BILL ANALYSIS

C.S.H.B. 1020

By: Reynolds

Licensing & Administrative Procedures

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties contend that the law is unclear as to whether the alcohol awareness program that a court must require a minor to attend upon the minor's placement on deferred disposition for certain alcohol-related offenses is considered state-approved. The goal of C.S.H.B. 1020 is to clarify this issue.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 1 of this bill.

ANALYSIS

Section 531.0055, Government Code, as amended by Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, expressly grants to the executive commissioner of the Health and Human Services Commission all rulemaking authority for the operation of and provision of services by the health and human services agencies. Similarly, Sections 1.16-1.29, Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, provide for the transfer of a power, duty, function, program, or activity from a health and human services agency abolished by that act to the corresponding legacy agency. To the extent practical, this bill analysis is written to reflect any transfer of rulemaking authority and to update references as necessary to an agency's authority with respect to a particular health and human services program.

C.S.H.B. 1020 amends the Alcoholic Beverage Code to specify that the alcohol awareness program that a court must require a minor to attend on the minor's placement on deferred disposition for certain alcohol-related offenses is a program that must be approved by the Department of State Health Services or a drug and alcohol driving awareness program approved by the Texas Education Agency.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 1020 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

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