S.B. No. 181
 
 
 
 
AN ACT
  relating to suspension of a driver's license for persons convicted
  of certain offenses and the educational program required for
  reinstatement of a license following certain convictions;
  authorizing a fine.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. DISCRETIONARY LICENSE SUSPENSION
         SECTION 1.01.  Subchapter A, Chapter 102, Code of Criminal
  Procedure, is amended by adding Article 102.0179 to read as
  follows:
         Art. 102.0179.  FINE FOR CERTAIN DRUG AND TEXAS CONTROLLED
  SUBSTANCE ACT CONVICTIONS. (a) In this article, "convicted"
  includes an adjudication under juvenile proceedings.
         (b)  In addition to any other fees and fines imposed under
  this subchapter, a defendant convicted of a misdemeanor drug
  offense as defined by Section 521.371, Transportation Code, whose
  driver's license is not suspended under Section 521.372,
  Transportation Code, as a result of that conviction, shall pay a
  fine of $100.
         (c)  The court shall waive imposition of a fine under this
  article if the defendant's driver's license is suspended under
  Section 521.372, Transportation Code, or under another provision of
  that code as a result of the conviction of:
               (1)  an offense described by Section 521.372(a),
  Transportation Code; or
               (2)  another offense arising from the same criminal
  episode.
         (d)  A fine imposed under this article is due regardless of
  whether the defendant is granted community supervision in the case.
  The court shall collect the fine under this article in the same
  manner as court costs are collected in the case.
         (e)  A fine collected under this article shall be deposited
  to the credit of the Texas mobility fund.
         SECTION 1.02.  The heading to Subchapter P, Chapter 521,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER P. [AUTOMATIC] SUSPENSION FOR CERTAIN DRUG OFFENSES
         SECTION 1.03.  Section 521.372, Transportation Code, is
  amended to read as follows:
         Sec. 521.372.  [AUTOMATIC] SUSPENSION OR[;] LICENSE DENIAL.
  (a) A person's driver's license is automatically suspended on final
  conviction of:
               (1)  an offense under the Controlled Substances Act;
               (2)  a felony drug offense; [or]
               (3)  a misdemeanor drug offense, if the person has been
  previously convicted of a drug offense committed less than 36
  months before the commission of the instant offense; or
               (4)  a felony under Chapter 481, Health and Safety
  Code, that is not a drug offense.
         (b)  The department may not issue a driver's license to a
  person convicted of an offense specified in Subsection (a) who, on
  the date of the conviction, did not hold a driver's license.
         (b-1)  Except as provided by Subsection (a)(3), the court may
  order that the department suspend the license of a person who holds
  a license at the time of final conviction of a misdemeanor drug
  offense if the court makes a written determination that the
  suspension is in the interest of public safety.
         (c)  Except as provided by Section 521.374(b), the period of
  suspension or license denial under this section is 90 [the 180] days
  after the date of a final conviction[, and the period of license
  denial is the 180 days after the date the person applies to the
  department for reinstatement or issuance of a driver's license].
  ARTICLE 2. EDUCATIONAL PROGRAMS
         SECTION 2.01.  Section 521.374(a), Transportation Code, as
  amended by Chapters 838 (S.B. 202), 851 (S.B. 1070), and 1004 (H.B.
  642), Acts of the 84th Legislature, Regular Session, 2015, is
  reenacted and amended to read as follows:
         (a)  A person whose license is suspended under Section
  521.372 may:
               (1)  successfully complete [attend] an in-person or
  online educational program, approved by the Texas Department of
  Licensing and Regulation [Department of State Health Services]
  under rules adopted by the Texas Commission of Licensing and
  Regulation [executive commissioner of the Health and Human Services
  Commission] and the department, that is designed to educate persons
  on the dangers of drug abuse; or
               (2)  successfully complete education on the dangers of
  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
  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.
         SECTION 2.02.  Section 521.374(b), Transportation Code, is
  amended to read as follows:
         (b)  The period of suspension or prohibition under Section
  521.372(c) continues until the earlier of:
               (1)  the date [for an indefinite period until] the
  individual successfully completes the in-person or online
  educational program under Subsection (a)(1) or is released from the
  residential treatment facility at which the individual
  successfully completed equivalent education under Subsection
  (a)(2), as applicable; or
               (2)  the second anniversary of the date the suspension
  or prohibition was imposed.
         SECTION 2.03.  Section 521.375, Transportation Code, as
  amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the
  84th Legislature, Regular Session, 2015, is reenacted and amended
  to read as follows:
         Sec. 521.375.  JOINT ADOPTION OF RULES. (a) The Texas
  Commission of Licensing and Regulation and the department shall
  jointly adopt rules for the qualification and approval of providers
  of in-person and online educational programs under Section
  521.374(a)(1) [521.374].
         (a-1)  The executive commissioner of the Health and Human
  Services Commission and the department shall jointly adopt rules
  for the qualification and approval of[:
               [(1)  providers of educational programs under Section
  521.374(a)(1); and
               [(2)]  equivalent education provided in a residential
  treatment facility described by Section 521.374(a)(2).
         (b)  The Texas Department of Licensing and Regulation shall
  publish the jointly adopted rules under Subsection (a).
         (c)  The Department of State Health Services shall publish
  the jointly adopted rules under Subsection (a-1).
         SECTION 2.04.  Section 521.376, Transportation Code, as
  amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the
  84th Legislature, Regular Session, 2015, is reenacted and amended
  to read as follows:
         Sec. 521.376.  DUTIES OF TEXAS DEPARTMENT OF LICENSING AND
  REGULATION AND DEPARTMENT OF STATE HEALTH SERVICES; APPLICATION AND
  RENEWAL FEES. (a) The Texas Department of Licensing and
  Regulation:
               (1)  shall monitor, coordinate, and provide training to
  persons who provide in-person and online educational programs under
  Section 521.374(a)(1) [521.374];
               (2)  shall administer the approval of those in-person
  and online educational programs; and
               (3)  may charge a nonrefundable application fee to the
  provider of an in-person or online educational program under
  Section 521.374(a)(1) for:
                     (A)  initial certification of approval; and
                     (B)  renewal of the certification.
         (b)  The Department of State Health Services:
               (1)  shall monitor, coordinate, and provide training
  to[:
                     [(A)  persons who provide educational programs
  under Section 521.374(a)(1); and
                     [(B)]  residential treatment facilities described
  by Section 521.374(a)(2) providing equivalent education; and
               (2)  shall administer the approval of the [educational
  programs and the] equivalent education provided in a residential
  treatment facility[; and
               [(3)  may charge a nonrefundable application fee to the
  provider of an educational program under Section 521.374(a)(1) for:
                     [(A)  initial certification of approval; and
                     [(B)  renewal of the certification].
  ARTICLE 3. TRANSITION; EFFECTIVE DATE
         SECTION 3.01.  (a)  Section 3, Chapter 710 (H.B. 162), Acts
  of the 86th Legislature, Regular Session, 2019, is repealed.
         (b)  Section 521.293, Transportation Code, as amended by
  Chapter 710 (H.B. 162), Acts of the 86th Legislature, Regular
  Session, 2019, applies to a determination to suspend a driver's
  license that is made by the Department of Public Safety of the State
  of Texas before, on, or after the effective date of this Act.
         SECTION 3.02.  Not later than September 1, 2022, the Texas
  Commission of Licensing and Regulation and the Department of Public
  Safety shall adopt rules to implement Sections 521.374, 521.375,
  and 521.376, Transportation Code, as amended by this Act.
         SECTION 3.03.  (a) Except as otherwise provided by this
  section, this Act takes effect September 1, 2021.
         (b)  Article 1 of this Act takes effect on the 91st day after
  the date the office of the attorney general publishes in the Texas
  Register a finding that:
               (1)  the legislature of this state has adopted a
  resolution expressing the legislature's opposition to a law meeting
  the requirements of 23 U.S.C. Section 159 in suspending, revoking,
  or denying the driver's license of a person convicted of a drug
  offense for a period of six months;
               (2)  the governor has submitted to the United States
  secretary of transportation:
                     (A)  a written certification of the governor's
  opposition to the enactment or enforcement of a law required under
  23 U.S.C. Section 159; and
                     (B)  a written certification that the legislature
  has adopted the resolution described by Subdivision (1) of this
  subsection; and
               (3)  the United States secretary of transportation has
  responded to the governor's submission and certified that highway
  funds will not be withheld from this state in response to the
  modification or full or partial repeal of the law required under 23
  U.S.C. Section 159.
         (c)  On the 180th day after the date described in Subsection
  (b) of this section, the Department of Public Safety shall
  reinstate any driver's license that:
               (1)  was suspended under Section 521.372,
  Transportation Code, before the date described by Subsection (b) of
  this section; and
               (2)  remains subject to suspension under that section
  on the 180th day after the date described in Subsection (b) of this
  section.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 181 passed the Senate on        
  May 3, 2021, by the following vote: Yeas 30, Nays 0; and that the
  Senate concurred in House amendments on May 27, 2021, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 181 passed the House, with
  amendments, on May 24, 2021, by the following vote: Yeas 138,
  Nays 3, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor