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AN ACT
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relating to educational programs for persons whose driver's license |
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is suspended following conviction of certain drug offenses. |
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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 substance misuse [drug] education program under |
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Section 521.374(a)(1), Transportation Code, that is regulated |
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under 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. Section 106.115(a-1), Alcoholic Beverage Code, |
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is 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 |
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substance misuse [drug] education program[, or a drug and alcohol |
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driving awareness program described by Subsection (a)]. If the |
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defendant has been previously convicted once or more of an offense |
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under one or more of those sections, the court may require the |
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defendant to successfully complete an alcohol awareness program |
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or[,] a substance misuse [drug] education program[, or a drug and |
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alcohol driving awareness program described by Subsection (a)]. |
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SECTION 3. Article 42A.514, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 42A.514. COMMUNITY SUPERVISION FOR CERTAIN ALCOHOL OR |
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DRUG RELATED OFFENSES. (a) If a judge grants community |
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supervision to a defendant younger than 18 years of age convicted of |
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an alcohol-related offense under Section 106.02, 106.025, 106.04, |
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106.041, 106.05, or 106.07, Alcoholic Beverage Code, or Section |
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49.02, Penal Code, or an offense involving possession of a |
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controlled substance or marihuana under Section 481.115, 481.1151, |
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481.116, 481.1161, 481.117, 481.118, or 481.121, Health and Safety |
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Code, the judge may require the defendant as a condition of |
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community supervision to successfully complete, as appropriate: |
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(1) an alcohol awareness program under Section |
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106.115, Alcoholic Beverage Code, that is regulated by the Texas |
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Department of Licensing and Regulation under Chapter 171, |
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Government Code; or |
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(2) a substance misuse [drug] education program that |
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is designed to educate persons on the dangers of substance misuse |
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[drug abuse] in accordance with Section 521.374(a)(1), |
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Transportation Code, and that is regulated by the Texas Department |
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of Licensing and Regulation under Chapter 171, Government Code. |
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(b) If a judge requires a defendant as a condition of |
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community supervision to attend an alcohol awareness program or |
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substance misuse [drug] education program described by Subsection |
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(a), unless the judge determines that the defendant is indigent and |
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unable to pay the cost, the judge shall require the defendant to pay |
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the cost of attending the program. The judge may allow the defendant |
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to pay the cost of attending the program in installments during the |
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term of community supervision. |
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SECTION 4. Articles 45.051(b) and (g), Code of Criminal |
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Procedure, are amended to read as follows: |
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(b) During the deferral period, the judge may require the |
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defendant to: |
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(1) post a bond in the amount of the fine assessed as |
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punishment for the offense to secure payment of the fine; |
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(2) pay restitution to the victim of the offense in an |
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amount not to exceed the fine assessed as punishment for the |
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offense; |
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(3) submit to professional counseling; |
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(4) submit to diagnostic testing for alcohol or a |
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controlled substance or drug; |
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(5) submit to a psychosocial assessment; |
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(6) successfully complete an alcohol awareness or |
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substance misuse [drug abuse] treatment or education program, such |
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as: |
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(A) a substance misuse [drug] education program |
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that is designed to educate persons on the dangers of substance |
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misuse [drug abuse] in accordance with Section 521.374(a)(1), |
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Transportation Code, and that is regulated by the Texas Department |
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of Licensing and Regulation under Chapter 171, Government Code; or |
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(B) an alcohol awareness program described by |
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Section 106.115, Alcoholic Beverage Code, that is regulated by the |
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Texas Department of Licensing and Regulation under Chapter 171, |
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Government Code; |
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(7) pay as reimbursement fees the costs of any |
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diagnostic testing, psychosocial assessment, or participation in a |
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treatment or education program either directly or through the court |
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as court costs; |
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(8) complete a driving safety course approved under |
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Chapter 1001, Education Code, or another course as directed by the |
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judge; |
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(9) present to the court satisfactory evidence that |
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the defendant has complied with each requirement imposed by the |
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judge under this article; and |
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(10) comply with any other reasonable condition. |
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(g) If a judge requires a defendant under Subsection (b) to |
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successfully complete an alcohol awareness program or substance |
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misuse [drug] education program as described by Subdivision (6) of |
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that subsection, unless the judge determines that the defendant is |
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indigent and unable to pay the cost, the judge shall require the |
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defendant to pay a reimbursement fee for the cost of the |
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program. The judge may allow the defendant to pay the fee in |
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installments during the deferral period. |
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SECTION 5. Section 53.03(h-1), Family Code, is amended to |
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read as follows: |
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(h-1) If the child is alleged to have engaged in delinquent |
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conduct or conduct indicating a need for supervision that violates |
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Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or |
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481.121, Health and Safety Code, deferred prosecution under this |
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section may include a condition that the child successfully |
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complete a substance misuse [drug] education program that is |
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designed to educate persons on the dangers of substance misuse |
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[drug abuse] in accordance with Section 521.374(a)(1), |
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Transportation Code, and that is regulated by the Texas Department |
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of Licensing and Regulation under Chapter 171, Government Code. |
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SECTION 6. Sections 54.047(a) and (f), Family Code, are |
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amended to read as follows: |
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(a) If the court or jury finds at an adjudication hearing |
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for a child that the child engaged in delinquent conduct or conduct |
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indicating a need for supervision that constitutes a violation of |
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Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or |
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481.121, Health and Safety Code, the court may order that the child |
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successfully complete a substance misuse [drug] education program |
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that is designed to educate persons on the dangers of substance |
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misuse [drug abuse] in accordance with Section 521.374(a)(1), |
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Transportation Code, and that is regulated by the Texas Department |
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of Licensing and Regulation under Chapter 171, Government Code. |
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(f) If the court orders a child under Subsection (a) or (b) |
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to successfully complete a substance misuse [drug] education |
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program or alcohol awareness program, unless the court determines |
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that the parent or guardian of the child is indigent and unable to |
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pay the cost, the court shall require the child's parent or a |
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guardian of the child to pay the cost of the program. The court |
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shall allow the child's parent or guardian to pay the cost of the |
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program in installments. |
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SECTION 7. Section 521.374, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A person whose license is suspended under Section |
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521.372 may: |
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(1) successfully complete an in-person or online |
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educational program, approved by the Texas Department of Licensing |
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and Regulation under Chapter 171, Government Code, that is designed |
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to educate persons on the dangers of substance misuse [drug abuse]; |
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or |
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(2) successfully complete education on the dangers of |
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substance misuse [drug abuse approved by the Department of State |
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Health Services as] equivalent to the educational program described |
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by Subdivision (1), while the person is a resident of a facility for |
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the treatment of substance misuse [drug abuse] or chemical |
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dependency, including: |
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(A) a substance abuse treatment facility or |
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substance abuse felony punishment facility operated by the Texas |
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Department of Criminal Justice under Section 493.009, Government |
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Code; |
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(B) a community corrections facility, as defined |
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by Section 509.001, Government Code; or |
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(C) a chemical dependency treatment facility |
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licensed under Chapter 464, Health and Safety Code. |
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(a-1) The Texas Department of Criminal Justice shall |
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approve the equivalent education in facilities described by |
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Subsections (a)(2)(A) and (B). The Health and Human Services |
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Commission shall approve the equivalent education in a facility |
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described by Subsection (a)(2)(C). |
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SECTION 8. Section 521.375(c), Transportation Code, is |
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amended to read as follows: |
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(c) The Health and Human [Department of State Health] |
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Services Commission shall publish the jointly adopted rules under |
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Subsection (a-1). |
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SECTION 9. The heading to Section 521.376, Transportation |
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Code, is amended to read as follows: |
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Sec. 521.376. DUTIES OF TEXAS DEPARTMENT OF LICENSING AND |
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REGULATION, HEALTH AND HUMAN [AND DEPARTMENT OF STATE HEALTH] |
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SERVICES COMMISSION, AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE; |
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APPLICATION AND RENEWAL FEES. |
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SECTION 10. Section 521.376, Transportation Code, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) The Health and Human [Department of State Health] |
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Services Commission: |
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(1) shall monitor a chemical dependency treatment |
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facility's compliance with providing the approved educational |
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program as [, coordinate, and provide training to residential |
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treatment facilities] described by Section 521.374(a)(2) providing |
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equivalent education; and |
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(2) shall administer the approval of the equivalent |
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education provided in a chemical dependency [residential] |
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treatment facility described by Section 521.374(a)(2)(C). |
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(c) The Texas Department of Criminal Justice: |
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(1) shall monitor the compliance of a facility |
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described by Section 521.374(a)(2)(A) or (B) with providing the |
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approved educational program as described by Section 521.374(a)(2) |
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providing equivalent education; and |
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(2) shall administer the approval of the equivalent |
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educational program provided in a facility described by Section |
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521.374(a)(2)(A) or (B). |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this 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. 5183 was passed by the House on May 2, |
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2023, by the following vote: Yeas 139, Nays 5, 3 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 5183 on May 26, 2023, by the following vote: Yeas 133, Nays 5, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 5183 was passed by the Senate, with |
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amendments, on May 24, 2023, by the following vote: Yeas 30, Nays |
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1. |
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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 |