BILL ANALYSIS


                                                        H.B. 1375
                                          By: Delisi (Harris, C.)
                                                    State Affairs
                                                          5-22-95
                              Senate Committee Report (Unamended)
BACKGROUND

Courts are currently authorized, but not required, to require a
minor convicted of possession of alcohol to attend an alcohol
awareness course.

PURPOSE

As proposed, H.B. 1375 increases existing penalties for minors
convicted of possession of alcohol, including requiring the court
to require a defendant to attend an alcohol awareness course and to
suspend the defendant's current driver's license or prohibit the
issuance of a driver's license for failure to attend the program.

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, Alcoholic Beverage Code, as
follows:

     Sec. 106.115.  ATTENDANCE AT ALCOHOL AWARENESS COURSE; LICENSE
     SUSPENSION.  (a) Requires, rather than authorizes, the court
     on conviction of a minor of an offense under Section 106.02,
     106.04, or 106.05, to require the defendant to attend an
     alcohol awareness course approved by the Texas Commission on
     Alcohol and Drug Abuse.  Authorizes the court to require the
     parent or guardian of the defendant to attend the course with
     the defendant, rather than authorizing the parent to attend. 
     Makes conforming changes.
     
     (b) Deletes existing Subsection (b).  Redesignates existing
       Subsection (c).  Requires, rather than authorizes, the court
       to require the defendant to perform eight to 12 hours of
       community service instead of participating in a course if
       the defendant resides in an area in which access to a course
       is not available.
       
       (c) Redesignates existing Subsection (d).
       
       (d) Authorizes the court to reduce the assessed fine to an
       amount equal to no less than one-half the initial fine if
       the defendant presents evidence of having completed the
       course.
       
       (e) Requires the court to order the Department of Public
       Safety (department) to suspend the defendant's driver's
       license or permit for up to six months or to deny the
       issuance of a license or permit for that period if the
       defendant does not present the required evidence within the
       prescribed period.
       
       (f) Requires the department to send notice of the suspension
       or prohibition to the defendant, and sets forth the required
       content and format for the notice.
SECTION 2. Amends Section 24(h), Article 6687b, V.T.C.S., to make
a conforming change.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 1995.

SECTION 5. Emergency clause.