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.