73R7194 CAG-D
By Delisi H.B. No. 480
Substitute the following for H.B. No. 480:
By Kubiak C.S.H.B. No. 480
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for the purchase, possession, or
1-3 consumption of alcoholic beverages by a minor.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 106.115, Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 Sec. 106.115. ATTENDANCE AT ALCOHOL AWARENESS COURSE;
1-8 LICENSE SUSPENSION. (a) On <the first> conviction of a minor of
1-9 an offense under Section 106.02, 106.04, or 106.05 of this code,
1-10 the court, in addition to <instead of> assessing a fine as provided
1-11 by those sections, shall <may> require the defendant to attend an
1-12 alcohol awareness course approved by the Texas Commission on
1-13 Alcohol and Drug Abuse <or a similar alcohol awareness course
1-14 approved by the court>. If the defendant is younger than 18 years
1-15 of age, the parent or guardian of the defendant may attend the
1-16 course with the defendant. <The court shall require the defendant
1-17 to present evidence to the court, in the manner prescribed by the
1-18 court, of satisfactory participation in and completion of the
1-19 course.>
1-20 (b) <If the conviction under Section 106.02, 106.04, or
1-21 106.05 of this code is for a second or subsequent offense, the
1-22 court shall require the defendant to participate in an alcohol
1-23 awareness course in addition to paying the fine assessed under that
1-24 section. If the defendant is younger than 18 years of age, the
2-1 parent or guardian of the defendant may attend the course with the
2-2 defendant.>
2-3 <(c)> If the defendant resides in a rural or other area in
2-4 which access to an alcohol awareness course is not readily
2-5 available, the court may require the defendant to perform eight to
2-6 12 hours of community service instead of participating in an
2-7 alcohol awareness course.
2-8 (c) <(d)> When requested, an alcohol awareness course may be
2-9 taught in languages other than English.
2-10 (d) The court shall require the defendant to present to the
2-11 court, within 90 days of the date of final conviction, evidence in
2-12 the form prescribed by the court that the defendant, as ordered by
2-13 the court, has satisfactorily completed an alcohol awareness course
2-14 or performed the required hours of community service.
2-15 (e) If the defendant does not present the required evidence
2-16 within the prescribed period, the court shall order the Department
2-17 of Public Safety to suspend the defendant's driver's license or
2-18 permit for a period not to exceed six months or, if the defendant
2-19 does not have a license or permit, to deny the issuance of a
2-20 license or permit to the defendant for that period.
2-21 SECTION 2. Section 24(h), Chapter 173, Acts of the 47th
2-22 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-23 Civil Statutes), is amended to read as follows:
2-24 (h) The Department shall suspend the license of a person on
2-25 receiving an order from a juvenile court under Section 54.042,
2-26 Family Code, or from a court under Section 106.115, Alcoholic
2-27 Beverage Code, to suspend that person's license. The period of the
3-1 suspension shall be for the period specified in the order.
3-2 SECTION 3. (a) The change in law made by this Act applies
3-3 only to an offense committed on or after the effective date of this
3-4 Act. For purposes of this section an offense is committed before
3-5 the effective date of this Act if any element of the offense occurs
3-6 before that date.
3-7 (b) An offense committed before the effective date of this
3-8 Act is covered by the law in effect when the offense was committed,
3-9 and the former law is continued in effect for that purpose.
3-10 SECTION 4. This Act takes effect September 1, 1993.
3-11 SECTION 5. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.