BILL ANALYSIS

H.B. 4417

By: Goldman

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The 87th Legislature passed H.B. 1560 as the Sunset bill for the Texas Department of Licensing and Regulation (TDLR) and it removed the regulation of drug and alcohol driving awareness programs under TDLR. H.B. 4417 seeks to remove references to certain drug and alcohol driving awareness programs in accordance with the elimination of such programs in the 87th Legislative Session.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4417 reenacts and amends Section 106.115(a), Alcoholic Beverage Code, as amended by Chapters 663 (H.B. 1560) and 948 (S.B. 1480), Acts of the 87th Legislature, Regular Session, 2021, to conform to changes made by Chapter 948 (S.B. 1480), Acts of the 87th Legislature, Regular Session, 2021, with respect to alcohol education programs for minors placed on deferred disposition for certain alcohol-related offenses, except that the bill retains the change from Chapter 663, Acts of the 87th Legislature, Regular Session, 2021, that removed the option for such a minor to complete a drug and alcohol driving awareness program, which is a type of program repealed by that act.

H.B. 4417 amends the Alcoholic Beverage Code to remove provisions that require approval by the Texas Department of Licensing and Regulation (TDLR) of community services related to alcohol abuse prevention or treatment to which judges in certain counties may sentence minors placed on deferred disposition for or convicted of certain alcohol-related offenses as an alternative to an alcohol awareness program.

H.B. 4417 repeals Transportation Code provisions relating to rulemaking and TDLR duties with respect to a drug offense educational program for a person whose driver's license is suspended on final conviction of certain substance-related offenses, which is a type of program covered by Government Code provisions establishing uniform procedures for TDLR's regulation of certain court-ordered programs.

H.B. 4417 repeals the following provisions:

· Section 106.115(b-3), Alcoholic Beverage Code;

· Section 521.375(a) and (b), Transportation Code; and

· Section 521.376(a), Transportation Code.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.