| |
|
|
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. Sections 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. |
|
|
|
|
|
* * * * * |