This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  H.B. No. 642
 
 
 
 
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 106.071(e), Alcoholic Beverage Code, is
  amended to read as follows:
         (e)  Community service ordered under this section must be
  related to education about or prevention of misuse of alcohol or
  drugs, as applicable, if programs or services providing that
  education are available in the community in which the court is
  located. If programs or services providing that education are not
  available, the court may order community service that it considers
  appropriate for rehabilitative purposes.
         SECTION 2.  Section 106.115(a), Alcoholic Beverage Code, is
  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 attend an alcohol awareness program
  approved by the Department of State Health Services under this
  section, a drug education program approved by the Department of
  State Health Services in accordance with Section 521.374,
  Transportation Code, or a drug and alcohol driving awareness
  program approved by the Texas Education Agency.  On conviction of a
  minor of an offense under one or more of those sections, 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 attend an alcohol awareness
  program, a drug education program, or a drug and alcohol driving
  awareness program described by this subsection.  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
  attend an alcohol awareness program, a drug education program, or a
  drug and alcohol driving awareness program described by this
  subsection.  If the defendant is younger than 18 years of age, the
  court may require the parent or guardian of the defendant to attend
  the program with the defendant.  The Department of State Health
  Services:
               (1)  is responsible for the administration of the
  certification of approved alcohol awareness programs;
               (2)  may charge a nonrefundable application fee for:
                     (A)  initial certification of the approval; or
                     (B)  renewal of the certification;
               (3)  shall adopt rules regarding alcohol awareness
  programs approved under this section; and
               (4)  shall monitor, coordinate, and provide training to
  a person who provides an alcohol awareness program.
         SECTION 3.  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,
  106.041, 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 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 4.  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 5.  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, 106.041, 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 attend an alcohol awareness program described by Section
  106.115, Alcoholic Beverage Code.
         SECTION 6.  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, 106.041, 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 7.  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 executive commissioner
  of the Health and Human Services Commission [commission] and the
  department, that is designed to educate persons on the dangers of
  drug abuse.
         SECTION 8.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 642 was passed by the House on April
  30, 2015, by the following vote:  Yeas 137, Nays 2, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 642 on May 27, 2015, by the following vote:  Yeas 142, Nays 1, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 642 was passed by the Senate, with
  amendments, on May 24, 2015, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor