Legislative Blog

J.B. Williams, J.D.

3 bills affecting the Alcoholic Beverage Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 4417 - Alcohol awareness programs for deferred disposition must now be those approved under the Government Code, and not the Education Code.

HB 5183 - Requires proper procedures for continuation maintenance.

3 bills affecting the Alcoholic Beverage Code

Published: 2024-03-22

HB 4417

Court-ordered programs regulated by the Texas Department of Licensing and Regulation

Minors placed on deferred disposition for alcohol and/or drug offenses may no longer take a drug and alcohol awareness program under the Education Code. They may still take an alcohol awareness program under the Government Code or a drug education program under the Transportation code. They must take on of the 2 options name if convicted of an offense, and not previously convicted of a similar offense. If they were previously convicted, then the court may order them to take one of the two courses but is not required to do so.

If the minor resides in a county with a population of 75,000 or less, and access to an alcohol awareness program is not readily available; then the court may:

1. allow them to take an online alcohol awareness program that is approved the Texas Department of Licensing and Regulation; or
2. require them to perform at least 8 hours of community service related to alcohol abuse prevention or treatment

HB 5183

Educational program for those whose driver's license is suspended due to conviction of certain drug offenses.

There are modifications to the Alcoholic Beverage Code, The Code of Criminal Procedure, Family Code, Transportation Code

For a minor placed on deferred disposition for an alcohol related offense or possession of a controlled substance, the court must require them to successfully complete one of the following:

1. alcohol awareness program regulated under the Government Code;
2. a substance misuse education program under the Transportation Code (colored text added);

If a minor is convicted of an alcohol offense or possession of a controlled substance, and has not previously been so, then the court must require one of the above. If the minor is convicted of an alcohol offense or possession of a controlled substance, but has previously been committed of a similar offense, then the court may, but is not required, order them to take one of the above.

Unless a defendant is found to be indigent, the court shall require them to pay the cost of the above program.

A person whose license is suspended may successfully complete an in-person or online education program designed to educate on the dangers of substance misuse; or successfully complete education on the dangers of substance misuse equaivalent to the educational program, while they are a resident in a facility for treatment of substance misuse or chemical dependency.

The Health and Human Services Commission shall monitor a chemical dependency treatment facility's compliance with providing the approved education and shall administer the approval of the equivalent education provided in a chemical dependency. The Texas Department of Criminal Justice shall monitor the compliance of a facility with providing the approved educational program and shall administer the approval of the equivalent educational program in a facility.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.