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: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 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 |
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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 | ||
[ |
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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) [ |
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section that is regulated under Chapter 171, Government Code; | ||
(2) [ |
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521.374(a)(1) [ |
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under Chapter 171, Government Code; or | ||
(3) a drug and alcohol driving awareness program under | ||
Section 1001.103, Education Code [ |
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(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 [ |
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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 | ||
[ |
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a drug and alcohol driving awareness program described by | ||
Subsection (a) [ |
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previously convicted once or more of an offense under one or more of | ||
those sections, the court may require the defendant to successfully | ||
complete [ |
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program, or a drug and alcohol driving awareness program described | ||
by Subsection (a) [ |
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(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 [ |
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(a) with the defendant. [ |
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[ |
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[ |
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[ |
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[ |
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[ |
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[ |
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(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 [ |
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the court [ |
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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 [ |
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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 [ |
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after the date community supervision is granted, an educational | ||
program designed to rehabilitate persons who have driven while | ||
intoxicated that is regulated [ |
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[ |
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under Chapter 171, Government Code [ |
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[ |
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[ |
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[ |
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(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; [ |
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(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 [ |
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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 [ |
||
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; [ |
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(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 [ |
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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 [ |
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community supervision, or waives the required completion of | ||
[ |
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required to successfully complete [ |
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program, or the required completion of [ |
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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 [ |
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subsequent educational program under Article 42A.403 or 42A.404, | ||
although the previously required completion [ |
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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 [ |
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(1) an alcohol awareness program [ |
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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 [ |
||
521.374(a)(1) [ |
||
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 [ |
||
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 [ |
||
521.374(a)(1) [ |
||
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 [ |
||
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 [ |
||
educate persons on the dangers of drug abuse [ |
||
521.374(a)(1) [ |
||
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 [ |
||
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 [ |
||
designed to educate persons on the dangers of drug abuse [ |
||
with Section 521.374(a)(1) [ |
||
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 [ |
||
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 [ |
||
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 [ |
||
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[ |
||
[ |
||
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 [ |
||
online educational program, approved by the Texas Department of | ||
Licensing and Regulation [ |
||
under Chapter 171, Government Code [ |
||
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) [ |
||
(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[ |
||
[ |
||
[ |
||
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) [ |
||
(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[ |
||
[ |
||
[ |
||
by Section 521.374(a)(2) providing equivalent education; and | ||
(2) shall administer the approval of the [ |
||
treatment facility[ |
||
[ |
||
[ |
||
[ |
||
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. |