| |
| |
|
|
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]. 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 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 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: |
|
|
(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, 2015. |