TITLE: 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.

SUMMARY: 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.

FULL TEXT:
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 a misdemeanor drug offense as defined by Section 521.371, Transportation Code, whose driver's license is not suspended under Section 521.372, Transportation Code, as a result of that conviction, 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. (a) Section 3, Chapter 710 (H.B. 162), Acts of the 86th Legislature, Regular Session, 2019, is repealed. (b) Section 521.293, Transportation Code, as amended by Chapter 710 (H.B. 162), Acts of the 86th Legislature, Regular Session, 2019, applies to a determination to suspend a driver's license that is made by the Department of Public Safety of the State of Texas before, on, or after the effective date of this Act. SECTION 3.02. 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 3.03. (a) Except as otherwise provided by this section, this Act takes effect September 1, 2021.