By: Reynolds (Senate Sponsor - Huffman) H.B. No. 1020
         (In the Senate - Received from the House May 6, 2013;
  May 7, 2013, read first time and referred to Committee on Criminal
  Justice; May 15, 2013, reported favorably by the following vote:  
  Yeas 6, Nays 0; May 15, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the certification of alcohol awareness programs
  required for minors convicted of or receiving deferred disposition
  for certain alcohol offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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.
 
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