Bill Text: TX HB232 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to allowing certain minors convicted of certain alcohol offenses to perform community service instead of attending an alcohol awareness program.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective immediately [HB232 Detail]
Download: Texas-2013-HB232-Enrolled.html
H.B. No. 232 |
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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 |