By Barrientos S.B. No. 834
74R6559 CAG-D
A BILL TO BE ENTITLED
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, or 106.07 <of this code>, the court,
1-11 in addition to assessing a fine as provided by those sections,
1-12 shall <may> require the defendant to attend an alcohol awareness
1-13 course approved by the juvenile board of the county and the Texas
1-14 Commission on Alcohol and Drug Abuse <or a similar alcohol
1-15 awareness course approved by the court>. If the defendant is
1-16 younger than 18 years of age, the parent or guardian of the
1-17 defendant may attend the course with the defendant. <The court
1-18 shall require the defendant to present evidence to the court, in
1-19 the manner prescribed by the court, of satisfactory participation
1-20 in and completion of the course.>
1-21 (b) <If the conviction under Section 106.02, 106.04, or
1-22 106.05 of this code is for a second or subsequent offense, the
1-23 court shall require the defendant to participate in an alcohol
1-24 awareness course in addition to paying the fine assessed under that
2-1 section. If the defendant is younger than 18 years of age, the
2-2 parent or guardian of the defendant may attend the course with the
2-3 defendant.>
2-4 <(c)> If the defendant resides in a rural or other area in
2-5 which access to an alcohol awareness course is not readily
2-6 available, the court may require the defendant to perform eight to
2-7 12 hours of community service instead of participating in an
2-8 alcohol awareness course.
2-9 (c) <(d)> When requested, an alcohol awareness course may be
2-10 taught in languages other than English.
2-11 (d) The <(e) If the court orders a defendant to attend an
2-12 alcohol awareness course or to perform community service, the>
2-13 court shall require the defendant to present to the court, within
2-14 90 days of the date of final conviction, evidence in the form
2-15 prescribed by the court that the defendant, as ordered by the
2-16 court, has satisfactorily completed an alcohol awareness course or
2-17 performed the required hours of community service.
2-18 (e) The court shall assess the cost of the alcohol awareness
2-19 course against the defendant or the parents or guardian of the
2-20 defendant. The court may waive the assessment if the court finds
2-21 that the defendant or the parents or guardian of the defendant
2-22 cannot pay the cost of the course. If the assessment is waived,
2-23 the municipality or county initiating the suit against the
2-24 defendant shall pay the cost of the course.
2-25 SECTION 2. (a) The change in law made by this Act applies
2-26 only to an offense committed on or after the effective date of this
2-27 Act. For purposes of this section an offense is committed before
3-1 the effective date of this Act if any element of the offense occurs
3-2 before that date.
3-3 (b) An offense committed before the effective date of this
3-4 Act is covered by the law in effect when the offense was committed,
3-5 and the former law is continued in effect for that purpose.
3-6 SECTION 3. This Act takes effect September 1, 1995.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.