Bill Text: TX HB4184 | 2021-2022 | 87th Legislature | Engrossed


Bill Title: Relating to the licensing and regulation of certain drug and alcohol related court-ordered educational programs; providing administrative penalties; requiring occupational licenses; authorizing fees; creating criminal offenses.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2021-05-17 - Received from the House [HB4184 Detail]

Download: Texas-2021-HB4184-Engrossed.html
 
 
  By: Guillen, Muñoz, Jr., Ramos, Raymond, H.B. No. 4184
      Guerra
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the licensing and regulation of certain drug and
  alcohol related court-ordered educational programs; providing
  administrative penalties; requiring occupational licenses;
  authorizing fees; creating criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 2, Government Code, is amended by adding
  Subtitle M to read as follows:
  SUBTITLE M. COURT PROGRAMS REGULATION
  CHAPTER 171. EDUCATIONAL PROGRAMS REGULATED BY TEXAS DEPARTMENT OF
  LICENSING AND REGULATION
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 171.0001.  DEFINITIONS. In this chapter:
               (1)  "Alcohol educational program for minors" means an
  alcohol awareness program described by Section 106.115, Alcoholic
  Beverage Code.
               (2)  "Certificate of program completion" means a
  uniform, serially numbered certificate that is given by a program
  provider to a participant who successfully completes a
  court-ordered program.
               (3)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (4)  "Court-ordered program" means any of the following
  programs:
                     (A)  the alcohol educational program for minors;
                     (B)  the drug offense educational program;
                     (C)  the intervention program for intoxication
  offenses; or
                     (D)  the educational program for intoxication
  offenses.
               (5)  "Department" means the Texas Department of
  Licensing and Regulation.
               (6)  "Drug offense educational program" means an
  educational program described by Section 521.374(a)(1),
  Transportation Code.
               (7)  "Educational program for intoxication offenses"
  means an educational program described by Article 42A.403, Code of
  Criminal Procedure.
               (8)  "Executive director" means the executive director
  of the department.
               (9)  "Instructor" means a person licensed by the
  department to instruct a court-ordered program.
               (10)  "Intervention program for intoxication offenses"
  means an educational program described by Article 42A.404, Code of
  Criminal Procedure.
               (11)  "Participant" means a person who attends, takes,
  or completes a court-ordered program.
               (12)  "Program provider" means a person licensed by the
  department to offer or provide a court-ordered program.
         Sec. 171.0002.  APPLICABILITY. This chapter does not affect
  a court’s jurisdiction or authority to require court-ordered
  programs. A court may specify the type and format of the
  court-ordered program that must be completed by the individual.
  SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION, DEPARTMENT, AND
  EXECUTIVE DIRECTOR
         Sec. 171.0051.  GENERAL POWERS AND DUTIES. The commission,
  department, or executive director, as appropriate, shall
  administer and enforce this chapter.
         Sec. 171.0052.  POWERS AND DUTIES OF DEPARTMENT. The
  department shall:
               (1)  prescribe the application form for a license under
  this chapter;
               (2)  evaluate the qualifications of applicants; and
               (3)  enforce minimum standards applicable to program
  providers, instructors, and court-ordered programs.
         Sec. 171.0053.  RULES. (a) The commission shall adopt rules
  necessary to administer and enforce this chapter. The rules
  regulating court-ordered programs under this chapter must include:
               (1)  the criteria for program administration;
               (2)  the structure, length, content, and manner of
  program delivery;
               (3)  the criteria for a participant to successfully
  complete the program;
               (4)  maintenance of program and participant records;
               (5)  reports to be filed with the department; and
               (6)  the use of supplemental educational materials.
         (b)  The commission may adopt rules for court-ordered
  programs related to:
               (1)  program security and attendance verification;
               (2)  participant privacy;
               (3)  the conduct of instructors;
               (4)  teaching requirements for instructors; and
               (5)  participant evaluations, screenings, and exit
  interviews.
         (c)  The commission may require different information to be
  reported for each type of court-ordered program.
         (d)  The commission may consult with other state agencies in
  the development of rules under this section.
         Sec. 171.0054.  FEES. (a) The commission by rule shall set
  fees in amounts that are reasonable and necessary to cover the costs
  of administering and enforcing this chapter, which may include fees
  for:
               (1)  the issuance or renewal of a license;
               (2)  instructor training courses, materials, and any
  applicable examinations or end-of-course assessments;
               (3)  instructor continuing education courses;
               (4)  the issuance of a certificate of program
  completion or a certificate number; and
               (5)  the curricula and materials used for a
  court-ordered program.
         (b)  A fee imposed by the department under this chapter is
  not refundable.
         (c)  The department or the department's authorized
  representative may collect a fee imposed under this chapter. An
  authorized representative of the department may charge a fee only
  in accordance with the terms of a contract with the department.
         Sec. 171.0055.  FORMAT OF COURT-ORDERED PROGRAM. A provider
  may offer a court-ordered program under this chapter in-person or
  online.
         Sec. 171.0056.  CODE OF ETHICS. The commission shall adopt
  and publish a code of ethics for license holders.
         Sec. 171.0057.  ELECTRONIC TRANSMISSION OF PROGRAM
  INFORMATION. The department may develop and implement procedures
  to electronically transmit information regarding court-ordered
  programs to municipal and justice courts.
         Sec. 171.0058.  MEMORANDUM OF UNDERSTANDING. The department
  may enter into a memorandum of understanding with the Department of
  Public Safety, the Texas Department of Transportation, the Texas
  Department of Criminal Justice, the Health and Human Services
  Commission, the Department of State Health Services, the Office of
  Court Administration of the Texas Judicial System, or any other
  appropriate state agency regarding the development of rules,
  curricula, certificates of program completion, or certificate
  numbers for court-ordered programs.
  SUBCHAPTER C. PROGRAM PROVIDER LICENSE REQUIREMENTS
         Sec. 171.0101.  PROGRAM PROVIDER LICENSE REQUIRED. A person
  may not provide or offer to provide a court-ordered program unless
  the person holds a program provider license issued under this
  chapter.
         Sec. 171.0102.  ELIGIBILITY REQUIREMENTS FOR PROGRAM
  PROVIDER LICENSE. (a) The commission by rule shall establish
  eligibility requirements and criteria for the issuance of a program
  provider license under this chapter.
         (b)  The commission by rule may establish eligibility
  requirements based on:
               (1)  the type of court-ordered program the applicant
  seeks to provide;
               (2)  whether the program is offered in-person or
  online;
               (3)  if the program is offered in-person, the location
  where the program will be provided; and
               (4)  the location of the applicant's headquarters and
  any branch locations.
         Sec. 171.0103.  PROGRAM PROVIDER LICENSE ENDORSEMENTS. (a)
  A license for a program provider must be endorsed with one or more
  of the following classifications:
               (1)  the alcohol educational program for minors;
               (2)  the drug offense educational program;
               (3)  the educational program for intoxication
  offenses; or
               (4)  the intervention program for intoxication
  offenses.
         (b)  A license holder may not provide a court-ordered program
  for which the person's license is not endorsed.
         Sec. 171.0104.  ISSUANCE OF PROGRAM PROVIDER LICENSE. The
  department shall issue a program provider license to an applicant
  who:
               (1)  meets the eligibility requirements and criteria
  established by commission rule;
               (2)  submits a completed application to the department
  on the form prescribed by the department; and
               (3)  pays the nonrefundable license application fee set
  by the commission.
  SUBCHAPTER D. INSTRUCTOR LICENSE REQUIREMENTS AND ISSUANCE
         Sec. 171.0151.  INSTRUCTOR LICENSE REQUIRED. A person may
  not instruct or represent that the person is an instructor of a
  court-ordered program to which this chapter applies unless the
  person holds an instructor license issued under this subchapter
  with the appropriate endorsement for that program.
         Sec. 171.0152.  ISSUANCE OF INSTRUCTOR LICENSE. (a) The
  department shall issue an instructor license for a particular
  court-ordered program to an applicant who:
               (1)  meets the eligibility requirements and criteria
  established by commission rule;
               (2)  submits a completed application to the department
  on the form prescribed by the department;
               (3)  successfully completes the instructor training
  course and any applicable examinations or end-of-course
  assessments under Section 171.0155; and
               (4)  pays the license application fee.
         (b)  An instructor shall carry the instructor license at all
  times while providing instruction at a court-ordered program.
         Sec. 171.0153.  INSTRUCTOR LICENSE ENDORSEMENTS. (a) An
  instructor license must be endorsed with one or more of the
  following classifications:
               (1)  the alcohol educational program for minors;
               (2)  the drug offense educational program;
               (3)  the educational program for intoxication
  offenses; or
               (4)  the intervention program for intoxication
  offenses.
         (b)  A license holder may not instruct a court-ordered
  program for which the person's license is not endorsed.
         Sec. 171.0154.  ELIGIBILITY REQUIREMENTS FOR INSTRUCTOR
  LICENSE. The commission by rule shall establish requirements for
  the issuance of an instructor license under this chapter. The
  commission by rule may establish eligibility criteria for
  instructors based on the type of court-ordered program for which
  the applicant seeks an endorsement, including education and
  experience requirements.
         Sec. 171.0155.  INSTRUCTOR TRAINING COURSE; EXAMINATION OR
  ASSESSMENT. (a) The commission by rule shall establish the
  requirements for the instructor training course and any applicable
  examinations or end-of-course assessments.
         (b)  The department or the department's authorized
  representative shall provide the training course and administer
  examinations for applicants for an instructor license.
         (c)  The applicant must pay all fees associated with the
  instructor training course and any applicable examinations or
  end-of-course assessments.
  SUBCHAPTER E. RESTRICTIONS ON LICENSE
         Sec. 171.0201.  LICENSE NOT TRANSFERABLE. A license issued
  under this chapter is not transferable or assignable.
         Sec. 171.0202.  PROGRAM PROVIDER CHANGE OF OWNERSHIP. Not
  less than 30 days before the date of a change in ownership of a
  program provider, the proposed new owner must apply for a new
  program provider license with an endorsement for each type of
  court-ordered program to be offered by the new owner.
  SUBCHAPTER F. LICENSE TERM AND RENEWAL
         Sec. 171.0251.  LICENSE TERM. A license issued under this
  chapter is valid for one or two years from the date of issuance as
  prescribed by commission rule.
         Sec. 171.0252.  LICENSE RENEWAL. The commission by rule
  shall establish the requirements for renewing a license issued
  under this chapter, including the payment of applicable fees.
         Sec. 171.0253.  CONTINUING EDUCATION FOR RENEWAL OF
  INSTRUCTOR LICENSE. The commission by rule shall establish the
  minimum number of hours of continuing education that a license
  holder must complete to renew an instructor license issued under
  Subchapter D. The commission may require a different number of
  hours of continuing education for each type of court-ordered
  program for which the license holder holds an endorsement.
  SUBCHAPTER G. REQUIREMENTS FOR COURT-ORDERED PROGRAMS
         Sec. 171.0301.  GENERAL REQUIREMENTS FOR COURT-ORDERED
  PROGRAMS. (a) The department or the department's authorized
  representative shall develop the curriculum and educational
  materials to be used for each court-ordered program.
         (b)  A court-ordered program must be:
               (1)  provided by a program provider licensed for the
  type of program;
               (2)  taught by an instructor with the appropriate
  endorsement for the program using curriculum approved by the
  department; and
               (3)  delivered in the program format or at the location
  approved by the department.
         (c)  A program provider may only employ or contract with an
  instructor who holds a license with an endorsement for the program
  being provided.
         Sec. 171.0302.  DISCRIMINATION PROHIBITED. A program
  provider or instructor may not discriminate against participants
  based on sex, race, religion, age, national or ethnic origin, or
  disability.
         Sec. 171.0303.  CERTIFICATE OF PROGRAM COMPLETION. (a) The
  department shall issue or provide for the issuance of a certificate
  of program completion or certificate number showing completion of a
  court-ordered program.
         (b)  The commission by rule shall provide for the form,
  design, content, and distribution of certificates of program
  completion and certificate numbers.
         (c)  The commission by rule shall adopt a system for program
  providers to provide for the appropriate care, custody, and control
  of certificates of program completion and certificate numbers.
         (d)  The commission by rule shall establish requirements
  regarding the submission of a copy of a certificate of program
  completion or certificate number to the appropriate court, state
  agency, or community supervision and corrections department.
         (e)  A program provider shall submit to the department
  information regarding programs, instructors, and participants.
  The commission may require different information to be reported for
  each type of court-ordered program.
         (f)  A program provider shall submit to the department
  required information relating to certificates of program
  completion issued by the program provider in a manner prescribed by
  the department.
         Sec. 171.0304.  DISPLAY OF LICENSE AND DEPARTMENT CONTACT
  INFORMATION. The commission by rule shall establish:
               (1)  requirements for providers and instructors
  regarding the displaying or posting of a license or providing
  notice of a license number to a participant of a court-ordered
  program; and
               (2)  notification methods for providers and
  instructors to provide a participant with the name of the
  department, mailing address, telephone number, and Internet
  website address for the purpose of submitting a complaint regarding
  the court-ordered program.
         Sec. 171.0305.  ADVERTISEMENTS. The commission by rule may
  establish requirements regarding advertisements for providers,
  instructors, and court-ordered programs.
         Sec. 171.0306.  INFORMATION REQUIRED. A program provider
  shall maintain and make available to participants information
  regarding course fees, schedules, methods of course delivery, and
  locations, as applicable, for all court-ordered programs provided
  by the program provider.
  SUBCHAPTER H. PROHIBITED PRACTICES AND ENFORCEMENT
         Sec. 171.0351.  PROHIBITED PRACTICES BY ALL LICENSE HOLDERS.
  A license holder may not:
               (1)  use advertising that is false, misleading, or
  deceptive; or
               (2)  issue, sell, trade, or transfer a certificate of
  program completion or a certificate number to a person who has not
  successfully completed the applicable court-ordered program or who
  is not otherwise authorized to possess the certificate or number.
         Sec. 171.0352.  GROUNDS FOR DISCIPLINARY ACTIONS. The
  commission or executive director may deny an application for an
  initial or renewal license, revoke or suspend a license, place on
  probation a person whose license has been suspended, or reprimand a
  license holder who:
               (1)  violates this chapter, a rule adopted under this
  chapter, or an order of the commission or executive director;
               (2)  permits or engages in misrepresentation, fraud, or
  deceit regarding a court-ordered program provided or instructed by
  the license holder;
               (3)  engages in conduct that harms, endangers, or is
  likely to harm or endanger the health, welfare, or safety of a
  participant or the public as defined by commission rule;
               (4)  violates the code of ethics adopted and published
  by the commission; or
               (5)  violates a standard of practice or conduct as
  adopted by commission rule.
         Sec. 171.0353.  DISCIPLINARY ACTION; ADMINISTRATIVE
  PENALTY.  If a person violates this chapter or an order issued or a
  rule adopted under this chapter, the person is subject to any action
  or penalty under Subchapter F or G, Chapter 51, Occupations Code.
         Sec. 171.0354.  AUDITS OF PROVIDERS AND PROGRAMS. (a)  The
  department may conduct audits of the program providers and the
  court-ordered programs to verify compliance with this chapter.
  These audits may be conducted on-site, remotely, or through other
  means, and may include audits of records and courses.
         (b)  A program provider, instructor, or any person
  associated with a court-ordered program shall:
               (1)  cooperate with the department during an audit
  under this section;
               (2)  provide or make available to the department any
  documents or records related to the audit, unless otherwise
  prohibited by law; and
               (3)  provide the department with access to courses and
  facilities related to the audit.
         Sec. 171.0355.  INVESTIGATIONS. (a) A program provider,
  instructor, or any person associated with a court-ordered program
  shall:
               (1)  cooperate with the department during an
  investigation of a complaint under this chapter; and
               (2)  provide or make available to the department on
  request any documents or records related to the investigation,
  including all instructor records, unless otherwise prohibited by
  law.
         (b)  The department may contract with the Department of
  Public Safety to provide investigative assistance in the
  enforcement of this chapter.
         Sec. 171.0356.  UNLAWFUL TRANSFER OF CERTIFICATE OF PROGRAM
  COMPLETION OR CERTIFICATE NUMBER; OFFENSE.  (a)  A person commits an
  offense if the person knowingly sells, trades, issues, or otherwise
  transfers, or possesses with intent to sell, trade, issue, or
  otherwise transfer, a certificate of program completion or a
  certificate number to a person not authorized to possess the
  certificate or number.
         (b)  An offense under this section is a felony of the third
  degree.
         Sec. 171.0357.  UNLAWFUL POSSESSION OF CERTIFICATE OF
  PROGRAM COMPLETION OR CERTIFICATE NUMBER; OFFENSE.  (a)  A person
  commits an offense if the person knowingly possesses a certificate
  of program completion or a certificate number that the person is not
  authorized to possess under this chapter.
         (b)  An offense under this section is a felony of the third
  degree.
         SECTION 2.  The heading to Section 106.115, Alcoholic
  Beverage Code, is amended to read as follows:
         Sec. 106.115.  ATTENDANCE AT ALCOHOL AWARENESS PROGRAM
  [COURSE]; LICENSE SUSPENSION.
         SECTION 3.  Section 106.115, Alcoholic Beverage Code, is
  amended by amending Subsections (a) and (b-2) and adding
  Subsections (a-1) and (a-2) 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)  [attend] an alcohol awareness program [approved by
  the Texas Department of Licensing and Regulation] under this
  section that is regulated under Chapter 171, Government Code;
               (2)  [,] a drug education program under [approved by
  the Department of State Health Services in accordance with] Section
  521.374(a)(1) [521.374], 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 [approved by the Texas Education
  Agency].
         (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 [one or more of those sections], 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 
  [attend] an alcohol awareness program, a drug education program, or
  a drug and alcohol driving awareness program described by
  Subsection (a) [this subsection]. 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 [attend] an alcohol awareness program, a drug education
  program, or a drug and alcohol driving awareness program described
  by Subsection (a) [this subsection].
         (a-2)  If the defendant is younger than 18 years of age, the
  court may require the parent or guardian of the defendant to
  successfully complete [attend] the program described by Subsection
  (a) with the defendant.  [The Texas Department of Licensing and
  Regulation or Texas Commission of Licensing and Regulation, as
  appropriate:
               [(1)  is responsible for the administration of the
  certification of approved alcohol awareness programs;
               [(2)  may charge a nonrefundable application fee for:
                     [(A)  initial certification of the approval; or
                     [(B)  renewal of the certification;
               [(3)  shall adopt rules regarding alcohol awareness
  programs approved under this section; and
               [(4)  shall monitor, coordinate, and provide training
  to a person who provides an alcohol awareness program.]
         (b-2)  For purposes of Subsection (b-1), if the defendant is
  enrolled in an institution of higher education located in a county
  in which access to an alcohol awareness program is readily
  available, the court may consider the defendant to be a resident of
  that county. If the defendant is not enrolled in such an institution
  of higher education or if the court does not consider the defendant
  to be a resident of the county in which the institution is located,
  the defendant's residence is the residence listed on the
  defendant's driver's license or personal identification
  certificate issued by the Department of Public Safety. If the
  defendant does not have a driver's license or personal
  identification certificate issued by the Department of Public
  Safety, the defendant's residence is the residence on the
  defendant's voter registration certificate. If the defendant is not
  registered to vote, the defendant's residence is the residence on
  file with the public school district on which the defendant's
  enrollment is based. If the defendant is not enrolled in public
  school, the defendant's residence is determined [as provided] by
  the court [commission rule].
         SECTION 4.  The heading to Article 42A.403, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 42A.403.  EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION
  OFFENSES [OFFENDERS]; WAIVER OR EXTENSION OF TIME.
         SECTION 5.  Articles 42A.403(a) and (d), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  A judge who places on community supervision a defendant
  convicted of an offense under Sections 49.04-49.08, Penal Code,
  shall require as a condition of community supervision that the
  defendant [attend and] successfully complete, before the 181st day
  after the date community supervision is granted, an educational
  program designed to rehabilitate persons who have driven while
  intoxicated that is regulated [jointly approved] by[:
               [(1)]  the Texas Department of Licensing and Regulation
  under Chapter 171, Government Code [;
               [(2)  the Department of Public Safety;
               [(3)  the traffic safety section of the traffic
  operations division of the Texas Department of Transportation; and
               [(4)  the community justice assistance division of the
  Texas Department of Criminal Justice].
         (d)  In determining good cause, the judge may consider but is
  not limited to:
               (1)  the defendant's school and work schedule;
               (2)  the defendant's health;
               (3)  the distance that the defendant must travel to
  attend an in-person educational program; [and]
               (4)  the fact that the defendant resides out of state,
  does not have a valid driver's license, or does not have access to
  transportation; and
               (5)  whether the defendant has access to reliable
  Internet service sufficient to successfully complete an
  educational program offered online.
         SECTION 6.  The heading to Article 42A.404, Code of Criminal
  Procedure, is amended to read as follows:
         Art. 42A.404.  EDUCATIONAL PROGRAM FOR CERTAIN REPEAT
  INTOXICATION OFFENSES [OFFENDERS]; WAIVER.
         SECTION 7.  Articles 42A.404(a) and (b), Code of Criminal
  Procedure, are amended to read as follows:
         (a)  The judge shall require a defendant who is punished
  under Section 49.09, Penal Code, to attend and successfully
  complete as a condition of community supervision an educational
  program for repeat offenders that is regulated [approved] by the
  Texas Department of Licensing and Regulation under Chapter 171,
  Government Code.
         (b)  The judge may waive the educational program requirement
  if the defendant by a motion in writing shows good cause. In
  determining good cause, the judge may consider:
               (1)  the defendant's school and work schedule;
               (2)  the defendant's health;
               (3)  the distance that the defendant must travel to
  attend an in-person educational program; [and]
               (4)  whether the defendant resides out of state or does
  not have access to transportation; and
               (5)  whether the defendant has access to reliable
  Internet service sufficient to successfully complete an
  educational program offered online.
         SECTION 8.  Article 42A.406(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  If a defendant is required as a condition of community
  supervision to successfully complete [attend] an educational
  program under Article 42A.403 or 42A.404, or if the court waives the
  educational program requirement under Article 42A.403 or the
  defendant successfully completes equivalent education under
  Article 42A.4045, the court clerk shall immediately report that
  fact to the Department of Public Safety, on a form prescribed by the
  department, for inclusion in the defendant's driving record. If
  the court grants an extension of time in which the defendant may
  complete the educational program under Article 42A.403, the court
  clerk shall immediately report that fact to the Department of
  Public Safety on a form prescribed by the department. The clerk's
  report under this subsection must include the beginning date of the
  defendant's community supervision.
         SECTION 9.  Articles 42A.407(b) and (c), Code of Criminal
  Procedure, are amended to read as follows:
         (b)  Notwithstanding Sections 521.344(d)-(i),
  Transportation Code, if under Article 42A.404 the judge requires a
  defendant punished under Section 49.09, Penal Code, to successfully
  complete [attend] an educational program as a condition of
  community supervision, or waives the required completion of 
  [attendance for] the program, and the defendant has previously been
  required to successfully complete [attend] such an educational
  program, or the required completion of [attendance at] the program
  had been waived, the judge shall order the suspension of the
  defendant's driver's license for a period determined by the judge
  according to the following schedule:
               (1)  not less than 90 days or more than one year, if the
  defendant is convicted under Sections 49.04-49.08, Penal Code;
               (2)  not less than 180 days or more than two years, if
  the defendant is punished under Section 49.09(a) or (b), Penal
  Code; or
               (3)  not less than one year or more than two years, if
  the defendant is convicted of a second or subsequent offense under
  Sections 49.04-49.08, Penal Code, committed within five years of
  the date on which the most recent preceding offense was committed.
         (c)  If the Department of Public Safety receives notice that
  a defendant has been required to successfully complete [attend] a
  subsequent educational program under Article 42A.403 or 42A.404,
  although the previously required completion [attendance] had been
  waived, but the judge has not ordered a period of suspension, the
  department shall:
               (1)  suspend the defendant's driver's license; or
               (2)  issue an order prohibiting the defendant from
  obtaining a license for a period of one year.
         SECTION 10.  Article 42A.514(a), Code of Criminal Procedure,
  is amended to read as follows:
         (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 [attend], as appropriate:
               (1)  an alcohol awareness program [approved] 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 drug education program that is designed to
  educate persons on the dangers of drug abuse [and is approved by the
  Department of State Health Services] in accordance with Section
  521.374(a)(1) [521.374], Transportation Code, and that is
  regulated by the Texas Department of Licensing and Regulation under
  Chapter 171, Government Code.
         SECTION 11.  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 [participate in] an alcohol
  or drug abuse treatment or education program, such as:
                     (A)  a drug education program that is designed to
  educate persons on the dangers of drug abuse [and is approved by the
  Department of State Health Services] in accordance with Section
  521.374(a)(1) [521.374], 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 [attend] an alcohol awareness program or 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 attending the
  program.  The judge may allow the defendant to pay the fee in
  installments during the deferral period.
         SECTION 12.  Sections 53.03(h-1) and (h-2), Family Code, are
  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 [attend] a drug education program that is designed to
  educate persons on the dangers of drug abuse [and is approved by the
  Department of State Health Services] in accordance with Section
  521.374(a)(1) [521.374], Transportation Code, and that is
  regulated by the Texas Department of Licensing and Regulation under
  Chapter 171, Government Code.
         (h-2)  If the child is alleged to have engaged in delinquent
  conduct or conduct indicating a need for supervision that violates
  Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07,
  Alcoholic Beverage Code, or Section 49.02, Penal Code, deferred
  prosecution under this section may include a condition that the
  child successfully complete [attend] 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.
         SECTION 13.  Sections 54.047(a), (b), 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 [attend] a drug education program that is
  designed to educate persons on the dangers of drug abuse [and is
  approved by the Department of State Health Services] in accordance
  with Section 521.374(a)(1) [521.374], Transportation Code, and
  that is regulated by the Texas Department of Licensing and
  Regulation under Chapter 171, Government Code.
         (b)  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 violates the alcohol-related
  offenses in Section 106.02, 106.025, 106.04, 106.041, 106.05, or
  106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, the
  court may order that the child successfully complete [attend] 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.
         (f)  If the court orders a child under Subsection (a) or (b)
  to successfully complete [attend] a 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 attending the program. The court shall
  allow the child's parent or guardian to pay the cost of [attending]
  the program in installments.
         SECTION 14.  Section 461A.052(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The department shall:
               (1)  provide for research and study of the problems of
  chemical dependency in this state and seek to focus public
  attention on those problems through public information and
  education programs;
               (2)  plan, develop, coordinate, evaluate, and
  implement constructive methods and programs for the prevention,
  intervention, treatment, and rehabilitation of chemical dependency
  in cooperation with federal and state agencies, local governments,
  organizations, and persons, and provide technical assistance,
  funds, and consultation services for statewide and community-based
  services;
               (3)  cooperate with and enlist the assistance of:
                     (A)  other state, federal, and local agencies;
                     (B)  hospitals and clinics;
                     (C)  public health, welfare, and criminal justice
  system authorities;
                     (D)  educational and medical agencies and
  organizations; and
                     (E)  other related public and private groups and
  persons;
               (4)  expand chemical dependency services for children
  when funds are available because of the long-term benefits of those
  services to this state and its citizens;
               (5)  sponsor, promote, and conduct educational
  programs on the prevention and treatment of chemical dependency,
  and maintain a public information clearinghouse to purchase and
  provide books, literature, audiovisuals, and other educational
  material for the programs;
               (6)  sponsor, promote, and conduct training programs
  for persons delivering prevention, intervention, treatment, and
  rehabilitation services and for persons in the criminal justice
  system or otherwise in a position to identify the service needs of
  persons with a chemical dependency and their families;
               (7)  require programs rendering services to persons
  with a chemical dependency to safeguard those persons' legal rights
  of citizenship and maintain the confidentiality of client records
  as required by state and federal law;
               (8)  maximize the use of available funds for direct
  services rather than administrative services;
               (9)  consistently monitor the expenditure of funds and
  the provision of services by all grant and contract recipients to
  assure that the services are effective and properly staffed and
  meet the standards adopted under this chapter;
               (10)  make the monitoring reports prepared under
  Subdivision (9) a matter of public record;
               (11)  license treatment facilities under Chapter 464;
               (12)  use funds appropriated to the department for
  purposes of providing chemical dependency services and related
  programs to carry out those purposes and maximize the overall state
  allotment of federal funds;
               (13)  plan, develop, coordinate, evaluate, and
  implement constructive methods and programs to provide healthy
  alternatives for youth at risk of selling controlled substances;
  and
               (14)  submit to the federal government reports and
  strategies necessary to comply with Section 1926 of the federal
  Alcohol, Drug Abuse, and Mental Health Administration
  Reorganization Act, Pub. L. No. 102-321 (42 U.S.C. Section
  300x-26), and coordinate the reports and strategies with
  appropriate state governmental entities[; and
               [(15)  regulate, coordinate, and provide training for
  alcohol awareness courses required under Section 106.115,
  Alcoholic Beverage Code, and may charge a fee for an activity
  performed by the department under this subdivision].
         SECTION 15.  Section 521.374(a), Transportation Code, as
  amended by Chapters 838 (S.B. 202), 851 (S.B. 1070), and 1004 (H.B.
  642), Acts of the 84th Legislature, Regular Session, 2015, is
  reenacted and amended to read as follows:
         (a)  A person whose license is suspended under Section
  521.372 may:
               (1)  successfully complete [attend] an in-person or
  online educational program, approved by the Texas Department of
  Licensing and Regulation [Department of State Health Services]
  under Chapter 171, Government Code [rules adopted by the Texas
  Commission of Licensing and Regulation executive commissioner of
  the Health and Human Services Commission and the department], that
  is designed to educate persons on the dangers of drug abuse; or
               (2)  successfully complete education on the dangers of
  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
  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.
         SECTION 16.  Section 521.374(b), Transportation Code, is
  amended to read as follows:
         (b)  The period of suspension or prohibition under Section
  521.372(c) continues for an indefinite period until the individual
  successfully completes the in-person or online educational program
  under Subsection (a)(1) or is released from the residential
  treatment facility at which the individual successfully completed
  equivalent education under Subsection (a)(2), as applicable.
         SECTION 17.  Section 521.375, Transportation Code, as
  amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the
  84th Legislature, Regular Session, 2015, is reenacted and amended
  to read as follows:
         Sec. 521.375.  JOINT ADOPTION OF RULES. (a) The Texas
  Commission of Licensing and Regulation and the department shall
  jointly adopt rules for the qualification and approval of providers
  of in-person and online educational programs under Section
  521.374(a)(1) [521.374].
         (a-1)  The executive commissioner of the Health and Human
  Services Commission and the department shall jointly adopt rules
  for the qualification and approval of[:
               [(1)  providers of educational programs under Section
  521.374(a)(1); and
               [(2)]  equivalent education provided in a residential
  treatment facility described by Section 521.374(a)(2).
         (b)  The Texas Department of Licensing and Regulation shall
  publish the jointly adopted rules under Subsection (a).
         (c)  The Department of State Health Services shall publish
  the jointly adopted rules under Subsection (a-1).
         SECTION 18.  Section 521.376, Transportation Code, as
  amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the
  84th Legislature, Regular Session, 2015, is reenacted and amended
  to read as follows:
         Sec. 521.376.  DUTIES OF TEXAS DEPARTMENT OF LICENSING AND
  REGULATION AND DEPARTMENT OF STATE HEALTH SERVICES; APPLICATION AND
  RENEWAL FEES. (a) The Texas Department of Licensing and
  Regulation:
               (1)  shall monitor, coordinate, and provide training to
  persons who provide in-person and online educational programs under
  Section 521.374(a)(1) [521.374];
               (2)  shall administer the approval of those in-person
  and online educational programs; and
               (3)  may charge a nonrefundable application fee to the
  provider of an in-person or online educational program under
  Section 521.374(a)(1) for:
                     (A)  initial certification of approval; and
                     (B)  renewal of the certification.
         (b)  The Department of State Health Services:
               (1)  shall monitor, coordinate, and provide training
  to[:
                     [(A)  persons who provide educational programs
  under Section 521.374(a)(1); and
                     [(B)]  residential treatment facilities described
  by Section 521.374(a)(2) providing equivalent education; and
               (2)  shall administer the approval of the [educational
  programs and the] equivalent education provided in a residential
  treatment facility[; and
               [(3)  may charge a nonrefundable application fee to the
  provider of an educational program under Section 521.374(a)(1) for:
                     [(A)  initial certification of approval; and
                     [(B)  renewal of the certification].
         SECTION 19.  The following provisions are repealed:
               (1)  Section 106.115(b), Alcoholic Beverage Code;
               (2)  Article 42A.405, Code of Criminal Procedure; and
               (3)  Section 54.047(e), Family Code.
         SECTION 20.  (a)  For purposes of this section, any reference
  in law to a license to provide or instruct a court-ordered program
  includes a certification under the law as it existed immediately
  before the effective date of this Act.
         (b)  On the effective date of this Act, a program provider
  license or an instructor license issued before the effective date
  of this Act shall continue to be valid until the license expires.
         (c)  An application for an initial program provider or
  instructor license or for renewal of a program provider or
  instructor license submitted to the Texas Department of Licensing
  and Regulation on or after the effective date of this Act is
  governed by Chapter 171, Government Code, as added by this Act.  An
  application submitted before that date is governed by the laws and
  rules in effect when the application was submitted, and the former
  laws and rules are continued in effect for that purpose.
         (d)  A person who holds an instructor license prior to the
  effective date of this Act is eligible to renew that license on or
  after the effective date of this Act, if:
               (1)  the license is current or is within the late
  renewal period; and
               (2)  the person's instructor eligibility requirements
  remain in effect at the time of renewal.
         (e)  On or after the effective date of this Act, if a person's
  instructor license expires beyond the late renewal period or if the
  license is revoked, the person must apply for a new license and meet
  the instructor eligibility and other license requirements in effect
  at the time of the new application.
         SECTION 21.  (a)  As soon as practicable after the effective
  date of this Act, the Texas Commission of Licensing and Regulation,
  the Texas Department of Licensing and Regulation, and the executive
  director of the Texas Department of Licensing and Regulation, as
  appropriate, shall adopt rules and forms necessary to implement
  Chapter 171, Government Code, as added by this Act.
         (b)  All rules, fees, policies, procedures, decisions, and
  forms that relate to a program or activity regulated under this Act
  and that are in effect on the effective date of this Act remain in
  effect until changed by the Texas Commission of Licensing and
  Regulation, the Texas Department of Licensing and Regulation, or
  the executive director of the Texas Department of Licensing and
  Regulation, as appropriate.
         SECTION 22.  This Act takes effect September 1, 2021.
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