1-1     By:  Luna (Senate Sponsor - West)                     H.B. No. 1541
 1-2           (In the Senate - Received from the House April 27, 2001;
 1-3     April 30, 2001, read first time and referred to Committee on
 1-4     Criminal Justice; May 9, 2001, reported favorably by the following
 1-5     vote:  Yeas 5, Nays 0; May 9, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the satisfaction of a condition of community
 1-9     supervision requiring performance of community service.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Section 16, Article 42.12, Code of Criminal
1-12     Procedure, is amended by adding Subsection (e) to read as follows:
1-13           (e)  A judge may permit a defendant to substitute for
1-14     community service otherwise required by this section a one-time
1-15     contribution to a nonprofit or governmental program that includes
1-16     as participants or recipients persons who are younger than 17 years
1-17     of age and that regularly provides athletic, civic, cultural, or
1-18     educational activity.  For each amount contributed under this
1-19     subsection that equals the amount of the federal minimum wage, the
1-20     defendant is entitled to one hour's credit against required
1-21     community service hours, except that a defendant may not receive
1-22     credit under this subsection for more than 20 hours of community
1-23     service the judge requires under Subsection (b).  The department
1-24     supervising the defendant shall collect the contribution and
1-25     forward the contribution to the program, as directed by the judge.
1-26     On permitting a payment under this subsection, the judge shall
1-27     admonish the defendant that the payment is not a charitable
1-28     contribution for the purposes of federal tax law.
1-29           SECTION 2. This Act takes effect September 1, 2001, and
1-30     applies to a defendant placed on community supervision before, on,
1-31     or after that date.
1-32                                  * * * * *