83R5857 MCK-D
By: Reynolds H.B. No. 1020
A BILL TO BE ENTITLED
AN ACT
relating to the certification of alcohol awareness programs
required for minors convicted of or receiving deferred disposition
for certain alcohol offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 106.115(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) On the placement of a minor on deferred disposition for
an offense under Section 49.02, Penal Code, or under Section
106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
shall require the defendant to attend an alcohol awareness program
approved by the Department of State Health Services under this
section or an alcohol awareness program approved by another state
agency before September 1, 2013 [Texas Commission on Alcohol and
Drug Abuse]. On conviction of a minor of an offense under one or
more of those sections, the court, in addition to assessing a fine
as provided by those sections, shall require a defendant who has not
been previously convicted of an offense under one of those sections
to attend the alcohol awareness program. If the defendant has been
previously convicted once or more of an offense under one or more of
those sections, the court may require the defendant to attend the
alcohol awareness program. If the defendant is younger than 18
years of age, the court may require the parent or guardian of the
defendant to attend the program with the defendant. The Department
of State Health Services [Texas Commission on Alcohol and Drug
Abuse]:
(1) is responsible for the administration of the
certification of approved alcohol awareness programs;
(2) may charge a nonrefundable application fee for:
(A) initial certification of the approval; or
(B) renewal of the certification;
(3) shall adopt rules regarding alcohol awareness
programs approved under this section; and
(4) shall monitor, coordinate, and provide training to
a person who provides an alcohol awareness program.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.