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.