(a) This article applies only to a defendant who is a resident of this state and who is charged with:
(1) a traffic offense; or
(2) an offense under § 106.05, Alcoholic Beverage Code.
(b) If under Article 45A.303(b)(10) the judge requires a defendant described by Subsection (a) to perform community service as a condition of the deferral, the defendant is entitled to elect whether to perform the required service in the county in which:
(1) the court is located; or
(2) the defendant resides, but only if the applicable entity agrees to:
(A) supervise, either on-site or remotely, the defendant in the performance of the defendant’s community service; and
(B) report to the court on the defendant’s community service.

(c) If a defendant described by Subsection (a)(2) elects to perform the required community service in the county in which the defendant resides under Subsection (b)(2), the community service must comply with Sections 106.071(d) and (e), Alcoholic Beverage Code, except that if the educational programs or services described by Section 106.071(e) are not available in the county of the defendant’s residence, the court may order community service that the court considers appropriate for rehabilitative purposes.

Text of article effective on January 01, 2025