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.