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