83R2907 GCB-D
By: Canales H.B. No. 3632
A BILL TO BE ENTITLED
AN ACT
relating to a mandatory drug, alcohol, and substance abuse
education program for certain minors convicted of, or placed on
deferred disposition or community supervision for, certain drug or
alcohol related offenses; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 106.115, Alcoholic Beverage Code, is
amended by adding Subsections (a-1) and (a-2) to read as follows:
(a-1) The Texas Commission on Alcohol and Drug Abuse may
approve as an alcohol awareness program under this section a drug,
alcohol, and substance abuse education program approved by the
commission under Section 54.047, Family Code.
(a-2) A court may satisfy the requirement of this section by
ordering a defendant described by Subsection (a) to attend:
(1) the alcohol awareness program approved under
Subsection (a); or
(2) the drug, alcohol, and substance abuse education
program approved under Subsection (a-1).
SECTION 2. Section 11, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (n) to read as follows:
(n) 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, 106.05, or 106.07,
Alcoholic Beverage Code, or Section 49.02, Penal Code, or an
offense involving possession of a controlled substance under
Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or
481.121, Health and Safety Code, the judge shall require the
defendant as a condition of community supervision to attend, as
appropriate, an alcohol awareness program approved under Section
106.115, Alcoholic Beverage Code, or a drug, alcohol, and substance
abuse education program approved under Section 54.047, Family Code.
SECTION 3. Article 45.051(b), Code of Criminal Procedure,
is 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 to
secure payment of the fine;
(2) pay restitution to the victim of the offense in an
amount not to exceed the fine assessed;
(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) participate in an alcohol or drug abuse treatment
or education program, such as:
(A) the drug, alcohol, and substance abuse
education program approved by the Texas Commission on Alcohol and
Drug Abuse under Section 54.047, Family Code; or
(B) the alcohol awareness program described by
Section 106.115, Alcoholic Beverage Code;
(7) pay 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.
SECTION 4. Section 53.03, Family Code, is amended by adding
Subsections (h-1) and (h-2) 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 must include a condition that the child attend a drug,
alcohol, and substance abuse education program approved by the
Texas Commission on Alcohol and Drug Abuse under Section 54.047.
(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, 106.05, or 106.07, Alcoholic
Beverage Code, or Section 49.02, Penal Code, deferred prosecution
under this section must include a condition that the child attend:
(1) a drug, alcohol, and substance abuse education
program approved by the Texas Commission on Alcohol and Drug Abuse
under Section 54.047; or
(2) an alcohol awareness program described by Section
106.115, Alcoholic Beverage Code.
SECTION 5. Section 54.047, Family Code, is amended to read
as follows:
Sec. 54.047. ALCOHOL OR DRUG RELATED OFFENSE. (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 [or delinquent conduct] 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
shall order that the child attend a drug, alcohol, and substance
abuse education program approved by the Texas Commission on Alcohol
and Drug Abuse.
(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, 106.05, or 106.07,
Alcoholic Beverage Code, or Section 49.02, Penal Code, the court
shall order that a child attend:
(1) the approved drug, alcohol, and substance abuse
education program described by this section; or
(2) an alcohol awareness program described by Section
106.115, Alcoholic Beverage Code.
(c) The court shall, in addition to the order described by
Subsection (a) or (b), [subject to a finding under Section
54.04(c),] order[, in addition to any other order authorized by
this title,] that, in the manner provided by Section 106.071(d),
Alcoholic Beverage Code:
(1) the child perform community service; and
(2) the child's driver's license or permit be
suspended or that the child be denied issuance of a driver's license
or permit.
(d) An order under this section:
(1) is subject to a finding under Section 54.04(c);
and
(2) may be issued in addition to any other order
authorized by this title.
(e) The Texas Commission on Alcohol and Drug Abuse:
(1) is responsible for the administration of the
certification of drug, alcohol, and substance abuse education
programs;
(2) may charge a nonrefundable application fee for:
(A) initial certification of approval; or
(B) renewal of the certification;
(3) shall adopt rules regarding drug, alcohol, and
substance abuse education programs approved under this section;
and
(4) shall monitor and provide training to a person who
provides a drug, alcohol, and substance abuse education program.
SECTION 6. This Act takes effect September 1, 2013.