Tex.
Alcoh. Bev. Code Section 106.115
Alcohol Awareness Program; License Suspension
(a)
On the placement of a minor on deferred disposition for an offense under Section 49.02 (Public Intoxication), Penal Code, or under Section 106.02 (Purchase of Alcohol by a Minor), 106.025 (Attempt to Purchase Alcohol by a Minor), 106.04 (Consumption of Alcohol by a Minor), 106.041 (Driving or Operating Watercraft Under the Influence of Alcohol by Minor), 106.05 (Possession of Alcohol by a Minor), or 106.07 (Misrepresentation of Age by a Minor), 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 (Educational Programs Regulated by Texas Department of Licensing and Regulation), Government Code; or(2)
a substance misuse education program under Section 521.374 (Educational Program or Equivalent Education)(a)(1), Transportation Code, that is regulated under Chapter 171 (Educational Programs Regulated by Texas Department of Licensing and Regulation), Government Code.(a-1)
On conviction of a minor of an offense under Section 49.02 (Public Intoxication), Penal Code, or Section 106.02 (Purchase of Alcohol by a Minor), 106.025 (Attempt to Purchase Alcohol by a Minor), 106.04 (Consumption of Alcohol by a Minor), 106.041 (Driving or Operating Watercraft Under the Influence of Alcohol by Minor), 106.05 (Possession of Alcohol by a Minor), or 106.07 (Misrepresentation of Age by a Minor), 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 an alcohol awareness program or a substance misuse education program. 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 an alcohol awareness program or a substance misuse education program.(a-2)
If the defendant is younger than 18 years of age, the court may require the parent or guardian of the defendant to attend the program described by Subsection (a) with the defendant.(b)
Repealed by Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 19(1), eff. September 1, 2021.(b-1)
If the defendant resides in a county with a population of 75,000 or less and access to an alcohol awareness program is not readily available in the county, the court may allow the defendant to take an online alcohol awareness program approved by the Texas Department of Licensing and Regulation or require the defendant to perform not less than eight hours of community service related to alcohol abuse prevention or treatment instead of attending the alcohol awareness program. Community service ordered under this subsection is in addition to community service ordered under Section 106.071 (Punishment for Alcohol-related Offense by Minor)(d).(b-2)
For purposes of Subsection (b-1), if the defendant is enrolled in an institution of higher education located in a county in which access to an alcohol awareness program is readily available, the court may consider the defendant to be a resident of that county. If the defendant is not enrolled in such an institution of higher education or if the court does not consider the defendant to be a resident of the county in which the institution is located, the defendant’s residence is the residence listed on the defendant’s driver’s license or personal identification certificate issued by the Department of Public Safety. If the defendant does not have a driver’s license or personal identification certificate issued by the Department of Public Safety, the defendant’s residence is the residence on the defendant’s voter registration certificate. If the defendant is not registered to vote, the defendant’s residence is the residence on file with the public school district on which the defendant’s enrollment is based. If the defendant is not enrolled in public school, the defendant’s residence is determined by the court.(b-3)
Repealed by Acts 2023, 88th Leg., R.S., Ch. 627 (H.B. 4417), Sec. 3(1), eff. June 11, 2023.(c)
The court shall require the defendant to present to the court, within 90 days of the date of final conviction, evidence in the form prescribed by the court that the defendant, as ordered by the court, has satisfactorily completed an alcohol awareness program or performed the required hours of community service. For good cause the court may extend this period by not more than 90 days. If the defendant presents the required evidence within the prescribed period, the court may reduce the assessed fine to an amount equal to no less than one-half of the amount of the initial fine.(d)
If the defendant does not present the required evidence within the prescribed period, the court:(1)
shall order the Department of Public Safety to:(A)
suspend the defendant’s driver’s license or permit for a period not to exceed six months or, if the defendant does not have a license or permit, to deny the issuance of a license or permit to the defendant for that period; or(B)
if the defendant has been previously convicted of an offense under one or more of the sections listed in Subsection (a), suspend the defendant’s driver’s license or permit for a period not to exceed one year or, if the defendant does not have a license or permit, to deny the issuance of a license or permit to the defendant for that period; and(2)
may order the defendant or the parent, managing conservator, or guardian of the defendant to do any act or refrain from doing any act if the court determines that doing the act or refraining from doing the act will increase the likelihood that the defendant will present evidence to the court that the defendant has satisfactorily completed an alcohol awareness program or performed the required hours of community service.(e)
The Department of Public Safety shall send notice of the suspension or prohibition order issued under Subsection (d) by first class mail to the defendant. The notice must include the date of the suspension or prohibition order, the reason for the suspension or prohibition, and the period covered by the suspension or prohibition.
Source:
Section 106.115 — Alcohol Awareness Program; License Suspension, https://statutes.capitol.texas.gov/Docs/AL/htm/AL.106.htm#106.115 (accessed Apr. 13, 2024).
