By: Delisi H.B. No. 480
73R2437 MI-D
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 an
1-9 offense under Section 106.02, 106.04, or 106.05 of this code, the
1-10 court, in addition to <instead of> assessing a fine as provided by
1-11 those sections, may require the defendant to attend an alcohol
1-12 awareness course approved by the Texas Commission on Alcohol and
1-13 Drug Abuse <or a similar alcohol awareness course approved by the
1-14 court>. If the defendant is younger than 18 years of age, the
1-15 parent or guardian of the defendant may attend the course with the
1-16 defendant. The court shall require the defendant to present
1-17 evidence to the court, in the manner prescribed by the court, of
1-18 satisfactory participation in and completion of the course.
1-19 (b) If the conviction under Section 106.02, 106.04, or
1-20 106.05 of this code is for a second or subsequent offense, the
1-21 court shall require the defendant to participate in an alcohol
1-22 awareness course in addition to paying the fine assessed under that
1-23 section. If the defendant is younger than 18 years of age, the
1-24 parent or guardian of the defendant may attend the course with the
2-1 defendant.
2-2 (c) If the defendant resides in a rural or other area in
2-3 which access to an alcohol awareness course is not readily
2-4 available, the court may require the defendant to perform eight to
2-5 12 hours of community service instead of participating in an
2-6 alcohol awareness course.
2-7 (d) When requested, an alcohol awareness course may be
2-8 taught in languages other than English.
2-9 (e) If the court orders a defendant to attend an alcohol
2-10 awareness course or to perform community service, the court shall
2-11 require the defendant to present to the court, within 90 days of
2-12 the date of final conviction, evidence in the form prescribed by
2-13 the court that the defendant, as ordered by the court, has
2-14 satisfactorily completed an alcohol awareness course or performed
2-15 the required hours of community service.
2-16 (f) If the defendant does not present the required evidence
2-17 within the prescribed period, the court shall order the Department
2-18 of Public Safety to suspend the defendant's driver's license or
2-19 permit for a period not to exceed six months or, if the defendant
2-20 does not have a license or permit, to deny the issuance of a
2-21 license or permit to the defendant for that period.
2-22 SECTION 2. Section 24(h), Chapter 173, Acts of the 47th
2-23 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-24 Civil Statutes), is amended to read as follows:
2-25 (h) The Department shall suspend the license of a person on
2-26 receiving an order from a juvenile court under Section 54.042,
2-27 Family Code, or from a court under Section 106.115, Alcoholic
3-1 Beverage Code, to suspend that person's license. The period of the
3-2 suspension shall be for the period specified in the order.
3-3 SECTION 3. (a) The change in law made by this Act applies
3-4 only to an offense committed on or after the effective date of this
3-5 Act. For purposes of this section an offense is committed before
3-6 the effective date of this Act if any element of the offense occurs
3-7 before that date.
3-8 (b) An offense committed before the effective date of this
3-9 Act is covered by the law in effect when the offense was committed,
3-10 and the former law is continued in effect for that purpose.
3-11 SECTION 4. This Act takes effect September 1, 1993.
3-12 SECTION 5. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.