Title GV, Government Code

Sec. 171.0053. RULES. (a) The commission shall adopt rules necessary to administer and enforce this chapter. The rules regulating court-ordered programs under this chapter must include: (1) the criteria for program administration; (2) the structure, length, content, and manner of…

Sec. 171.0054. FEES. (a) The commission by rule shall set fees in amounts that are reasonable and necessary to cover the costs of administering and enforcing this chapter, which may include fees for: (1) the issuance or renewal of a license; (2) instructor training courses, mater…

Sec. 171.0055. FORMAT OF COURT-ORDERED PROGRAM. A provider may offer a court-ordered program under this chapter in-person or online. Added by Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 1, eff. September 1, 2021.

Sec. 171.0056. CODE OF ETHICS. The commission shall adopt and publish a code of ethics for license holders. Added by Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 1, eff. September 1, 2021.

Sec. 171.0057. ELECTRONIC TRANSMISSION OF PROGRAM INFORMATION. The department may develop and implement procedures to electronically transmit information regarding court-ordered programs to municipal and justice courts. Added by Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Se…

Sec. 171.0058. MEMORANDUM OF UNDERSTANDING. The department may enter into a memorandum of understanding with the Department of Public Safety, the Texas Department of Transportation, the Texas Department of Criminal Justice, the Health and Human Services Commission, the Department…

Sec. 171.0101. PROGRAM PROVIDER LICENSE REQUIRED. A person may not provide or offer to provide a court-ordered program unless the person holds a program provider license issued under this chapter. Added by Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 1, eff. September 1,…

Sec. 171.0102. ELIGIBILITY REQUIREMENTS FOR PROGRAM PROVIDER LICENSE. (a) The commission by rule shall establish eligibility requirements and criteria for the issuance of a program provider license under this chapter. (b) The commission by rule may establish eligibility requireme…

Sec. 171.0103. PROGRAM PROVIDER LICENSE ENDORSEMENTS. (a) A license for a program provider must be endorsed with one or more of the following classifications: (1) the alcohol educational program for minors; (2) the drug offense educational program; (3) the educational program for…

Sec. 171.0104. ISSUANCE OF PROGRAM PROVIDER LICENSE. The department shall issue a program provider license to an applicant who: (1) meets the eligibility requirements and criteria established by commission rule; (2) submits a completed application to the department on the form pr…

Sec. 171.0151. INSTRUCTOR LICENSE REQUIRED. A person may not instruct or represent that the person is an instructor of a court-ordered program to which this chapter applies unless the person holds an instructor license issued under this subchapter with the appropriate endorsement…

Sec. 171.0152. ISSUANCE OF INSTRUCTOR LICENSE. (a) The department shall issue an instructor license for a particular court-ordered program to an applicant who: (1) meets the eligibility requirements and criteria established by commission rule; (2) submits a completed application …

Sec. 171.0153. INSTRUCTOR LICENSE ENDORSEMENTS. (a) An instructor license must be endorsed with one or more of the following classifications: (1) the alcohol educational program for minors; (2) the drug offense educational program; (3) the educational program for intoxication off…

Sec. 171.0154. ELIGIBILITY REQUIREMENTS FOR INSTRUCTOR LICENSE. The commission by rule shall establish requirements for the issuance of an instructor license under this chapter. The commission by rule may establish eligibility criteria for instructors based on the type of court-o…

Sec. 171.0155. INSTRUCTOR TRAINING COURSE; EXAMINATION OR ASSESSMENT. (a) The commission by rule shall establish the requirements for the instructor training course and any applicable examinations or end-of-course assessments. (b) The department or the department's authorized rep…

Sec. 171.0201. LICENSE NOT TRANSFERABLE. A license issued under this chapter is not transferable or assignable. Added by Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 1, eff. September 1, 2021.

Sec. 171.0202. PROGRAM PROVIDER CHANGE OF OWNERSHIP. Not less than 30 days before the date of a change in ownership of a program provider, the proposed new owner must apply for a new program provider license with an endorsement for each type of court-ordered program to be offered…

Sec. 171.0251. LICENSE TERM. A license issued under this chapter is valid for one or two years from the date of issuance as prescribed by commission rule. Added by Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 1, eff. September 1, 2021.

Sec. 171.0252. LICENSE RENEWAL. The commission by rule shall establish the requirements for renewing a license issued under this chapter, including the payment of applicable fees. Added by Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 1, eff. September 1, 2021.

Sec. 171.0253. CONTINUING EDUCATION FOR RENEWAL OF INSTRUCTOR LICENSE. The commission by rule shall establish the minimum number of hours of continuing education that a license holder must complete to renew an instructor license issued under Subchapter D. The commission may requi…

Sec. 171.0301. GENERAL REQUIREMENTS FOR COURT-ORDERED PROGRAMS. (a) The department or the department's authorized representative shall develop the curriculum and educational materials to be used for each court-ordered program. (b) A court-ordered program must be: (1) provided by …

Sec. 171.0302. DISCRIMINATION PROHIBITED. A program provider or instructor may not discriminate against participants based on sex, race, religion, age, national or ethnic origin, or disability. Added by Acts 2021, 87th Leg., R.S., Ch. 948 (S.B. 1480), Sec. 1, eff. September 1, 20…

Sec. 171.0303. CERTIFICATE OF PROGRAM COMPLETION. (a) The department shall issue or provide for the issuance of a certificate of program completion or certificate number showing completion of a court-ordered program. (b) The commission by rule shall provide for the form, design, …

Sec. 171.0304. DISPLAY OF LICENSE AND DEPARTMENT CONTACT INFORMATION. The commission by rule shall establish: (1) requirements for providers and instructors regarding the displaying or posting of a license or providing notice of a license number to a participant of a court-ordere…

Sec. 171.0305. INFORMATION REQUIRED. A program provider shall maintain and make available to participants information regarding course fees, schedules, methods of course delivery, and locations, as applicable, for all court-ordered programs provided by the program provider. Added…

Sec. 171.0351. PROHIBITED PRACTICES BY ALL LICENSE HOLDERS. A license holder may not: (1) use advertising that is false, misleading, or deceptive; or (2) issue, sell, trade, or transfer a certificate of program completion or a certificate number to a person who has not successful…

Sec. 171.0352. GROUNDS FOR DISCIPLINARY ACTIONS. The commission or executive director may deny an application for an initial or renewal license, revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder who: (1) viola…

Sec. 171.0353. DISCIPLINARY ACTION; ADMINISTRATIVE PENALTY. If a person violates this chapter or an order issued or a rule adopted under this chapter, the person is subject to any action or penalty under Subchapter F or G, Chapter 51, Occupations Code. Added by Acts 2021, 87th Le…

Sec. 171.0354. AUDITS OF PROVIDERS AND PROGRAMS. (a) The department may conduct audits of the program providers and the court-ordered programs to verify compliance with this chapter. These audits may be conducted onsite, remotely, or through other means, and may include audits of…

Sec. 171.0355. INVESTIGATIONS. (a) A program provider, instructor, or any person associated with a court-ordered program shall: (1) cooperate with the department during an investigation of a complaint under this chapter; and (2) provide or make available to the department on requ…

Sec. 171.0356. UNLAWFUL TRANSFER OF CERTIFICATE OF PROGRAM COMPLETION OR CERTIFICATE NUMBER; OFFENSE. (a) A person commits an offense if the person knowingly sells, trades, issues, or otherwise transfers, or possesses with intent to sell, trade, issue, or otherwise transfer, a ce…

Sec. 171.0357. UNLAWFUL POSSESSION OF CERTIFICATE OF PROGRAM COMPLETION OR CERTIFICATE NUMBER; OFFENSE. (a) A person commits an offense if the person knowingly possesses a certificate of program completion or a certificate number that the person is not authorized to possess under…