By: Hinojosa S.B. No. 1070
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to allowing certain defendants to successfully complete
  education at a substance abuse treatment facility in lieu of
  attending an education program; changing required conditions of
  community supervision for certain defendants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 13, Article 42.12, Code of Criminal
  Procedure, is amended by amending Subsections (h) and (j) and
  adding Subsection (o) to read as follows:
         (h)  If a person convicted of an offense under Sections
  49.04-49.08, Penal Code, is placed on community supervision, the
  judge shall require, as a condition of the community supervision,
  that the defendant attend and successfully complete before the
  181st day after the day community supervision is granted an
  educational program jointly approved by the Department of State
  Health Services [Texas Commission on Alcohol and Drug Abuse], the
  Department of Public Safety, the Traffic Safety Section of the
  Texas Department of Transportation, and the community justice
  assistance division of the Texas Department of Criminal Justice
  designed to rehabilitate persons who have driven while
  intoxicated.  The executive commissioner of the Health and Human
  Services [Texas] Commission [on Alcohol and Drug Abuse] shall
  publish the jointly approved rules and the Department of State
  Health Services shall monitor, coordinate, and provide training to
  persons providing the educational programs.  The Department of
  State Health Services [Texas Commission on Alcohol and Drug Abuse]
  is responsible for the administration of the certification of
  approved educational programs and may charge a nonrefundable
  application fee for the initial certification of approval and for
  renewal of a certificate. The judge may waive the educational
  program requirement or may grant an extension of time to
  successfully complete the program that expires not later than one
  year after the beginning date of the person's community
  supervision, however, if the defendant by a motion in writing shows
  good cause.  In determining good cause, the judge may consider but
  is not limited to:  the defendant's school and work schedule, the
  defendant's health, the distance that the defendant must travel to
  attend an educational program, and the fact that the defendant
  resides out of state, has no valid driver's license, or does not
  have access to transportation.  The judge shall waive the
  educational program requirement if the defendant successfully
  completes equivalent education at a residential treatment facility
  under Subsection (o).  The judge shall set out in the judgment the
  finding of good cause for waiver or the finding that the defendant
  has successfully completed equivalent education as provided by
  Subsection (o), as applicable [in the judgment].  If a defendant is
  required, as a condition of community supervision, to attend an
  educational program or if the court waives the educational program
  requirement or the defendant successfully completes equivalent
  education under Subsection (o), the court clerk shall immediately
  report that fact to the Department of Public Safety, on a form
  prescribed by the department, for inclusion in the person's driving
  record.  If the court grants an extension of time in which the
  person may complete the program, the court clerk shall immediately
  report that fact to the Department of Public Safety on a form
  prescribed by the department.  The report must include the
  beginning date of the person's community supervision.  Upon the
  person's successful completion of the educational program, the
  person's instructor shall give notice to the Department of Public
  Safety for inclusion in the person's driving record and to the
  community supervision and corrections department.  The community
  supervision and corrections department shall then forward the
  notice to the court clerk for filing.  Upon release from a
  residential treatment facility at which the person successfully
  completed equivalent education under Subsection (o), at the request
  of the court clerk, the director of the residential treatment
  facility shall give notice to the Department of Public Safety for
  inclusion in the person's driving record.  If the Department of
  Public Safety does not receive notice that a defendant required to
  complete an educational program has successfully completed the
  program within the period required by this section, as shown on
  department records, the department shall revoke the defendant's
  driver's license, permit, or privilege or prohibit the person from
  obtaining a license or permit, as provided by Sections 521.344(e)
  and (f), Transportation Code.  The Department of Public Safety may
  not reinstate a license suspended under this subsection unless the
  person whose license was suspended makes application to the
  department for reinstatement of the person's license and pays to
  the department a reinstatement fee of $100.  The Department of
  Public Safety shall remit all fees collected under this subsection
  to the comptroller for deposit in the general revenue fund.  This
  subsection does not apply to a defendant if a jury recommends
  community supervision for the defendant and also recommends that
  the defendant's driver's license not be suspended.
         (j)  The judge shall require a defendant who is punished
  under Section 49.09, Penal Code, as a condition of community
  supervision, to attend and successfully complete an educational
  program for repeat offenders approved by the Department of State
  Health Services [Texas Commission on Alcohol and Drug Abuse]. The
  executive commissioner of the Health and Human Services [Texas]
  Commission [on Alcohol and Drug Abuse] shall adopt rules and the
  Department of State Health Services shall monitor, coordinate, and
  provide training to persons providing the educational programs.
  The Department of State Health Services [Texas Commission on
  Alcohol and Drug Abuse] is responsible for the administration of
  the certification of approved educational programs and may charge a
  nonrefundable application fee for initial certification of
  approval or for renewal of the certification. The judge may waive
  the educational program requirement [only] if the defendant by a
  motion in writing shows good cause. In determining good cause, the
  judge may consider the defendant's school and work schedule, the
  defendant's health, the distance that the defendant must travel to
  attend an educational program, and whether the defendant resides
  out of state or does not have access to transportation. The judge
  shall waive the educational program requirement if the defendant
  successfully completes equivalent education at a residential
  treatment facility under Subsection (o).  The judge shall set out in
  the judgment the finding of good cause for waiver or the finding
  that the defendant has successfully completed equivalent education
  as provided by Subsection (o), as applicable [in the judgment].  If
  a defendant is required, as a condition of community supervision,
  to attend an educational program, the court clerk shall immediately
  report that fact to the Department of Public Safety, on a form
  prescribed by the department, for inclusion in the defendant's
  driving record. The report must include the beginning date of the
  defendant's community supervision. On the defendant's successful
  completion of the educational program for repeat offenders, the
  defendant's instructor shall give notice to the Department of
  Public Safety for inclusion in the defendant's driving record and
  to the community supervision and corrections department. The
  community supervision and corrections department shall then
  forward the notice to the court clerk for filing. If the Department
  of Public Safety does not receive notice that a defendant required
  to complete an educational program has successfully completed the
  program for repeat offenders within the period required by the
  judge, as shown on department records, the department shall revoke
  the defendant's driver's license, permit, or privilege or prohibit
  the defendant from obtaining a license or permit, as provided by
  Sections 521.344(e) and (f), Transportation Code.
         (o)  A judge shall waive the educational requirement under
  Subsection (h) or (j) for a defendant who is required to receive
  treatment as a resident of a substance abuse treatment facility as a
  condition of community supervision if the defendant successfully
  completes equivalent education while the defendant is confined to
  the residential treatment facility. The Department of State Health
  Services shall approve equivalent education provided at substance
  abuse treatment facilities and the executive commissioner of the
  Health and Human Services Commission shall adopt rules to implement
  this subsection. For purposes of this subsection, a substance
  abuse treatment facility includes:
               (1)  a substance abuse treatment facility or substance
  abuse felony punishment facility operated by the Texas Department
  of Criminal Justice under Section 493.009, Government Code;
               (2)  a community corrections facility, as defined by
  Section 509.001, Government Code; or
               (3)  a chemical dependency treatment facility licensed
  under Chapter 464, Health and Safety Code.
         SECTION 2.  Sections 521.374, 521.375, and 521.376,
  Transportation Code, are amended to read as follows:
         Sec. 521.374.  EDUCATIONAL PROGRAM OR EQUIVALENT EDUCATION.
  (a)  A person whose license is suspended under Section 521.372 may:
               (1)  attend an educational program, approved by the
  Department of State Health Services [Texas Commission on Alcohol
  and Drug Abuse] under rules adopted by the executive commissioner
  of the Health and Human Services Commission [commission] and the
  department, that is designed to educate persons on the dangers of
  drug abuse; or
               (2)  successfully complete education on the dangers of
  drug abuse approved by the Department of State Health Services as
  equivalent to the educational program described by Subdivision (1),
  while the person is a resident of a facility for the treatment of
  drug abuse or chemical dependency, including:
                     (A)  a substance abuse treatment facility or
  substance abuse felony punishment facility operated by the Texas
  Department of Criminal Justice under Section 493.009, Government
  Code;
                     (B)  a community corrections facility, as defined
  by Section 509.001, Government Code; or
                     (C)  a chemical dependency treatment facility
  licensed under Chapter 464, Health and Safety Code.
         (b)  The period of suspension or prohibition under Section
  521.372(c) continues for an indefinite period until the individual
  successfully completes the educational program or is released from
  the residential treatment facility at which the individual
  successfully completed equivalent education, as applicable.
         Sec. 521.375.  JOINT ADOPTION OF RULES. (a)  The executive
  commissioner of the Health and Human Services [Texas] Commission
  [on Alcohol and Drug Abuse] and the department shall jointly adopt
  rules for the qualification and approval of:
               (1)  providers of educational programs under Section
  521.374(a)(1); and 
               (2)  equivalent education provided in a residential
  treatment facility described by Section 521.374(a)(2) [521.374].
         (b)  The Department of State Health Services [Texas
  Commission on Alcohol and Drug Abuse] shall publish the jointly
  adopted rules.
         Sec. 521.376.  DUTIES OF DEPARTMENT OF STATE HEALTH SERVICES
  [TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE]; APPLICATION AND
  RENEWAL FEES. The Department of State Health Services [Texas
  Commission on Alcohol and Drug Abuse]:
               (1)  shall monitor, coordinate, and provide training
  to:
                     (A)  persons who provide educational programs
  under Section 521.374(a)(1) [521.374]; and
                     (B)  residential treatment facilities described
  by Section 521.374(a)(2) providing equivalent education;
               (2)  shall administer the approval of the [those]
  educational programs and the equivalent education provided in a
  residential treatment facility; and
               (3)  may charge a nonrefundable application fee to the
  provider of an educational program under Section 521.374(a)(1) for:
                     (A)  initial certification of approval; and
                     (B)  renewal of the certification.
         SECTION 3.  Section 521.377(a), Transportation Code, is
  amended to read as follows:
         (a)  The department, on payment of the applicable fee, shall
  reinstate a person's license or, if the person otherwise qualifies
  for a license, issue the license, if:
               (1)  the department receives notification from the
  clerk of the court in which the person was convicted that the person
  has successfully completed an educational program under Section
  521.374(a)(1) or equivalent education in a residential treatment
  facility under Section 521.374(a)(2) [this subchapter]; and
               (2)  the person's driver's license has been suspended
  or license application denied for at least the period provided by
  Section 521.372(c).
         SECTION 4.  (a)  The change in law made by this Act to
  Section 13, Article 42.12, Code of Criminal Procedure, applies to a
  defendant placed on community supervision on or after the effective
  date of this Act, regardless of whether the offense for which the
  defendant was placed on community supervision occurred before, on,
  or after that date.
         (b)  The change in law made by this Act to Subchapter P,
  Chapter 521, Transportation Code, applies to a person whose
  driver's license is suspended on final conviction of an offense on
  or after the effective date of this Act, regardless of whether the
  offense occurred before, on, or after that date.
         SECTION 5.  This Act takes effect September 1, 2015.