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.