Tex. Code Crim. Proc. art. 42A.406 · Subchapter I. CONDITIONS APPLICABLE TO CERTAIN INTOXICATION OFFENSES
EFFECT OF EDUCATIONAL PROGRAM REQUIREMENTS ON DRIVING RECORD AND LICENSE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a defendant is required as a condition of community supervision to successfully complete an educational program under Article 42A.403 or 42A.404, or if the court waives the educational program requirement under Article 42A.403 or the defendant successfully completes education under Article 42A.4045, the court clerk shall immediately report that fact to the Department of Public Safety, on a form prescribed by the department, for inclusion in the defendant's driving record. If the court grants an extension of time in which the defendant may complete the educational program under Article 42A.403, the court clerk shall immediately report that fact to the Department of Public Safety on a form prescribed by the department. The clerk's report under this subsection must include the beginning date of the defendant's community supervision.
(b) On the defendant's successful completion of an educational program under Article 42A.403 or 42A.404, the defendant's instructor shall give notice to the Department of Public Safety for inclusion in the defendant's driving record and to the community supervision and corrections department. The community supervision and corrections department shall forward the notice to the court clerk for filing.
(b-1) Upon release from a residential treatment facility at which the person successfully completed education under Article 42A.4045, at the request of the court clerk, the director of the residential treatment facility shall give notice to the Department of Public Safety for inclusion in the person's driving record.
(c) If the Department of Public Safety does not receive notice that a defendant required to complete an educational program has successfully completed the program within the period required by the judge under this subchapter, as shown on department records, the department, as provided by Sections 521.344(e) and (f), Transportation Code, shall:
(1) revoke the defendant's driver's license; or
(2) prohibit the defendant from obtaining a license.
(d) The Department of Public Safety may not reinstate a license revoked under Subsection (c) as the result of an educational program requirement imposed under Article 42A.403 unless the defendant whose license was revoked applies to the department for reinstatement of the license and pays to the department a reinstatement fee of $100. The Department of Public Safety shall remit all fees collected under this subsection to the comptroller for deposit in the general revenue fund.
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(g), eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 790 (H.B. 385), Sec. 7, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 8, 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 05dd27357992692edae0a611576bfd7d117a56f258430dd202580488ea562df5
- 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
- Tex. Code Crim. Proc. art. 42A.403EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION OFFENSES; WAIVER OR EXTENSION OF TIME.Printed as Article 42A.403 | Article 42A.403 or 42A.404
- Tex. Code Crim. Proc. art. 42A.404EDUCATIONAL PROGRAM FOR CERTAIN REPEAT INTOXICATION OFFENSES; WAIVER.Printed as Article 42A.403 or 42A.404
- Tex. Code Crim. Proc. art. 42A.4045ALTERNATIVE TO EDUCATIONAL PROGRAM: SUBSTANCE ABUSE TREATMENT FACILITY.Printed as Article 42A.4045
Cited by 4 provisions
Provisions in this library whose text cites Tex. Code Crim. Proc. art. 42A.406. Each shows the citation as that text prints it.
Government Code
Transportation Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.