| 1 | 1 | | H.B. No. 4417 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | AN ACT |
|---|
| 5 | 5 | | relating to the administration of court-ordered programs regulated |
|---|
| 6 | 6 | | by the Texas Department of Licensing and Regulation. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Section 106.115(a), Alcoholic Beverage Code, as |
|---|
| 9 | 9 | | amended by Chapters 663 (H.B. 1560) and 948 (S.B. 1480), Acts of the |
|---|
| 10 | 10 | | 87th Legislature, Regular Session, 2021, is reenacted and amended |
|---|
| 11 | 11 | | to read as follows: |
|---|
| 12 | 12 | | (a) On the placement of a minor on deferred disposition for |
|---|
| 13 | 13 | | an offense under Section 49.02, Penal Code, or under Section |
|---|
| 14 | 14 | | 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court |
|---|
| 15 | 15 | | shall require the defendant to successfully complete one of the |
|---|
| 16 | 16 | | following programs: |
|---|
| 17 | 17 | | (1) an alcohol awareness program under this section |
|---|
| 18 | 18 | | that is regulated under Chapter 171, Government Code; or |
|---|
| 19 | 19 | | (2) a drug education program under Section |
|---|
| 20 | 20 | | 521.374(a)(1), Transportation Code, that is regulated under |
|---|
| 21 | 21 | | Chapter 171, Government Code[; or |
|---|
| 22 | 22 | | [(3) a drug and alcohol driving awareness program |
|---|
| 23 | 23 | | under Section 1001.103, Education Code]. |
|---|
| 24 | 24 | | SECTION 2. Sections 106.115(a-1) and (b-1), Alcoholic |
|---|
| 25 | 25 | | Beverage Code, are amended to read as follows: |
|---|
| 26 | 26 | | (a-1) On conviction of a minor of an offense under Section |
|---|
| 27 | 27 | | 49.02, Penal Code, or Section 106.02, 106.025, 106.04, 106.041, |
|---|
| 28 | 28 | | 106.05, or 106.07, the court, in addition to assessing a fine as |
|---|
| 29 | 29 | | provided by those sections, shall require a defendant who has not |
|---|
| 30 | 30 | | been previously convicted of an offense under one of those sections |
|---|
| 31 | 31 | | to successfully complete an alcohol awareness program or [,] a drug |
|---|
| 32 | 32 | | education program[, or a drug and alcohol driving awareness |
|---|
| 33 | 33 | | program] described by Subsection (a). If the defendant has been |
|---|
| 34 | 34 | | previously convicted once or more of an offense under one or more of |
|---|
| 35 | 35 | | those sections, the court may require the defendant to successfully |
|---|
| 36 | 36 | | complete an alcohol awareness program or [,] a drug education |
|---|
| 37 | 37 | | program[, or a drug and alcohol driving awareness program] |
|---|
| 38 | 38 | | described by Subsection (a). |
|---|
| 39 | 39 | | (b-1) If the defendant resides in a county with a population |
|---|
| 40 | 40 | | of 75,000 or less and access to an alcohol awareness program is not |
|---|
| 41 | 41 | | readily available in the county, the court may allow the defendant |
|---|
| 42 | 42 | | to take an online alcohol awareness program approved by [if] the |
|---|
| 43 | 43 | | Texas Department of Licensing and Regulation [approves online |
|---|
| 44 | 44 | | courses] or require the defendant to perform not less than eight |
|---|
| 45 | 45 | | hours of community service related to alcohol abuse prevention or |
|---|
| 46 | 46 | | treatment [and approved by the Texas Department of Licensing and |
|---|
| 47 | 47 | | Regulation under Subsection (b-3)] instead of attending the alcohol |
|---|
| 48 | 48 | | awareness program. Community service ordered under this subsection |
|---|
| 49 | 49 | | is in addition to community service ordered under Section |
|---|
| 50 | 50 | | 106.071(d). |
|---|
| 51 | 51 | | SECTION 3. The following laws are repealed: |
|---|
| 52 | 52 | | (1) Section 106.115(b-3), Alcoholic Beverage Code; |
|---|
| 53 | 53 | | and |
|---|
| 54 | 54 | | (2) Sections 521.375(a) and (b) and 521.376(a), |
|---|
| 55 | 55 | | Transportation Code. |
|---|
| 56 | 56 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 57 | 57 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 58 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 59 | 59 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 60 | 60 | | Act takes effect September 1, 2023. |
|---|
| 61 | 61 | | ______________________________ ______________________________ |
|---|
| 62 | 62 | | President of the Senate Speaker of the House |
|---|
| 63 | 63 | | I certify that H.B. No. 4417 was passed by the House on May 4, |
|---|
| 64 | 64 | | 2023, by the following vote: Yeas 145, Nays 0, 1 present, not |
|---|
| 65 | 65 | | voting. |
|---|
| 66 | 66 | | ______________________________ |
|---|
| 67 | 67 | | Chief Clerk of the House |
|---|
| 68 | 68 | | I certify that H.B. No. 4417 was passed by the Senate on May |
|---|
| 69 | 69 | | 21, 2023, by the following vote: Yeas 31, Nays 0. |
|---|
| 70 | 70 | | ______________________________ |
|---|
| 71 | 71 | | Secretary of the Senate |
|---|
| 72 | 72 | | APPROVED: _____________________ |
|---|
| 73 | 73 | | Date |
|---|
| 74 | 74 | | _____________________ |
|---|
| 75 | 75 | | Governor |
|---|