89R15534 MPF-D     By: Reynolds H.B. No. 3442       A BILL TO BE ENTITLED   AN ACT   relating to approved court-ordered alcohol awareness programs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 106.115(a) and (a-1), Alcoholic   Beverage Code, are 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 education program under Section   521.374(a)(1), Transportation Code, that is regulated under   Chapter 171, Government Code; or                (3)  any six-hour alcohol awareness program approved by   the court.          (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 a [an alcohol awareness program or a   substance misuse education] 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 a [an alcohol awareness   program or a substance misuse education] program described by   Subsection (a).          SECTION 2.  Article 45A.303(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  During the deferral period, the judge may require the   defendant to:                (1)  secure payment of the fine by posting a bond in the   amount of the fine assessed as punishment for the offense;                (2)  pay restitution to the victim of the offense in an   amount not to exceed the amount of 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 the costs of any diagnostic testing,   psychosocial assessment, or treatment or education program   participation as reimbursement fees:                      (A)  directly; or                      (B)  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 subchapter; and                (10)  comply with any other reasonable condition.          SECTION 3.  Section 53.03(h-2), Family Code, is amended to   read as follows:          (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 successfully complete 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].          SECTION 4.  Section 54.047(b), Family Code, is amended to   read as follows:          (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 successfully complete 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].          SECTION 5.  Sections 106.115(b-1) and (b-2), Alcoholic   Beverage Code, are repealed.          SECTION 6.  To the extent of any conflict, this Act prevails   over another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 7.  This Act takes effect September 1, 2025.