By: Reynolds (Senate Sponsor - Huffman) H.B. No. 1020
(In the Senate - Received from the House May 6, 2013;
May 7, 2013, read first time and referred to Committee on Criminal
Justice; May 15, 2013, reported favorably by the following vote:
Yeas 6, Nays 0; May 15, 2013, sent to printer.)
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 a drug and alcohol driving awareness program approved by
the Texas Education Agency [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 an [the] alcohol awareness program or a drug and alcohol
driving awareness program described by this subsection. 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 an [the] alcohol awareness program or a drug and
alcohol driving awareness program described by this subsection. 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.
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