H.B. No. 4417

	AN ACT
	relating to the administration of court-ordered programs regulated
	by the Texas Department of Licensing and Regulation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 106.115(a), Alcoholic Beverage Code, as
	amended by Chapters 663 (H.B. 1560) and 948 (S.B. 1480), Acts of the
	87th Legislature, Regular Session, 2021, is reenacted and 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 drug education program under Section
	521.374(a)(1), Transportation Code, that is regulated under
	Chapter 171, Government Code[; or
	[(3)  a drug and alcohol driving awareness program
	under Section 1001.103, Education Code].
	SECTION 2.  Sections 106.115(a-1) and (b-1), Alcoholic
	Beverage Code, are amended to read as follows:
	(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 an alcohol awareness program or [,] a drug
	education program[, or a drug and alcohol driving awareness
	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 an alcohol awareness program or [,] a drug education
	program[, or a drug and alcohol driving awareness program]
	described by Subsection (a).
	(b-1)  If the defendant resides in a county with a population
	of 75,000 or less and access to an alcohol awareness program is not
	readily available in the county, the court may allow the defendant
	to take an online alcohol awareness program approved by [if] the
	Texas Department of Licensing and Regulation [approves online
	courses] or require the defendant to perform not less than eight
	hours of community service related to alcohol abuse prevention or
	treatment [and approved by the Texas Department of Licensing and
	Regulation under Subsection (b-3)] instead of attending the alcohol
	awareness program.  Community service ordered under this subsection
	is in addition to community service ordered under Section
	106.071(d).
	SECTION 3.  The following laws are repealed:
	(1)  Section 106.115(b-3), Alcoholic Beverage Code;
	and
	(2)   Sections 521.375(a) and (b) and 521.376(a),
	Transportation Code.
	SECTION 4.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2023.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 4417 was passed by the House on May 4,
	2023, by the following vote:  Yeas 145, Nays 0, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 4417 was passed by the Senate on May
	21, 2023, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor