By: Guillen (Senate Sponsor - Johnson) H.B. No. 5183
         (In the Senate - Received from the House May 3, 2023;
  May 5, 2023, read first time and referred to Committee on Criminal
  Justice; May 21, 2023, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 0;
  May 21, 2023, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 5183 By:  Flores
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to educational programs for persons whose driver's license
  is suspended following conviction of certain drug offenses.
         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 substance misuse [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), Alcoholic Beverage Code,
  is 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
  substance misuse [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 substance misuse [drug] education program[, or a drug and
  alcohol driving awareness program described by Subsection (a)].
         SECTION 3.  Article 42A.514, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 42A.514.  COMMUNITY SUPERVISION FOR CERTAIN ALCOHOL OR
  DRUG RELATED OFFENSES. (a)  If a judge grants community
  supervision to a defendant younger than 18 years of age convicted of
  an alcohol-related offense under Section 106.02, 106.025, 106.04,
  106.041, 106.05, or 106.07, Alcoholic Beverage Code, or Section
  49.02, Penal Code, or an offense involving possession of a
  controlled substance or marihuana under Section 481.115, 481.1151,
  481.116, 481.1161, 481.117, 481.118, or 481.121, Health and Safety
  Code, the judge may require the defendant as a condition of
  community supervision to successfully complete, as appropriate:
               (1)  an alcohol awareness program under Section
  106.115, Alcoholic Beverage Code, that is regulated by the Texas
  Department of Licensing and Regulation under Chapter 171,
  Government Code; or
               (2)  a substance misuse [drug] education program that
  is designed to educate persons on the dangers of substance misuse
  [drug abuse] in accordance with Section 521.374(a)(1),
  Transportation Code, and that is regulated by the Texas Department
  of Licensing and Regulation under Chapter 171, Government Code.
         (b)  If a judge requires a defendant as a condition of
  community supervision to attend an alcohol awareness program or
  substance misuse [drug] education program described by Subsection
  (a), unless the judge determines that the defendant is indigent and
  unable to pay the cost, the judge shall require the defendant to pay
  the cost of attending the program. The judge may allow the defendant
  to pay the cost of attending the program in installments during the
  term of community supervision.
         SECTION 4.  Articles 45.051(b) and (g), Code of Criminal
  Procedure, are amended to read as follows:
         (b)  During the deferral period, the judge may require the
  defendant to:
               (1)  post a bond in the amount of the fine assessed as
  punishment for the offense to secure payment of the fine;
               (2)  pay restitution to the victim of the offense in an
  amount not to exceed the fine assessed as punishment for the
  offense;
               (3)  submit to professional counseling;
               (4)  submit to diagnostic testing for alcohol or a
  controlled substance or drug;
               (5)  submit to a psychosocial assessment;
               (6)  successfully complete an alcohol awareness or
  substance misuse [drug abuse] treatment or education program, such
  as:
                     (A)  a substance misuse [drug] education program
  that is designed to educate persons on the dangers of substance
  misuse [drug abuse] in accordance with Section 521.374(a)(1),
  Transportation Code, and that is regulated by the Texas Department
  of Licensing and Regulation under Chapter 171, Government Code; or
                     (B)  an alcohol awareness program described by
  Section 106.115, Alcoholic Beverage Code, that is regulated by the
  Texas Department of Licensing and Regulation under Chapter 171,
  Government Code;
               (7)  pay as reimbursement fees the costs of any
  diagnostic testing, psychosocial assessment, or participation in a
  treatment or education program either directly or through the court
  as court costs;
               (8)  complete a driving safety course approved under
  Chapter 1001, Education Code, or another course as directed by the
  judge;
               (9)  present to the court satisfactory evidence that
  the defendant has complied with each requirement imposed by the
  judge under this article; and
               (10)  comply with any other reasonable condition.
         (g)  If a judge requires a defendant under Subsection (b) to
  successfully complete an alcohol awareness program or substance
  misuse [drug] education program as described by Subdivision (6) of
  that subsection, unless the judge determines that the defendant is
  indigent and unable to pay the cost, the judge shall require the
  defendant to pay a reimbursement fee for the cost of the
  program.  The judge may allow the defendant to pay the fee in
  installments during the deferral period.
         SECTION 5.  Section 53.03(h-1), Family Code, is amended to
  read as follows:
         (h-1)  If the child is alleged to have engaged in delinquent
  conduct or conduct indicating a need for supervision that violates
  Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or
  481.121, Health and Safety Code, deferred prosecution under this
  section may include a condition that the child successfully
  complete a substance misuse [drug] education program that is
  designed to educate persons on the dangers of substance misuse
  [drug abuse] in accordance with Section 521.374(a)(1),
  Transportation Code, and that is regulated by the Texas Department
  of Licensing and Regulation under Chapter 171, Government Code.
         SECTION 6.  Sections 54.047(a) and (f), Family Code, are
  amended to read as follows:
         (a)  If the court or jury finds at an adjudication hearing
  for a child that the child engaged in delinquent conduct or conduct
  indicating a need for supervision that constitutes a violation of
  Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or
  481.121, Health and Safety Code, the court may order that the child
  successfully complete a substance misuse [drug] education program
  that is designed to educate persons on the dangers of substance
  misuse [drug abuse] in accordance with Section 521.374(a)(1),
  Transportation Code, and that is regulated by the Texas Department
  of Licensing and Regulation under Chapter 171, Government Code.
         (f)  If the court orders a child under Subsection (a) or (b)
  to successfully complete a substance misuse [drug] education
  program or alcohol awareness program, unless the court determines
  that the parent or guardian of the child is indigent and unable to
  pay the cost, the court shall require the child's parent or a
  guardian of the child to pay the cost of the program.  The court
  shall allow the child's parent or guardian to pay the cost of the
  program in installments.
         SECTION 7.  Section 521.374, Transportation Code, is amended
  by amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  A person whose license is suspended under Section
  521.372 may:
               (1)  successfully complete an in-person or online
  educational program, approved by the Texas Department of Licensing
  and Regulation under Chapter 171, Government Code, that is designed
  to educate persons on the dangers of substance misuse [drug abuse];
  or
               (2)  successfully complete education on the dangers of
  substance misuse [drug abuse approved by the Department of State
  Health Services as] equivalent to the educational program described
  by Subdivision (1), while the person is a resident of a facility for
  the treatment of substance misuse [drug abuse] or chemical
  dependency, including:
                     (A)  a substance abuse treatment facility or
  substance abuse felony punishment facility operated by the Texas
  Department of Criminal Justice under Section 493.009, Government
  Code;
                     (B)  a community corrections facility, as defined
  by Section 509.001, Government Code; or
                     (C)  a chemical dependency treatment facility
  licensed under Chapter 464, Health and Safety Code.
         (a-1)  The Texas Department of Criminal Justice shall
  approve the equivalent education in facilities described by
  Subsections (a)(2)(A) and (B). The Health and Human Services
  Commission shall approve the equivalent education in a facility
  described by Subsection (a)(2)(C).
         SECTION 8.  Section 521.375(c), Transportation Code, is
  amended to read as follows:
         (c)  The Health and Human [Department of State Health]
  Services Commission shall publish the jointly adopted rules under
  Subsection (a-1).
         SECTION 9.  The heading to Section 521.376, Transportation
  Code, is amended to read as follows:
         Sec. 521.376.  DUTIES OF TEXAS DEPARTMENT OF LICENSING AND
  REGULATION, HEALTH AND HUMAN [AND DEPARTMENT OF STATE HEALTH]
  SERVICES COMMISSION, AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE;
  APPLICATION AND RENEWAL FEES.
         SECTION 10.  Section 521.376, Transportation Code, is
  amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  The Health and Human [Department of State Health]
  Services Commission:
               (1)  shall monitor a chemical dependency treatment
  facility's compliance with providing the approved educational
  program as [, coordinate, and provide training to  residential
  treatment facilities] described by Section 521.374(a)(2) providing
  equivalent education; and
               (2)  shall administer the approval of the equivalent
  education provided in a chemical dependency [residential]
  treatment facility described by Section 521.374(a)(2)(C).
         (c)  The Texas Department of Criminal Justice:
               (1)  shall monitor the compliance of a facility
  described by Section 521.374(a)(2)(A) or (B) with providing the
  approved educational program as described by Section 521.374(a)(2)
  providing equivalent education; and
               (2)  shall administer the approval of the equivalent
  educational program provided in a facility described by Section
  521.374(a)(2)(A) or (B).
         SECTION 11.  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.
 
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