H.B. No. 1375
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) Except as provided by Subsection (b), on
1-9 <On the first> conviction of a minor of an offense under Section
1-10 106.02, 106.04, or 106.05 <of this code>, the court, in addition to
1-11 assessing a fine as provided by those sections, shall <may> require
1-12 the defendant to attend an alcohol awareness course approved by the
1-13 Texas Commission on Alcohol and Drug Abuse <or a similar alcohol
1-14 awareness course approved by the court>. If the defendant is
1-15 younger than 18 years of age, the court may require the parent or
1-16 guardian of the defendant to <may> attend the course with the
1-17 defendant. <The court shall require the defendant to present
1-18 evidence to the court, in the manner prescribed by the court, of
1-19 satisfactory participation in and completion of the course.>
1-20 (b) <If the conviction under Section 106.02, 106.04, or
1-21 106.05 of this code is for a second or subsequent offense, the
1-22 court shall require the defendant to participate in an alcohol
1-23 awareness course in addition to paying the fine assessed under that
1-24 section. If the defendant is younger than 18 years of age, the
2-1 parent or guardian of the defendant may attend the course with the
2-2 defendant.>
2-3 <(c)> If the defendant resides in a rural or other area in
2-4 which access to an alcohol awareness course is not readily
2-5 available, the court shall <may> require the defendant to perform
2-6 eight to 12 hours of community service instead of participating in
2-7 an alcohol awareness course.
2-8 (c) <(d)> When requested, an alcohol awareness course may be
2-9 taught in languages other than English.
2-10 (d) The <(e) If the court orders a defendant to attend an
2-11 alcohol awareness course or to perform community service, the>
2-12 court shall require the defendant to present to the court, within
2-13 90 days of the date of final conviction, evidence in the form
2-14 prescribed by the court that the defendant, as ordered by the
2-15 court, has satisfactorily completed an alcohol awareness course or
2-16 performed the required hours of community service. If the
2-17 defendant presents the required evidence within the prescribed
2-18 period, the court may reduce the assessed fine to an amount equal
2-19 to no less than one-half of the amount of the initial fine.
2-20 (e) If the defendant does not present the required evidence
2-21 within the prescribed period, the court shall order the Department
2-22 of Public Safety to suspend the defendant's driver's license or
2-23 permit for a period not to exceed six months or, if the defendant
2-24 does not have a license or permit, to deny the issuance of a
2-25 license or permit to the defendant for that period.
2-26 (f) The Department of Public Safety shall send notice of the
2-27 suspension or prohibition order issued under Subsection (e) by
3-1 certified mail, return receipt requested, to the defendant. The
3-2 notice must include the date of the suspension or prohibition
3-3 order, the reason for the suspension or prohibition, and the period
3-4 covered by the suspension or prohibition.
3-5 SECTION 2. Section 24(h), Chapter 173, Acts of the 47th
3-6 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
3-7 Civil Statutes), is amended to read as follows:
3-8 (h) The Department shall suspend the license of a person on
3-9 receiving an order from a juvenile court under Section 54.042,
3-10 Family Code, or from a court under Section 106.115, Alcoholic
3-11 Beverage Code, to suspend that person's license. The period of the
3-12 suspension shall be for the period specified in the order.
3-13 SECTION 3. (a) The change in law made by this Act applies
3-14 only to an offense committed on or after the effective date of this
3-15 Act. For purposes of this section an offense is committed before
3-16 the effective date of this Act if any element of the offense occurs
3-17 before that date.
3-18 (b) An offense committed before the effective date of this
3-19 Act is covered by the law in effect when the offense was committed,
3-20 and the former law is continued in effect for that purpose.
3-21 SECTION 4. This Act takes effect September 1, 1995.
3-22 SECTION 5. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.