H.B. No. 5183
AN ACT
relating to educational programs for persons whose driver's license
is suspended following conviction of certain drug offenses.
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 substance misuse [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. Section 106.115(a-1), Alcoholic Beverage Code,
is 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
substance misuse [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 substance misuse [drug] education program[, or a drug and
alcohol driving awareness program described by Subsection (a)].
SECTION 3. Article 42A.514, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.514. COMMUNITY SUPERVISION FOR CERTAIN ALCOHOL OR
DRUG RELATED OFFENSES. (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, as appropriate:
(1) an alcohol awareness program 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 substance misuse [drug] education program that
is designed to educate persons on the dangers of substance misuse
[drug abuse] in accordance with Section 521.374(a)(1),
Transportation Code, and that is regulated by the Texas Department
of Licensing and Regulation under Chapter 171, Government Code.
(b) If a judge requires a defendant as a condition of
community supervision to attend an alcohol awareness program or
substance misuse [drug] education program described by Subsection
(a), unless the judge determines that the defendant is indigent and
unable to pay the cost, the judge shall require the defendant to pay
the cost of attending the program. The judge may allow the defendant
to pay the cost of attending the program in installments during the
term of community supervision.
SECTION 4. 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 an alcohol awareness or
substance misuse [drug abuse] treatment or education program, such
as:
(A) a substance misuse [drug] education program
that is designed to educate persons on the dangers of substance
misuse [drug abuse] in accordance with Section 521.374(a)(1),
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 an alcohol awareness program or substance
misuse [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 the
program. The judge may allow the defendant to pay the fee in
installments during the deferral period.
SECTION 5. Section 53.03(h-1), Family Code, is 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 a substance misuse [drug] education program that is
designed to educate persons on the dangers of substance misuse
[drug abuse] in accordance with Section 521.374(a)(1),
Transportation Code, and that is regulated by the Texas Department
of Licensing and Regulation under Chapter 171, Government Code.
SECTION 6. Sections 54.047(a) 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 a substance misuse [drug] education program
that is designed to educate persons on the dangers of substance
misuse [drug abuse] in accordance with Section 521.374(a)(1),
Transportation Code, and 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 a substance misuse [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 the program. The court
shall allow the child's parent or guardian to pay the cost of the
program in installments.
SECTION 7. Section 521.374, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A person whose license is suspended under Section
521.372 may:
(1) successfully complete an in-person or online
educational program, approved by the Texas Department of Licensing
and Regulation under Chapter 171, Government Code, that is designed
to educate persons on the dangers of substance misuse [drug abuse];
or
(2) successfully complete education on the dangers of
substance misuse [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 substance misuse [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.
(a-1) The Texas Department of Criminal Justice shall
approve the equivalent education in facilities described by
Subsections (a)(2)(A) and (B). The Health and Human Services
Commission shall approve the equivalent education in a facility
described by Subsection (a)(2)(C).
SECTION 8. Section 521.375(c), Transportation Code, is
amended to read as follows:
(c) The Health and Human [Department of State Health]
Services Commission shall publish the jointly adopted rules under
Subsection (a-1).
SECTION 9. The heading to Section 521.376, Transportation
Code, is amended to read as follows:
Sec. 521.376. DUTIES OF TEXAS DEPARTMENT OF LICENSING AND
REGULATION, HEALTH AND HUMAN [AND DEPARTMENT OF STATE HEALTH]
SERVICES COMMISSION, AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE;
APPLICATION AND RENEWAL FEES.
SECTION 10. Section 521.376, Transportation Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) The Health and Human [Department of State Health]
Services Commission:
(1) shall monitor a chemical dependency treatment
facility's compliance with providing the approved educational
program as [, coordinate, and provide training to residential
treatment facilities] described by Section 521.374(a)(2) providing
equivalent education; and
(2) shall administer the approval of the equivalent
education provided in a chemical dependency [residential]
treatment facility described by Section 521.374(a)(2)(C).
(c) The Texas Department of Criminal Justice:
(1) shall monitor the compliance of a facility
described by Section 521.374(a)(2)(A) or (B) with providing the
approved educational program as described by Section 521.374(a)(2)
providing equivalent education; and
(2) shall administer the approval of the equivalent
educational program provided in a facility described by Section
521.374(a)(2)(A) or (B).
SECTION 11. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5183 was passed by the House on May 2,
2023, by the following vote: Yeas 139, Nays 5, 3 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 5183 on May 26, 2023, by the following vote: Yeas 133, Nays 5,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5183 was passed by the Senate, with
amendments, on May 24, 2023, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor