By: Guillen (Senate Sponsor - Zaffirini) H.B. No. 232
         (In the Senate - Received from the House April 15, 2013;
  April 17, 2013, read first time and referred to Committee on
  Criminal Justice; May 17, 2013, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 0;
  May 17, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 232 By:  Hinojosa
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to allowing certain minors convicted of certain alcohol
  offenses to perform community service instead of attending an
  alcohol awareness program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 106.115, Alcoholic Beverage Code, is
  amended by adding Subsections (b-1), (b-2), and (b-3) to read as
  follows:
         (b-1)  If the defendant resides in a county with a population
  of 75,000 or less and access to an alcohol awareness program is not
  readily available in the county, the court may allow the defendant
  to take an online alcohol awareness program if the Department of
  State Health Services approves online courses or require the
  defendant to perform not less than eight hours of community service
  related to alcohol abuse prevention or treatment and approved by
  the Department of State Health Services under Subsection (b-3)
  instead of attending the alcohol awareness program. Community
  service ordered under this subsection is in addition to community
  service ordered under Section 106.071(d).
         (b-2)  For purposes of Subsection (b-1), if the defendant is
  enrolled in an institution of higher education located in a county
  in which access to an alcohol awareness program is readily
  available, the court may consider the defendant to be a resident of
  that county.  If the defendant is not enrolled in such an
  institution of higher education or if the court does not consider
  the defendant to be a resident of the county in which the
  institution is located, the defendant's residence is the residence
  listed on the defendant's driver's license or personal
  identification certificate issued by the Department of Public
  Safety. If the defendant does not have a driver's license or
  personal identification certificate issued by the Department of
  Public Safety, the defendant's residence is the residence on the
  defendant's voter registration certificate. If the defendant is not
  registered to vote, the defendant's residence is the residence on
  file with the public school district on which the defendant's
  enrollment is based. If the defendant is not enrolled in public
  school, the defendant's residence is determined as provided by
  commission rule.
         (b-3)  The Department of State Health Services shall create a
  list of community services related to alcohol abuse prevention or
  treatment in each county in the state to which a judge may sentence
  a defendant under Subsection (b-1).
         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.
 
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