assessed;
1-13 (c) submit to professional counseling;
1-14 (d) comply with any other reasonable condition; [and]
1-15 (e) require the defendant to successfully complete a
1-16 Texas [Central] Education Agency approved driving safety course,
1-17 if:
1-18 (1) the offense alleged is an offense involving
1-19 the operation of a motor vehicle, other than a commercial motor
1-20 vehicle, as defined in Section 522.003, Transportation Code
1-21 [Subdivision (6), Section 3, Texas Commercial Driver's License Act
1-22 (Article 6687b-2, Revised Statutes)]; and
1-23 (2) the defendant has not completed an approved
1-24 driving safety course within the preceding 12 months;
2-1 (f) submit to diagnostic testing for alcohol or a
2-2 controlled substance or drug;
2-3 (g) submit to a psychosocial assessment;
2-4 (h) participate in an alcohol or drug abuse treatment
2-5 or education program; and
2-6 (i) pay the costs of any diagnostic testing,
2-7 psychosocial assessment, or participation in a treatment or
2-8 education program either directly or through the court as court
2-9 costs.
2-10 SECTION 2. This Act takes effect September 1, 1999.
2-11 SECTION 3. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 185 passed the Senate on
April 29, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 185 passed the House on
May 19, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor