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AN ACT
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relating to allowing certain minors convicted of certain alcohol |
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offenses to perform community service instead of attending an |
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alcohol awareness program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 106.115, Alcoholic Beverage Code, is |
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amended by adding Subsections (b-1), (b-2), and (b-3) to read as |
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follows: |
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(b-1) If the defendant resides in a county with a population |
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of 75,000 or less and access to an alcohol awareness program is not |
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readily available in the county, the court may allow the defendant |
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to take an online alcohol awareness program if the Department of |
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State Health Services approves online courses or require the |
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defendant to perform not less than eight hours of community service |
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related to alcohol abuse prevention or treatment and approved by |
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the Department of State Health Services under Subsection (b-3) |
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instead of attending the alcohol awareness program. Community |
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service ordered under this subsection is in addition to community |
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service ordered under Section 106.071(d). |
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(b-2) For purposes of Subsection (b-1), if the defendant is |
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enrolled in an institution of higher education located in a county |
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in which access to an alcohol awareness program is readily |
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available, the court may consider the defendant to be a resident of |
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that county. If the defendant is not enrolled in such an |
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institution of higher education or if the court does not consider |
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the defendant to be a resident of the county in which the |
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institution is located, the defendant's residence is the residence |
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listed on the defendant's driver's license or personal |
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identification certificate issued by the Department of Public |
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Safety. If the defendant does not have a driver's license or |
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personal identification certificate issued by the Department of |
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Public Safety, the defendant's residence is the residence on the |
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defendant's voter registration certificate. If the defendant is not |
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registered to vote, the defendant's residence is the residence on |
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file with the public school district on which the defendant's |
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enrollment is based. If the defendant is not enrolled in public |
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school, the defendant's residence is determined as provided by |
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commission rule. |
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(b-3) The Department of State Health Services shall create a |
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list of community services related to alcohol abuse prevention or |
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treatment in each county in the state to which a judge may sentence |
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a defendant under Subsection (b-1). |
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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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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 232 was passed by the House on April |
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11, 2013, by the following vote: Yeas 140, Nays 4, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 232 on May 24, 2013, by the following vote: Yeas 140, Nays 4, 3 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 232 was passed by the Senate, with |
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amendments, on May 22, 2013, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |