By: Goldman H.B. No. 4417
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration of court-ordered programs regulated
  by the Texas Department of Licensing and Regulation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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, is reenacted and amended
  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 successfully complete one of the
  following programs:
               (1)  an alcohol awareness program under this section
  that is regulated under Chapter 171, Government Code; or
               (2)  a drug education program under Section
  521.374(a)(1), 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].
         SECTION 2.  Section 106.115(a-1) and (b-1), Alcoholic
  Beverage Code, are amended to read as follows:
         (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, 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 successfully complete an alcohol awareness program or [,] a drug
  education program[, or a drug and alcohol driving awareness
  program] described by Subsection (a). 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 successfully
  complete an alcohol awareness program or [,] a drug education
  program[, or a drug and alcohol driving awareness program]
  described by Subsection (a).
         (b-1)  If the defendant resides in a county with a population
  of 75,000 or less and access to an alcohol awareness program is not
  readily available in the county, the court may allow the defendant
  to take an online alcohol awareness program approved by [if] the
  Texas Department of Licensing and Regulation [approves online
  courses] or require the defendant to perform not less than eight
  hours of community service related to alcohol abuse prevention or
  treatment [and approved by the Texas Department of Licensing and
  Regulation under Subsection (b-3)] instead of attending the alcohol
  awareness program.  Community service ordered under this subsection
  is in addition to community service ordered under Section
  106.071(d).
         SECTION 3.  The following laws are repealed:
               (1)  Section 106.115(b-3), Alcoholic Beverage Code;
  and
               (2)   Sections 521.375(a) and (b) and 521.376(a),
  Transportation Code.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.