Tex. Code Crim. Proc. art. 42A.404 · Subchapter I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION OFFENSES
EDUCATIONAL PROGRAM FOR CERTAIN REPEAT INTOXICATION OFFENSES; WAIVER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The judge shall require a defendant who is punished under Section 49.09, Penal Code, to attend and successfully complete as a condition of community supervision an educational program for repeat offenders that is regulated by the Texas Department of Licensing and Regulation under Chapter 171, Government Code.
(b) The judge may waive the educational program requirement if the defendant by a motion in writing shows good cause. In determining good cause, the judge may consider:
(1) the defendant's school and work schedule;
(2) the defendant's health;
(3) the distance that the defendant must travel to attend an in-person educational program;
(4) whether the defendant resides out of state or does not have access to transportation; and
(5) whether the defendant has access to reliable Internet service sufficient to successfully complete an educational program offered online.
(b-1) The judge shall waive the educational program requirement if the defendant successfully completes education at a residential treatment facility under Article 42A.4045.
(c) The judge shall set out in the judgment, as applicable:
(1) the finding of good cause for waiver; or
(2) the finding that the defendant has successfully completed education as provided by Article 42A.4045.
Notes and commentary — not statutory text
History
Added by Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 1.01, eff. January 1, 2017.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.016(c), eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.016(d), eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 790 (H.B. 385), Sec. 5, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 6, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 7, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm
- Text hash
- sha256 18c0f42deb54a15ae1ec4ac8db2beede77d7ea2440176ce699f164d52fc71ebe
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
Cited by 6 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 42A.404. Each shows the citation as that text prints it.
Code of Criminal Procedure
- Tex. Code Crim. Proc. art. 42A.4045ALTERNATIVE TO EDUCATIONAL PROGRAM: SUBSTANCE ABUSE TREATMENT FACILITY.Printed as Article 42A.403 or 42A.404
- Tex. Code Crim. Proc. art. 42A.406EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON DRIVING RECORD AND LICENSE.Printed as Article 42A.403 or 42A.404
- Tex. Code Crim. Proc. art. 42A.407SUSPENSION OF DRIVER'S LICENSE.Printed as Article 42A.403 or 42A.404 | Article 42A.404
Government Code
Transportation Code
- Tex. Transp. Code § 521.245REQUIRED ALCOHOL DEPENDENCE COUNSELING.Printed as Article 42A.403 or 42A.404, Code of Criminal Procedure
- Tex. Transp. Code § 521.344SUSPENSION FOR OFFENSES INVOLVING INTOXICATION.Printed as Article 42A.403 or 42A.404, Code of Criminal Procedure | Article 42A.404, Code of Criminal Procedure
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