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A BILL TO BE ENTITLED
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AN ACT
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relating to approved court-ordered alcohol awareness programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 106.115(a) and (a-1), Alcoholic |
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Beverage Code, are amended 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 education program under Section |
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521.374(a)(1), Transportation Code, that is regulated under |
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Chapter 171, Government Code; or |
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(3) any six-hour alcohol awareness program approved by |
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the court. |
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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 a [an alcohol awareness program or a |
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substance misuse education] program described by Subsection (a). |
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If the defendant has been previously convicted once or more of an |
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offense under one or more of those sections, the court may require |
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the defendant to successfully complete a [an alcohol awareness |
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program or a substance misuse education] program described by |
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Subsection (a). |
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SECTION 2. Article 45A.303(b), Code of Criminal Procedure, |
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is 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) secure payment of the fine by posting a bond in the |
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amount of the fine assessed as punishment for the offense; |
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(2) pay restitution to the victim of the offense in an |
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amount not to exceed the amount of the fine assessed as punishment |
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for the 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 the costs of any diagnostic testing, |
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psychosocial assessment, or treatment or education program |
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participation as reimbursement fees: |
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(A) directly; or |
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(B) through the court 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 subchapter; and |
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(10) comply with any other reasonable condition. |
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SECTION 3. Section 53.03(h-2), Family Code, is amended to |
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read as follows: |
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(h-2) 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 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, |
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Alcoholic Beverage Code, or Section 49.02, Penal Code, deferred |
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prosecution under this section may include a condition that the |
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child successfully complete an alcohol awareness program described |
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by Section 106.115, Alcoholic Beverage Code[, that is regulated by |
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the Texas Department of Licensing and Regulation under Chapter 171, |
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Government Code]. |
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SECTION 4. Section 54.047(b), Family Code, is amended to |
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read as follows: |
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(b) 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 violates the alcohol-related |
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offenses in Section 106.02, 106.025, 106.04, 106.041, 106.05, or |
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106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, the |
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court may order that the child successfully complete an alcohol |
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awareness program described by Section 106.115, Alcoholic Beverage |
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Code[, that is regulated by the Texas Department of Licensing and |
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Regulation under Chapter 171, Government Code]. |
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SECTION 5. Sections 106.115(b-1) and (b-2), Alcoholic |
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Beverage Code, are repealed. |
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SECTION 6. To the extent of any conflict, this Act prevails |
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over another Act of the 89th Legislature, Regular Session, 2025, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 7. This Act takes effect September 1, 2025. |