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.