H.B. No. 5183

	AN ACT
	relating to educational programs for persons whose driver's license
	is suspended following conviction of certain drug offenses.
	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 substance misuse [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.  Section 106.115(a-1), Alcoholic Beverage Code,
	is 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
	substance misuse [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 substance misuse [drug] education program[, or a drug and
	alcohol driving awareness program described by Subsection (a)].
	SECTION 3.  Article 42A.514, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 42A.514.  COMMUNITY SUPERVISION FOR CERTAIN ALCOHOL OR
	DRUG RELATED OFFENSES. (a)  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 successfully complete, as appropriate:
	(1)  an alcohol awareness program under Section
	106.115, Alcoholic Beverage Code, that is regulated by the Texas
	Department of Licensing and Regulation under Chapter 171,
	Government Code; or
	(2)  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.
	(b)  If a judge requires a defendant as a condition of
	community supervision to attend an alcohol awareness program or
	substance misuse [drug] education program described by Subsection
	(a), 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.  Articles 45.051(b) and (g), Code of Criminal
	Procedure, are amended 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 as
	punishment for the offense to secure payment of the fine;
	(2)  pay restitution to the victim of the offense in an
	amount not to exceed 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 as reimbursement fees 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
	successfully complete an alcohol awareness program or substance
	misuse [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 a reimbursement fee for the cost of the
	program.  The judge may allow the defendant to pay the fee in
	installments during the deferral period.
	SECTION 5.  Section 53.03(h-1), Family Code, is amended 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 successfully
	complete 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.
	SECTION 6.  Sections 54.047(a) and (f), Family Code, are
	amended to read as follows:
	(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 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
	successfully complete 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.
	(f)  If the court orders a child under Subsection (a) or (b)
	to successfully complete a substance misuse [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 the program.  The court
	shall allow the child's parent or guardian to pay the cost of the
	program in installments.
	SECTION 7.  Section 521.374, Transportation Code, is amended
	by amending Subsection (a) and adding Subsection (a-1) to read as
	follows:
	(a)  A person whose license is suspended under Section
	521.372 may:
	(1)  successfully complete an in-person or online
	educational program, approved by the Texas Department of Licensing
	and Regulation under Chapter 171, Government Code, that is designed
	to educate persons on the dangers of substance misuse [drug abuse];
	or
	(2)  successfully complete education on the dangers of
	substance misuse [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 substance misuse [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.
	(a-1)  The Texas Department of Criminal Justice shall
	approve the equivalent education in facilities described by
	Subsections (a)(2)(A) and (B). The Health and Human Services
	Commission shall approve the equivalent education in a facility
	described by Subsection (a)(2)(C).
	SECTION 8.  Section 521.375(c), Transportation Code, is
	amended to read as follows:
	(c)  The Health and Human [Department of State Health]
	Services Commission shall publish the jointly adopted rules under
	Subsection (a-1).
	SECTION 9.  The heading to Section 521.376, Transportation
	Code, is amended to read as follows:
	Sec. 521.376.  DUTIES OF TEXAS DEPARTMENT OF LICENSING AND
	REGULATION, HEALTH AND HUMAN [AND DEPARTMENT OF STATE HEALTH]
	SERVICES COMMISSION, AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE;
	APPLICATION AND RENEWAL FEES.
	SECTION 10.  Section 521.376, Transportation Code, is
	amended by amending Subsection (b) and adding Subsection (c) to
	read as follows:
	(b)  The Health and Human [Department of State Health]
	Services Commission:
	(1)  shall monitor a chemical dependency treatment
	facility's compliance with providing the approved educational
	program as [, coordinate, and provide training to  residential
	treatment facilities] described by Section 521.374(a)(2) providing
	equivalent education; and
	(2)  shall administer the approval of the equivalent
	education provided in a chemical dependency [residential]
	treatment facility described by Section 521.374(a)(2)(C).
	(c)  The Texas Department of Criminal Justice:
	(1)  shall monitor the compliance of a facility
	described by Section 521.374(a)(2)(A) or (B) with providing the
	approved educational program as described by Section 521.374(a)(2)
	providing equivalent education; and
	(2)  shall administer the approval of the equivalent
	educational program provided in a facility described by Section
	521.374(a)(2)(A) or (B).
	SECTION 11.  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. 5183 was passed by the House on May 2,
	2023, by the following vote:  Yeas 139, Nays 5, 3 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 5183 on May 26, 2023, by the following vote:  Yeas 133, Nays 5,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 5183 was passed by the Senate, with
	amendments, on May 24, 2023, by the following vote:  Yeas 30, Nays
	1.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor