89R15534 MPF-D
By: Reynolds H.B. No. 3442
A BILL TO BE ENTITLED
AN ACT
relating to approved court-ordered alcohol awareness programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 106.115(a) and (a-1), Alcoholic
Beverage Code, are 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 education program under Section
521.374(a)(1), Transportation Code, that is regulated under
Chapter 171, Government Code; or
(3) any six-hour alcohol awareness program approved by
the court.
(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 a [an alcohol awareness program or a
substance misuse education] 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 a [an alcohol awareness
program or a substance misuse education] program described by
Subsection (a).
SECTION 2. Article 45A.303(b), Code of Criminal Procedure,
is amended to read as follows:
(b) During the deferral period, the judge may require the
defendant to:
(1) secure payment of the fine by posting a bond in the
amount of the fine assessed as punishment for the offense;
(2) pay restitution to the victim of the offense in an
amount not to exceed the amount of 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 the costs of any diagnostic testing,
psychosocial assessment, or treatment or education program
participation as reimbursement fees:
(A) directly; or
(B) 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 subchapter; and
(10) comply with any other reasonable condition.
SECTION 3. Section 53.03(h-2), Family Code, is amended to
read as follows:
(h-2) If the child is alleged to have engaged in delinquent
conduct or conduct indicating a need for supervision that violates
Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07,
Alcoholic Beverage Code, or Section 49.02, Penal Code, deferred
prosecution under this section may include a condition that the
child successfully complete 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].
SECTION 4. Section 54.047(b), Family Code, is amended to
read as follows:
(b) 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 violates the alcohol-related
offenses in Section 106.02, 106.025, 106.04, 106.041, 106.05, or
106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, the
court may order that the child successfully complete 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].
SECTION 5. Sections 106.115(b-1) and (b-2), Alcoholic
Beverage Code, are repealed.
SECTION 6. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. This Act takes effect September 1, 2025.