judges get to pick the alcohol class for minors

The text as introduced · 905 words

90R3630 SCF-D

By: Reynolds
H.B. No. 798

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 42A.514(a), Code of Criminal Procedure,

is amended to read as follows:

(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 education program that is

designed to educate persons on the dangers of substance misuse 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 3. 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 treatment or education program, such as:

(A) a substance misuse education program that is

designed to educate persons on the dangers of substance misuse 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 4. 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 5. 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 6. Sections 106.115(b-1) and (b-2), Alcoholic

Beverage Code, are repealed.

SECTION 7. This Act takes effect September 1, 2027.