By: Burns H.B. No. 4124
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]. 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 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 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:
(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, 2015.