87R22252 JSC-F     By: Johnson, et al. S.B. No. 181     (White)     Substitute the following for S.B. No. 181:  No.       A BILL TO BE ENTITLED   AN ACT   relating to suspension of a driver's license for persons convicted   of certain offenses and the educational program required for   reinstatement of a license following certain convictions;   authorizing a fine.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. DISCRETIONARY LICENSE SUSPENSION          SECTION 1.01.  Subchapter A, Chapter 102, Code of Criminal   Procedure, is amended by adding Article 102.0179 to read as   follows:          Art. 102.0179.  FINE FOR CERTAIN DRUG AND TEXAS CONTROLLED   SUBSTANCE ACT CONVICTIONS. (a) In this article, "convicted"   includes an adjudication under juvenile proceedings.          (b)  In addition to any other fees and fines imposed under   this subchapter, a defendant convicted of an offense described by   Section 521.372(a), Transportation Code, who holds a valid driver's   license on the date the order of conviction is entered shall pay a   fine of $100.          (c)  The court shall waive imposition of a fine under this   article if the defendant's driver's license is suspended under   Section 521.372, Transportation Code, or under another provision of   that code as a result of the conviction of:                (1)  an offense described by Section 521.372(a),   Transportation Code; or                (2)  another offense arising from the same criminal   episode.          (d)  A fine imposed under this article is due regardless of   whether the defendant is granted community supervision in the case.   The court shall collect the fine under this article in the same   manner as court costs are collected in the case.          (e)  A fine collected under this article shall be deposited   to the credit of the Texas mobility fund.          SECTION 1.02.  The heading to Subchapter P, Chapter 521,   Transportation Code, is amended to read as follows:   SUBCHAPTER P. [AUTOMATIC] SUSPENSION FOR CERTAIN DRUG OFFENSES          SECTION 1.03.  Section 521.372, Transportation Code, is   amended to read as follows:          Sec. 521.372.  [AUTOMATIC] SUSPENSION OR[;] LICENSE DENIAL.   (a) A person's driver's license is automatically suspended on final   conviction of:                (1)  an offense under the Controlled Substances Act;                (2)  a felony drug offense; [or]                (3)  a misdemeanor drug offense, if the person has been   previously convicted of a drug offense committed less than 36   months before the commission of the instant offense; or                (4)  a felony under Chapter 481, Health and Safety   Code, that is not a drug offense.          (b)  The department may not issue a driver's license to a   person convicted of an offense specified in Subsection (a) who, on   the date of the conviction, did not hold a driver's license.          (b-1)  Except as provided by Subsection (a)(3), the court may   order that the department suspend the license of a person who holds   a license at the time of final conviction of a misdemeanor drug   offense if the court makes a written determination that the   suspension is in the interest of public safety.          (c)  Except as provided by Section 521.374(b), the period of   suspension or license denial under this section is 90 [the 180] days   after the date of a final conviction[, and the period of license   denial is the 180 days after the date the person applies to the   department for reinstatement or issuance of a driver's license].   ARTICLE 2. EDUCATIONAL PROGRAMS          SECTION 2.01.  Section 521.374(a), Transportation Code, as   amended by Chapters 838 (S.B. 202), 851 (S.B. 1070), and 1004 (H.B.   642), Acts of the 84th Legislature, Regular Session, 2015, is   reenacted and amended to read as follows:          (a)  A person whose license is suspended under Section   521.372 may:                (1)  successfully complete [attend] an in-person or   online educational program, approved by the Texas Department of   Licensing and Regulation [Department of State Health Services]   under rules adopted by the Texas Commission of Licensing and   Regulation [executive commissioner of the Health and Human Services   Commission] and the department, that is designed to educate persons   on the dangers of drug abuse; or                (2)  successfully complete education on the dangers of   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   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.          SECTION 2.02.  Section 521.374(b), Transportation Code, is   amended to read as follows:          (b)  The period of suspension or prohibition under Section   521.372(c) continues until the earlier of:                (1)  the date [for an indefinite period until] the   individual successfully completes the in-person or online   educational program under Subsection (a)(1) or is released from the   residential treatment facility at which the individual   successfully completed equivalent education under Subsection   (a)(2), as applicable; or                (2)  the second anniversary of the date the suspension   or prohibition was imposed.          SECTION 2.03.  Section 521.375, Transportation Code, as   amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the   84th Legislature, Regular Session, 2015, is reenacted and amended   to read as follows:          Sec. 521.375.  JOINT ADOPTION OF RULES. (a) The Texas   Commission of Licensing and Regulation and the department shall   jointly adopt rules for the qualification and approval of providers   of in-person and online educational programs under Section   521.374(a)(1) [521.374].          (a-1)  The executive commissioner of the Health and Human   Services Commission and the department shall jointly adopt rules   for the qualification and approval of[:                [(1)  providers of educational programs under Section   521.374(a)(1); and                [(2)]  equivalent education provided in a residential   treatment facility described by Section 521.374(a)(2).          (b)  The Texas Department of Licensing and Regulation shall   publish the jointly adopted rules under Subsection (a).          (c)  The Department of State Health Services shall publish   the jointly adopted rules under Subsection (a-1).          SECTION 2.04.  Section 521.376, Transportation Code, as   amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the   84th Legislature, Regular Session, 2015, is reenacted and amended   to read as follows:          Sec. 521.376.  DUTIES OF TEXAS DEPARTMENT OF LICENSING AND   REGULATION AND DEPARTMENT OF STATE HEALTH SERVICES; APPLICATION AND   RENEWAL FEES. (a) The Texas Department of Licensing and   Regulation:                (1)  shall monitor, coordinate, and provide training to   persons who provide in-person and online educational programs under   Section 521.374(a)(1) [521.374];                (2)  shall administer the approval of those in-person   and online educational programs; and                (3)  may charge a nonrefundable application fee to the   provider of an in-person or online educational program under   Section 521.374(a)(1) for:                      (A)  initial certification of approval; and                      (B)  renewal of the certification.          (b)  The Department of State Health Services:                (1)  shall monitor, coordinate, and provide training   to[:                      [(A)  persons who provide educational programs   under Section 521.374(a)(1); and                      [(B)]  residential treatment facilities described   by Section 521.374(a)(2) providing equivalent education; and                (2)  shall administer the approval of the [educational   programs and the] equivalent education provided in a residential   treatment facility[; and                [(3)  may charge a nonrefundable application fee to the   provider of an educational program under Section 521.374(a)(1) for:                      [(A)  initial certification of approval; and                      [(B)  renewal of the certification].   ARTICLE 3. TRANSITION; EFFECTIVE DATE          SECTION 3.01.  Not later than September 1, 2022, the Texas   Commission of Licensing and Regulation and the Department of Public   Safety shall adopt rules to implement Sections 521.374, 521.375,   and 521.376, Transportation Code, as amended by this Act.          SECTION 3.02.  (a) Except as otherwise provided by this   section, this Act takes effect September 1, 2021.          (b)  Article 1 of this Act takes effect on the 91st day after   the date the office of the attorney general publishes in the Texas   Register a finding that:                (1)  the legislature of this state has adopted a   resolution expressing the legislature's opposition to a law meeting   the requirements of 23 U.S.C. Section 159 in suspending, revoking,   or denying the driver's license of a person convicted of a drug   offense for a period of six months;                (2)  the governor has submitted to the United States   secretary of transportation:                      (A)  a written certification of the governor's   opposition to the enactment or enforcement of a law required under   23 U.S.C. Section 159; and                      (B)  a written certification that the legislature   has adopted the resolution described by Subdivision (1) of this   subsection; and                (3)  the United States secretary of transportation has   responded to the governor's submission and certified that highway   funds will not be withheld from this state in response to the   modification or full or partial repeal of the law required under 23   U.S.C. Section 159.          (c)  On the 180th day after the date described in Subsection   (b) of this section, the Department of Public Safety shall   reinstate any driver's license that:                (1)  was suspended under Section 521.372,   Transportation Code, before the date described by Subsection (b) of   this section; and                (2)  remains subject to suspension under that section   on the 180th day after the date described in Subsection (b) of this   section.