By: Goldman (Senate Sponsor - Zaffirini) H.B. No. 4417
(In the Senate - Received from the House May 5, 2023;
May 10, 2023, read first time and referred to Committee on Business &
Commerce; May 17, 2023, reported favorably by the following vote:
Yeas 9, Nays 0; May 17, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the administration of court-ordered programs regulated
by the Texas Department of Licensing and Regulation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 106.115(a), Alcoholic Beverage Code, as
amended by Chapters 663 (H.B. 1560) and 948 (S.B. 1480), Acts of the
87th Legislature, Regular Session, 2021, is reenacted and amended
to read as follows:
(a) On the placement of a minor on deferred disposition for
an offense under Section 49.02, Penal Code, or under Section
106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
shall require the defendant to successfully complete one of the
following programs:
(1) an alcohol awareness program under this section
that is regulated under Chapter 171, Government Code; or
(2) a drug education program under Section
521.374(a)(1), 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].
SECTION 2. Sections 106.115(a-1) and (b-1), Alcoholic
Beverage Code, are amended to read as follows:
(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, 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 an alcohol awareness program or [,] a drug
education program[, or a drug and alcohol driving awareness
program] described by Subsection (a). 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 an alcohol awareness program or [,] a drug education
program[, or a drug and alcohol driving awareness program]
described by Subsection (a).
(b-1) If the defendant resides in a county with a population
of 75,000 or less and access to an alcohol awareness program is not
readily available in the county, the court may allow the defendant
to take an online alcohol awareness program approved by [if] the
Texas Department of Licensing and Regulation [approves online
courses] or require the defendant to perform not less than eight
hours of community service related to alcohol abuse prevention or
treatment [and approved by the Texas Department of Licensing and
Regulation under Subsection (b-3)] instead of attending the alcohol
awareness program. Community service ordered under this subsection
is in addition to community service ordered under Section
106.071(d).
SECTION 3. The following laws are repealed:
(1) Section 106.115(b-3), Alcoholic Beverage Code;
and
(2) Sections 521.375(a) and (b) and 521.376(a),
Transportation Code.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
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