Bill Text: TX HB232 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to allowing certain minors convicted of certain alcohol offenses to perform community service instead of attending an alcohol awareness program.

Sponsorship: Bipartisan Bill

Status: (Passed) 2013-06-14 - Effective immediately [HB232 Detail]

Download: Texas-2013-HB232-Enrolled.html

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H.B. No. 232

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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 232 was passed by the House on April
11, 2013, by the following vote: Yeas 140, Nays 4, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 232 on May 24, 2013, by the following vote: Yeas 140, Nays 4, 3
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 232 was passed by the Senate, with
amendments, on May 22, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor