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Amend CSHB 2193 by adding the following appropriately
numbered SECTION to the bill and renumbering existing SECTIONS
accordingly:
SECTION ___. (a) Article 45.051, Code of Criminal
Procedure, is amended by adding Subsections (b-1) and (b-2) to read
as follows:
(b-1) This subsection applies only to a defendant who is
charged with a traffic offense or an offense under Section 106.05,
Alcoholic Beverage Code, and is a resident of this state. If under
Subsection (b)(10) of this article the judge requires the defendant
to perform community service as a condition of the deferral, the
defendant is entitled to elect whether to perform the required
community service work for:
(1) a governmental entity or a nonprofit organization
that is located in the county in which the court is located; or
(2) a governmental entity or a nonprofit organization
that is located in the county in which the defendant resides, but
only if the entity or organization agrees to:
(A) supervise the defendant in the performance of
the defendant's community service work; and
(B) report to the court on the defendant's
community service work.
(b-2) This subsection applies only to a defendant charged
with an offense under Section 106.05, Alcoholic Beverage Code, who,
under Subsection (b-1), elects to perform the required community
supervision in the county in which the defendant resides. The
community supervision must comply with Sections 106.071(d) and (e),
Alcoholic Beverage Code, except that if the educational programs or
services described by Section 106.071(d) are not available in the
county of the defendant's residence, the court may order community
service that it considers appropriate for rehabilitative purposes.
(b) This section takes effect immediately if this Act
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 section takes effect September 1, 2005.