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.