85R22789 GCB-D     By: King of Parker H.B. No. 833     Substitute the following for H.B. No. 833:     By:  Moody C.S.H.B. No. 833       A BILL TO BE ENTITLED   AN ACT   relating to the administration of educational programs for persons   placed on community supervision for certain intoxication offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42A.403, Code of Criminal Procedure, is   amended by amending Subsections (a) and (d) and adding Subsection   (a-1) to read as follows:          (a)  A judge who places on community supervision a defendant   convicted of an offense under Sections 49.04-49.08, Penal Code,   shall require as a condition of community supervision that the   defendant [attend and] successfully complete, before the 181st day   after the date community supervision is granted, an educational   program designed to rehabilitate persons who have driven while   intoxicated that is jointly approved by:                (1)  the Texas Department of Licensing and Regulation    [Department of State Health Services];                (2)  the Department of Public Safety;                (3)  the traffic safety section of the traffic   operations division of the Texas Department of Transportation; and                (4)  the community justice assistance division of the   Texas Department of Criminal Justice.          (a-1)  The educational program approved under Subsection (a)   may be provided through classroom instruction or through an online   format approved by the Texas Department of Licensing and Regulation   for administration over the Internet.          (d)  In determining good cause, the judge may consider but is   not limited to:                (1)  the defendant's school and work schedule;                (2)  the defendant's health; and                (3)  if an educational program is not available to the   defendant in an online format administered over the Internet:                      (A)  the distance that the defendant must travel   to attend an educational program provided through classroom   instruction; and                      (B) [(4)]  the fact that the defendant resides out   of state, does not have a valid driver's license, or does not have   access to transportation.          SECTION 2.  Article 42A.406(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  If a defendant is required as a condition of community   supervision to successfully complete [attend] an educational   program under Article 42A.403 or 42A.404, or if the court waives the   educational program requirement under Article 42A.403, the court   clerk shall immediately report that fact to the Department of   Public Safety, on a form prescribed by the department, for   inclusion in the defendant's driving record.  If the court grants   an extension of time in which the defendant may complete the   educational program under Article 42A.403, the court clerk shall   immediately report that fact to the Department of Public Safety on a   form prescribed by the department.  The clerk's report under this   subsection must include the beginning date of the defendant's   community supervision.          SECTION 3.  Article 42A.407(c), Code of Criminal Procedure,   is amended to read as follows:          (c)  If the Department of Public Safety receives notice that   a defendant has been required to successfully complete [attend] a   subsequent educational program under Article 42A.403 or attend a   subsequent educational program under Article 42A.404, although the   previously required educational program [attendance] had been   waived, but the judge has not ordered a period of suspension, the   department shall:                (1)  suspend the defendant's driver's license; or                (2)  issue an order prohibiting the defendant from   obtaining a license for a period of one year.          SECTION 4.  Section 521.342(b), Transportation Code, is   amended to read as follows:          (b)  The department shall suspend for one year the license of   a person who is under 21 years of age and is convicted of an offense   under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,   regardless of whether the person is required to successfully   complete [attend] an educational program under Article 42A.403,   Code of Criminal Procedure, that is designed to rehabilitate   persons who have operated motor vehicles while intoxicated, unless   the person is placed under community supervision under Chapter 42A,   Code of Criminal Procedure, and is required as a condition of the   community supervision to not operate a motor vehicle unless the   vehicle is equipped with the device described by Article 42A.408 of   that chapter.  If the person is required to successfully complete   [attend] such a program and does not successfully complete the   program before the end of the person's suspension, the department   shall suspend the person's license or continue the suspension, as   appropriate, until the department receives proof that the person   has successfully completed the program.  On the person's   successful completion of the program, the person's instructor shall   give notice to the department and to the community supervision and   corrections department in the manner provided by Article   42A.406(b), Code of Criminal Procedure.          SECTION 5.  Section 521.344(h), Transportation Code, is   amended to read as follows:          (h)  The hearing shall be held in a municipal or justice   court in the county of the person's residence in the manner provided   for a suspension hearing under Subchapter N. The issues to be   determined at the hearing are whether the person has successfully   completed a required educational program and whether the period for   completion of the program has passed. If the presiding officer   determines that the educational program has not been completed and   the period for completion has passed, the officer shall confirm the   revocation or prohibition and shall notify the department of that   fact. The director may not revoke or prohibit the license if the   officer finds that the program has been completed, that, before the   hearing, the court that originally imposed the requirement to   successfully complete [attend] an educational program has granted   an extension that has not expired, or that the period for completion   has not passed. If the person or the person's agent fails to appear   at the hearing, the department shall revoke the person's license   until the department receives notice of successful completion of   the educational program.          SECTION 6.  The change in law made by this Act applies to a   person who is placed on community supervision on or after the   effective date of this Act, regardless of whether the underlying   conduct giving rise to the placement on community supervision   occurred before, on, or after that date.          SECTION 7.  This Act takes effect September 1, 2017.