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A BILL TO BE ENTITLED
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AN ACT
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relating to the certification of alcohol awareness programs |
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required for minors convicted of or receiving deferred disposition |
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for certain alcohol offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 106.115(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) On the placement of a minor on deferred disposition for |
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an offense under Section 49.02, Penal Code, or under Section |
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106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court |
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shall require the defendant to attend an alcohol awareness program |
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approved by the Department of State Health Services under this |
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section or an alcohol awareness program approved by another state |
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agency before September 1, 2013 [Texas Commission on Alcohol and
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Drug Abuse]. On conviction of a minor of an offense under one or |
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more of those sections, the court, in addition to assessing a fine |
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as provided by those sections, shall require a defendant who has not |
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been previously convicted of an offense under one of those sections |
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to attend the alcohol awareness program. If the defendant has been |
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previously convicted once or more of an offense under one or more of |
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those sections, the court may require the defendant to attend the |
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alcohol awareness program. If the defendant is younger than 18 |
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years of age, the court may require the parent or guardian of the |
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defendant to attend the program with the defendant. The Department |
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of State Health Services [Texas Commission on Alcohol and Drug
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Abuse]: |
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(1) is responsible for the administration of the |
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certification of approved alcohol awareness programs; |
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(2) may charge a nonrefundable application fee for: |
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(A) initial certification of the approval; or |
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(B) renewal of the certification; |
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(3) shall adopt rules regarding alcohol awareness |
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programs approved under this section; and |
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(4) shall monitor, coordinate, and provide training to |
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a person who provides an alcohol awareness program. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |