By Barrientos                                          S.B. No. 185
         76R3670 PEP-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain permissible conditions of placement on deferred
 1-3     disposition for offenses involving the use of alcohol, a controlled
 1-4     substance, or drugs.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Article 45.54(3), Code of Criminal Procedure, is
 1-7     amended to read as follows:
 1-8                 (3)  During the [said] deferral period, the justice may
 1-9     require the defendant to:
1-10                       (a)  post a bond in the amount of the fine
1-11     assessed to secure payment of the fine;
1-12                       (b)  pay restitution to the victim of the offense
1-13     in an amount not to exceed the fine assessed;
1-14                       (c)  submit to professional counseling;
1-15                       (d)  comply with any other reasonable condition;
1-16     [and]
1-17                       (e)  require the defendant to successfully
1-18     complete a Texas [Central] Education Agency approved driving safety
1-19     course, if:
1-20                             (1)  the offense alleged is an offense
1-21     involving the operation of a motor vehicle, other than a commercial
1-22     motor vehicle, as defined in Section 522.003, Transportation Code
1-23     [Subdivision (6), Section 3, Texas Commercial Driver's License Act
1-24     (Article 6687b-2, Revised Statutes)]; and
 2-1                             (2)  the defendant has not completed an
 2-2     approved driving safety course within the preceding 12 months;
 2-3                       (f)  submit to diagnostic testing for alcohol or
 2-4     a controlled substance or drug;
 2-5                       (g)  submit to a psychosocial assessment; 
 2-6                       (h)  participate in an alcohol or drug abuse
 2-7     treatment or education program; and
 2-8                       (i)  pay the costs of any diagnostic testing,
 2-9     psychosocial assessment, or participation in a treatment or
2-10     education program either directly or through the court as court
2-11     costs.
2-12           SECTION 2.  This Act takes effect September 1, 1999.
2-13           SECTION 3.  The importance of this legislation and the
2-14     crowded condition of the calendars in both houses create an
2-15     emergency and an imperative public necessity that the
2-16     constitutional rule requiring bills to be read on three several
2-17     days in each house be suspended, and this rule is hereby suspended.