| 1 | 1 | | By: Burns H.B. No. 4124 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the certification of alcohol awareness programs |
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| 7 | 7 | | required for minors convicted of or receiving deferred disposition |
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| 8 | 8 | | for certain alcohol offenses. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 106.115(a), Alcoholic Beverage Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) On the placement of a minor on deferred disposition for |
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| 13 | 13 | | an offense under Section 49.02, Penal Code, or under Section |
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| 14 | 14 | | 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court |
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| 15 | 15 | | shall require the defendant to attend an alcohol awareness program |
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| 16 | 16 | | approved by the Department of State Health Services under this |
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| 17 | 17 | | section [or a drug and alcohol driving awareness program approved |
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| 18 | 18 | | by the Texas Education Agency]. On conviction of a minor of an |
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| 19 | 19 | | offense under one or more of those sections, the court, in addition |
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| 20 | 20 | | to assessing a fine as provided by those sections, shall require a |
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| 21 | 21 | | defendant who has not been previously convicted of an offense under |
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| 22 | 22 | | one of those sections to attend an alcohol awareness program [or a |
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| 23 | 23 | | drug and alcohol driving awareness program described by this |
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| 24 | 24 | | subsection]. If the defendant has been previously convicted once |
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| 25 | 25 | | or more of an offense under one or more of those sections, the court |
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| 26 | 26 | | may require the defendant to attend an alcohol awareness program |
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| 27 | 27 | | [or a drug and alcohol driving awareness program described by this |
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| 28 | 28 | | subsection]. If the defendant is younger than 18 years of age, the |
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| 29 | 29 | | court may require the parent or guardian of the defendant to attend |
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| 30 | 30 | | the program with the defendant. The Department of State Health |
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| 31 | 31 | | Services: |
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| 32 | 32 | | (1) is responsible for the administration of the |
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| 33 | 33 | | certification of approved alcohol awareness programs; |
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| 34 | 34 | | (2) may charge a nonrefundable application fee for: |
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| 35 | 35 | | (A) initial certification of the approval; or |
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| 36 | 36 | | (B) renewal of the certification; |
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| 37 | 37 | | (3) shall adopt rules regarding alcohol awareness |
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| 38 | 38 | | programs approved under this section; and |
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| 39 | 39 | | (4) shall monitor, coordinate, and provide training to |
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| 40 | 40 | | a person who provides an alcohol awareness program. |
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| 41 | 41 | | SECTION 2. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2015. |
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