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 drug education program that is designed to educate persons on the dangers of drug abuse 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(e) Repealed by Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 19(3), eff.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.
Without reference to the amendment of this subsection, this subsection was repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(b)(5), eff. January 1, 2022.
(f) If the court orders a child under Subsection (a) or (b) to successfully complete a drug 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.
Structure Texas Statutes
Title 3 - Juvenile Justice Code
Chapter 54 - Judicial Proceedings
Section 54.01. Detention Hearing
Section 54.011. Detention Hearings for Status Offenders and Nonoffenders; Penalty
Section 54.012. Interactive Video Recording of Detention Hearing
Section 54.02. Waiver of Jurisdiction and Discretionary Transfer to Criminal Court
Section 54.03. Adjudication Hearing
Section 54.031. Hearsay Statement of Certain Abuse Victims
Section 54.033. Sexually Transmitted Disease, Aids, and HIV Testing
Section 54.034. Limited Right to Appeal: Warning
Section 54.04. Disposition Hearing
Section 54.0401. Community-Based Programs
Section 54.04012. Trafficked Persons Program
Section 54.04013. Special Commitment to Texas Juvenile Justice Department
Section 54.0405. Child Placed on Probation for Conduct Constituting Sexual Offense
Section 54.0406. Child Placed on Probation for Conduct Involving a Handgun
Section 54.0407. Cruelty to Animals: Counseling Required
Section 54.0409. DNA Sample Required on Certain Felony Adjudications
Section 54.041. Orders Affecting Parents and Others
Section 54.042. License Suspension
Section 54.043. Monitoring School Attendance
Section 54.044. Community Service
Section 54.045. Admission of Unadjudicated Conduct
Section 54.046. Conditions of Probation for Damaging Property With Graffiti
Section 54.047. Alcohol or Drug Related Offense
Section 54.0481. Restitution for Damaging Property With Graffiti
Section 54.0482. Treatment of Restitution Payments
Section 54.049. Conditions of Probation for Desecrating a Cemetery or Abusing a Corpse
Section 54.0491. Gang-Related Conduct
Section 54.05. Hearing to Modify Disposition
Section 54.051. Transfer of Determinate Sentence Probation to Appropriate District Court
Section 54.052. Credit for Time Spent in Detention Facility for Child With Determinate Sentence
Section 54.06. Judgments for Support
Section 54.061. Payment of Probation Fees
Section 54.07. Enforcement of Order
Section 54.08. Public Access to Court Hearings
Section 54.09. Recording of Proceedings