BILL ANALYSIS H.B. 1375 By: Delisi 4-19-95 Committee Report (Unamended) BACKGROUND House Bill 1375 amends Section 106.115 of the Alcoholic Beverage Code to allow the courts to assess fines in addition to requiring an alcohol awareness course approved by the Texas Commission on Alcohol and Drug Abuse. This legislation gives judges the discretion to require a parent or guardian to attend the alcohol awareness course with the minor. If the minor fails to prove completion of the course, then the bill allows for the minor's driver's license to be suspended for not more than six months. The function of the alcohol awareness course is to educate young people on the use and abuse of alcohol and to identify potential problem drinkers at an early age. PURPOSE HB 1375 would allow the courts to require a minor charged with possession of alcohol to attend an alcohol awareness course. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 106.115 of the Alcoholic Beverage Code: Sec. 106.115. ATTENDANCE AT ALCOHOL AWARENESS COURSE; LICENSE SUSPENSION. (a) The courts may, in addition to assessing a fine for a "Minor in Possession" charge, require the minor to attend an alcohol awareness course approved by the Texas Commission on Alcohol and Drug Abuse. This section also allows the court to require the parent or guardian to attend the course with the minor. (b) Allows minors living in rural areas to perform 8-12 hours of community service if they are unable to attend the course. (c) Requested courses may be taught in other languages. (d) Requires the minor to prove to the court within 90 days of the final conviction that the defendant has satisfactorily completed the course or community service. If the defendant completed the course in the prescribed amount of time, then the fine may be reduced by as much as one-half. (e) Requires that if the defendant does not complete the course within the prescribed amount of time, then the court shall order the suspension of the minor's driver's license, or deny the issuance of a license if the minor is under the age of sixteen, for up to six months. (f) Directs the DPS to send notice of the suspension or prohibition to the defendant by certified mail. SECTION 2. Amends Section 24(h), chapter 173, acts of the 47th Legislature, Regular Session, 1942 (Article 6687b, Vernon's Civil Statutes). (h) Requires the Department of Public Safety to suspend the driver's license of a minor upon receiving an order from the juvenile court under Section 106.115. Alcoholic Beverage Code. SECTION 3. The law applies only to the offenses committed on or after the effective date of this Act. SECTION 4. Effective date: September 1, 1995. SECTION 5. Emergency clause. SUMMARY OF COMMITTEE ACTION HB 1375 was heard in a Public Hearing on April 19, 1995. The Chair recognized the following person to testify in favor of the bill: Michael L. O, Neal, Presiding Judge, City of Dallas Municipal Ct., Tx. Mun. Courts Assn.; Rep. Jones moved that the full committee adopt HB 1375, and that it be reported favorably to the full House with the recommendation that it do pass and be printed, and placed on the Local and Consent Calendar. The motion prevailed by the following vote: AYES: 9, NAYS: 0, ABSENT: 0.