83R21594 GCB-D
 
  By: Canales H.B. No. 3632
 
  Substitute the following for H.B. No. 3632:
 
  By:  Herrero C.S.H.B. No. 3632
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an alcohol awareness program or drug education program
  for certain minors convicted of or adjudicated to have engaged in,
  or placed on deferred disposition or community supervision for,
  certain drug or alcohol related offenses; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11, Article 42.12, Code of Criminal
  Procedure, is amended by adding Subsection (n) to read as follows:
         (n)(1)  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,
  106.05, 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
  attend, as appropriate, an alcohol awareness program approved under
  Section 106.115, Alcoholic Beverage Code, or a drug education
  program that is designed to educate persons on the dangers of drug
  abuse and is approved by the Department of State Health Services in
  accordance with Section 521.374, Transportation Code.
               (2)  If a judge requires a defendant as a condition of
  community supervision to attend an alcohol awareness program or
  drug education program described by Subdivision (1), 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 2.  Article 45.051, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsection (g) 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 to
  secure payment of the fine;
               (2)  pay restitution to the victim of the offense in an
  amount not to exceed the fine assessed;
               (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)  participate in an alcohol or drug abuse treatment
  or education program, such as:
                     (A)  a drug education program that is designed to
  educate persons on the dangers of drug abuse and is approved by the
  Department of State Health Services in accordance with Section
  521.374, Transportation Code; or
                     (B)  an alcohol awareness program described by
  Section 106.115, Alcoholic Beverage Code;
               (7)  pay 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
  attend an alcohol awareness program or 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 the cost of
  attending the program. The judge may allow the defendant to pay the
  cost of attending the program in installments during the deferral
  period.
         SECTION 3.  Section 53.03, Family Code, is amended by adding
  Subsections (h-1) and (h-2) 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 attend a drug
  education program that is designed to educate persons on the
  dangers of drug abuse and is approved by the Department of State
  Health Services in accordance with Section 521.374, Transportation
  Code.
         (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, 106.05, or 106.07, Alcoholic
  Beverage Code, or Section 49.02, Penal Code, deferred prosecution
  under this section may include a condition that the child attend an
  alcohol awareness program described by Section 106.115, Alcoholic
  Beverage Code.
         SECTION 4.  Section 54.047, Family Code, is amended to read
  as follows:
         Sec. 54.047.  ALCOHOL OR DRUG RELATED OFFENSE. (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 [or delinquent conduct] 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 attend a drug education program that is
  designed to educate persons on the dangers of drug abuse and is
  approved by the Department of State Health Services in accordance
  with Section 521.374, Transportation Code.
         (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, 106.05, or 106.07,
  Alcoholic Beverage Code, or Section 49.02, Penal Code, the court
  may order that the child attend an alcohol awareness program
  described by Section 106.115, Alcoholic Beverage Code.
         (c)  The court shall, in addition to any order described by
  Subsection (a) or (b), [subject to a finding under Section
  54.04(c),] order[, in addition to any other order authorized by
  this title,] that, in the manner provided by Section 106.071(d),
  Alcoholic Beverage Code:
               (1)  the child perform community service; and
               (2)  the child's driver's license or permit be
  suspended or that the child be denied issuance of a driver's license
  or permit.
         (d)  An order under this section:
               (1)  is subject to a finding under Section 54.04(c);
  and
               (2)  may be issued in addition to any other order
  authorized by this title.
         (e)  The Department of State Health Services:
               (1)  is responsible for the administration of the
  certification of drug education programs;
               (2)  may charge a nonrefundable application fee for:
                     (A)  initial certification of approval; or
                     (B)  renewal of the certification;
               (3)  shall adopt rules regarding drug education
  programs approved under this section; and
               (4)  shall monitor and provide training to a person who
  provides a drug education program.
         (f)  If the court orders a child under Subsection (a) or (b)
  to attend a 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
  attending the program. The court shall allow the child's parent or
  guardian to pay the cost of attending the program in installments.
         SECTION 5.  Section 521.374(a), Transportation Code, is
  amended to read as follows:
         (a)  A person whose license is suspended under Section
  521.372 may attend an educational program, approved by the
  Department of State Health Services [Texas Commission on Alcohol
  and Drug Abuse] under rules adopted by the Department of State
  Health Services [commission] and the department, that is designed
  to educate persons on the dangers of drug abuse.
         SECTION 6.  This Act takes effect September 1, 2013.