The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly states otherwise.
(1) Administrator--An individual who is a certified
Instructor in good standing and who is authorized to act on behalf
of the certified Provider in all respects relating to compliance with
(2) Alcohol Education Program for Minors--An educational
program provided to minors pursuant to Alcoholic Beverage Code §106.115
that is designed to:
(A) present information to participants on the effects
of alcohol upon behavior and upon the lives of persons who use alcohol;
(B) help participants identify their own drinking patterns
(C) educate participants about the laws relating to
possession, consumption, and purchase of alcoholic beverages and laws
relating to minors under the influence of alcohol; and
(D) assist participants in developing a plan to reduce
the probability of involvement in future alcohol-related illegal behavior
or detrimental activity.
(3) Annual Reporting Period--The period of time beginning
September 1 of each year and ending August 31 of the following year.
(4) Branch Office/Site--An additional Offender Education
Program/Provider site that is located in the same or adjacent county
as the headquarters of a certified Offender Education Provider.
(5) Certificates of Course Completion--Uniform, serially
numbered certificates of completion required and designated by the
department to be used by certified Providers for dissemination to
Participants upon successful completion of an Offender Education Program.
(6) Commission--The Texas Commission of Licensing and
(7) Continuing Education Hour--At least 50 minutes
of participation in an organized, systematic learning experience which
deals with and is designed for the acquisition of knowledge, skills,
and information on drug or alcohol-related topics, as applicable to
the particular Instructor certification.
(8) Continuing Education Seminar--A department-sponsored
continuing education seminar, class or course for an applicable Offender
Education Instructor certification.
(9) Course Records--Offender Education participants’
personal data forms, pre- and post-tests, self-assessments, screening
instrument(s), homework assignments, action plans, and any other written
material required or used in the offender education class instruction.
(10) Course Roster--A form used to record data on all
offender education participants enrolled in the course and to record
attendance data on those participants at each class throughout the
(11) Course Size--The number of Offender Education
participants in a course, to be calculated according to the number
of participants officially enrolled in the course or the greatest
number of participants in attendance in any class within a course,
whichever is greater.
(12) Department--The Texas Department of Licensing
(13) Drug Offender--A person whose license is suspended
under Transportation Code §521.372 (relating to Automatic Suspension;
License Denial) and any amendments thereto, for final conviction of
an offense described in that section.
(14) Drug Offender Education Program--An educational
program provided to Drug Offenders pursuant to Transportation Code §521.374
that is designed to:
(A) educate participants on the dangers of drug use/abuse
and associated illegal activities;
(B) provide information on the effects of drug use/abuse
and related illegal activities on personal, family, social, economic
and community life;
(C) assist participants in evaluating their own abusive
patterns connected with their use of drugs or associated illegal activities;
(D) assist participants in developing a plan for positive
lifestyle changes to reduce chances of being involved in future drug
use/abuse and related illegal behaviors.
(15) DWI--An offense relating to driving or operating
a motorized vehicle while intoxicated, as described in Penal Code §§49.04
- 49.08, relating to Intoxication Offenses.
(16) DWI Education Program--An educational program
provided to persons convicted of a DWI offense and placed on community
supervision pursuant to Code of Criminal Procedure, Chapter 42A, Articles
42A.403, 42A.405, and 42A.406 (formerly Chapter 42, Article 42.12, §13(h))
that is designed to:
(A) present information on the effects of alcohol and
other drugs on driving skills;
(B) help participants identify their own individual
drinking or drugged driving patterns; and
(C) assist participants in developing a plan to reduce
the probability that they will be involved in future DWI behavior.
(17) DWI Intervention Program--An educational program
provided to persons punished under Penal Code §49.09, relating
to Enhanced Offenses and Penalties, pursuant to Code of Criminal Procedure,
Chapter 42A, Articles 42A.404, 42A.405, and 42A.406 (formerly Chapter
42, Article 42.12, §13(j)) that is designed to:
(A) educate participants about chemical dependency
and the problems associated with chemical dependency;
(B) provide intensive instruction about specific actions
participants can take to prevent future DWI offenses; and
(C) instruct participants about methods and ways to
make necessary lifestyle changes in order to prevent alcohol/drug-related
problems in other areas of the participants’ lives.
(18) Executive Director--The executive director of
(19) Instructor Applicant--A term describing an individual
from the period when the individual submits an application for admission
into an Instructor training course until the point where certification
is granted or denied.
(20) Instructor Certification Period--The period of
time beginning with the date Instructor certification was granted
to instruct an applicable Offender Education curriculum, and ending
two years after the date the certification was issued.
(21) Instructor Training Class--A session of an Instructor
(22) Instructor Training Course--The complete series
of Instructor training class sessions.
(23) Minor--A person under the age of 21 years.
(24) Offender Education Class--A session of an Offender
(25) Offender Education Course--The complete series
of Offender Education class sessions.
(26) Offender Education Program (Program)--An Alcohol
Education Program for Minors, Drug Offender Education Program, DWI
Education Program, or DWI Intervention Program.
(27) Offender Education Provider (Provider)--An individual
or entity holding certification of approval from the department to
offer or provide the Alcohol Education Program for Minors, Drug Offender
Education Program, DWI Education Program, or DWI Intervention Program.
(28) Participant--An individual who attends a department-approved
Offender Education Program.
(29) Program/Provider Headquarters--The primary administrative
center of a certified Offender Education Provider that is identified
as the business address in the Provider’s application.
(30) Screening Instrument--A written device approved
by the department and required to be administered to each Program
participant for the purpose of:
(A) identifying indicators of a potential substance
abuse problem; and
(B) making recommendations for further evaluation,
where indicated by the screening instrument.