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AN ACT
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relating to the administration of court-ordered programs regulated |
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by the Texas Department of Licensing and Regulation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 106.115(a), Alcoholic Beverage Code, as |
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amended by Chapters 663 (H.B. 1560) and 948 (S.B. 1480), Acts of the |
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87th Legislature, Regular Session, 2021, is reenacted and amended |
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to read as follows: |
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(a) On the placement of a minor on deferred disposition for |
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an offense under Section 49.02, Penal Code, or under Section |
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106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court |
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shall require the defendant to successfully complete one of the |
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following programs: |
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(1) an alcohol awareness program under this section |
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that is regulated under Chapter 171, Government Code; or |
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(2) a drug education program under Section |
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521.374(a)(1), Transportation Code, that is regulated under |
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Chapter 171, Government Code[; or |
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[(3) a drug and alcohol driving awareness program |
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under Section 1001.103, Education Code]. |
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SECTION 2. Sections 106.115(a-1) and (b-1), Alcoholic |
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Beverage Code, are amended to read as follows: |
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(a-1) On conviction of a minor of an offense under Section |
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49.02, Penal Code, or Section 106.02, 106.025, 106.04, 106.041, |
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106.05, or 106.07, the court, in addition to assessing a fine as |
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provided by those sections, shall require a defendant who has not |
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been previously convicted of an offense under one of those sections |
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to successfully complete an alcohol awareness program or [,] a drug |
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education program[, or a drug and alcohol driving awareness |
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program] described by Subsection (a). If the defendant has been |
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previously convicted once or more of an offense under one or more of |
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those sections, the court may require the defendant to successfully |
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complete an alcohol awareness program or [,] a drug education |
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program[, or a drug and alcohol driving awareness program] |
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described by Subsection (a). |
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(b-1) If the defendant resides in a county with a population |
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of 75,000 or less and access to an alcohol awareness program is not |
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readily available in the county, the court may allow the defendant |
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to take an online alcohol awareness program approved by [if] the |
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Texas Department of Licensing and Regulation [approves online |
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courses] or require the defendant to perform not less than eight |
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hours of community service related to alcohol abuse prevention or |
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treatment [and approved by the Texas Department of Licensing and |
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Regulation under Subsection (b-3)] instead of attending the alcohol |
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awareness program. Community service ordered under this subsection |
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is in addition to community service ordered under Section |
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106.071(d). |
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SECTION 3. The following laws are repealed: |
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(1) Section 106.115(b-3), Alcoholic Beverage Code; |
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and |
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(2) Sections 521.375(a) and (b) and 521.376(a), |
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Transportation Code. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4417 was passed by the House on May 4, |
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2023, by the following vote: Yeas 145, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4417 was passed by the Senate on May |
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21, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |