Texas 2019 - 86th Regular

Texas House Bill HB1013 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R2161 JSC-F
2	2	By: White H.B. No. 1013
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to repealing automatic driver's license suspensions for
8	8	certain drug offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter P, Chapter 521, Transportation Code,
11	11	is repealed.
12	12	SECTION 2. Section 106.115(a), Alcoholic Beverage Code, is
13	13	amended to read as follows:
14	14	(a) On the placement of a minor on deferred disposition for
15	15	an offense under Section 49.02, Penal Code, or under Section
16	16	106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
17	17	shall require the defendant to attend an alcohol awareness program
18	18	approved by the Texas Department of Licensing and Regulation under
19	19	this section, a drug education program approved by the Department
20	20	of State Health Services [in accordance with Section 521.374,
21	21	Transportation Code], or a drug and alcohol driving awareness
22	22	program approved by the Texas Education Agency. On conviction of a
23	23	minor of an offense under one or more of those sections, the court,
24	24	in addition to assessing a fine as provided by those sections, shall
25	25	require a defendant who has not been previously convicted of an
26	26	offense under one of those sections to attend an alcohol awareness
27	27	program, a drug education program, or a drug and alcohol driving
28	28	awareness program described by this subsection. If the defendant
29	29	has been previously convicted once or more of an offense under one
30	30	or more of those sections, the court may require the defendant to
31	31	attend an alcohol awareness program, a drug education program, or a
32	32	drug and alcohol driving awareness program described by this
33	33	subsection. If the defendant is younger than 18 years of age, the
34	34	court may require the parent or guardian of the defendant to attend
35	35	the program with the defendant. The Texas Department of Licensing
36	36	and Regulation or Texas Commission of Licensing and Regulation, as
37	37	appropriate:
38	38	(1) is responsible for the administration of the
39	39	certification of approved alcohol awareness programs;
40	40	(2) may charge a nonrefundable application fee for:
41	41	(A) initial certification of the approval; or
42	42	(B) renewal of the certification;
43	43	(3) shall adopt rules regarding alcohol awareness
44	44	programs approved under this section; and
45	45	(4) shall monitor, coordinate, and provide training to
46	46	a person who provides an alcohol awareness program.
47	47	SECTION 3. Article 42A.514(a), Code of Criminal Procedure,
48	48	is amended to read as follows:
49	49	(a) If a judge grants community supervision to a defendant
50	50	younger than 18 years of age convicted of an alcohol-related
51	51	offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or
52	52	106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or
53	53	an offense involving possession of a controlled substance or
54	54	marihuana under Section 481.115, 481.1151, 481.116, 481.1161,
55	55	481.117, 481.118, or 481.121, Health and Safety Code, the judge may
56	56	require the defendant as a condition of community supervision to
57	57	attend, as appropriate:
58	58	(1) an alcohol awareness program approved under
59	59	Section 106.115, Alcoholic Beverage Code; or
60	60	(2) a drug education program that is designed to
61	61	educate persons on the dangers of drug abuse and is approved by the
62	62	Department of State Health Services [in accordance with Section
63	63	521.374, Transportation Code].
64	64	SECTION 4. Article 45.051(b), Code of Criminal Procedure,
65	65	is amended to read as follows:
66	66	(b) During the deferral period, the judge may require the
67	67	defendant to:
68	68	(1) post a bond in the amount of the fine assessed to
69	69	secure payment of the fine;
70	70	(2) pay restitution to the victim of the offense in an
71	71	amount not to exceed the fine assessed;
72	72	(3) submit to professional counseling;
73	73	(4) submit to diagnostic testing for alcohol or a
74	74	controlled substance or drug;
75	75	(5) submit to a psychosocial assessment;
76	76	(6) participate in an alcohol or drug abuse treatment
77	77	or education program, such as:
78	78	(A) a drug education program that is designed to
79	79	educate persons on the dangers of drug abuse and is approved by the
80	80	Department of State Health Services [in accordance with Section
81	81	521.374, Transportation Code]; or
82	82	(B) an alcohol awareness program described by
83	83	Section 106.115, Alcoholic Beverage Code;
84	84	(7) pay the costs of any diagnostic testing,
85	85	psychosocial assessment, or participation in a treatment or
86	86	education program either directly or through the court as court
87	87	costs;
88	88	(8) complete a driving safety course approved under
89	89	Chapter 1001, Education Code, or another course as directed by the
90	90	judge;
91	91	(9) present to the court satisfactory evidence that
92	92	the defendant has complied with each requirement imposed by the
93	93	judge under this article; and
94	94	(10) comply with any other reasonable condition.
95	95	SECTION 5. Section 53.03(h-1), Family Code, is amended to
96	96	read as follows:
97	97	(h-1) If the child is alleged to have engaged in delinquent
98	98	conduct or conduct indicating a need for supervision that violates
99	99	Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or
100	100	481.121, Health and Safety Code, deferred prosecution under this
101	101	section may include a condition that the child attend a drug
102	102	education program that is designed to educate persons on the
103	103	dangers of drug abuse and is approved by the Department of State
104	104	Health Services [in accordance with Section 521.374,
105	105	Transportation Code].
106	106	SECTION 6. Sections 54.042(a) and (c), Family Code, are
107	107	amended to read as follows:
108	108	(a) A juvenile court, in a disposition hearing under Section
109	109	54.04, shall[:
110	110	[(1)] order the Department of Public Safety to suspend
111	111	a child's driver's license or permit, or if the child does not have a
112	112	license or permit, to deny the issuance of a license or permit to
113	113	the child if the court finds that the child has engaged in conduct
114	114	that:
115	115	(1) [(A)] violates a law of this state enumerated in
116	116	Section 521.342(a), Transportation Code; or
117	117	(2) [(B)] violates a penal law of this state or the
118	118	United States, an element or elements of which involve a severe form
119	119	of trafficking in persons, as defined by 22 U.S.C. Section 7102[; or
120	120	[(2) notify the Department of Public Safety of the
121	121	adjudication, if the court finds that the child has engaged in
122	122	conduct that violates a law of this state enumerated in Section
123	123	521.372(a), Transportation Code].
124	124	(c) The order under Subsection (a) [(a)(1)] shall specify a
125	125	period of suspension or denial of 365 days.
126	126	SECTION 7. Section 54.047(a), Family Code, is amended to
127	127	read as follows:
128	128	(a) If the court or jury finds at an adjudication hearing
129	129	for a child that the child engaged in delinquent conduct or conduct
130	130	indicating a need for supervision that constitutes a violation of
131	131	Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or
132	132	481.121, Health and Safety Code, the court may order that the child
133	133	attend a drug education program that is designed to educate persons
134	134	on the dangers of drug abuse and is approved by the Department of
135	135	State Health Services [in accordance with Section 521.374,
136	136	Transportation Code].
137	137	SECTION 8. Section 521.342(a), Transportation Code, is
138	138	amended to read as follows:
139	139	(a) Except as provided by Section 521.344, the license of a
140	140	person who was under 21 years of age at the time of the offense,
141	141	other than an offense classified as a misdemeanor punishable by
142	142	fine only, is automatically suspended on conviction of:
143	143	(1) an offense under Section 49.04, 49.045, or 49.07,
144	144	Penal Code, committed as a result of the introduction of alcohol
145	145	into the body;
146	146	(2) an offense under the Alcoholic Beverage Code,
147	147	other than an offense to which Section 106.071 of that code applies,
148	148	involving the manufacture, delivery, possession, transportation,
149	149	or use of an alcoholic beverage;
150	150	(3) a misdemeanor offense under Chapter 481, Health
151	151	and Safety Code[, for which Subchapter P does not require the
152	152	automatic suspension of the license];
153	153	(4) an offense under Chapter 483, Health and Safety
154	154	Code, involving the manufacture, delivery, possession,
155	155	transportation, or use of a dangerous drug; or
156	156	(5) an offense under Chapter 485, Health and Safety
157	157	Code, involving the manufacture, delivery, possession,
158	158	transportation, or use of an abusable volatile chemical.
159	159	SECTION 9. This Act takes effect on the 91st day after the
160	160	date the office of the attorney general publishes in the Texas
161	161	Register a finding that:
162	162	(1) the legislature of this state has adopted a
163	163	resolution expressing the legislature's opposition to a law meeting
164	164	the requirements of 23 U.S.C. Section 159 in suspending, revoking,
165	165	or denying the driver's license of a person convicted of a drug
166	166	offense for a period of six months;
167	167	(2) the governor of this state has submitted to the
168	168	United States secretary of transportation:
169	169	(A) a written certification of the governor's
170	170	opposition to the enactment or enforcement of a law required under
171	171	23 U.S.C. Section 159; and
172	172	(B) a written certification that the legislature
173	173	has adopted the resolution described by Subdivision (1) of this
174	174	section; and
175	175	(3) the United States secretary of transportation has
176	176	responded to the governor's submission and certified that highway
177	177	funds will not be withheld from this state in response to the repeal
178	178	of the law required under 23 U.S.C. Section 159.