Texas 2025 - 89th Regular

Texas House Bill HB3442 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15534 MPF-D
2	2	By: Reynolds H.B. No. 3442
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to approved court-ordered alcohol awareness programs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 106.115(a) and (a-1), Alcoholic
12	12	Beverage Code, are amended to read as follows:
13	13	(a) On the placement of a minor on deferred disposition for
14	14	an offense under Section 49.02, Penal Code, or under Section
15	15	106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
16	16	shall require the defendant to successfully complete one of the
17	17	following programs:
18	18	(1) an alcohol awareness program under this section
19	19	that is regulated under Chapter 171, Government Code; [or]
20	20	(2) a substance misuse education program under Section
21	21	521.374(a)(1), Transportation Code, that is regulated under
22	22	Chapter 171, Government Code; or
23	23	(3) any six-hour alcohol awareness program approved by
24	24	the court.
25	25	(a-1) On conviction of a minor of an offense under Section
26	26	49.02, Penal Code, or Section 106.02, 106.025, 106.04, 106.041,
27	27	106.05, or 106.07, the court, in addition to assessing a fine as
28	28	provided by those sections, shall require a defendant who has not
29	29	been previously convicted of an offense under one of those sections
30	30	to successfully complete a [an alcohol awareness program or a
31	31	substance misuse education] program described by Subsection (a).
32	32	If the defendant has been previously convicted once or more of an
33	33	offense under one or more of those sections, the court may require
34	34	the defendant to successfully complete a [an alcohol awareness
35	35	program or a substance misuse education] program described by
36	36	Subsection (a).
37	37	SECTION 2. Article 45A.303(b), Code of Criminal Procedure,
38	38	is amended to read as follows:
39	39	(b) During the deferral period, the judge may require the
40	40	defendant to:
41	41	(1) secure payment of the fine by posting a bond in the
42	42	amount of the fine assessed as punishment for the offense;
43	43	(2) pay restitution to the victim of the offense in an
44	44	amount not to exceed the amount of the fine assessed as punishment
45	45	for the offense;
46	46	(3) submit to professional counseling;
47	47	(4) submit to diagnostic testing for alcohol or a
48	48	controlled substance or drug;
49	49	(5) submit to a psychosocial assessment;
50	50	(6) successfully complete an alcohol awareness or
51	51	substance misuse [drug abuse] treatment or education program, such
52	52	as:
53	53	(A) a substance misuse [drug] education program
54	54	that is designed to educate persons on the dangers of substance
55	55	misuse [drug abuse] in accordance with Section 521.374(a)(1),
56	56	Transportation Code, and that is regulated by the Texas Department
57	57	of Licensing and Regulation under Chapter 171, Government Code; or
58	58	(B) an alcohol awareness program described by
59	59	Section 106.115, Alcoholic Beverage Code[, that is regulated by the
60	60	Texas Department of Licensing and Regulation under Chapter 171,
61	61	Government Code];
62	62	(7) pay the costs of any diagnostic testing,
63	63	psychosocial assessment, or treatment or education program
64	64	participation as reimbursement fees:
65	65	(A) directly; or
66	66	(B) through the court as court costs;
67	67	(8) complete a driving safety course approved under
68	68	Chapter 1001, Education Code, or another course as directed by the
69	69	judge;
70	70	(9) present to the court satisfactory evidence that
71	71	the defendant has complied with each requirement imposed by the
72	72	judge under this subchapter; and
73	73	(10) comply with any other reasonable condition.
74	74	SECTION 3. Section 53.03(h-2), Family Code, is amended to
75	75	read as follows:
76	76	(h-2) If the child is alleged to have engaged in delinquent
77	77	conduct or conduct indicating a need for supervision that violates
78	78	Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07,
79	79	Alcoholic Beverage Code, or Section 49.02, Penal Code, deferred
80	80	prosecution under this section may include a condition that the
81	81	child successfully complete an alcohol awareness program described
82	82	by Section 106.115, Alcoholic Beverage Code[, that is regulated by
83	83	the Texas Department of Licensing and Regulation under Chapter 171,
84	84	Government Code].
85	85	SECTION 4. Section 54.047(b), Family Code, is amended to
86	86	read as follows:
87	87	(b) If the court or jury finds at an adjudication hearing
88	88	for a child that the child engaged in delinquent conduct or conduct
89	89	indicating a need for supervision that violates the alcohol-related
90	90	offenses in Section 106.02, 106.025, 106.04, 106.041, 106.05, or
91	91	106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, the
92	92	court may order that the child successfully complete an alcohol
93	93	awareness program described by Section 106.115, Alcoholic Beverage
94	94	Code[, that is regulated by the Texas Department of Licensing and
95	95	Regulation under Chapter 171, Government Code].
96	96	SECTION 5. Sections 106.115(b-1) and (b-2), Alcoholic
97	97	Beverage Code, are repealed.
98	98	SECTION 6. To the extent of any conflict, this Act prevails
99	99	over another Act of the 89th Legislature, Regular Session, 2025,
100	100	relating to nonsubstantive additions to and corrections in enacted
101	101	codes.
102	102	SECTION 7. This Act takes effect September 1, 2025.