BILL ANALYSIS

H.B. 3442

By: Reynolds

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Current law requires a judge to require minors convicted of certain alcohol-related offenses, or those placed on deferred disposition, to successfully complete an alcohol awareness or substance misuse education program that is regulated by the Texas Department of Licensing and Regulation (TDLR) and also authorizes a judge to require adults on deferred disposition to successfully complete an applicable TDLR-regulated program. H.B. 3442 seeks to improve access to alcohol awareness education by allowing courts the option of requiring successful completion by the applicable individual of any six-hour alcohol awareness program approved by the court as an alternative to an applicable TDLR-regulated program.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3442 amends the Alcoholic Beverage Code to include any six-hour alcohol awareness program approved by the court as one of the court-ordered programs the court, on the placement of a minor on deferred disposition for a public intoxication offense, certain alcohol-related offenses by a minor, or a misrepresentation of age by a minor offense, must require the defendant to successfully complete.

H.B. 3442 amends the Code of Criminal Procedure and the Family Code to reflect the addition of court-approved six-hour alcohol awareness programs by removing the specification that the alcohol awareness program is such a program that is regulated by the Texas Department of Licensing and Regulation (TDLR).

H.B. 3442 repeals the Alcoholic Beverage Code provision that authorizes a court, if a 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, to allow the defendant to take an online alcohol awareness program approved by TDLR or to require the defendant to perform not less than eight hours of additional community service related to alcohol abuse prevention or treatment instead of attending the alcohol awareness program.

H.B. 3442 establishes that, to the extent of any conflict, the bill prevails over another act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.

H.B. 3442 repeals Sections 106.115(b-1) and (b-2), Alcoholic Beverage Code.

EFFECTIVE DATE

September 1, 2025.