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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 90OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES
SUBCHAPTER AGENERAL PROVISIONS
RULE §90.10Definitions

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 this chapter.

  (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 or problems;

    (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 Regulation.

  (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 course.

  (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 and Regulation.

  (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; and

    (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 the department.

  (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 training course.

  (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 Education course.

  (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.


Source Note: The provisions of this §90.10 adopted to be effective November 1, 2017, 42 TexReg 4632

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