86R21874 SOS-D
 
  By: Guillen H.B. No. 2667
 
  Substitute the following for H.B. No. 2667:
 
  By:  Guillen C.S.H.B. No. 2667
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the licensing and regulation of certain occupations and
  activities; providing administrative penalties; requiring
  occupational licenses; authorizing fees; creating criminal
  offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. COURT-ORDERED EDUCATIONAL PROGRAMS
         SECTION 1.001.  Title 2, Government Code, is amended by
  adding Subtitle M to read as follows:
  SUBTITLE M. COURT PROGRAMS REGULATION
  CHAPTER 171. EDUCATIONAL PROGRAMS REGULATED BY TEXAS DEPARTMENT OF
  LICENSING AND REGULATION
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 171.0001.  DEFINITIONS. In this chapter:
               (1)  "Alcohol educational program for minors" means an
  alcohol awareness program described by Section 106.115, Alcoholic
  Beverage Code.
               (2)  "Certificate of program completion" means a
  uniform, serially numbered certificate that is given by a program
  provider to a participant who successfully completes a
  court-ordered program.
               (3)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (4)  "Court-ordered program" means any of the following
  programs:
                     (A)  the alcohol educational program for minors;
                     (B)  the drug offense educational program;
                     (C)  the intervention program for intoxication;
                     (D)  the intoxication offense educational
  program; or
                     (E)  the responsible pet owner program.
               (5)  "Department" means the Texas Department of
  Licensing and Regulation.
               (6)  "Drug offense educational program" means an
  educational program described by Section 521.374(a)(1),
  Transportation Code.
               (7)  "Executive director" means the executive director
  of the department.
               (8)  "Instructor" means a person licensed by the
  department to instruct a court-ordered program.
               (9)  "Intervention program for intoxication" means an
  educational program described by Article 42A.404, Code of Criminal
  Procedure.
               (10)  "Intoxication offense educational program" means
  an educational program described by Article 42A.403, Code of
  Criminal Procedure.
               (11)  "Participant" means a person who attends a
  court-ordered program.
               (12)  "Program provider" means a person licensed by the
  department to offer or provide a court-ordered program.
               (13)  "Responsible pet owner program" means an
  educational program described by Article 42A.511(a)(1), Code of
  Criminal Procedure.
  SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION, DEPARTMENT, AND
  EXECUTIVE DIRECTOR
         Sec. 171.0051.  GENERAL POWERS AND DUTIES. The commission,
  department, or executive director, as appropriate, shall
  administer and enforce this chapter.
         Sec. 171.0052.  POWERS AND DUTIES OF DEPARTMENT. The
  department shall:
               (1)  prescribe the application form for a license under
  this chapter;
               (2)  evaluate the qualifications of applicants; and
               (3)  enforce minimum standards applicable to program
  providers, instructors, and court-ordered programs.
         Sec. 171.0053.  RULES. (a) The commission shall adopt rules
  necessary to administer and enforce this chapter.
         (b)  The department may consult with other state agencies in
  the development of rules under this section.
         Sec. 171.0054.  FEES. (a) The commission by rule shall set
  fees in amounts that are reasonable and necessary to cover the costs
  of administering and enforcing this chapter, including fees for:
               (1)  the issuance or renewal of a license;
               (2)  the issuance of a certificate of program
  completion or a certificate number; and
               (3)  the curricula and materials used for a
  court-ordered program.
         (b)  A fee imposed by the department under this chapter is
  not refundable.
         (c)  The department or the department's authorized
  representative may collect a fee imposed under this chapter.
         Sec. 171.0055.  CODE OF ETHICS. The commission shall adopt
  and publish a code of ethics for license holders.
         Sec. 171.0056.  ELECTRONIC TRANSMISSION OF PROGRAM
  INFORMATION. The department may develop and implement procedures
  to electronically transmit information regarding court-ordered
  programs to municipal and justice courts.
         Sec. 171.0057.  DIRECTORY. (a) The department shall
  maintain a directory of:
               (1)  program providers;
               (2)  instructors; and
               (3)  court-ordered programs.
         (b)  The department shall make the directory available to the
  public.
         Sec. 171.0058.  MEMORANDUM OF UNDERSTANDING. The department
  may enter into a memorandum of understanding with the Department of
  Public Safety, the Texas Department of Transportation, the Texas
  Department of Criminal Justice, the Health and Human Services
  Commission, the Department of State Health Services, or any other
  appropriate state agency regarding the development of rules,
  curricula, certificates of program completion, or certificate
  numbers for court-ordered programs.
  SUBCHAPTER C. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
         Sec. 171.0101.  COMPLAINTS. (a) Any person may file a
  complaint with the department alleging a violation of this chapter
  or a rule adopted under this chapter.
         (b)  The commission by rule shall establish methods by which
  participants of a court-ordered program are notified of the name,
  mailing address, telephone number, and Internet website address of
  the department for the purpose of directing complaints regarding a
  person or activity regulated under this chapter to the department.
         Sec. 171.0102.  ASSISTANCE WITH FILING COMPLAINT. The
  department shall provide reasonable assistance to a person who
  wishes to file a complaint with the department regarding a person or
  activity regulated under this chapter.
  SUBCHAPTER D. PROGRAM PROVIDER LICENSE REQUIREMENTS
         Sec. 171.0151.  PROGRAM PROVIDER LICENSE REQUIRED. A person
  may not provide or offer to provide a court-ordered program unless
  the person holds a program provider license issued under this
  subchapter for the program.
         Sec. 171.0152.  ELIGIBILITY REQUIREMENTS FOR PROGRAM
  PROVIDER LICENSE. (a) The commission by rule shall establish
  eligibility requirements and criteria for the issuance of a program
  provider license under this chapter.
         (b)  The commission by rule may establish eligibility
  requirements based on:
               (1)  the type of court-ordered program the applicant
  seeks to provide; and
               (2)  the location where a court-ordered program will be
  provided, including the applicant's headquarters and any branch
  locations.
         Sec. 171.0153.  ISSUANCE OF PROGRAM PROVIDER LICENSE. The
  department shall issue a program provider license to an applicant
  who:
               (1)  meets the eligibility requirements and criteria
  established by commission rule;
               (2)  submits a completed application to the department
  on the form prescribed by the department; and
               (3)  pays the nonrefundable license application fee set
  by the commission.
  SUBCHAPTER E. INSTRUCTOR LICENSE REQUIREMENTS AND ISSUANCE
         Sec. 171.0201.  APPLICABILITY. This subchapter applies to
  the following court-ordered programs:
               (1)  the alcohol educational program for minors;
               (2)  the drug offense educational program;
               (3)  the intervention program for intoxication; and
               (4)  the intoxication offense educational program.
         Sec. 171.0202.  INSTRUCTOR LICENSE REQUIRED. (a) A person
  may not instruct or represent that the person is an instructor of a
  court-ordered program to which this subchapter applies unless the
  person holds the appropriate instructor license issued under this
  subchapter.
         (b)  A separate instructor license is required for each
  court-ordered program.
         Sec. 171.0203.  ISSUANCE OF INSTRUCTOR LICENSE. The
  department shall issue an instructor license for a particular
  court-ordered program to an applicant who:
               (1)  meets the eligibility requirements and criteria
  established by commission rule;
               (2)  submits a completed application to the department
  on the form prescribed by the department;
               (3)  submits proof of meeting the education and
  experience requirements of Section 171.0204 or 171.0205, as
  applicable;
               (4)  completes the instructor training course and
  passes the examination required under Section 171.0206;
               (5)  passes a criminal history background check
  conducted by the department; and
               (6)  pays the nonrefundable license application fee set
  by the commission.
         Sec. 171.0204.  REQUIREMENTS FOR CERTAIN ALCOHOL OR DRUG
  RELATED INSTRUCTOR LICENSES. To be eligible for an instructor
  license for an alcohol educational program for minors, intoxication
  offense educational program, or drug offense educational program,
  an applicant must:
               (1)  hold an associate degree or a more advanced degree
  in psychology, sociology, counseling, social work, criminal
  justice, education, nursing, health, or traffic safety;
               (2)  hold a license, registration, or certification
  under Chapter 301, 501, 502, 504, or 505 or Subtitle B, Title 3,
  Occupations Code, or under Subchapter B, Chapter 21, Education
  Code;
               (3)  have sufficient experience, as specified by rule,
  as a parole or community supervision officer or adult or child
  protective services caseworker;
               (4)  have at least one year of documented experience in
  substance abuse or mental health case management; or
               (5)  have at least one year of education relating to
  substance abuse or mental health.
         Sec. 171.0205.  REQUIREMENTS FOR INTERVENTION PROGRAM FOR
  INTOXICATION INSTRUCTOR LICENSE. To be eligible for an instructor
  license for the intervention program for intoxication, an applicant
  must:
               (1)  either:
                     (A)  hold a license or registration under Chapter
  501, 502, 504, or 505 or Subtitle B, Title 3, Occupations Code; or
                     (B)  hold an associate degree or a more advanced
  degree in psychology, sociology, counseling, social work, criminal
  justice, education, nursing, or health; and
               (2)  have at least two years of documented experience
  providing direct client services to persons with substance abuse
  disorders or mental illness.
         Sec. 171.0206.  INSTRUCTOR TRAINING COURSE; EXAMINATION.
  (a) The commission by rule shall establish the requirements for the
  instructor training course and examination.
         (b)  The department or the department's authorized
  representative shall provide the training course and administer
  examinations for applicants for an instructor license.
         (c)  The commission may adopt rules to provide for the
  reexamination of an applicant who fails the examination.
         (d)  The department or the department's authorized
  representative may charge a fee as set by commission rule for the
  instructor training course, any training materials, and the
  examination.
  SUBCHAPTER F. RESTRICTIONS ON LICENSE
         Sec. 171.0251.  LICENSE NOT TRANSFERABLE. A license issued
  under this chapter is not transferable or assignable.
         Sec. 171.0252.  LICENSE ONLY FOR ISSUED PROGRAM. A license
  issued under this chapter is valid only for the type of
  court-ordered program for which the license is issued.
  SUBCHAPTER G. LICENSE TERM AND RENEWAL
         Sec. 171.0301.  LICENSE TERM. A license issued under this
  chapter is valid for one or two years from the date of issuance as
  prescribed by commission rule.
         Sec. 171.0302.  LICENSE RENEWAL. The commission by rule
  shall establish the requirements for renewing a license issued
  under this chapter, including the payment of applicable fees.
         Sec. 171.0303.  CONTINUING EDUCATION FOR RENEWAL OF
  INSTRUCTOR LICENSE. (a) The commission by rule shall establish the
  minimum number of hours of continuing education that a license
  holder must complete to renew an instructor license issued under
  Subchapter E. The commission may require a different number of
  hours of continuing education for each type of court-ordered
  program.
         (b)  In addition to the continuing education requirements of
  Subsection (a), an instructor must complete an instructor
  continuing education seminar prescribed by the department if the
  department makes substantial changes to the curriculum or materials
  for the court-ordered program for which the license was issued.
         (c)  The commission by rule may establish an alternative
  method for satisfying the continuing education requirements of
  Subsection (a).
  SUBCHAPTER H. COURT-ORDERED PROGRAM REQUIREMENTS
         Sec. 171.0351.  GENERAL COURT-ORDERED PROGRAM REQUIREMENTS.
  (a) The commission shall adopt rules for each court-ordered
  program regarding:
               (1)  the criteria for administration; 
               (2)  the structure, length, content, manner of
  delivery, schedule, and applicable fees;
               (3)  the criteria for a participant to successfully
  complete the program; and
               (4)  the development of a certificate of program
  completion that is acceptable to a court.
         (b)  The commission may adopt rules for each court-ordered
  program regarding records to be maintained and reports to be filed
  with the department.
         (c)  The department or the department's authorized
  representative shall develop the curriculum and educational
  materials to be used for each court-ordered program.
         (d)  A program provider or instructor may not discriminate
  against participants based on sex, race, religion, age, national or
  ethnic origin, or disability.
         Sec. 171.0352.  ADDITIONAL REQUIREMENTS FOR ALCOHOL OR DRUG
  RELATED PROGRAMS. (a) This section applies to the following
  court-ordered programs:
               (1)  the alcohol educational program for minors;
               (2)  the drug offense educational program;
               (3)  the intervention program for intoxication; and
               (4)  the intoxication offense educational program.
         (b)  A court-ordered program to which this section applies
  must be:
               (1)  provided by a program provider licensed for the
  type of program;
               (2)  provided at a specific location, if required by
  commission rule; and
               (3)  taught by an instructor licensed for the type of
  program.
         (c)  The commission may adopt rules for each court-ordered
  program to which this section applies regarding:
               (1)  the appointment, qualifications, and
  responsibilities of an administrator of a court-ordered program;
               (2)  the use of supplemental educational materials;
               (3)  minimum classroom facilities and equipment;
               (4)  the conduct of instructors;
               (5)  teaching requirements for instructors; and
               (6)  participant evaluations, screenings, and exit
  interviews.
         Sec. 171.0353.  ADDITIONAL PROGRAM REQUIREMENTS FOR
  RESPONSIBLE PET OWNER PROGRAM. (a) The responsible pet owner
  program must be offered online by a program provider licensed for
  that program.
         (b)  The commission may adopt rules for the responsible pet
  owner program regarding:
               (1)  the timing of the program; and
               (2)  the procedures for program security and attendance
  verification.
         Sec. 171.0354.  CERTIFICATE OF PROGRAM COMPLETION. (a) The
  department shall issue or provide for the issuance of a certificate
  of program completion or certificate number showing completion of a
  court-ordered program.
         (b)  The commission by rule shall provide for the form,
  design, content, and distribution of certificates of program
  completion and certificate numbers.
         (c)  The commission by rule shall adopt a system for program
  providers to provide for the appropriate care, custody, and control
  of certificates of program completion and certificate numbers.
         (d)  The commission by rule shall establish requirements
  regarding the submission of a copy of a certificate of program
  completion or certificate number to the appropriate court, state
  agency, or community supervision and corrections department.
  SUBCHAPTER I. PRACTICE BY LICENSE HOLDER
         Sec. 171.0401.  GENERAL REQUIREMENTS FOR ALL LICENSE
  HOLDERS. (a) A license holder shall comply with all requirements
  under this chapter or commission rule for the court-ordered program
  for which the license is issued.
         (b)  A license holder may only provide or instruct, as
  applicable, the court-ordered program for which the license is
  issued.
         (c)  A license holder may only use the curriculum approved
  for the court-ordered program for which the license is issued.
         Sec. 171.0402.  NOTICE OF CHANGE IN ADMINISTRATOR OR CONTACT
  INFORMATION. Not later than the 30th day after the date of the
  change, a license holder shall notify the department in writing of
  any change regarding:
               (1)  the administrator of a court-ordered program
  provided by a program provider; or
               (2)  the license holder's address, telephone number,
  e-mail address, or Internet website address.
  SUBCHAPTER J. PRACTICE BY PROGRAM PROVIDER
         Sec. 171.0451.  PROGRAM PROVIDER RESPONSIBILITIES; GENERAL
  REQUIREMENTS. (a) A program provider shall maintain care, custody,
  and control of the certificates of program completion and
  certificate numbers, as prescribed by commission rule.
         (b)  A program provider shall issue and deliver a certificate
  of program completion to a participant who successfully completes a
  court-ordered program provided by the program provider. The
  commission by rule shall establish the timing and method of
  delivery of the certificate.
         (c)  A program provider shall comply with applicable laws
  regarding confidentiality of participant records and obtaining
  consent to disclosure.
         (d)  A program provider shall submit to the department
  information required by the department relating to certificates of
  program completion issued by the program provider.
         Sec. 171.0452.  ADDITIONAL PROGRAM PROVIDER
  RESPONSIBILITIES FOR ALCOHOL OR DRUG RELATED PROGRAMS. (a) This
  section applies to the following court-ordered programs:
               (1)  the alcohol educational program for minors;
               (2)  the drug offense educational program;
               (3)  the intervention program for intoxication; and
               (4)  the intoxication offense educational program.
         (b)  A program provider shall designate an administrator for
  each of the provider's court-ordered programs to which this section
  applies.
         (c)  As prescribed by commission rule, a program provider
  shall:
               (1)  collect and maintain information regarding each of
  the program provider's instructors, each court-ordered program
  provided by the program provider, and each program participant; and
               (2)  make available to the department on request
  records containing the information described by Subdivision (1).
         (d)  The commission may require different information to be
  collected and maintained for each type of court-ordered program.
         (e)  The commission may adopt rules requiring program
  providers to submit to the department information regarding
  programs, instructors, and participants. The commission may
  require different information to be reported for each type of
  court-ordered program.
         (f)  A program provider shall provide in writing to each
  participant the provider's license number and the applicable
  instructor's license number.
         (g)  A program provider shall maintain and make available to
  participants information regarding course fees, schedules, and
  locations for all court-ordered programs provided by the program
  provider.
         Sec. 171.0453.  ADDITIONAL PROGRAM PROVIDER
  RESPONSIBILITIES FOR RESPONSIBLE PET OWNER PROGRAM. (a) A program
  provider shall ensure that a responsible pet owner program provided
  by a program provider is delivered online in a manner conducive to
  learning.
         (b)  The program provider is responsible for the conduct and
  administration of a responsible pet owner program, including the
  verification of participant attendance and program performance.
         (c)  As prescribed by commission rule, a program provider
  shall:
               (1)  collect information for each participant in a
  responsible pet owner program;
               (2)  maintain and make available to the department on
  request the information described by Subdivision (1); and
               (3)  submit monthly reports to the department.
         (d)  A program provider shall:
               (1)  maintain the security and integrity of the
  information of participants in a responsible pet owner program; and
               (2)  create and provide a privacy policy statement to
  each participant.
         (e)  In each advertisement for or Internet website of a
  responsible pet owner program, the program provider shall include:
               (1)  the provider's license number; and
               (2)  the program's number issued by the department.
         Sec. 171.0454.  PROGRAM PROVIDER CHANGE OF OWNERSHIP. Not
  less than 30 days before the date of a change in ownership of a
  program provider, the proposed new owner must apply for a new
  program provider license for each type of court-ordered program to
  be offered by the new owner.
  SUBCHAPTER K. PRACTICE BY INSTRUCTOR
         Sec. 171.0501.  INSTRUCTOR RESPONSIBILITIES FOR ALCOHOL OR
  DRUG RELATED PROGRAMS. (a)  This section applies to the following
  court-ordered programs:
               (1)  the alcohol educational program for minors;
               (2)  the drug offense educational program;
               (3)  the intervention program for intoxication; and
               (4)  the intoxication offense educational program.
         (b)  An instructor may only instruct for a program provider
  that holds the appropriate program provider license.
         (c)  An instructor shall carry the instructor's license at
  all times while providing instruction at a court-ordered program to
  which this section applies.
  SUBCHAPTER L. PROHIBITED PRACTICES AND ENFORCEMENT
         Sec. 171.0551.  PROHIBITED PRACTICES BY ALL LICENSE HOLDERS.
  A license holder may not:
               (1)  use advertising that is false, misleading, or
  deceptive; or
               (2)  issue, sell, trade, or transfer a certificate of
  program completion or a certificate number to a person who has not
  successfully completed the applicable court-ordered program or who
  is not otherwise authorized to possess the certificate or number.
         Sec. 171.0552.  GROUNDS FOR DISCIPLINARY ACTIONS. The
  commission or executive director may deny an application for an
  initial or renewal license, revoke or suspend a license, place on
  probation a person whose license has been suspended, or reprimand a
  license holder who:
               (1)  violates this chapter or a rule adopted under this
  chapter;
               (2)  fails to meet a requirement for obtaining or
  holding a license under this chapter;
               (3)  fails to notify the department of the
  discontinuation of the operation of a court-ordered program
  provided or instructed by the license holder;
               (4)  fails to make available to the department accurate
  records regarding the operation of a discontinued court-ordered
  program provided or instructed by the license holder;
               (5)  permits or engages in misrepresentation, fraud, or
  deceit in applying for a license;
               (6)  permits or engages in a fraudulent practice
  regarding a court-ordered program provided or instructed by the
  license holder;
               (7)  sells, barters, or offers to sell or barter a
  license;
               (8)  engages in unprofessional conduct that:
                     (A)  endangers or is likely to endanger the
  health, welfare, or safety of the public as defined by commission
  rule; or
                     (B)  violates the code of ethics adopted and
  published by the commission;
               (9)  falsifies, submits, or maintains any
  substantially false, inaccurate, or incomplete documentation
  required under this chapter or related to the court-ordered program
  provided or instructed by the license holder;
               (10)  engages in conduct, or encourages or permits a
  participant in a court-ordered program provided or instructed by
  the license holder to engage in conduct, that is inconsistent with
  the behaviors and principles of the curriculum of the court-ordered
  program for which the license is issued;
               (11)  while under the influence of alcohol or a
  controlled substance, attends an instructor training or a
  court-ordered program, instructs a court-ordered program, or
  performs duties related to the court-ordered program for which the
  holder's license is issued;
               (12)  provides a participant with, or permits a
  participant to use, alcohol or a controlled substance; or
               (13)  engages in conduct that is harmful to the health,
  safety, or welfare of a participant or the public.
         Sec. 171.0553.  DISCIPLINARY ACTION; ADMINISTRATIVE
  PENALTY.  If a person violates this chapter or an order issued or a
  rule adopted under this chapter, the person is subject to any action
  or penalty under Subchapter F or G, Chapter 51, Occupations Code.
         Sec. 171.0554.  ONSITE INSPECTIONS, MONITORING, AND AUDITS.  
  The department or the department's authorized representative may:
               (1)  conduct periodic, onsite inspections to verify a
  program provider's compliance with this chapter; and
               (2)  attend or audit a court-ordered program.
         Sec. 171.0555.  INVESTIGATIONS. (a)  A program provider,
  administrator, instructor, or any person associated with a
  court-ordered program shall:
               (1)  cooperate with the department during an
  investigation of a complaint under this chapter; and
               (2)  provide or make available to the department on
  request any documents or records related to the investigation,
  including all instructor or administrator records, unless
  otherwise prohibited by law.
         (b)  The department may contract with the Department of
  Public Safety to provide investigative assistance in the
  enforcement of this chapter.
         Sec. 171.0556.  UNLAWFUL TRANSFER OF CERTIFICATE OF PROGRAM
  COMPLETION OR CERTIFICATE NUMBER; OFFENSE.  (a)  A person commits an
  offense if the person knowingly sells, trades, issues, or otherwise
  transfers, or possesses with intent to sell, trade, issue, or
  otherwise transfer, a certificate of program completion or a
  certificate number to a person not authorized to possess the
  certificate or number.
         (b)  An offense under this section is a felony of the third
  degree.
         Sec. 171.0557.  UNLAWFUL POSSESSION OF CERTIFICATE OF
  PROGRAM COMPLETION OR CERTIFICATE NUMBER; OFFENSE.  (a)  A person
  commits an offense if the person knowingly possesses a certificate
  of program completion or a certificate number that the person is not
  authorized to possess under this chapter.
         (b)  An offense under this section is a felony of the third
  degree.
         SECTION 1.002.  The heading to Section 106.115, Alcoholic
  Beverage Code, is amended to read as follows:
         Sec. 106.115.  ATTENDANCE AT ALCOHOL AWARENESS PROGRAM
  [COURSE]; LICENSE SUSPENSION.
         SECTION 1.003.  Section 106.115, Alcoholic Beverage Code, is
  amended by amending Subsections (a) and (b-2) and adding
  Subsections (a-1) and (a-2) to read as follows:
         (a)  On the placement of a minor on deferred disposition for
  an offense under Section 49.02, Penal Code, or under Section
  106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
  shall require the defendant to attend one of the following
  programs:
               (1)  an alcohol awareness program [approved by the
  Texas Department of Licensing and Regulation] under this section
  that is regulated under Chapter 171, Government Code;
               (2)  [,] a drug education program under [approved by
  the Department of State Health Services in accordance with] Section
  521.374, Transportation Code, that is regulated under Chapter 171,
  Government Code; or
               (3)  a drug and alcohol driving awareness program under
  Section 1001.103, Education Code [approved by the Texas Education
  Agency].
         (a-1)  On conviction of a minor of an offense under Section
  49.02, Penal Code, or Section 106.02, 106.025, 106.04, 106.041,
  106.05, or 106.07 [one or more of those sections], the court, in
  addition to assessing a fine as provided by those sections, shall
  require a defendant who has not been previously convicted of an
  offense under one of those sections to attend an alcohol awareness
  program, a drug education program, or a drug and alcohol driving
  awareness program described by Subsection (a) [this subsection].
  If the defendant has been previously convicted once or more of an
  offense under one or more of those sections, the court may require
  the defendant to attend an alcohol awareness program, a drug
  education program, or a drug and alcohol driving awareness program
  described by Subsection (a) [this subsection].
         (a-2)  If the defendant is younger than 18 years of age, the
  court may require the parent or guardian of the defendant to attend
  the program described by Subsection (a) with the defendant.  [The
  Texas Department of Licensing and Regulation or Texas Commission of
  Licensing and Regulation, as appropriate:
               [(1)     is responsible for the administration of the
  certification of approved alcohol awareness programs;
               [(2)  may charge a nonrefundable application fee for:
                     [(A)  initial certification of the approval; or
                     [(B)  renewal of the certification;
               [(3)     shall adopt rules regarding alcohol awareness
  programs approved under this section; and
               [(4)     shall monitor, coordinate, and provide training
  to a person who provides an alcohol awareness program.]
         (b-2)  For purposes of Subsection (b-1), if the defendant is
  enrolled in an institution of higher education located in a county
  in which access to an alcohol awareness program is readily
  available, the court may consider the defendant to be a resident of
  that county. If the defendant is not enrolled in such an institution
  of higher education or if the court does not consider the defendant
  to be a resident of the county in which the institution is located,
  the defendant's residence is the residence listed on the
  defendant's driver's license or personal identification
  certificate issued by the Department of Public Safety. If the
  defendant does not have a driver's license or personal
  identification certificate issued by the Department of Public
  Safety, the defendant's residence is the residence on the
  defendant's voter registration certificate. If the defendant is not
  registered to vote, the defendant's residence is the residence on
  file with the public school district on which the defendant's
  enrollment is based. If the defendant is not enrolled in public
  school, the defendant's residence is determined [as provided] by
  the court [commission rule].
         SECTION 1.004.  The heading to Article 42A.403, Code of
  Criminal Procedure, is amended to read as follows:
         Art. 42A.403.  EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION
  OFFENSES [OFFENDERS]; WAIVER OR EXTENSION OF TIME.
         SECTION 1.005.  Article 42A.403(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  A judge who places on community supervision a defendant
  convicted of an offense under Sections 49.04-49.08, Penal Code,
  shall require as a condition of community supervision that the
  defendant attend and successfully complete, before the 181st day
  after the date community supervision is granted, an educational
  program designed to rehabilitate persons who have driven while
  intoxicated that is regulated [jointly approved] by [:
               [(1)]  the Texas Department of Licensing and Regulation
  under Chapter 171, Government Code [;
               [(2)  the Department of Public Safety;
               [(3)     the traffic safety section of the traffic
  operations division of the Texas Department of Transportation; and
               [(4)     the community justice assistance division of the
  Texas Department of Criminal Justice].
         SECTION 1.006.  The heading to Article 42A.404, Code of
  Criminal Procedure, is amended to read as follows:
         Art. 42A.404.  EDUCATIONAL PROGRAM FOR CERTAIN REPEAT
  INTOXICATION OFFENSES [OFFENDERS]; WAIVER.
         SECTION 1.007.  Article 42A.404(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  The judge shall require a defendant who is punished
  under Section 49.09, Penal Code, to attend and successfully
  complete as a condition of community supervision an educational
  program for repeat offenders that is regulated [approved] by the
  Texas Department of Licensing and Regulation under Chapter 171,
  Government Code.
         SECTION 1.008.  Article 42A.511(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  If a judge grants community supervision to a defendant
  convicted of an offense under Section 42.09, 42.091, 42.092, or
  42.10, Penal Code, the judge may require the defendant to[:
               [(1)]  complete an online responsible pet owner
  educational program regulated [course approved and certified] by
  the Texas Department of Licensing and Regulation under Chapter 171,
  Government Code [; or
               [(2)     attend a responsible pet owner course sponsored
  by a municipal animal shelter, as defined by Section 823.001,
  Health and Safety Code, that:
                     [(A)     receives federal, state, county, or
  municipal funds; and
                     [(B)     serves the county in which the court is
  located].
         SECTION 1.009.  Article 42A.514(a), Code of Criminal
  Procedure, is amended to read as follows:
         (a)  If a judge grants community supervision to a defendant
  younger than 18 years of age convicted of an alcohol-related
  offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or
  106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or
  an offense involving possession of a controlled substance or
  marihuana under Section 481.115, 481.1151, 481.116, 481.1161,
  481.117, 481.118, or 481.121, Health and Safety Code, the judge may
  require the defendant as a condition of community supervision to
  attend, as appropriate:
               (1)  an alcohol awareness program [approved] under
  Section 106.115, Alcoholic Beverage Code, that is regulated by the
  Texas Department of Licensing and Regulation under Chapter 171,
  Government Code; or
               (2)  a drug education program that is designed to
  educate persons on the dangers of drug abuse [and is approved by the
  Department of State Health Services] in accordance with Section
  521.374, Transportation Code, and that is regulated by the Texas
  Department of Licensing and Regulation under Chapter 171,
  Government Code.
         SECTION 1.010.  Article 45.051(b), Code of Criminal
  Procedure, is amended to read as follows:
         (b)  During the deferral period, the judge may require the
  defendant to:
               (1)  post a bond in the amount of the fine assessed to
  secure payment of the fine;
               (2)  pay restitution to the victim of the offense in an
  amount not to exceed the fine assessed;
               (3)  submit to professional counseling;
               (4)  submit to diagnostic testing for alcohol or a
  controlled substance or drug;
               (5)  submit to a psychosocial assessment;
               (6)  participate in an alcohol or drug abuse treatment
  or education program, such as:
                     (A)  a drug education program that is designed to
  educate persons on the dangers of drug abuse [and is approved by the
  Department of State Health Services] in accordance with Section
  521.374, Transportation Code, and that is regulated by the Texas
  Department of Licensing and Regulation under Chapter 171,
  Government Code; or
                     (B)  an alcohol awareness program described by
  Section 106.115, Alcoholic Beverage Code, that is regulated by the
  Texas Department of Licensing and Regulation under Chapter 171,
  Government Code;
               (7)  pay the costs of any diagnostic testing,
  psychosocial assessment, or participation in a treatment or
  education program either directly or through the court as court
  costs;
               (8)  complete a driving safety course approved under
  Chapter 1001, Education Code, or another course as directed by the
  judge;
               (9)  present to the court satisfactory evidence that
  the defendant has complied with each requirement imposed by the
  judge under this article; and
               (10)  comply with any other reasonable condition.
         SECTION 1.011.  Sections 53.03(h-1) and (h-2), Family Code,
  are amended to read as follows:
         (h-1)  If the child is alleged to have engaged in delinquent
  conduct or conduct indicating a need for supervision that violates
  Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or
  481.121, Health and Safety Code, deferred prosecution under this
  section may include a condition that the child attend a drug
  education program that is designed to educate persons on the
  dangers of drug abuse [and is approved by the Department of State
  Health Services] in accordance with Section 521.374,
  Transportation Code, and that is regulated by the Texas Department
  of Licensing and Regulation under Chapter 171, Government Code.
         (h-2)  If the child is alleged to have engaged in delinquent
  conduct or conduct indicating a need for supervision that violates
  Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07,
  Alcoholic Beverage Code, or Section 49.02, Penal Code, deferred
  prosecution under this section may include a condition that the
  child attend an alcohol awareness program described by Section
  106.115, Alcoholic Beverage Code, that is regulated by the Texas
  Department of Licensing and Regulation under Chapter 171,
  Government Code.
         SECTION 1.012.  Sections 54.047(a) and (b), Family Code, are
  amended to read as follows:
         (a)  If the court or jury finds at an adjudication hearing
  for a child that the child engaged in delinquent conduct or conduct
  indicating a need for supervision that constitutes a violation of
  Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or
  481.121, Health and Safety Code, the court may order that the child
  attend a drug education program that is designed to educate persons
  on the dangers of drug abuse [and is approved by the Department of
  State Health Services] in accordance with Section 521.374,
  Transportation Code, and that is regulated by the Texas Department
  of Licensing and Regulation under Chapter 171, Government Code.
         (b)  If the court or jury finds at an adjudication hearing
  for a child that the child engaged in delinquent conduct or conduct
  indicating a need for supervision that violates the alcohol-related
  offenses in Section 106.02, 106.025, 106.04, 106.041, 106.05, or
  106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, the
  court may order that the child attend an alcohol awareness program
  described by Section 106.115, Alcoholic Beverage Code, that is
  regulated by the Texas Department of Licensing and Regulation under
  Chapter 171, Government Code.
         SECTION 1.013.  Section 461A.052(a), Health and Safety Code,
  is amended to read as follows:
         (a)  The department shall:
               (1)  provide for research and study of the problems of
  chemical dependency in this state and seek to focus public
  attention on those problems through public information and
  education programs;
               (2)  plan, develop, coordinate, evaluate, and
  implement constructive methods and programs for the prevention,
  intervention, treatment, and rehabilitation of chemical dependency
  in cooperation with federal and state agencies, local governments,
  organizations, and persons, and provide technical assistance,
  funds, and consultation services for statewide and community-based
  services;
               (3)  cooperate with and enlist the assistance of:
                     (A)  other state, federal, and local agencies;
                     (B)  hospitals and clinics;
                     (C)  public health, welfare, and criminal justice
  system authorities;
                     (D)  educational and medical agencies and
  organizations; and
                     (E)  other related public and private groups and
  persons;
               (4)  expand chemical dependency services for children
  when funds are available because of the long-term benefits of those
  services to this state and its citizens;
               (5)  sponsor, promote, and conduct educational
  programs on the prevention and treatment of chemical dependency,
  and maintain a public information clearinghouse to purchase and
  provide books, literature, audiovisuals, and other educational
  material for the programs;
               (6)  sponsor, promote, and conduct training programs
  for persons delivering prevention, intervention, treatment, and
  rehabilitation services and for persons in the criminal justice
  system or otherwise in a position to identify the service needs of
  persons with a chemical dependency and their families;
               (7)  require programs rendering services to persons
  with a chemical dependency to safeguard those persons' legal rights
  of citizenship and maintain the confidentiality of client records
  as required by state and federal law;
               (8)  maximize the use of available funds for direct
  services rather than administrative services;
               (9)  consistently monitor the expenditure of funds and
  the provision of services by all grant and contract recipients to
  assure that the services are effective and properly staffed and
  meet the standards adopted under this chapter;
               (10)  make the monitoring reports prepared under
  Subdivision (9) a matter of public record;
               (11)  license treatment facilities under Chapter 464;
               (12)  use funds appropriated to the department for
  purposes of providing chemical dependency services and related
  programs to carry out those purposes and maximize the overall state
  allotment of federal funds;
               (13)  plan, develop, coordinate, evaluate, and
  implement constructive methods and programs to provide healthy
  alternatives for youth at risk of selling controlled substances;
  and
               (14)  submit to the federal government reports and
  strategies necessary to comply with Section 1926 of the federal
  Alcohol, Drug Abuse, and Mental Health Administration
  Reorganization Act, Pub. L. No. 102-321 (42 U.S.C. Section
  300x-26), and coordinate the reports and strategies with
  appropriate state governmental entities[; and
               [(15)     regulate, coordinate, and provide training for
  alcohol awareness courses required under Section 106.115,
  Alcoholic Beverage Code, and may charge a fee for an activity
  performed by the department under this subdivision].
         SECTION 1.014.  Section 521.374(a), Transportation Code, as
  amended by Chapters 838 (S.B. 202), 851 (S.B. 1070), and 1004 (H.B.
  642), Acts of the 84th Legislature, Regular Session, 2015, is
  reenacted and amended to read as follows:
         (a)  A person whose license is suspended under Section
  521.372 may:
               (1)  attend an educational program regulated[,
  approved] by the Texas Department of Licensing and Regulation
  [Department of State Health Services] under Chapter 171, Government
  Code [rules adopted by the executive commissioner of the Health and
  Human Services 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.
         SECTION 1.015.  Section 521.375, Transportation Code, as
  amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the
  84th Legislature, Regular Session, 2015, is reenacted and amended
  to read as follows:
         Sec. 521.375.  JOINT ADOPTION OF RULES. (a) The executive
  commissioner of the Health and Human Services Commission 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).
         (b)  The Department of State Health Services shall publish
  the jointly adopted rules.
         SECTION 1.016.  Section 521.376, Transportation Code, as
  amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the
  84th Legislature, Regular Session, 2015, is reenacted and amended
  to read as follows:
         Sec. 521.376.  DUTIES OF DEPARTMENT OF STATE HEALTH
  SERVICES[; APPLICATION AND RENEWAL FEES]. The Department of State
  Health Services:
               (1)  shall monitor, coordinate, and provide training
  to[:
                     [(A)     persons who provide educational programs
  under Section 521.374(a)(1); and
                     [(B)]  residential treatment facilities described
  by Section 521.374(a)(2) providing equivalent education; and
               (2)  shall administer the approval of the [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 1.017.  The following provisions are repealed:
               (1)  Section 106.115(b), Alcoholic Beverage Code;
               (2)  Article 42A.405, Code of Criminal Procedure;
               (3)  Article 42A.511(b), Code of Criminal Procedure, as
  added by Chapter 1132 (H.B. 162), Acts of the 85th Legislature,
  Regular Session, 2017; and
               (4)  Section 54.047(e), Family Code.
         SECTION 1.018.  As soon as practicable after the effective
  date of this Act, the Texas Commission of Licensing and Regulation,
  the Texas Department of Licensing and Regulation, and the executive
  director of the Texas Department of Licensing and Regulation, as
  appropriate, shall adopt rules and forms necessary to implement
  Chapter 171, Government Code, as added by this Act.
  ARTICLE 2. TEXAS DEPARTMENT OF LICENSING AND REGULATION
         SECTION 2.001.  Section 51.203, Occupations Code, is amended
  to read as follows:
         Sec. 51.203.  RULES REGARDING PROGRAMS REGULATED BY
  DEPARTMENT. (a) The commission shall adopt rules as necessary to
  implement each law establishing a program regulated by the
  department.
         (b)  Notwithstanding any other law, for each program
  regulated by the department, including a program under which a
  license is issued by the department, the commission by rule may
  establish:
               (1)  the length of a license term;
               (2)  a fee for the issuance or renewal of a license; and
               (3)  any continuing education required to renew a
  license.
         SECTION 2.002.  Section 51.2031(a-2), Occupations Code, is
  amended to read as follows:
         (a-2)  For each rule proposed under Subsection (a-1), the
  commission shall either adopt the rule as proposed or return the
  rule to the advisory board for revision. The commission retains
  authority for final adoption of all rules and is responsible for
  ensuring compliance with all laws regarding the rulemaking process.
  [This subsection and Subsection (a-1) expire September 1, 2019.]
  ARTICLE 3. MIDWIVES
         SECTION 3.001.  Section 203.056, Occupations Code, is
  amended to read as follows:
         Sec. 203.056.  PRESIDING OFFICER. The presiding officer of
  the commission shall designate a [public] member of the advisory
  board to serve as the presiding officer of the advisory board to
  serve for a term of one year. The presiding officer of the advisory
  board may vote on any matter before the advisory board.
         SECTION 3.002.  Section 203.254, Occupations Code, is
  amended to read as follows:
         Sec. 203.254.  BASIC MIDWIFERY EDUCATION. The commission
  shall establish requirements for basic midwifery education,
  including basic requirements for midwifery preceptors and
  students.
         SECTION 3.003.  Section 203.152, Occupations Code, is
  repealed.
         SECTION 3.004.  Section 203.056, Occupations Code, as
  amended by this article, does not affect the entitlement of a member
  of the Midwives Advisory Board who is serving as the presiding
  officer of the advisory board immediately before the effective date
  of this Act to continue to serve in that capacity for the remainder
  of the member's term as presiding officer.
  ARTICLE 4.  MASSAGE THERAPISTS, BARBERS, AND COSMETOLOGISTS
         SECTION 4.001.  Section 455.151, Occupations Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  Notwithstanding Subsections (a) and (b), a person may
  act as, or represent that the person is, a massage establishment if
  the person holds a license under Chapter 1604.
         SECTION 4.002.  Section 1601.453, Occupations Code, is
  amended to read as follows:
         Sec. 1601.453.  LOCATION OF PRACTICE. A person licensed by
  the department may practice barbering only at a location for which
  the department has issued a barbershop permit, specialty shop
  permit, or barber school permit under this chapter, [or] a permit
  issued under Chapter 1603, or a license issued under Chapter 1604.
         SECTION 4.003.  Section 1601.455(a), Occupations Code, is
  amended to read as follows:
         (a)  In this section, "licensed facility" means the premises
  of a place of business that holds a license, certificate, or permit
  under this chapter, [or] Chapter 1603, or Chapter 1604.
         SECTION 4.004.  Section 1603.104, Occupations Code, is
  amended by amending Subsection (b) and adding Subsections (c) and
  (c-1) to read as follows:
         (b)  Except as otherwise provided by this section, at [At]
  least once every four [two] years, the department shall inspect
  each shop or other facility that holds a license, certificate, or
  permit in which the practice of barbering or cosmetology is
  performed under this chapter, Chapter 1601, or Chapter 1602.
         (c)  At [, and at] least twice per year, the department shall
  inspect each school in which barbering or cosmetology is taught
  under this chapter, Chapter 1601, or Chapter 1602.
         (c-1)  At least once every two years, the department shall
  inspect each specialty shop that holds a license, certificate, or
  permit issued under this chapter, Chapter 1601, or Chapter 1602 and
  at which the practices described by Section 1601.002(1)(E) or (F)
  or 1602.002(a)(8) or (9) are performed.
         SECTION 4.005.  Title 9, Occupations Code, is amended by
  adding Chapter 1604 to read as follows:
  CHAPTER 1604. REGULATION OF BARBERING AND MASSAGE THERAPY
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 1604.001.  GENERAL DEFINITIONS. (a) In this chapter:
               (1)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (2)  "Department" means the Texas Department of
  Licensing and Regulation.
               (3)  "Dual shop" means a dual barber and beauty shop
  licensed under Chapter 1603.
               (4)  "Executive director" means the executive director
  of the department.
         (b)  Unless the context clearly indicates otherwise, the
  definitions in Chapters 455, 1601, 1602, and 1603 apply to this
  chapter.
         Sec. 1604.002.  REGULATION BY DEPARTMENT. The department
  shall administer this chapter. A reference in this chapter to the
  commission's, executive director's, or department's powers or
  duties does not limit the executive director's, department's, or
  commission's general powers under Chapter 51.
  SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
         Sec. 1604.051.  ADVISORY BOARDS. The advisory boards
  established under Chapters 455, 1601, and 1602 shall advise the
  commission on administering this chapter.
         Sec. 1604.052.  RULES. The commission shall adopt rules for 
  the administration of this chapter.
  SUBCHAPTER C.  LICENSE REQUIREMENTS
         Sec. 1604.101.  BARBERSHOP AND MASSAGE ESTABLISHMENT
  LICENSE. (a)  The department may issue a barbershop and massage
  establishment license.
         (b)  A person holding a barbershop and massage establishment
  license may own, operate, or manage a shop or establishment in which
  any practice of barbering defined by Section 1601.002 or massage
  therapy or other massage services as defined by Section 455.001 is
  performed.
         (c)  The department shall issue a barbershop and massage
  establishment license to an applicant that:
               (1)  meets the requirements of:
                     (A)  this chapter;
                     (B)  Chapter 455 for obtaining a massage
  establishment license; and
                     (C)  Chapter 1601 for obtaining a barbershop
  permit;
               (2)  submits an application on a form prescribed by the
  department; and
               (3)  pays the required fees.
         (d)  The holder of a barbershop and massage establishment
  license must comply with this chapter, Chapters 455, 1601, and
  1603, and commission rules related to barbering and massage
  therapy.
         Sec. 1604.102.  DUAL SHOP AND MASSAGE ESTABLISHMENT LICENSE.
  (a)  The department may issue a dual shop and massage establishment
  license.
         (b)  A person holding a dual shop and massage establishment
  license may own, operate, or manage a shop or establishment in which
  any practice of barbering defined by Section 1601.002, cosmetology
  defined by Section 1602.002(a), or massage therapy or other massage
  services as defined by Section 455.001 are performed.
         (c)  The department shall issue a dual shop and massage
  establishment license to an applicant that:
               (1)  meets the requirements of:
                     (A)  this chapter;
                     (B)  Chapter 455 for obtaining a massage
  establishment license; and
                     (C)  Chapter 1603 for obtaining a dual shop
  license;
               (2)  submits an application on a form prescribed by the
  department; and
               (3)  pays the required fees.
         (d)  The holder of a dual shop and massage establishment
  license must comply with this chapter, Chapters 455, 1601, 1602,
  and 1603, and commission rules related to barbering, cosmetology,
  and massage therapy.
         SECTION 4.006.  Not later than June 1, 2020, the Texas
  Commission of Licensing and Regulation shall adopt rules as
  necessary to implement Chapter 1604, Occupations Code, as added by
  this Act.
  ARTICLE 5.  USED AUTOMOTIVE PARTS RECYCLERS
         SECTION 5.001.  Section 2309.106(a), Occupations Code, is
  amended to read as follows:
         (a)  The department shall inspect each used automotive parts
  recycling facility at least once every four [two] years.
  ARTICLE 6. EFFECTIVE DATE
         SECTION 6.001.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2019.
         (b)  Sections 171.0151 and 171.0202, Government Code, and
  Subchapters I, J, and K, Chapter 171, Government Code, as added by
  this Act, take effect September 1, 2020.