Governor Approves Regulatory Suspensions to Allow Offender Education Programs to Offer Remote Classroom Instruction During the COVID-19 Pandemic

April 22, 2020

To help combat the spread of Coronavirus, TDLR requested and received authority from Governor Greg Abbott to suspend certain regulatory requirements to allow licensees of the Offender Education Program to provide more services through remote
classroom instruction.

These suspensions are in effect until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires. In accordance with Section 418.016 of the Texas Government Code, the Office of the Governor
has granted TDLR’s request to suspend the following provisions:

Rule Provisions to be Waived for All Offender Education Programs Listed

• Waive 16 TAC §90.43(b) regarding “Each instructor must be physically present in the classroom with all of the participants for each class.”
• Waive 16 TAC §90.48(a) and (f) applicable to Classroom Facilities and Equipment to allow for the provision of program instruction from certified providers to offenders through remote classroom instruction.

Statutory Provision Waived for Alcohol Education for Minors

• Waive Texas Alcoholic Beverage Code §106.115(a) as it relates to the word “attend” if it would require a defendant’s physical presence in a classroom setting to receive program instruction related to an alcohol awareness, drug education, or drug and alcohol driving
  awareness program under this statute, or TDLR rule. Clarify that “attend” may include the provision of program instruction to offenders (and authorized persons) from certified providers via remote classroom instruction. 

Statutory Provision Waived for Drug Offender Education

• Waive Texas Transportation Code §521.374(a) as it relates to the word “attend” if it would require an offender’s physical presence in a classroom setting to receive program instruction related to a drug education program under this statute, or TDLR rule. Clarify that
  “attend” may include the provision of program instruction to offenders from certified providers via remote classroom instruction.

Statutory Provision Waived for DWI Education Program

• Waive Code of Criminal Procedure Article §42A.403(a) as it relates to the word “attend” if it would require an offender’s physical presence in a classroom setting to receive program instruction related to a DWI Education program authorized under this statute, or TDLR rule. Clarify
  that “attend” may include the provision of program instruction to offenders from certified providers via remote classroom instruction.

Statutory Provision Waived for DWI Intervention Program

• Waive Code of Criminal Procedure Article 42A.404(a) as it relates to the word “attend” if it would require an offender’s physical presence in a classroom setting to receive program instruction related to a DWI Intervention Education program authorized under this
  statute, or TDLR rule. Clarify that “attend” may include the provision of program instruction to offenders from certified providers via remote classroom instruction.