H.B. No. 642
AN ACT
relating to an alcohol awareness program or drug education program
for certain minors convicted of or adjudicated to have engaged in,
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 106.071(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) Community service ordered under this section must be
related to education about or prevention of misuse of alcohol or
drugs, as applicable, if programs or services providing that
education are available in the community in which the court is
located. If programs or services providing that education are not
available, the court may order community service that it considers
appropriate for rehabilitative purposes.
SECTION 2. Section 106.115(a), Alcoholic Beverage Code, is
amended 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 attend an alcohol awareness program
approved by the Department of State Health Services under this
section, a drug education program approved by the Department of
State Health Services in accordance with Section 521.374,
Transportation Code, or a drug and alcohol driving awareness
program approved by the Texas Education Agency. On conviction of a
minor of an offense under 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 attend an alcohol awareness
program, a drug education program, or a drug and alcohol driving
awareness program described by 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
attend an alcohol awareness program, a drug education program, or a
drug and alcohol driving awareness program described by this
subsection. If the defendant is younger than 18 years of age, the
court may require the parent or guardian of the defendant to attend
the program with the defendant. The Department of State Health
Services:
(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.
SECTION 3. Section 11, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (n) to read as follows:
(n)(1) 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 attend, as appropriate, an alcohol
awareness program approved under Section 106.115, Alcoholic
Beverage Code, or 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, Transportation Code.
(2) If a judge requires a defendant as a condition of
community supervision to attend an alcohol awareness program or
drug education program described by Subdivision (1), unless the
judge determines that the defendant is indigent and unable to pay
the cost, the judge shall require the defendant to pay the cost of
attending the program. The judge may allow the defendant to pay the
cost of attending the program in installments during the term of
community supervision.
SECTION 4. Article 45.051, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (g) 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) 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, Transportation Code; or
(B) an 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.
(g) If a judge requires a defendant under Subsection (b) to
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 the cost of
attending the program. The judge may allow the defendant to pay the
cost of attending the program in installments during the deferral
period.
SECTION 5. 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 may include a condition that the child 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, Transportation
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 attend an alcohol awareness program described by Section
106.115, Alcoholic Beverage Code.
SECTION 6. 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 may
order that the child 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, Transportation 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 attend an alcohol awareness program
described by Section 106.115, Alcoholic Beverage Code.
(c) The court shall, in addition to any 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 Department of State Health Services:
(1) is responsible for the administration of the
certification of drug 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 education
programs approved under this section; and
(4) shall monitor and provide training to a person who
provides a drug education program.
(f) If the court orders a child under Subsection (a) or (b)
to 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 7. Section 521.374(a), Transportation Code, is
amended to read as follows:
(a) A person whose license is suspended under Section
521.372 may attend an educational program, approved by the
Department of State Health Services [Texas Commission on Alcohol
and Drug Abuse] under rules adopted by the executive commissioner
of the Health and Human Services Commission [commission] and the
department, that is designed to educate persons on the dangers of
drug abuse.
SECTION 8. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 642 was passed by the House on April
30, 2015, by the following vote: Yeas 137, Nays 2, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 642 on May 27, 2015, by the following vote: Yeas 142, Nays 1, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 642 was passed by the Senate, with
amendments, on May 24, 2015, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor