77R11696 GWK-F                           
         By Luna                                               H.B. No. 1541
         Substitute the following for H.B. No. 1541:
         By Hinojosa                                       C.S.H.B. No. 1541
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the satisfaction of a condition of community
 1-3     supervision requiring performance of community service.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 16, Article 42.12, Code of Criminal
 1-6     Procedure, is amended by adding Subsection (e) to read as follows:
 1-7           (e)  A judge may permit a defendant to substitute for
 1-8     community service otherwise required by this section a one-time
 1-9     contribution to a nonprofit or governmental program that includes
1-10     as participants or recipients persons who are younger than 17 years
1-11     of age and that regularly provides athletic, civic, cultural, or
1-12     educational activity.  For each amount contributed under this
1-13     subsection that equals the amount of the federal minimum wage, the
1-14     defendant is entitled to one hour's credit against required
1-15     community service hours, except that a defendant may not receive
1-16     credit under this subsection for more than 20 hours of community
1-17     service the judge requires under Subsection (b).  The department
1-18     supervising the defendant shall collect the contribution and
1-19     forward the contribution to the program, as directed by the judge.
1-20     On permitting a payment under this subsection, the judge shall
1-21     admonish the defendant that the payment is not a charitable
1-22     contribution for the purposes of federal tax law.
 2-1           SECTION 2. This Act takes effect September 1, 2001, and
 2-2     applies to a defendant placed on community supervision before, on,
 2-3     or after that date.