Sec. 54.047. ALCOHOL OR DRUG RELATED OFFENSE. (a) 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 constitutes a violation of Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or 481.121, Health and Safety Code, the court may order that the child successfully complete 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.
(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.
(c) The court shall, in addition to any order described by Subsection (a) or (b), order that, in the manner provided by Section 106.071(d), Alcoholic Beverage Code:
(1) the child perform community service; and
(2) the child's driver's license or permit be suspended or that the child be denied issuance of a driver's license or permit.
(d) An order under this section:
(1) is subject to a finding under Section 54.04(c); and
(2) may be issued in addition to any other order authorized by this title.
(e) Repealed by Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 19(3), eff. September 1, 2021.
(f) If the court orders a child under Subsection (a) or (b) to successfully complete a substance misuse education program or alcohol awareness program, unless the court determines that the parent or guardian of the child is indigent and unable to pay the cost, the court shall require the child's parent or a guardian of the child to pay the cost of the program. The court shall allow the child's parent or guardian to pay the cost of the program in installments.
Added by Acts 1997, 75th Leg., ch. 1013, Sec. 18, eff. Sept. 1, 1997. Renumbered from Sec. 54.046 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(19), eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1004 (H.B. 642), Sec. 6, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(5), eff. January 1, 2022.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 13, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 19(3), eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 8.001, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1021 (H.B. 5183), Sec. 6, eff. June 18, 2023.