(1) the Texas Department of Licensing and Regulation;

(2) the Department of Public Safety;

(3) the traffic safety section of the traffic operations division of the Texas Department of Transportation; and

(4) the community justice assistance division of the Texas Department of Criminal Justice.

(b) This article does not apply to a defendant if a jury recommends community supervision for the defendant and also recommends that the defendant's driver's license not be suspended.

(c) If the defendant by a motion in writing shows good cause, the judge may:

(1) waive the educational program requirement; or

(2) to enable the defendant to successfully complete the program, grant an extension of time that expires not later than the first anniversary of the beginning date of the defendant's community supervision.

(d) In determining good cause, the judge may consider but is not limited to:

(1) the defendant's school and work schedule;

(2) the defendant's health;

(3) the distance that the defendant must travel to attend an educational program; and

(4) the fact that the defendant resides out of state, does not have a valid driver's license, or does not have access to transportation.

(d-1) The judge shall waive the educational program requirement if the defendant successfully completes equivalent education at a residential treatment facility under Article 42A.4045.

(e) 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 equivalent education as provided by Article 42A.4045.

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(a), eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.016(b), eff. September 1, 2017.