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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 a drug and alcohol driving awareness program approved by |
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the Texas Education Agency [Texas Commission on Alcohol and Drug
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Abuse]. On conviction of a minor of an offense under one or more of |
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those sections, the court, in addition to assessing a fine as |
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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 an [the] alcohol awareness program or a drug and alcohol |
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driving awareness program described by this subsection. If the |
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defendant has been previously convicted once or more of an offense |
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under one or more of those sections, the court may require the |
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defendant to attend an [the] alcohol awareness program or a drug and |
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alcohol driving awareness program described by this subsection. If |
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the defendant is younger than 18 years of age, the court may require |
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the parent or guardian of the defendant to attend the program with |
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the defendant. The Department of State Health Services [Texas
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Commission on Alcohol and Drug 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. |
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