| 1 | 1 | | By: Reynolds (Senate Sponsor - Huffman) H.B. No. 1020 |
|---|
| 2 | 2 | | (In the Senate - Received from the House May 6, 2013; |
|---|
| 3 | 3 | | May 7, 2013, read first time and referred to Committee on Criminal |
|---|
| 4 | 4 | | Justice; May 15, 2013, reported favorably by the following vote: |
|---|
| 5 | 5 | | Yeas 6, Nays 0; May 15, 2013, sent to printer.) |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | A BILL TO BE ENTITLED |
|---|
| 9 | 9 | | AN ACT |
|---|
| 10 | 10 | | relating to the certification of alcohol awareness programs |
|---|
| 11 | 11 | | required for minors convicted of or receiving deferred disposition |
|---|
| 12 | 12 | | for certain alcohol offenses. |
|---|
| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 14 | | SECTION 1. Section 106.115(a), Alcoholic Beverage Code, is |
|---|
| 15 | 15 | | amended to read as follows: |
|---|
| 16 | 16 | | (a) On the placement of a minor on deferred disposition for |
|---|
| 17 | 17 | | an offense under Section 49.02, Penal Code, or under Section |
|---|
| 18 | 18 | | 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court |
|---|
| 19 | 19 | | shall require the defendant to attend an alcohol awareness program |
|---|
| 20 | 20 | | approved by the Department of State Health Services under this |
|---|
| 21 | 21 | | section or a drug and alcohol driving awareness program approved by |
|---|
| 22 | 22 | | the Texas Education Agency [Texas Commission on Alcohol and Drug |
|---|
| 23 | 23 | | Abuse]. On conviction of a minor of an offense under one or more of |
|---|
| 24 | 24 | | those sections, the court, in addition to assessing a fine as |
|---|
| 25 | 25 | | provided by those sections, shall require a defendant who has not |
|---|
| 26 | 26 | | been previously convicted of an offense under one of those sections |
|---|
| 27 | 27 | | to attend an [the] alcohol awareness program or a drug and alcohol |
|---|
| 28 | 28 | | driving awareness program described by this subsection. If the |
|---|
| 29 | 29 | | defendant has been previously convicted once or more of an offense |
|---|
| 30 | 30 | | under one or more of those sections, the court may require the |
|---|
| 31 | 31 | | defendant to attend an [the] alcohol awareness program or a drug and |
|---|
| 32 | 32 | | alcohol driving awareness program described by this subsection. If |
|---|
| 33 | 33 | | the defendant is younger than 18 years of age, the court may require |
|---|
| 34 | 34 | | the parent or guardian of the defendant to attend the program with |
|---|
| 35 | 35 | | the defendant. The Department of State Health Services [Texas |
|---|
| 36 | 36 | | Commission on Alcohol and Drug Abuse]: |
|---|
| 37 | 37 | | (1) is responsible for the administration of the |
|---|
| 38 | 38 | | certification of approved alcohol awareness programs; |
|---|
| 39 | 39 | | (2) may charge a nonrefundable application fee for: |
|---|
| 40 | 40 | | (A) initial certification of the approval; or |
|---|
| 41 | 41 | | (B) renewal of the certification; |
|---|
| 42 | 42 | | (3) shall adopt rules regarding alcohol awareness |
|---|
| 43 | 43 | | programs approved under this section; and |
|---|
| 44 | 44 | | (4) shall monitor, coordinate, and provide training to |
|---|
| 45 | 45 | | a person who provides an alcohol awareness program. |
|---|
| 46 | 46 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 50 | 50 | | Act takes effect September 1, 2013. |
|---|
| 51 | 51 | | * * * * * |
|---|