Texas 2021 - 87th Regular

Texas Senate Bill SB1480 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1480
	1	+	By: Johnson S.B. No. 1480
	2	+	(Guillen)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the licensing and regulation of certain drug and
6	8		alcohol related court-ordered educational programs; providing
7	9		administrative penalties; requiring occupational licenses;
8	10		authorizing fees; creating criminal offenses.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Title 2, Government Code, is amended by adding
11	13		Subtitle M to read as follows:
12	14		SUBTITLE M. COURT PROGRAMS REGULATION
13	15		CHAPTER 171. EDUCATIONAL PROGRAMS REGULATED BY TEXAS DEPARTMENT OF
14	16		LICENSING AND REGULATION
15	17		SUBCHAPTER A. GENERAL PROVISIONS
16	18		Sec. 171.0001. DEFINITIONS. In this chapter:
17	19		(1) "Alcohol educational program for minors" means an
18	20		alcohol awareness program described by Section 106.115, Alcoholic
19	21		Beverage Code.
20	22		(2) "Certificate of program completion" means a
21	23		uniform, serially numbered certificate that is given by a program
22	24		provider to a participant who successfully completes a
23	25		court-ordered program.
24	26		(3) "Commission" means the Texas Commission of
25	27		Licensing and Regulation.
26	28		(4) "Court-ordered program" means any of the following
27	29		programs:
28	30		(A) the alcohol educational program for minors;
29	31		(B) the drug offense educational program;
30	32		(C) the intervention program for intoxication
31	33		offenses; or
32	34		(D) the educational program for intoxication
33	35		offenses.
34	36		(5) "Department" means the Texas Department of
35	37		Licensing and Regulation.
36	38		(6) "Drug offense educational program" means an
37	39		educational program described by Section 521.374(a)(1),
38	40		Transportation Code.
39	41		(7) "Educational program for intoxication offenses"
40	42		means an educational program described by Article 42A.403, Code of
41	43		Criminal Procedure.
42	44		(8) "Executive director" means the executive director
43	45		of the department.
44	46		(9) "Instructor" means a person licensed by the
45	47		department to instruct a court-ordered program.
46	48		(10) "Intervention program for intoxication offenses"
47	49		means an educational program described by Article 42A.404, Code of
48	50		Criminal Procedure.
49	51		(11) "Participant" means a person who attends, takes,
50	52		or completes a court-ordered program.
51	53		(12) "Program provider" means a person licensed by the
52	54		department to offer or provide a court-ordered program.
53	55		Sec. 171.0002. APPLICABILITY. This chapter does not affect
54	56		a court’s jurisdiction or authority to require court-ordered
55	57		programs. A court may specify the type and format of the
56	58		court-ordered program that must be completed by the individual.
57	59		SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION, DEPARTMENT, AND
58	60		EXECUTIVE DIRECTOR
59	61		Sec. 171.0051. GENERAL POWERS AND DUTIES. The commission,
60	62		department, or executive director, as appropriate, shall
61	63		administer and enforce this chapter.
62	64		Sec. 171.0052. POWERS AND DUTIES OF DEPARTMENT. The
63	65		department shall:
64	66		(1) prescribe the application form for a license under
65	67		this chapter;
66	68		(2) evaluate the qualifications of applicants; and
67	69		(3) enforce minimum standards applicable to program
68	70		providers, instructors, and court-ordered programs.
69	71		Sec. 171.0053. RULES. (a) The commission shall adopt rules
70	72		necessary to administer and enforce this chapter. The rules
71	73		regulating court-ordered programs under this chapter must include:
72	74		(1) the criteria for program administration;
73	75		(2) the structure, length, content, and manner of
74	76		program delivery;
75	77		(3) the criteria for a participant to successfully
76	78		complete the program;
77	79		(4) maintenance of program and participant records;
78	80		(5) reports to be filed with the department; and
79	81		(6) the use of supplemental educational materials.
80	82		(b) The commission may adopt rules for court-ordered
81	83		programs related to:
82	84		(1) program security and attendance verification;
83	85		(2) participant privacy;
84	86		(3) the conduct of instructors;
85	87		(4) teaching requirements for instructors; and
86	88		(5) participant evaluations, screenings, and exit
87	89		interviews.
88	90		(c) The commission may require different information to be
89	91		reported for each type of court-ordered program.
90	92		(d) The commission may consult with other state agencies in
91	93		the development of rules under this section.
92	94		Sec. 171.0054. FEES. (a) The commission by rule shall set
93	95		fees in amounts that are reasonable and necessary to cover the costs
94	96		of administering and enforcing this chapter, which may include fees
95	97		for:
96	98		(1) the issuance or renewal of a license;
97	99		(2) instructor training courses, materials, and any
98	100		applicable examinations or end-of-course assessments;
99	101		(3) instructor continuing education courses;
100	102		(4) the issuance of a certificate of program
101	103		completion or a certificate number; and
102	104		(5) the curricula and materials used for a
103	105		court-ordered program.
104	106		(b) A fee imposed by the department under this chapter is
105	107		not refundable.
106	108		(c) The department or the department's authorized
107	109		representative may collect a fee imposed under this chapter. An
108	110		authorized representative of the department may charge a fee only
109	111		in accordance with the terms of a contract with the department.
110	112		Sec. 171.0055. FORMAT OF COURT-ORDERED PROGRAM. A provider
111	113		may offer a court-ordered program under this chapter in-person or
112	114		online.
113	115		Sec. 171.0056. CODE OF ETHICS. The commission shall adopt
114	116		and publish a code of ethics for license holders.
115	117		Sec. 171.0057. ELECTRONIC TRANSMISSION OF PROGRAM
116	118		INFORMATION. The department may develop and implement procedures
117	119		to electronically transmit information regarding court-ordered
118	120		programs to municipal and justice courts.
119	121		Sec. 171.0058. MEMORANDUM OF UNDERSTANDING. The department
120	122		may enter into a memorandum of understanding with the Department of
121	123		Public Safety, the Texas Department of Transportation, the Texas
122	124		Department of Criminal Justice, the Health and Human Services
123	125		Commission, the Department of State Health Services, the Office of
124	126		Court Administration of the Texas Judicial System, or any other
125	127		appropriate state agency regarding the development of rules,
126	128		curricula, certificates of program completion, or certificate
127	129		numbers for court-ordered programs.
128	130		SUBCHAPTER C. PROGRAM PROVIDER LICENSE REQUIREMENTS
129	131		Sec. 171.0101. PROGRAM PROVIDER LICENSE REQUIRED. A person
130	132		may not provide or offer to provide a court-ordered program unless
131	133		the person holds a program provider license issued under this
132	134		chapter.
133	135		Sec. 171.0102. ELIGIBILITY REQUIREMENTS FOR PROGRAM
134	136		PROVIDER LICENSE. (a) The commission by rule shall establish
135	137		eligibility requirements and criteria for the issuance of a program
136	138		provider license under this chapter.
137	139		(b) The commission by rule may establish eligibility
138	140		requirements based on:
139	141		(1) the type of court-ordered program the applicant
140	142		seeks to provide;
141	143		(2) whether the program is offered in-person or
142		-	online; ~~and~~
	144	+	online;
143	145		(3) if the program is offered in-person, the location
144		-	where the program will be provided.
	146	+	where the program will be provided; and
	147	+	(4) the location of the applicant's headquarters and
	148	+	any branch locations.
145	149		Sec. 171.0103. PROGRAM PROVIDER LICENSE ENDORSEMENTS. (a)
146	150		A license for a program provider must be endorsed with one or more
147	151		of the following classifications:
148	152		(1) the alcohol educational program for minors;
149	153		(2) the drug offense educational program;
150	154		(3) the educational program for intoxication
151	155		offenses; or
152	156		(4) the intervention program for intoxication
153	157		offenses.
154	158		(b) A license holder may not provide a court-ordered program
155	159		for which the person's license is not endorsed.
156	160		Sec. 171.0104. ISSUANCE OF PROGRAM PROVIDER LICENSE. The
157	161		department shall issue a program provider license to an applicant
158	162		who:
159	163		(1) meets the eligibility requirements and criteria
160	164		established by commission rule;
161	165		(2) submits a completed application to the department
162	166		on the form prescribed by the department; and
163	167		(3) pays the nonrefundable license application fee set
164	168		by the commission.
165	169		SUBCHAPTER D. INSTRUCTOR LICENSE REQUIREMENTS AND ISSUANCE
166	170		Sec. 171.0151. INSTRUCTOR LICENSE REQUIRED. A person may
167	171		not instruct or represent that the person is an instructor of a
168	172		court-ordered program to which this chapter applies unless the
169	173		person holds an instructor license issued under this subchapter
170	174		with the appropriate endorsement for that program.
171	175		Sec. 171.0152. ISSUANCE OF INSTRUCTOR LICENSE. (a) The
172	176		department shall issue an instructor license for a particular
173	177		court-ordered program to an applicant who:
174	178		(1) meets the eligibility requirements and criteria
175	179		established by commission rule;
176	180		(2) submits a completed application to the department
177	181		on the form prescribed by the department;
178	182		(3) successfully completes the instructor training
179	183		course and any applicable examinations or end-of-course
180	184		assessments under Section 171.0155; and
181	185		(4) pays the license application fee.
182	186		(b) An instructor shall carry the instructor license at all
183	187		times while providing instruction at a court-ordered program.
184	188		Sec. 171.0153. INSTRUCTOR LICENSE ENDORSEMENTS. (a) An
185	189		instructor license must be endorsed with one or more of the
186	190		following classifications:
187	191		(1) the alcohol educational program for minors;
188	192		(2) the drug offense educational program;
189	193		(3) the educational program for intoxication
190	194		offenses; or
191	195		(4) the intervention program for intoxication
192	196		offenses.
193	197		(b) A license holder may not instruct a court-ordered
194	198		program for which the person's license is not endorsed.
195	199		Sec. 171.0154. ELIGIBILITY REQUIREMENTS FOR INSTRUCTOR
196	200		LICENSE. The commission by rule shall establish requirements for
197	201		the issuance of an instructor license under this chapter. The
198	202		commission by rule may establish eligibility criteria for
199	203		instructors based on the type of court-ordered program for which
200	204		the applicant seeks an endorsement, including education and
201	205		experience requirements.
202	206		Sec. 171.0155. INSTRUCTOR TRAINING COURSE; EXAMINATION OR
203	207		ASSESSMENT. (a) The commission by rule shall establish the
204	208		requirements for the instructor training course and any applicable
205	209		examinations or end-of-course assessments.
206	210		(b) The department or the department's authorized
207	211		representative shall provide the training course and administer
208	212		examinations for applicants for an instructor license.
209	213		(c) The applicant must pay all fees associated with the
210	214		instructor training course and any applicable examinations or
211	215		end-of-course assessments.
212	216		SUBCHAPTER E. RESTRICTIONS ON LICENSE
213	217		Sec. 171.0201. LICENSE NOT TRANSFERABLE. A license issued
214	218		under this chapter is not transferable or assignable.
215	219		Sec. 171.0202. PROGRAM PROVIDER CHANGE OF OWNERSHIP. Not
216	220		less than 30 days before the date of a change in ownership of a
217	221		program provider, the proposed new owner must apply for a new
218	222		program provider license with an endorsement for each type of
219	223		court-ordered program to be offered by the new owner.
220	224		SUBCHAPTER F. LICENSE TERM AND RENEWAL
221	225		Sec. 171.0251. LICENSE TERM. A license issued under this
222	226		chapter is valid for one or two years from the date of issuance as
223	227		prescribed by commission rule.
224	228		Sec. 171.0252. LICENSE RENEWAL. The commission by rule
225	229		shall establish the requirements for renewing a license issued
226	230		under this chapter, including the payment of applicable fees.
227	231		Sec. 171.0253. CONTINUING EDUCATION FOR RENEWAL OF
228	232		INSTRUCTOR LICENSE. The commission by rule shall establish the
229	233		minimum number of hours of continuing education that a license
230	234		holder must complete to renew an instructor license issued under
231	235		Subchapter D. The commission may require a different number of
232	236		hours of continuing education for each type of court-ordered
233	237		program for which the license holder holds an endorsement.
234	238		SUBCHAPTER G. REQUIREMENTS FOR COURT-ORDERED PROGRAMS
235	239		Sec. 171.0301. GENERAL REQUIREMENTS FOR COURT-ORDERED
236	240		PROGRAMS. (a) The department or the department's authorized
237	241		representative shall develop the curriculum and educational
238	242		materials to be used for each court-ordered program.
239	243		(b) A court-ordered program must be:
240	244		(1) provided by a program provider licensed for the
241	245		type of program;
242	246		(2) taught by an instructor with the appropriate
243	247		endorsement for the program using curriculum approved by the
244	248		department; and
245	249		(3) delivered in the program format or at the location
246	250		approved by the department.
247	251		(c) A program provider may only employ or contract with an
248	252		instructor who holds a license with an endorsement for the program
249	253		being provided.
250	254		Sec. 171.0302. DISCRIMINATION PROHIBITED. A program
251	255		provider or instructor may not discriminate against participants
252	256		based on sex, race, religion, age, national or ethnic origin, or
253	257		disability.
254	258		Sec. 171.0303. CERTIFICATE OF PROGRAM COMPLETION. (a) The
255	259		department shall issue or provide for the issuance of a certificate
256	260		of program completion or certificate number showing completion of a
257	261		court-ordered program.
258	262		(b) The commission by rule shall provide for the form,
259	263		design, content, and distribution of certificates of program
260	264		completion and certificate numbers.
261	265		(c) The commission by rule shall adopt a system for program
262	266		providers to provide for the appropriate care, custody, and control
263	267		of certificates of program completion and certificate numbers.
264	268		(d) The commission by rule shall establish requirements
265	269		regarding the submission of a copy of a certificate of program
266	270		completion or certificate number to the appropriate court, state
267	271		agency, or community supervision and corrections department.
268	272		(e) A program provider shall submit to the department
269	273		information regarding programs, instructors, and participants.
270	274		The commission may require different information to be reported for
271	275		each type of court-ordered program.
272	276		(f) A program provider shall submit to the department
273	277		required information relating to certificates of program
274	278		completion issued by the program provider in a manner prescribed by
275	279		the department.
276	280		Sec. 171.0304. DISPLAY OF LICENSE AND DEPARTMENT CONTACT
277	281		INFORMATION. The commission by rule shall establish:
278	282		(1) requirements for providers and instructors
279	283		regarding the displaying or posting of a license or providing
280	284		notice of a license number to a participant of a court-ordered
281	285		program; and
282	286		(2) notification methods for providers and
283	287		instructors to provide a participant with the name of the
284	288		department, mailing address, telephone number, and Internet
285	289		website address for the purpose of submitting a complaint regarding
286	290		the court-ordered program.
287		-	Sec. 171.0305. INFORMATION REQUIRED. A program provider
	291	+	Sec. 171.0305. ADVERTISEMENTS. The commission by rule may
	292	+	establish requirements regarding advertisements for providers,
	293	+	instructors, and court-ordered programs.
	294	+	Sec. 171.0306. INFORMATION REQUIRED. A program provider
288	295		shall maintain and make available to participants information
289	296		regarding course fees, schedules, methods of course delivery, and
290	297		locations, as applicable, for all court-ordered programs provided
291	298		by the program provider.
292	299		SUBCHAPTER H. PROHIBITED PRACTICES AND ENFORCEMENT
293	300		Sec. 171.0351. PROHIBITED PRACTICES BY ALL LICENSE HOLDERS.
294	301		A license holder may not:
295	302		(1) use advertising that is false, misleading, or
296	303		deceptive; or
297	304		(2) issue, sell, trade, or transfer a certificate of
298	305		program completion or a certificate number to a person who has not
299	306		successfully completed the applicable court-ordered program or who
300	307		is not otherwise authorized to possess the certificate or number.
301	308		Sec. 171.0352. GROUNDS FOR DISCIPLINARY ACTIONS. The
302	309		commission or executive director may deny an application for an
303	310		initial or renewal license, revoke or suspend a license, place on
304	311		probation a person whose license has been suspended, or reprimand a
305	312		license holder who:
306	313		(1) violates this chapter, a rule adopted under this
307	314		chapter, or an order of the commission or executive director;
308	315		(2) permits or engages in misrepresentation, fraud, or
309	316		deceit regarding a court-ordered program provided or instructed by
310	317		the license holder;
311	318		(3) engages in conduct that harms, endangers, or is
312	319		likely to harm or endanger the health, welfare, or safety of a
313	320		participant or the public as defined by commission rule;
314	321		(4) violates the code of ethics adopted and published
315	322		by the commission; or
316	323		(5) violates a standard of practice or conduct as
317	324		adopted by commission rule.
318	325		Sec. 171.0353. DISCIPLINARY ACTION; ADMINISTRATIVE
319	326		PENALTY. If a person violates this chapter or an order issued or a
320	327		rule adopted under this chapter, the person is subject to any action
321	328		or penalty under Subchapter F or G, Chapter 51, Occupations Code.
322	329		Sec. 171.0354. AUDITS OF PROVIDERS AND PROGRAMS. (a) The
323	330		department may conduct audits of the program providers and the
324	331		court-ordered programs to verify compliance with this chapter.
325	332		These audits may be conducted onsite, remotely, or through other
326	333		means, and may include audits of records and courses.
327	334		(b) A program provider, instructor, or any person
328	335		associated with a court-ordered program shall:
329	336		(1) cooperate with the department during an audit
330	337		under this section;
331	338		(2) provide or make available to the department any
332	339		documents or records related to the audit, unless otherwise
333	340		prohibited by law; and
334	341		(3) provide the department with access to courses and
335	342		facilities related to the audit.
336	343		Sec. 171.0355. INVESTIGATIONS. (a) A program provider,
337	344		instructor, or any person associated with a court-ordered program
338	345		shall:
339	346		(1) cooperate with the department during an
340	347		investigation of a complaint under this chapter; and
341	348		(2) provide or make available to the department on
342	349		request any documents or records related to the investigation,
343	350		including all instructor records, unless otherwise prohibited by
344	351		law.
345	352		(b) The department may contract with the Department of
346	353		Public Safety to provide investigative assistance in the
347	354		enforcement of this chapter.
348	355		Sec. 171.0356. UNLAWFUL TRANSFER OF CERTIFICATE OF PROGRAM
349	356		COMPLETION OR CERTIFICATE NUMBER; OFFENSE. (a) A person commits an
350	357		offense if the person knowingly sells, trades, issues, or otherwise
351	358		transfers, or possesses with intent to sell, trade, issue, or
352	359		otherwise transfer, a certificate of program completion or a
353	360		certificate number to a person not authorized to possess the
354	361		certificate or number.
355		-	(b) An offense under this section is a Class A misdemeanor.
	362	+	(b) An offense under this section is a felony of the third
	363	+	degree.
356	364		Sec. 171.0357. UNLAWFUL POSSESSION OF CERTIFICATE OF
357	365		PROGRAM COMPLETION OR CERTIFICATE NUMBER; OFFENSE. (a) A person
358	366		commits an offense if the person knowingly possesses a certificate
359	367		of program completion or a certificate number that the person is not
360	368		authorized to possess under this chapter.
361		-	(b) An offense under this section is a Class A misdemeanor.
	369	+	(b) An offense under this section is a felony of the third
	370	+	degree.
362	371		SECTION 2. The heading to Section 106.115, Alcoholic
363	372		Beverage Code, is amended to read as follows:
364		-	Sec. 106.115. [ATTENDANCE AT] ALCOHOL AWARENESS PROGRAM
	373	+	Sec. 106.115. ATTENDANCE AT ALCOHOL AWARENESS PROGRAM
365	374		[COURSE]; LICENSE SUSPENSION.
366	375		SECTION 3. Section 106.115, Alcoholic Beverage Code, is
367	376		amended by amending Subsections (a) and (b-2) and adding
368	377		Subsections (a-1) and (a-2) to read as follows:
369	378		(a) On the placement of a minor on deferred disposition for
370	379		an offense under Section 49.02, Penal Code, or under Section
371	380		106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
372	381		shall require the defendant to successfully complete one of the
373	382		following programs:
374	383		(1) [attend] an alcohol awareness program [approved by
375	384		the Texas Department of Licensing and Regulation] under this
376	385		section that is regulated under Chapter 171, Government Code;
377	386		(2) [,] a drug education program under [approved by
378	387		the Department of State Health Services in accordance with] Section
379	388		521.374(a)(1) [521.374], Transportation Code, that is regulated
380	389		under Chapter 171, Government Code; or
381	390		(3) a drug and alcohol driving awareness program under
382	391		Section 1001.103, Education Code [approved by the Texas Education
383	392		Agency].
384	393		(a-1) On conviction of a minor of an offense under Section
385	394		49.02, Penal Code, or Section 106.02, 106.025, 106.04, 106.041,
386	395		106.05, or 106.07 [one or more of those sections], the court, in
387	396		addition to assessing a fine as provided by those sections, shall
388	397		require a defendant who has not been previously convicted of an
389	398		offense under one of those sections to successfully complete
390	399		[attend] an alcohol awareness program, a drug education program, or
391	400		a drug and alcohol driving awareness program described by
392	401		Subsection (a) [this subsection]. If the defendant has been
393	402		previously convicted once or more of an offense under one or more of
394	403		those sections, the court may require the defendant to successfully
395	404		complete [attend] an alcohol awareness program, a drug education
396	405		program, or a drug and alcohol driving awareness program described
397	406		by Subsection (a) [this subsection].
398	407		(a-2) If the defendant is younger than 18 years of age, the
399		-	court may require the parent or guardian of the defendant to attend
400		-	the program described by Subsection (a) with the defendant. [The
401		-	Texas Department of Licensing and Regulation or Texas Commission of
402		-	Licensing and Regulation, as appropriate:
	408	+	court may require the parent or guardian of the defendant to
	409	+	successfully complete [attend] the program described by Subsection
	410	+	(a) with the defendant. [The Texas Department of Licensing and
	411	+	Regulation or Texas Commission of Licensing and Regulation, as
	412	+	appropriate:
403	413		[(1) is responsible for the administration of the
404	414		certification of approved alcohol awareness programs;
405	415		[(2) may charge a nonrefundable application fee for:
406	416		[(A) initial certification of the approval; or
407	417		[(B) renewal of the certification;
408	418		[(3) shall adopt rules regarding alcohol awareness
409	419		programs approved under this section; and
410	420		[(4) shall monitor, coordinate, and provide training
411	421		to a person who provides an alcohol awareness program.]
412	422		(b-2) For purposes of Subsection (b-1), if the defendant is
413	423		enrolled in an institution of higher education located in a county
414	424		in which access to an alcohol awareness program is readily
415	425		available, the court may consider the defendant to be a resident of
416	426		that county. If the defendant is not enrolled in such an
417	427		institution of higher education or if the court does not consider
418	428		the defendant to be a resident of the county in which the
419	429		institution is located, the defendant's residence is the residence
420	430		listed on the defendant's driver's license or personal
421	431		identification certificate issued by the Department of Public
422	432		Safety. If the defendant does not have a driver's license or
423	433		personal identification certificate issued by the Department of
424	434		Public Safety, the defendant's residence is the residence on the
425	435		defendant's voter registration certificate. If the defendant is
426	436		not registered to vote, the defendant's residence is the residence
427	437		on file with the public school district on which the defendant's
428	438		enrollment is based. If the defendant is not enrolled in public
429	439		school, the defendant's residence is determined [as provided] by
430	440		the court [commission rule].
431	441		SECTION 4. The heading to Article 42A.403, Code of Criminal
432	442		Procedure, is amended to read as follows:
433	443		Art. 42A.403. EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION
434	444		OFFENSES [OFFENDERS]; WAIVER OR EXTENSION OF TIME.
435	445		SECTION 5. Articles 42A.403(a) and (d), Code of Criminal
436	446		Procedure, are amended to read as follows:
437	447		(a) A judge who places on community supervision a defendant
438	448		convicted of an offense under Sections 49.04-49.08, Penal Code,
439	449		shall require as a condition of community supervision that the
440	450		defendant [attend and] successfully complete, before the 181st day
441	451		after the date community supervision is granted, an educational
442	452		program designed to rehabilitate persons who have driven while
443	453		intoxicated that is regulated [jointly approved] by[:
444	454		[(1)] the Texas Department of Licensing and Regulation
445	455		under Chapter 171, Government Code [;
446	456		[(2) the Department of Public Safety;
447	457		[(3) the traffic safety section of the traffic
448	458		operations division of the Texas Department of Transportation; and
449	459		[(4) the community justice assistance division of the
450	460		Texas Department of Criminal Justice].
451	461		(d) In determining good cause, the judge may consider but is
452	462		not limited to:
453	463		(1) the defendant's school and work schedule;
454	464		(2) the defendant's health;
455	465		(3) the distance that the defendant must travel to
456	466		attend an in-person educational program; [and]
457	467		(4) the fact that the defendant resides out of state,
458	468		does not have a valid driver's license, or does not have access to
459	469		transportation; and
460	470		(5) whether the defendant has access to reliable
461	471		Internet service sufficient to successfully complete an
462	472		educational program offered online.
463	473		SECTION 6. The heading to Article 42A.404, Code of Criminal
464	474		Procedure, is amended to read as follows:
465	475		Art. 42A.404. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT
466	476		INTOXICATION OFFENSES [OFFENDERS]; WAIVER.
467	477		SECTION 7. Articles 42A.404(a) and (b), Code of Criminal
468	478		Procedure, are amended to read as follows:
469	479		(a) The judge shall require a defendant who is punished
470	480		under Section 49.09, Penal Code, to attend and successfully
471	481		complete as a condition of community supervision an educational
472	482		program for repeat offenders that is regulated [approved] by the
473	483		Texas Department of Licensing and Regulation under Chapter 171,
474	484		Government Code.
475	485		(b) The judge may waive the educational program requirement
476	486		if the defendant by a motion in writing shows good cause. In
477	487		determining good cause, the judge may consider:
478	488		(1) the defendant's school and work schedule;
479	489		(2) the defendant's health;
480	490		(3) the distance that the defendant must travel to
481	491		attend an in-person educational program; [and]
482	492		(4) whether the defendant resides out of state or does
483	493		not have access to transportation; and
484	494		(5) whether the defendant has access to reliable
485	495		Internet service sufficient to successfully complete an
486	496		educational program offered online.
487	497		SECTION 8. Article 42A.406(a), Code of Criminal Procedure,
488	498		is amended to read as follows:
489	499		(a) If a defendant is required as a condition of community
490	500		supervision to successfully complete [attend] an educational
491	501		program under Article 42A.403 or 42A.404, or if the court waives the
492	502		educational program requirement under Article 42A.403 or the
493	503		defendant successfully completes equivalent education under
494	504		Article 42A.4045, the court clerk shall immediately report that
495	505		fact to the Department of Public Safety, on a form prescribed by the
496	506		department, for inclusion in the defendant's driving record. If
497	507		the court grants an extension of time in which the defendant may
498	508		complete the educational program under Article 42A.403, the court
499	509		clerk shall immediately report that fact to the Department of
500	510		Public Safety on a form prescribed by the department. The clerk's
501	511		report under this subsection must include the beginning date of the
502	512		defendant's community supervision.
503	513		SECTION 9. Articles 42A.407(b) and (c), Code of Criminal
504	514		Procedure, are amended to read as follows:
505	515		(b) Notwithstanding Sections 521.344(d)-(i),
506	516		Transportation Code, if under Article 42A.404 the judge requires a
507	517		defendant punished under Section 49.09, Penal Code, to successfully
508	518		complete [attend] an educational program as a condition of
509	519		community supervision, or waives the required completion of
510	520		[attendance for] the program, and the defendant has previously been
511	521		required to successfully complete [attend] such an educational
512	522		program, or the required completion of [attendance at] the program
513	523		had been waived, the judge shall order the suspension of the
514	524		defendant's driver's license for a period determined by the judge
515	525		according to the following schedule:
516	526		(1) not less than 90 days or more than one year, if the
517	527		defendant is convicted under Sections 49.04-49.08, Penal Code;
518	528		(2) not less than 180 days or more than two years, if
519	529		the defendant is punished under Section 49.09(a) or (b), Penal
520	530		Code; or
521	531		(3) not less than one year or more than two years, if
522	532		the defendant is convicted of a second or subsequent offense under
523	533		Sections 49.04-49.08, Penal Code, committed within five years of
524	534		the date on which the most recent preceding offense was committed.
525	535		(c) If the Department of Public Safety receives notice that
526	536		a defendant has been required to successfully complete [attend] a
527	537		subsequent educational program under Article 42A.403 or 42A.404,
528	538		although the previously required completion [attendance] had been
529	539		waived, but the judge has not ordered a period of suspension, the
530	540		department shall:
531	541		(1) suspend the defendant's driver's license; or
532	542		(2) issue an order prohibiting the defendant from
533	543		obtaining a license for a period of one year.
534	544		SECTION 10. Article 42A.514(a), Code of Criminal Procedure,
535	545		is amended to read as follows:
536	546		(a) If a judge grants community supervision to a defendant
537	547		younger than 18 years of age convicted of an alcohol-related
538	548		offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or
539	549		106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or
540	550		an offense involving possession of a controlled substance or
541	551		marihuana under Section 481.115, 481.1151, 481.116, 481.1161,
542	552		481.117, 481.118, or 481.121, Health and Safety Code, the judge may
543	553		require the defendant as a condition of community supervision to
544	554		successfully complete [attend], as appropriate:
545	555		(1) an alcohol awareness program [approved] under
546	556		Section 106.115, Alcoholic Beverage Code, that is regulated by the
547	557		Texas Department of Licensing and Regulation under Chapter 171,
548	558		Government Code; or
549	559		(2) a drug education program that is designed to
550	560		educate persons on the dangers of drug abuse [and is approved by the
551	561		Department of State Health Services] in accordance with Section
552	562		521.374(a)(1) [521.374], Transportation Code, and that is
553	563		regulated by the Texas Department of Licensing and Regulation under
554	564		Chapter 171, Government Code.
555	565		SECTION 11. Articles 45.051(b) and (g), Code of Criminal
556	566		Procedure, are amended to read as follows:
557	567		(b) During the deferral period, the judge may require the
558	568		defendant to:
559	569		(1) post a bond in the amount of the fine assessed as
560	570		punishment for the offense to secure payment of the fine;
561	571		(2) pay restitution to the victim of the offense in an
562	572		amount not to exceed the fine assessed as punishment for the
563	573		offense;
564	574		(3) submit to professional counseling;
565	575		(4) submit to diagnostic testing for alcohol or a
566	576		controlled substance or drug;
567	577		(5) submit to a psychosocial assessment;
568	578		(6) successfully complete [participate in] an alcohol
569	579		or drug abuse treatment or education program, such as:
570	580		(A) a drug education program that is designed to
571	581		educate persons on the dangers of drug abuse [and is approved by the
572	582		Department of State Health Services] in accordance with Section
573	583		521.374(a)(1) [521.374], Transportation Code, and that is
574	584		regulated by the Texas Department of Licensing and Regulation under
575	585		Chapter 171, Government Code; or
576	586		(B) an alcohol awareness program described by
577	587		Section 106.115, Alcoholic Beverage Code, that is regulated by the
578	588		Texas Department of Licensing and Regulation under Chapter 171,
579	589		Government Code;
580	590		(7) pay as reimbursement fees the costs of any
581	591		diagnostic testing, psychosocial assessment, or participation in a
582	592		treatment or education program either directly or through the court
583	593		as court costs;
584	594		(8) complete a driving safety course approved under
585	595		Chapter 1001, Education Code, or another course as directed by the
586	596		judge;
587	597		(9) present to the court satisfactory evidence that
588	598		the defendant has complied with each requirement imposed by the
589	599		judge under this article; and
590	600		(10) comply with any other reasonable condition.
591	601		(g) If a judge requires a defendant under Subsection (b) to
592	602		successfully complete [attend] an alcohol awareness program or drug
593	603		education program as described by Subdivision (6) of that
594	604		subsection, unless the judge determines that the defendant is
595	605		indigent and unable to pay the cost, the judge shall require the
596		-	defendant to pay a reimbursement fee for the cost of [attending] the
	606	+	defendant to pay a reimbursement fee for the cost of attending the
597	607		program. The judge may allow the defendant to pay the fee in
598	608		installments during the deferral period.
599	609		SECTION 12. Sections 53.03(h-1) and (h-2), Family Code, are
600	610		amended to read as follows:
601	611		(h-1) If the child is alleged to have engaged in delinquent
602	612		conduct or conduct indicating a need for supervision that violates
603	613		Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or
604	614		481.121, Health and Safety Code, deferred prosecution under this
605	615		section may include a condition that the child successfully
606	616		complete [attend] a drug education program that is designed to
607	617		educate persons on the dangers of drug abuse [and is approved by the
608	618		Department of State Health Services] in accordance with Section
609	619		521.374(a)(1) [521.374], Transportation Code, and that is
610	620		regulated by the Texas Department of Licensing and Regulation under
611	621		Chapter 171, Government Code.
612	622		(h-2) If the child is alleged to have engaged in delinquent
613	623		conduct or conduct indicating a need for supervision that violates
614	624		Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07,
615	625		Alcoholic Beverage Code, or Section 49.02, Penal Code, deferred
616	626		prosecution under this section may include a condition that the
617	627		child successfully complete [attend] an alcohol awareness program
618	628		described by Section 106.115, Alcoholic Beverage Code, that is
619	629		regulated by the Texas Department of Licensing and Regulation under
620	630		Chapter 171, Government Code.
621	631		SECTION 13. Sections 54.047(a), (b), and (f), Family Code,
622	632		are amended to read as follows:
623	633		(a) If the court or jury finds at an adjudication hearing
624	634		for a child that the child engaged in delinquent conduct or conduct
625	635		indicating a need for supervision that constitutes a violation of
626	636		Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or
627	637		481.121, Health and Safety Code, the court may order that the child
628	638		successfully complete [attend] a drug education program that is
629	639		designed to educate persons on the dangers of drug abuse [and is
630	640		approved by the Department of State Health Services] in accordance
631	641		with Section 521.374(a)(1) [521.374], Transportation Code, and
632	642		that is regulated by the Texas Department of Licensing and
633	643		Regulation under Chapter 171, Government Code.
634	644		(b) If the court or jury finds at an adjudication hearing
635	645		for a child that the child engaged in delinquent conduct or conduct
636	646		indicating a need for supervision that violates the alcohol-related
637	647		offenses in Section 106.02, 106.025, 106.04, 106.041, 106.05, or
638	648		106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, the
639	649		court may order that the child successfully complete [attend] an
640	650		alcohol awareness program described by Section 106.115, Alcoholic
641	651		Beverage Code, that is regulated by the Texas Department of
642	652		Licensing and Regulation under Chapter 171, Government Code.
643	653		(f) If the court orders a child under Subsection (a) or (b)
644	654		to successfully complete [attend] a drug education program or
645	655		alcohol awareness program, unless the court determines that the
646	656		parent or guardian of the child is indigent and unable to pay the
647	657		cost, the court shall require the child's parent or a guardian of
648		-	the child to pay the cost of [attending] the program. The court
649		-	~~shall~~ allow the child's parent or guardian to pay the cost of
650		-	~~[attending]~~ the program in installments.
	658	+	the child to pay the cost of attending the program. The court shall
	659	+	allow the child's parent or guardian to pay the cost of [attending]
	660	+	the program in installments.
651	661		SECTION 14. Section 461A.052(a), Health and Safety Code, is
652	662		amended to read as follows:
653	663		(a) The department shall:
654	664		(1) provide for research and study of the problems of
655	665		chemical dependency in this state and seek to focus public
656	666		attention on those problems through public information and
657	667		education programs;
658	668		(2) plan, develop, coordinate, evaluate, and
659	669		implement constructive methods and programs for the prevention,
660	670		intervention, treatment, and rehabilitation of chemical dependency
661	671		in cooperation with federal and state agencies, local governments,
662	672		organizations, and persons, and provide technical assistance,
663	673		funds, and consultation services for statewide and community-based
664	674		services;
665	675		(3) cooperate with and enlist the assistance of:
666	676		(A) other state, federal, and local agencies;
667	677		(B) hospitals and clinics;
668	678		(C) public health, welfare, and criminal justice
669	679		system authorities;
670	680		(D) educational and medical agencies and
671	681		organizations; and
672	682		(E) other related public and private groups and
673	683		persons;
674	684		(4) expand chemical dependency services for children
675	685		when funds are available because of the long-term benefits of those
676	686		services to this state and its citizens;
677	687		(5) sponsor, promote, and conduct educational
678	688		programs on the prevention and treatment of chemical dependency,
679	689		and maintain a public information clearinghouse to purchase and
680	690		provide books, literature, audiovisuals, and other educational
681	691		material for the programs;
682	692		(6) sponsor, promote, and conduct training programs
683	693		for persons delivering prevention, intervention, treatment, and
684	694		rehabilitation services and for persons in the criminal justice
685	695		system or otherwise in a position to identify the service needs of
686	696		persons with a chemical dependency and their families;
687	697		(7) require programs rendering services to persons
688	698		with a chemical dependency to safeguard those persons' legal rights
689	699		of citizenship and maintain the confidentiality of client records
690	700		as required by state and federal law;
691	701		(8) maximize the use of available funds for direct
692	702		services rather than administrative services;
693	703		(9) consistently monitor the expenditure of funds and
694	704		the provision of services by all grant and contract recipients to
695	705		assure that the services are effective and properly staffed and
696	706		meet the standards adopted under this chapter;
697	707		(10) make the monitoring reports prepared under
698	708		Subdivision (9) a matter of public record;
699	709		(11) license treatment facilities under Chapter 464;
700	710		(12) use funds appropriated to the department for
701	711		purposes of providing chemical dependency services and related
702	712		programs to carry out those purposes and maximize the overall state
703	713		allotment of federal funds;
704	714		(13) plan, develop, coordinate, evaluate, and
705	715		implement constructive methods and programs to provide healthy
706	716		alternatives for youth at risk of selling controlled substances;
707	717		and
708	718		(14) submit to the federal government reports and
709	719		strategies necessary to comply with Section 1926 of the federal
710	720		Alcohol, Drug Abuse, and Mental Health Administration
711	721		Reorganization Act, Pub. L. No. 102-321 (42 U.S.C. Section
712	722		300x-26), and coordinate the reports and strategies with
713	723		appropriate state governmental entities[; and
714	724		[(15) regulate, coordinate, and provide training for
715	725		alcohol awareness courses required under Section 106.115,
716	726		Alcoholic Beverage Code, and may charge a fee for an activity
717	727		performed by the department under this subdivision].
718	728		SECTION 15. Section 521.374(a), Transportation Code, as
719	729		amended by Chapters 838 (S.B. 202), 851 (S.B. 1070), and 1004 (H.B.
720	730		642), Acts of the 84th Legislature, Regular Session, 2015, is
721	731		reenacted and amended to read as follows:
722	732		(a) A person whose license is suspended under Section
723	733		521.372 may:
724	734		(1) successfully complete [attend] an in-person or
725	735		online educational program, approved by the Texas Department of
726	736		Licensing and Regulation [Department of State Health Services]
727	737		under Chapter 171, Government Code [rules adopted by the Texas
728	738		Commission of Licensing and Regulation executive commissioner of
729	739		the Health and Human Services Commission and the department], that
730	740		is designed to educate persons on the dangers of drug abuse; or
731	741		(2) successfully complete education on the dangers of
732	742		drug abuse approved by the Department of State Health Services as
733	743		equivalent to the educational program described by Subdivision (1),
734	744		while the person is a resident of a facility for the treatment of
735	745		drug abuse or chemical dependency, including:
736	746		(A) a substance abuse treatment facility or
737	747		substance abuse felony punishment facility operated by the Texas
738	748		Department of Criminal Justice under Section 493.009, Government
739	749		Code;
740	750		(B) a community corrections facility, as defined
741	751		by Section 509.001, Government Code; or
742	752		(C) a chemical dependency treatment facility
743	753		licensed under Chapter 464, Health and Safety Code.
744	754		SECTION 16. Section 521.374(b), Transportation Code, is
745	755		amended to read as follows:
746	756		(b) The period of suspension or prohibition under Section
747	757		521.372(c) continues for an indefinite period until the individual
748	758		successfully completes the in-person or online educational program
749	759		under Subsection (a)(1) or is released from the residential
750	760		treatment facility at which the individual successfully completed
751	761		equivalent education under Subsection (a)(2), as applicable.
752	762		SECTION 17. Section 521.375, Transportation Code, as
753	763		amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the
754	764		84th Legislature, Regular Session, 2015, is reenacted and amended
755	765		to read as follows:
756	766		Sec. 521.375. JOINT ADOPTION OF RULES. (a) The Texas
757	767		Commission of Licensing and Regulation and the department shall
758	768		jointly adopt rules for the qualification and approval of providers
759	769		of in-person and online educational programs under Section
760	770		521.374(a)(1) [521.374].
761	771		(a-1) The executive commissioner of the Health and Human
762	772		Services Commission and the department shall jointly adopt rules
763	773		for the qualification and approval of[:
764	774		[(1) providers of educational programs under Section
765	775		521.374(a)(1); and
766	776		[(2)] equivalent education provided in a residential
767	777		treatment facility described by Section 521.374(a)(2).
768	778		(b) The Texas Department of Licensing and Regulation shall
769	779		publish the jointly adopted rules under Subsection (a).
770	780		(c) The Department of State Health Services shall publish
771	781		the jointly adopted rules under Subsection (a-1).
772	782		SECTION 18. Section 521.376, Transportation Code, as
773	783		amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the
774	784		84th Legislature, Regular Session, 2015, is reenacted and amended
775	785		to read as follows:
776	786		Sec. 521.376. DUTIES OF TEXAS DEPARTMENT OF LICENSING AND
777	787		REGULATION AND DEPARTMENT OF STATE HEALTH SERVICES; APPLICATION AND
778	788		RENEWAL FEES. (a) The Texas Department of Licensing and
779	789		Regulation:
780	790		(1) shall monitor, coordinate, and provide training to
781	791		persons who provide in-person and online educational programs under
782	792		Section 521.374(a)(1) [521.374];
783	793		(2) shall administer the approval of those in-person
784	794		and online educational programs; and
785	795		(3) may charge a nonrefundable application fee to the
786	796		provider of an in-person or online educational program under
787	797		Section 521.374(a)(1) for:
788	798		(A) initial certification of approval; and
789	799		(B) renewal of the certification.
790	800		(b) The Department of State Health Services:
791	801		(1) shall monitor, coordinate, and provide training
792	802		to[:
793	803		[(A) persons who provide educational programs
794	804		under Section 521.374(a)(1); and
795	805		[(B)] residential treatment facilities described
796	806		by Section 521.374(a)(2) providing equivalent education; and
797	807		(2) shall administer the approval of the [educational
798	808		programs and the] equivalent education provided in a residential
799	809		treatment facility[; and
800	810		[(3) may charge a nonrefundable application fee to the
801	811		provider of an educational program under Section 521.374(a)(1) for:
802	812		[(A) initial certification of approval; and
803	813		[(B) renewal of the certification].
804	814		SECTION 19. The following provisions are repealed:
805	815		(1) Section 106.115(b), Alcoholic Beverage Code;
806	816		(2) Article 42A.405, Code of Criminal Procedure; and
807	817		(3) Section 54.047(e), Family Code.
808	818		SECTION 20. (a) For purposes of this section, any reference
809	819		in law to a license to provide or instruct a court-ordered program
810	820		includes a certification under the law as it existed immediately
811	821		before the effective date of this Act.
812	822		(b) On the effective date of this Act, a program provider
813	823		license or an instructor license issued before the effective date
814	824		of this Act shall continue to be valid until the license expires.
815	825		(c) An application for an initial program provider or
816	826		instructor license or for renewal of a program provider or
817	827		instructor license submitted to the Texas Department of Licensing
818	828		and Regulation on or after the effective date of this Act is
819	829		governed by Chapter 171, Government Code, as added by this Act. An
820	830		application submitted before that date is governed by the laws and
821	831		rules in effect when the application was submitted, and the former
822	832		laws and rules are continued in effect for that purpose.
823	833		(d) A person who holds an instructor license prior to the
824	834		effective date of this Act is eligible to renew that license on or
825	835		after the effective date of this Act, if:
826	836		(1) the license is current or is within the late
827	837		renewal period; and
828	838		(2) the person's instructor eligibility requirements
829	839		remain in effect at the time of renewal.
830	840		(e) On or after the effective date of this Act, if a person's
831	841		instructor license expires beyond the late renewal period or if the
832	842		license is revoked, the person must apply for a new license and meet
833	843		the instructor eligibility and other license requirements in effect
834	844		at the time of the new application.
835	845		SECTION 21. (a) As soon as practicable after the effective
836	846		date of this Act, the Texas Commission of Licensing and Regulation,
837	847		the Texas Department of Licensing and Regulation, and the executive
838	848		director of the Texas Department of Licensing and Regulation, as
839	849		appropriate, shall adopt rules and forms necessary to implement
840	850		Chapter 171, Government Code, as added by this Act.
841	851		(b) All rules, fees, policies, procedures, decisions, and
842	852		forms that relate to a program or activity regulated under this Act
843	853		and that are in effect on the effective date of this Act remain in
844	854		effect until changed by the Texas Commission of Licensing and
845	855		Regulation, the Texas Department of Licensing and Regulation, or
846	856		the executive director of the Texas Department of Licensing and
847	857		Regulation, as appropriate.
848	858		SECTION 22. This Act takes effect September 1, 2021.
849		-	______________________________ ______________________________
850		-	President of the Senate Speaker of the House
851		-	I hereby certify that S.B. No. 1480 passed the Senate on
852		-	April 27, 2021, by the following vote: Yeas 30, Nays 1; and that
853		-	the Senate concurred in House amendment on May 28, 2021, by the
854		-	following vote: Yeas 31, Nays 0.
855		-	______________________________
856		-	Secretary of the Senate
857		-	I hereby certify that S.B. No. 1480 passed the House, with
858		-	amendment, on May 11, 2021, by the following vote: Yeas 122,
859		-	Nays 21, two present not voting.
860		-	______________________________
861		-	Chief Clerk of the House
862		-	Approved:
863		-	______________________________
864		-	Date
865		-	______________________________
866		-	Governor