By:  West, et al.                                    S.B. No. 35

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to operating a vehicle while intoxicated or under the

 1-2     influence of alcohol by a minor and other actions of a minor

 1-3     concerning the acquisition, possession, and use of alcohol;

 1-4     providing penalties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 106.02, Alcoholic Beverage Code, is

 1-7     amended to read as follows:

 1-8           Sec. 106.02.  PURCHASE OF ALCOHOL BY A MINOR.  (a)  A minor

 1-9     commits an offense if he purchases an alcoholic beverage.

1-10           (b)  An offense under this section is punishable as provided

1-11     by Section 106.071 [Except as provided in Subsection (c) of this

1-12     section, a violation of this section is a misdemeanor punishable by

1-13     a fine of not less than $25 nor more than $200.]

1-14           [(c)  If a person has been previously convicted of a

1-15     violation of this section, or of Section 106.04 or 106.05 of this

1-16     code, a violation is a misdemeanor punishable by a fine of not less

1-17     than $250 nor more than $1,000].

1-18           SECTION 2.  Section 106.025, Alcoholic Beverage Code, is

1-19     amended to read as follows:

1-20           Sec. 106.025.  ATTEMPT TO PURCHASE ALCOHOL BY A MINOR.

1-21     (a)  A minor commits an offense if, with specific intent to commit

1-22     an offense under Section 106.02 of this code, the minor does an act

1-23     amounting to more than mere preparation that tends but fails to

 2-1     effect the commission of the offense intended.

 2-2           (b)  An offense under this section is punishable as provided

 2-3     by Section 106.071 [Except as provided by Subsection (c) of this

 2-4     section, a violation of this section is a misdemeanor punishable by

 2-5     a fine of not less than $25 nor more than $200.]

 2-6           [(c)  If a person has previously been convicted of a

 2-7     violation of this section, a violation is a misdemeanor punishable

 2-8     by a fine of not less than $250 nor more than $1,000].

 2-9           SECTION 3.  Section 106.03, Alcoholic Beverage Code, is

2-10     amended to read as follows:

2-11           Sec. 106.03.  SALE TO MINORS.  (a)  A person commits an

2-12     offense if with criminal negligence he sells an alcoholic beverage

2-13     to a minor.

2-14           (b)  A person who sells a minor an alcoholic beverage does

2-15     not commit an offense if the minor falsely represents himself to be

2-16     21 years old or older by displaying an apparently valid Texas

2-17     driver's license or an identification card issued by the Texas

2-18     Department of Public Safety, containing a physical description

2-19     consistent with his appearance for the purpose of inducing the

2-20     person to sell him an alcoholic beverage.

2-21           (c)  An offense under this section is a Class A misdemeanor

2-22     [Except as provided in Subsection (d) of this section, a violation

2-23     of this section is a misdemeanor punishable by a fine of not less

2-24     than $100 nor more than $500, by confinement in jail for not more

2-25     than one year, or by both.]

 3-1           [(d)  If a person has been previously convicted of a

 3-2     violation of this section or Section 101.63 of this code, a

 3-3     violation is a misdemeanor punishable by a fine of not less than

 3-4     $500 nor more than $1,000, by confinement in jail for not more than

 3-5     one year, or by both].

 3-6           SECTION 4.  Section 106.04, Alcoholic Beverage Code, is

 3-7     amended to read as follows:

 3-8           Sec. 106.04.  CONSUMPTION OF ALCOHOL BY A MINOR.  (a)  A

 3-9     [Except as provided in Subsection (b) of this section, a] minor

3-10     commits an offense if he consumes an alcoholic beverage.

3-11           (b)  It is an affirmative defense to prosecution under this

3-12     section that the alcoholic beverage was consumed [A minor may

3-13     consume an alcoholic beverage if he is] in the visible presence of

3-14     the minor's [an] adult parent, guardian, or spouse.

3-15           (c)  An offense under this section is punishable as provided

3-16     by Section 106.071.

3-17           (d)  A minor who commits an offense under this section and

3-18     who has been previously convicted twice or more of offenses under

3-19     this section is not eligible for deferred adjudication.  For the

3-20     purposes of this subsection an adjudication under Title 3, Family

3-21     Code, that the minor engaged in conduct described by this section

3-22     is considered a conviction of an offense under this section [Except

3-23     as provided in Subsection (d) of this section, a violation of this

3-24     section is a misdemeanor punishable by a fine of not less than $25

3-25     nor more than $200.]

 4-1           [(d)  If a person has been previously convicted of a

 4-2     violation of this section, or of Section 106.02 or 106.05 of this

 4-3     code, a violation is a misdemeanor punishable by a fine of not less

 4-4     than $500 nor more than $1,000].

 4-5           SECTION 5.  Chapter 106, Alcoholic Beverage Code, is amended

 4-6     by adding Section 106.041 to read as follows:

 4-7           Sec. 106.041.  DRIVING UNDER THE INFLUENCE OF ALCOHOL BY

 4-8     MINOR.  (a)  A minor commits an offense if the minor operates a

 4-9     motor vehicle in a public place while having any detectable amount

4-10     of alcohol in the minor's system.

4-11           (b)  Except as provided by Subsection (c), an offense under

4-12     this section is a Class C misdemeanor.

4-13           (c)  If it is shown at the trial of the defendant that the

4-14     defendant is a minor who is not a child and who has been previously

4-15     convicted at least twice of an offense under this section, the

4-16     offense is punishable by:

4-17                 (1)  a fine of not less than $500 or more than $2,000;

4-18                 (2)  confinement in jail for a term not to exceed 180

4-19     days; or

4-20                 (3)  both the fine and confinement.

4-21           (d)  In addition to any fine and any order issued under

4-22     Section 106.115, the court shall order a minor convicted of an

4-23     offense under this section to perform community service for:

4-24                 (1)  not less than 20 or more than 40 hours, if the

4-25     minor has not been previously convicted of an offense under this

 5-1     section; or

 5-2                 (2)  not less than 40 or more than 60 hours, if the

 5-3     minor has been previously convicted of an offense under this

 5-4     section.

 5-5           (e)  Community service ordered under this section must be

 5-6     related to education about or prevention of misuse of alcohol.

 5-7           (f)  A minor who commits an offense under this section and

 5-8     who has been previously convicted twice or more of offenses under

 5-9     this section is not eligible for deferred adjudication.

5-10           (g)  An offense under this section is not a lesser included

5-11     offense under Section 49.04, Penal Code.

5-12           (h)  For the purpose of determining whether a minor has been

5-13     previously convicted of an offense under this section, an

5-14     adjudication under Title 3, Family Code, that the minor engaged in

5-15     conduct described by this section is considered a conviction under

5-16     this section.

5-17           (i)  A peace officer who is charging a minor with committing

5-18     an offense under this section is not required to take the minor

5-19     into custody but may issue a citation to the minor that contains

5-20     written notice of the time and place the minor must appear before a

5-21     magistrate, the name and address of the minor charged, and the

5-22     offense charged.

5-23           (j)  In this section:

5-24                 (1)  "Child" has the meaning assigned by Section 51.02,

5-25     Family Code.

 6-1                 (2)  "Motor vehicle" has the meaning assigned by

 6-2     Section 32.34(a), Penal Code.

 6-3                 (3)  "Public place" has the meaning assigned by Section

 6-4     1.07, Penal Code.

 6-5           SECTION 6.  Section 106.05, Alcoholic Beverage Code, is

 6-6     amended to read as follows:

 6-7           Sec. 106.05.  Possession of Alcohol by a Minor.  (a)  Except

 6-8     as provided in Subsection (b) of this section, a minor commits an

 6-9     offense if he possesses an alcoholic beverage.

6-10           (b)  A minor may possess an alcoholic beverage:

6-11                 (1)  while in the course and scope of his employment if

6-12     he is an employee of a licensee or permittee and the employment is

6-13     not prohibited by this code; or

6-14                 (2)  if he is in the visible presence of his [an] adult

6-15     parent, guardian, or spouse, or other adult to whom he has been

6-16     committed by a court.

6-17           (c)  An offense under this section is punishable as provided

6-18     by Section 106.071 [Except as provided in Subsection (d) of this

6-19     section, a violation of this section is a misdemeanor punishable by

6-20     a fine of not less than $25 nor more than $200.]

6-21           [(d)  If a person has been previously convicted of a

6-22     violation of this section, or of Section 106.02 or 106.04 of this

6-23     code, a violation is a misdemeanor punishable by a fine of not less

6-24     than $500 nor more than $1,000].

6-25           SECTION 7.  Subsection (c), Section 106.06, Alcoholic

 7-1     Beverage Code, is amended to read as follows:

 7-2           (c)  An offense under this section is a Class B misdemeanor

 7-3     [A violation of this section is a misdemeanor punishable by a fine

 7-4     of not less than $100 nor more than $500].

 7-5           SECTION 8.  Section 106.07, Alcoholic Beverage Code, is

 7-6     amended to read as follows:

 7-7           Sec. 106.07.  MISREPRESENTATION OF AGE BY A MINOR.  (a)  A

 7-8     minor commits an offense if he falsely states that he is 21 years

 7-9     of age or older or presents any document that indicates he is 21

7-10     years of age or older to a person engaged in selling or serving

7-11     alcoholic beverages.

7-12           (b)  An offense under this section is punishable as provided

7-13     by Section 106.071 [Except as provided in Subsection (c) of this

7-14     section, a violation of this section is a misdemeanor punishable by

7-15     a fine of not less than $25 nor more than $200.]

7-16           [(c)  If a person has been previously convicted of a

7-17     violation of this section, a violation is a misdemeanor punishable

7-18     by a fine of not less than $100 nor more than $500].

7-19           SECTION 9.  Chapter 106, Alcoholic Beverage Code, is amended

7-20     by adding Section 106.071 to read as follows:

7-21           Sec. 106.071.  PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY

7-22     MINOR.  (a) This section applies to an offense under Section

7-23     106.02, 106.025, 106.04, 106.05, or 106.07.

7-24           (b)  Except as provided by Subsection (c), an offense  to

7-25     which this section applies is a Class C misdemeanor.

 8-1           (c)  If it is shown at the trial of the defendant that the

 8-2     defendant is a minor who is not a child and who has been previously

 8-3     convicted at least twice of an offense to which this section

 8-4     applies, the offense is punishable by:

 8-5                 (1)  a fine of not less than $250 or more than $2,000;

 8-6                 (2)  confinement in jail for a term not to exceed 180

 8-7     days; or

 8-8                 (3)  both the fine and confinement.

 8-9           (d)  In addition to any fine and any order issued under

8-10     Section 106.115:

8-11                 (1)  the court shall order a minor convicted of an

8-12     offense to which this section applies to perform community service

8-13     for:

8-14                       (A)  not less than eight or more than 12 hours,

8-15     if the minor has not been previously convicted of an offense to

8-16     which this section applies; or

8-17                       (B)  not less than 20 or more than 40 hours, if

8-18     the minor has been previously convicted once of an offense to which

8-19     this section applies; and

8-20                 (2)  the court shall order the Department of Public

8-21     Safety to suspend the minor's driver's license or permit or, if the

8-22     minor does not have a driver's license or permit, to deny the

8-23     issuance of a driver's license or permit for:

8-24                       (A)  30 days, if the minor has not been

8-25     previously convicted of an offense to which this section applies;

 9-1                       (B)  60 days, if the minor has been previously

 9-2     convicted once of an offense to which this section applies; or

 9-3                       (C)  180 days, if the minor has been previously

 9-4     convicted twice or more of an offense to which this section

 9-5     applies.

 9-6           (e)  Community service ordered under this section must be

 9-7     related to education about or prevention of misuse of alcohol.

 9-8           (f)  For the purpose of determining whether a minor has been

 9-9     previously convicted of an offense to which this section applies,

9-10     an adjudication under Title 3, Family Code, that the minor engaged

9-11     in conduct described by this section is considered a conviction

9-12     under this section.

9-13           (g)  In this section, "child" has the meaning assigned by

9-14     Section 51.02, Family Code.

9-15           SECTION 10.  Section 106.115, Alcoholic Beverage Code, is

9-16     amended to read as follows:

9-17           Sec. 106.115.  ATTENDANCE AT ALCOHOL AWARENESS COURSE;

9-18     LICENSE SUSPENSION.  (a)  On [Except as provided by Subsection (b),

9-19     on] conviction of a minor of an offense under Section 106.02,

9-20     106.025, 106.04, 106.041, [or] 106.05, or 106.07, the court, in

9-21     addition to assessing a fine as provided by those sections, shall

9-22     require a [the] defendant who has not been previously convicted of

9-23     an offense under one of those sections to attend an alcohol

9-24     awareness course approved by the Texas Commission on Alcohol and

9-25     Drug Abuse.  If the defendant has been previously convicted once or

 10-1    more of an offense under one or more of those sections, the court

 10-2    may require the defendant to attend the alcohol awareness course.

 10-3    If the defendant is younger than 18 years of age, the court may

 10-4    require the parent or guardian of the defendant to attend the

 10-5    course with the defendant.

 10-6          (b)  [If the defendant resides in a rural or other area in

 10-7    which access to an alcohol awareness course is not readily

 10-8    available, the court shall require the defendant to perform eight

 10-9    to 12 hours of community service instead of participating in an

10-10    alcohol awareness course.]

10-11          [(c)]  When requested, an alcohol awareness course may be

10-12    taught in languages other than English.

10-13          (c) [(d)]  The court shall require the defendant to present

10-14    to the court, within 90 days of the date of final conviction,

10-15    evidence in the form prescribed by the court that the defendant, as

10-16    ordered by the court, has satisfactorily completed an alcohol

10-17    awareness course or performed the required hours of community

10-18    service.  For good cause the court may extend this period by not

10-19    more than 90 days.  If the defendant presents the required evidence

10-20    within the prescribed period, the court may reduce the assessed

10-21    fine to an amount equal to no less than one-half of the amount of

10-22    the initial fine.

10-23          (d) [(e)]  If the defendant does not present the required

10-24    evidence within the prescribed period, the court shall order the

10-25    Department of Public Safety to suspend the defendant's driver's

 11-1    license or permit for a period not to exceed six months or, if the

 11-2    defendant does not have a license or permit, to deny the issuance

 11-3    of a license or permit to the defendant for that period.

 11-4          (e) [(f)]  The Department of Public Safety shall send notice

 11-5    of the suspension or prohibition order issued under Subsection (d)

 11-6    [(e)] by certified mail, return receipt requested, to the

 11-7    defendant.  The notice must include the date of the suspension or

 11-8    prohibition order, the reason for the suspension or prohibition,

 11-9    and the period covered by the suspension or prohibition.

11-10          SECTION 11.  Chapter 106, Alcoholic Beverage Code, is amended

11-11    by adding Sections 106.116 and 106.117 to read as follows:

11-12          Sec. 106.116.  REPORTS OF COURT TO COMMISSION.  Unless the

11-13    clerk is otherwise required to include the information in a report

11-14    submitted under Section 101.09, the clerk of a court, including a

11-15    justice court, municipal court, or juvenile court, shall furnish to

11-16    the commission on request a notice of a conviction of an offense

11-17    under this chapter or an adjudication under Title 3, Family Code,

11-18    for conduct that constitutes an offense under this chapter.  The

11-19    report must be in the form prescribed by the commission.

11-20          Sec. 106.117.  REPORT OF COURT TO DEPARTMENT OF PUBLIC

11-21    SAFETY.  (a)  Each court, including a justice court, municipal

11-22    court, or juvenile court, shall furnish to the Department of Public

11-23    Safety a notice of each:

11-24                (1)  adjudication under Title 3, Family Code, for

11-25    conduct that constitutes an offense under this chapter;

 12-1                (2)  conviction of an offense under this chapter; and

 12-2                (3)  acquittal of an offense under Section 106.041.

 12-3          (b)  The notice must be in a form prescribed by the

 12-4    department and must contain the driver's license number of the

 12-5    defendant, if the defendant holds a driver's license.

 12-6          (c)  The Department of Public Safety shall maintain

 12-7    appropriate records of information in the notices and shall provide

 12-8    the information to law enforcement agencies and courts as necessary

 12-9    to enable those agencies and courts to carry out their official

12-10    duties.  The information is admissible in any action in which it is

12-11    relevant.  A person who holds a driver's license having the same

12-12    number that is contained in a record maintained under this section

12-13    is presumed to be the person to whom the record relates.  The

12-14    presumption may be rebutted only by evidence presented under oath.

12-15          (d)  The information maintained under this section is

12-16    confidential and may not be disclosed except as provided by this

12-17    section.  A provision of Chapter 58, Family Code, or other law

12-18    limiting collection or reporting of information on a juvenile or

12-19    other minor or requiring destruction of that information does not

12-20    apply to information reported and maintained under this section.

12-21          SECTION 12.  Subdivision (15), Section 51.02, Family Code, is

12-22    amended to read as follows:

12-23                (15)  "Status offender" means a child who is accused,

12-24    adjudicated, or convicted for conduct that would not, under state

12-25    law, be a crime if committed by an adult, including:

 13-1                      (A)  truancy under Section 51.03(b)(2);

 13-2                      (B)  running away from home under Section

 13-3    51.03(b)(3);

 13-4                      (C)  a fineable only offense under Section

 13-5    51.03(b)(1) transferred to the juvenile court under Section

 13-6    51.08(b), but only if the conduct constituting the offense would

 13-7    not have been criminal if engaged in by an adult;

 13-8                      (D)  failure to attend school under Section

 13-9    4.251, Education Code;

13-10                      (E)  a violation of standards of student conduct

13-11    as described by Section 51.03(b)(5) [51.03(b)(6)];

13-12                      (F)  a violation of a juvenile curfew ordinance

13-13    or order;

13-14                      (G)  a violation of a provision of the Alcoholic

13-15    Beverage Code applicable to minors only; or

13-16                      (H)  a violation of any other fineable only

13-17    offense under Section 8.07(a)(4) or (5), Penal Code, but only if

13-18    the conduct constituting the offense would not have been criminal

13-19    if engaged in by an adult.

13-20          SECTION 13.  Subsections (a) and (b), Section 51.03, Family

13-21    Code, are amended to read as follows:

13-22          (a)  Delinquent conduct is:

13-23                (1)  conduct, other than a traffic offense, that

13-24    violates a penal law of this state or of the United States

13-25    punishable by imprisonment or by confinement in jail;

 14-1                (2)  conduct that violates a reasonable and lawful

 14-2    order of a juvenile court entered under Section 54.04 or 54.05 of

 14-3    this code, except an order prohibiting the following conduct:

 14-4                      (A)  a violation of the penal laws of this state

 14-5    of the grade of misdemeanor that is punishable by fine only or a

 14-6    violation of the penal ordinances of any political subdivision of

 14-7    this state;

 14-8                      (B)  the unexcused voluntary absence of a child

 14-9    from school; or

14-10                      (C)  the voluntary absence of a child from his

14-11    home without the consent of his parent or guardian for a

14-12    substantial length of time or without intent to return;

14-13                (3)  conduct that violates a lawful order of a

14-14    municipal court or justice court under circumstances that would

14-15    constitute contempt of that court; [or]

14-16                (4)  conduct that violates Section 49.04, 49.05, 49.06,

14-17    49.07, or 49.08, Penal Code; or

14-18                (5)  conduct that violates Section 106.041, Alcoholic

14-19    Beverage Code, relating to driving under the influence of alcohol

14-20    by a minor [the laws of this state prohibiting driving while

14-21    intoxicated or under the influence of intoxicating liquor (third or

14-22    subsequent offense) or driving while under the influence of any

14-23    narcotic drug or of any other drug to the degree that renders the

14-24    child incapable of safely driving a vehicle] (third or subsequent

14-25    offense).

 15-1          (b)  Conduct indicating a need for supervision is:

 15-2                (1)  subject to Subsection (f) of this section,

 15-3    conduct, other than a traffic offense, that violates:

 15-4                      (A)  the penal laws of this state of the grade of

 15-5    misdemeanor that are punishable by fine only; or

 15-6                      (B)  the penal ordinances of any political

 15-7    subdivision of this state;

 15-8                (2)  the unexcused voluntary absence of a child on 10

 15-9    or more days or parts of days within a six-month period or three or

15-10    more days or parts of days within a four-week period from school

15-11    without the consent of his parents;

15-12                (3)  the voluntary absence of a child from his home

15-13    without the consent of his parent or guardian for a substantial

15-14    length of time or without intent to return;

15-15                (4)  [conduct which violates the laws of this state

15-16    prohibiting driving while intoxicated or under the influence of

15-17    intoxicating liquor (first or second offense) or driving while

15-18    under the influence of any narcotic drug or of any other drug to a

15-19    degree which renders him incapable of safely driving a vehicle

15-20    (first or second offense);]

15-21                [(5)]  conduct prohibited by city ordinance or by state

15-22    law involving the inhalation of the fumes or vapors of paint and

15-23    other protective coatings or glue and other adhesives and the

15-24    volatile chemicals itemized in Section 484.002, Health and Safety

15-25    Code;

 16-1                (5) [(6)]  an act that violates a school district's

 16-2    previously communicated written standards of student conduct for

 16-3    which the child has been expelled under Section 21.3011, Education

 16-4    Code; or

 16-5                (6) [(7)]  conduct that violates a reasonable and

 16-6    lawful order of a court entered under Section 264.305.

 16-7          SECTION 14.  Section 52.02, Family Code, is amended by

 16-8    amending Subsection (a) and adding Subsection (c) to read as

 16-9    follows:

16-10          (a)  Except as provided by Subsection (c), a [A] person

16-11    taking a child into custody, without unnecessary delay and without

16-12    first taking the child to any place other than a juvenile

16-13    processing office designated under Section 52.025 of this code,

16-14    shall do one of the following:

16-15                (1)  release the child to a parent, guardian, custodian

16-16    of the child, or other responsible adult upon that person's promise

16-17    to bring the child before the juvenile court as requested by the

16-18    court;

16-19                (2)  bring the child before the office or official

16-20    designated by the juvenile court if there is probable cause to

16-21    believe that the child engaged in delinquent conduct or conduct

16-22    indicating a need for supervision;

16-23                (3)  bring the child to a detention facility designated

16-24    by the juvenile court;

16-25                (4)  bring the child to a medical facility if the child

 17-1    is believed to suffer from a serious physical condition or illness

 17-2    that requires prompt treatment; or

 17-3                (5)  dispose of the case under Section 52.03 of this

 17-4    code.

 17-5          (c)  A person who takes a child into custody and who has

 17-6    reasonable grounds to believe that the child has been operating a

 17-7    motor vehicle in a public place while having any detectable amount

 17-8    of alcohol in the child's system may, before complying with

 17-9    Subsection (a):

17-10                (1)  take the child to a place to obtain a specimen of

17-11    the child's breath or blood as provided by Chapter 724,

17-12    Transportation Code; and

17-13                (2)  perform intoxilyzer processing and videotaping of

17-14    the child in an adult processing office of a police department.

17-15          SECTION 15.  Section 53.03, Family Code, is amended by

17-16    amending Subsection (a) and adding Subsection (g) to read as

17-17    follows:

17-18          (a)  Subject to Subsections [Subsection] (e) and (g), if the

17-19    preliminary investigation required by Section 53.01 of this code

17-20    results in a determination that further proceedings in the case are

17-21    authorized, the probation officer or other designated officer of

17-22    the court, subject to the direction of the juvenile court, may

17-23    advise the parties for a reasonable period of time not to exceed

17-24    six months concerning deferred prosecution and rehabilitation of a

17-25    child if:

 18-1                (1)  deferred prosecution would be in the interest of

 18-2    the public and the child;

 18-3                (2)  the child and his parent, guardian, or custodian

 18-4    consent with knowledge that consent is not obligatory; and

 18-5                (3)  the child and his parent, guardian, or custodian

 18-6    are informed that they may terminate the deferred prosecution at

 18-7    any point and petition the court for a court hearing in the case.

 18-8          (g)  Prosecution may not be deferred for a child alleged to

 18-9    have engaged in conduct that:

18-10                (1)  is an offense under Section 49.04, 49.05, 49.06,

18-11    49.07, or 49.08, Penal Code; or

18-12                (2)  is a third or subsequent offense under Section

18-13    106.04 or 106.041, Alcoholic Beverage Code.

18-14          SECTION 16.  Chapter 54, Family Code, is amended by adding

18-15    Section 54.046 to read as follows:

18-16          Sec. 54.046.  ALCOHOL-RELATED OFFENSE.  If the court or jury

18-17    finds at an adjudication hearing for a child that the child engaged

18-18    in conduct indicating a need for supervision or delinquent conduct

18-19    that violates the alcohol-related offenses in Section 106.02,

18-20    106.025, 106.04, 106.05, or 106.07, Alcoholic Beverage Code, the

18-21    court shall, subject to a finding under Section 54.04(c), order, in

18-22    addition to any other order authorized by this title, that, in the

18-23    manner provided by Section 106.071(d), Alcoholic Beverage Code:

18-24                (1)  the child perform community service; and

18-25                (2)  the child's driver's license or permit be

 19-1    suspended or that the child be denied issuance of a driver's

 19-2    license or permit.

 19-3          SECTION 17.  Chapter 59, Family Code, is amended by adding

 19-4    Section 59.0031 to read as follows:

 19-5          Sec. 59.0031.  SANCTION LEVEL ASSIGNMENT GUIDELINES FOR

 19-6    DRIVING WHILE INTOXICATED.  Subject to Section 59.003(e), the

 19-7    probation department may or the juvenile court may, in a

 19-8    disposition hearing under Section 54.04, assign a child, for

 19-9    conduct that is an offense under Section 49.04, 49.05, or 49.06,

19-10    Penal Code, the following sanction levels:

19-11                (1)  for the first offense, the sanction level is two;

19-12                (2)  for the second offense, the sanction level is

19-13    three; and

19-14                (3)  for the third offense, the sanction level is four.

19-15          SECTION 18.  Section 521.145, Transportation Code, is amended

19-16    to read as follows:

19-17          Sec. 521.145.  APPLICATION BY PERSON UNDER 18 YEARS OF AGE

19-18    [MINOR].  (a)  The application of an applicant under 18 years of

19-19    age must be signed by:

19-20                (1)  the parent or guardian who has custody of the

19-21    applicant; or

19-22                (2)  if the applicant has no parent or guardian:

19-23                      (A)  the applicant's employer; or

19-24                      (B)  the county judge of the county in which the

19-25    applicant resides.

 20-1          (b)  The department shall provide the applicant and the

 20-2    cosignor with information concerning state laws relating to driving

 20-3    while intoxicated, driving by a minor with alcohol in the minor's

 20-4    system, and implied consent.  The applicant and cosignor must

 20-5    acknowledge receipt of this information.

 20-6          SECTION 19.  Subsection (a), Section 521.342, Transportation

 20-7    Code, is amended to read as follows:

 20-8          (a)  The license of a person who was under 21 years of age at

 20-9    the time of the offense, other than an offense classified as a

20-10    misdemeanor punishable by fine only, is automatically suspended on

20-11    conviction of:

20-12                (1)  an offense under Section 49.04 or 49.07, Penal

20-13    Code, committed as a result of the introduction of alcohol into the

20-14    body;

20-15                (2)  an offense under the Alcoholic Beverage Code,

20-16    other than an offense to which Section 106.071 of that code

20-17    applies, involving the manufacture, delivery, possession,

20-18    transportation, or use of an alcoholic beverage;

20-19                (3)  a misdemeanor offense under Chapter 481, Health

20-20    and Safety Code, for which Subchapter P does not require the

20-21    automatic suspension of the license;

20-22                (4)  an offense under Chapter 483, Health and Safety

20-23    Code, involving the manufacture, delivery, possession,

20-24    transportation, or use of a dangerous drug; or

20-25                (5)  an offense under Chapter 484, Health and Safety

 21-1    Code, involving the manufacture, delivery, possession,

 21-2    transportation, or use of a volatile chemical.

 21-3          SECTION 20.  Section 524.001, Transportation Code, is amended

 21-4    to read as follows:

 21-5          Sec. 524.001.  DEFINITIONS.  In this chapter:

 21-6                (1)  "Adult" means an individual 21 years of age or

 21-7    older.

 21-8                (2)  "Alcohol concentration" has the meaning assigned

 21-9    by Section 49.01, Penal Code.

21-10                (3) [(2)]  "Alcohol-related or drug-related enforcement

21-11    contact" means a driver's license suspension, disqualification, or

21-12    prohibition order under the laws of this state or another state

21-13    resulting from:

21-14                      (A)  a conviction of an offense prohibiting the

21-15    operation of a motor vehicle while:

21-16                            (i)  intoxicated;

21-17                            (ii)  under the influence of alcohol; or

21-18                            (iii)  under the influence of a controlled

21-19    substance;

21-20                      (B)  a refusal to submit to the taking of a

21-21    breath or blood specimen following an arrest for an offense

21-22    prohibiting the operation of a motor vehicle while:

21-23                            (i)  intoxicated;

21-24                            (ii)  under the influence of alcohol; or

21-25                            (iii)  under the influence of a controlled

 22-1    substance; or

 22-2                      (C)  an analysis of a breath or blood specimen

 22-3    showing an alcohol concentration of a level specified by Section

 22-4    49.01, Penal Code, following an arrest for an offense prohibiting

 22-5    the operation of a motor vehicle while intoxicated.

 22-6                (4)  "Arrest" includes taking into custody of a child,

 22-7    as defined by Section 51.02, Family Code.

 22-8                (5)  "Conviction" includes an adjudication under Title

 22-9    3, Family Code.

22-10                (6)  "Criminal charge" includes a charge that may

22-11    result in a proceeding under Title 3, Family Code.

22-12                (7)  "Criminal prosecution" includes a proceeding under

22-13    Title 3, Family Code.

22-14                (8) [(3)]  "Department" means the Department of Public

22-15    Safety.

22-16                (9) [(4)]  "Director" means the public safety director

22-17    of the department.

22-18                (10) [(5)]  "Driver's license" has the meaning assigned

22-19    by Section 521.001.

22-20                (11)  "Minor" means an individual under 21 years of

22-21    age.

22-22                (12) [(6)]  "Public place" has the meaning assigned by

22-23    Section 1.07(a), Penal Code.

22-24          SECTION 21.  Section 524.011, Transportation Code, is amended

22-25    to read as follows:

 23-1          Sec. 524.011.  ARRESTING OFFICER'S DUTIES FOR DRIVER'S

 23-2    LICENSE SUSPENSION.  (a)  An officer arresting a person shall

 23-3    comply with Subsection (b) if:

 23-4                (1)  the [If a] person is arrested for an offense under

 23-5    Section 49.04, Penal Code, or an offense under Section 49.07 or

 23-6    49.08 of that code involving the operation of a motor vehicle,

 23-7    submits to the taking of a specimen of breath or blood and an

 23-8    analysis of the specimen shows the person had an alcohol

 23-9    concentration of a level specified by Section 49.01(2)(B), Penal

23-10    Code; or

23-11                (2)  the person is a minor arrested for an offense

23-12    under Section 106.041, Alcoholic Beverage Code, or Section 49.04,

23-13    Penal Code, or an offense under Section 49.07 or 49.08, Penal Code,

23-14    involving the operation of a motor vehicle and:

23-15                      (A)  the minor is not requested to submit to the

23-16    taking of a specimen; or

23-17                      (B)  the minor submits to the taking of a

23-18    specimen and an analysis of the specimen shows that the minor had

23-19    an alcohol concentration of greater than .00 but less than the

23-20    level specified by Section 49.01(2)(B), Penal Code.

23-21          (b)  The [, the] arresting officer shall:

23-22                (1)  serve or, if a specimen is taken and the analysis

23-23    of the specimen is not returned to the arresting officer before the

23-24    person is admitted to bail, released from custody, delivered as

23-25    provided by Title 3, Family Code, or committed to jail, attempt to

 24-1    serve notice of driver's license suspension by personally

 24-2    delivering the notice to the arrested person; and

 24-3                (2)  send to the department not later than the fifth

 24-4    business day after the date of the arrest:

 24-5                      (A)  a copy of the driver's license suspension

 24-6    notice; and

 24-7                      (B)  a sworn report of information relevant to

 24-8    the arrest.

 24-9          (c) [(b)]  The report required under Subsection (b)(2)(B)

24-10    [(a)(2)(B)] must:

24-11                (1)  identify the arrested person;

24-12                (2)  state the arresting officer's grounds for

24-13    believing the person committed the offense;

24-14                (3)  give the analysis of the specimen if any; and

24-15                (4)  include a copy of the criminal complaint filed in

24-16    the case, if any.

24-17          (d) [(c)]  An arresting officer shall make the report on a

24-18    form approved by the department and in the manner specified by the

24-19    department.

24-20          (e) [(d)]  The department shall develop a form for the notice

24-21    of driver's license suspension that shall be used by all state and

24-22    local law enforcement agencies.

24-23          SECTION 22.  Subsections (b) and (c), Section 524.012,

24-24    Transportation Code, are amended to read as follows:

24-25          (b)  The department shall suspend the person's driver's

 25-1    license if the department determines that:

 25-2                (1)  the person had an alcohol concentration of a level

 25-3    specified by Section 49.01(2)(B), Penal Code, while operating a

 25-4    motor vehicle in a public place; or

 25-5                (2)  the person is a minor and had any detectable

 25-6    amount of alcohol in the minor's system while operating a motor

 25-7    vehicle in a public place.

 25-8          (c)  The department may not suspend a person's driver's

 25-9    license if:

25-10                (1)  the person is an adult and the analysis of the

25-11    person's breath or blood specimen determined that the person had an

25-12    alcohol concentration of a level below that specified by Section

25-13    49.01(2)(B), Penal Code, at the time the specimen was taken; or

25-14                (2)  the person is a minor and the department does not

25-15    determine that the minor had any detectable amount of alcohol in

25-16    the minor's system when the minor was arrested.

25-17          SECTION 23.  Subsection (b), Section 524.015, Transportation

25-18    Code, is amended to read as follows:

25-19          (b)  A suspension may not be imposed under this chapter on a

25-20    person who is acquitted of a criminal charge under Section 49.04,

25-21    49.07, or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage

25-22    Code, arising from the occurrence that was the basis for the

25-23    suspension.  If a suspension was imposed before the acquittal, the

25-24    department shall rescind the suspension and shall remove any

25-25    reference to the suspension from the person's computerized driving

 26-1    record.

 26-2          SECTION 24.  Section 524.022, Transportation Code, is amended

 26-3    to read as follows:

 26-4          Sec. 524.022.  PERIOD OF SUSPENSION.  (a)  A period of

 26-5    suspension under this chapter for an adult is:

 26-6                (1)  60 days if the person's driving record shows no

 26-7    alcohol-related or drug-related enforcement contact during the five

 26-8    years preceding the date of the person's arrest;

 26-9                (2)  120 days if the person's driving record shows one

26-10    or more alcohol-related or drug-related enforcement contacts, as

26-11    defined by Section 524.001(2)(B) or (C), during the five years

26-12    preceding the date of the person's arrest; or

26-13                (3)  180 days if the person's driving record shows one

26-14    or more alcohol-related or drug-related enforcement contacts, as

26-15    defined by Section 524.001(2)(A), during the five years preceding

26-16    the date of the person's arrest.

26-17          (b)  A period of suspension under this chapter for a minor

26-18    is:

26-19                (1)  120 days if the minor has not been previously

26-20    convicted of an offense under Section 106.041, Alcoholic Beverage

26-21    Code, or Section 49.04, Penal Code, or an offense under Section

26-22    49.07 or 49.08, Penal Code, involving the operation of a motor

26-23    vehicle;

26-24                (2)  150 days if the minor has been previously

26-25    convicted once of an offense listed by Subdivision (1); or

 27-1                (3)  180 days if the minor has been previously

 27-2    convicted twice or more of an offense listed by Subdivision (1).

 27-3          (c)  A minor whose driver's license is suspended under this

 27-4    chapter is not eligible for an occupational license under

 27-5    Subchapter L, Chapter 521, for:

 27-6                (1)  the first 30 days of a suspension under Subsection

 27-7    (b)(1);

 27-8                (2)  the first 90 days of a suspension under Subsection

 27-9    (b)(2); or

27-10                (3)  the entire period of a suspension under Subsection

27-11    (b)(3).

27-12          SECTION 25.  Section 524.023, Transportation Code, is amended

27-13    to read as follows:

27-14          Sec. 524.023.  APPLICATION OF SUSPENSION UNDER OTHER LAWS.

27-15    (a)  If a person is convicted of an offense under Section 106.041,

27-16    Alcoholic Beverage Code, or Section 49.04, 49.07, or 49.08, Penal

27-17    Code, and if any conduct on which that conviction is based is a

27-18    ground for a driver's license suspension under this chapter and

27-19    Section 106.041, Alcoholic Beverage Code, Subchapter O, Chapter

27-20    521, or Subchapter H, Chapter 522, each of the suspensions shall be

27-21    imposed.

27-22          (b)  The court imposing a driver's license suspension under

27-23    Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as

27-24    required by Subsection (a) shall credit a period of suspension

27-25    imposed under this chapter toward the period of suspension required

 28-1    under Section 106.041, Alcoholic Beverage Code, or Subchapter O,

 28-2    Chapter 521, or Subchapter H, Chapter 522, unless the person was

 28-3    convicted of an offense under Article 6701l-1, Revised Statutes, as

 28-4    that law existed before September 1, 1994, Section 19.05(a)(2),

 28-5    Penal Code, as that law existed before September 1, 1994, [or]

 28-6    Section 49.04, 49.07, or 49.08, Penal Code, or Section 106.041,

 28-7    Alcoholic Beverage Code, before the date of the conviction on which

 28-8    the suspension is based, in which event credit may not be given.

 28-9          SECTION 26.  Subsections (a) and (d), Section 524.035,

28-10    Transportation Code, are amended to read as follows:

28-11          (a)  The issues that must be proved at a hearing by a

28-12    preponderance of the evidence are:

28-13                (1)  whether:

28-14                      (A) [(1)]  the person had an alcohol

28-15    concentration of a level specified by Section 49.01(2)(B), Penal

28-16    Code, while operating a motor vehicle in a public place; or

28-17                      (B)  the person is a minor and had any detectable

28-18    amount of alcohol in the minor's system while operating a motor

28-19    vehicle in a public place; and

28-20                (2)  whether reasonable suspicion to stop or probable

28-21    cause to arrest the person existed.

28-22          (d)  An administrative law judge may not find in the

28-23    affirmative on the issue in Subsection (a)(1) if:

28-24                (1)  the person is an adult and the analysis of the

28-25    person's breath or blood determined that the person had an alcohol

 29-1    concentration of a level below that specified by Section 49.01,

 29-2    Penal Code, at the time the specimen was taken; or

 29-3                (2)  the person is a minor and the administrative law

 29-4    judge does not find that the minor had any detectable amount of

 29-5    alcohol in the minor's system when the minor was arrested.

 29-6          SECTION 27.  Subsection (a), Section 524.042, Transportation

 29-7    Code, is amended to read as follows:

 29-8          (a)  A suspension of a driver's license under this chapter is

 29-9    stayed on the filing of an appeal petition only if:

29-10                (1)  the person's driver's license has not been

29-11    suspended as a result of an alcohol-related or drug-related

29-12    enforcement contact during the five years preceding the date of the

29-13    person's arrest; and

29-14                (2)  the person has not been convicted during the 10

29-15    years preceding the date of the person's arrest of an offense

29-16    under:

29-17                      (A)  Article 6701l-1, Revised Statutes, as that

29-18    law existed before September 1, 1994;

29-19                      (B)  Section 19.05(a)(2), Penal Code, as that law

29-20    existed before September 1, 1994;

29-21                      (C)  Section 49.04, Penal Code; [or]

29-22                      (D)  Section 49.07 or 49.08, Penal Code, if the

29-23    offense involved the operation of a motor vehicle; or

29-24                      (E)  Section 106.041, Alcoholic Beverage Code.

29-25          SECTION 28.  Subsection (d), Section 524.043, Transportation

 30-1    Code, is amended to read as follows:

 30-2          (d)  An administrative law judge may change a finding or

 30-3    decision as to whether the person had an alcohol concentration of a

 30-4    level specified in Section 49.01, Penal Code, or whether a minor

 30-5    had any detectable amount of alcohol in the minor's system because

 30-6    of the additional evidence and shall file the additional evidence

 30-7    and any changes, new findings, or decisions with the reviewing

 30-8    court.

 30-9          SECTION 29.  Section 601.340, Transportation Code, is amended

30-10    by amending Subsection (a) and adding Subsection (c) to read as

30-11    follows:

30-12          (a)  Except as provided by Subsection (b) or (c), the

30-13    department shall suspend the registration of each motor vehicle

30-14    registered in the name of a person if the department:

30-15                (1)  under any state law, suspends or revokes the

30-16    person's driver's license on receipt of a record of a conviction or

30-17    a forfeiture of bail; or

30-18                (2)  receives a record of a guilty plea of the person

30-19    entered for an offense for which the department would be required

30-20    to suspend the driver's license of a person convicted of the

30-21    offense.

30-22          (c)  This section does not apply to a suspension of a

30-23    driver's license for an offense under Chapter 106, Alcoholic

30-24    Beverage Code, other than an offense that includes confinement as

30-25    an authorized sanction.

 31-1          SECTION 30.  Section 724.001, Transportation Code, is amended

 31-2    to read as follows:

 31-3          Sec. 724.001.  DEFINITIONS. In this chapter:

 31-4                (1)  "Alcohol concentration" has the meaning assigned

 31-5    by Section 49.01, Penal Code.

 31-6                (2)  "Arrest" includes taking into custody of a child,

 31-7    as defined by Section 51.02, Family Code.

 31-8                (3)  "Controlled substance" has the meaning assigned by

 31-9    Section 481.002, Health and Safety Code.

31-10                (4)  "Criminal charge" includes a charge that may

31-11    result in a proceeding under Title 3, Family Code.

31-12                (5)  "Criminal proceeding" includes a proceeding under

31-13    Title 3, Family Code.

31-14                (6) [(3)]  "Dangerous drug" has the meaning assigned by

31-15    Section 483.001, Health and Safety Code.

31-16                (7) [(4)]  "Department" means the Department of Public

31-17    Safety.

31-18                (8) [(5)]  "Drug" has the meaning assigned by Section

31-19    481.002, Health and Safety Code.

31-20                (9) [(6)]  "Intoxicated" has the meaning assigned by

31-21    Section 49.01, Penal Code.

31-22                (10) [(7)]  "License" has the meaning assigned by

31-23    Section 521.001.

31-24                (11) [(8)]  "Operate" means to drive or be in actual

31-25    control of a motor vehicle or watercraft.

 32-1                (12) [(9)]  "Public place" has the meaning assigned by

 32-2    Section 1.07, Penal Code.

 32-3          SECTION 31.  Subsection (a), Section 724.011, Transportation

 32-4    Code, is amended to read as follows:

 32-5          (a)  If a person is arrested for an offense arising out of

 32-6    acts alleged to have been committed while the person was operating

 32-7    a motor vehicle in a public place, or a watercraft, while

 32-8    intoxicated, or an offense under Section 106.041, Alcoholic

 32-9    Beverage Code, the person is deemed to have consented, subject to

32-10    this chapter, to submit to the taking of one or more specimens of

32-11    the person's breath or blood for analysis to determine the alcohol

32-12    concentration or the presence in the person's body of a controlled

32-13    substance, drug, dangerous drug, or other substance.

32-14          SECTION 32.  Subsection (a), Section 724.012, Transportation

32-15    Code, is amended to read as follows:

32-16          (a)  One or more specimens of a person's breath or blood may

32-17    be taken if the person is arrested and at the request of a peace

32-18    officer having reasonable grounds to believe the person:

32-19                (1)  while intoxicated was operating a motor vehicle in

32-20    a public place, or a watercraft; or

32-21                (2)  was in violation of Section 106.041, Alcoholic

32-22    Beverage Code.

32-23          SECTION 33.  Section 724.015, Transportation Code, is amended

32-24    to read as follows:

32-25          Sec. 724.015.  INFORMATION PROVIDED BY OFFICER BEFORE

 33-1    REQUESTING SPECIMEN.  Before requesting a person to submit to the

 33-2    taking of a specimen, the officer shall inform the person orally

 33-3    and in writing that:

 33-4                (1)  if the person refuses to submit to the taking of

 33-5    the specimen, that refusal may be admissible in a subsequent

 33-6    prosecution;

 33-7                (2)  if the person refuses to submit to the taking of

 33-8    the specimen, the person's license to operate a motor vehicle will

 33-9    be automatically suspended, whether or not the person is

33-10    subsequently prosecuted as a result of the arrest, for:

33-11                      (A)  not less than 90 days if the person is 21

33-12    years of age or older; or

33-13                      (B)  one year if the person is younger than 21

33-14    years of age;

33-15                (3)  if the person is 21 years of age or older and

33-16    submits to the taking of a specimen designated by the officer and

33-17    an analysis of the specimen shows the person had an alcohol

33-18    concentration of a level specified by Chapter 49, Penal Code, the

33-19    person's license to operate a motor vehicle will be automatically

33-20    suspended for not less than 60 days, whether or not the person is

33-21    subsequently prosecuted as a result of the arrest;

33-22                (4)  if the person is younger than 21 years of age and

33-23    has any detectable amount of alcohol in the person's system, the

33-24    person's license to operate a motor vehicle will be automatically

33-25    suspended for not less than 120 days even if the person submits to

 34-1    the taking of the specimen, but that if the person submits to the

 34-2    taking of the specimen and an analysis of the specimen shows that

 34-3    the person had an alcohol concentration less than the level

 34-4    specified by Chapter 49, Penal Code, the person may be subject to

 34-5    criminal penalties less severe than those provided under that

 34-6    chapter;

 34-7                (5)  if the officer determines that the person is a

 34-8    resident without a license to operate a motor vehicle in this

 34-9    state, the department will deny to the person the issuance of a

34-10    license, whether or not the person is subsequently prosecuted as a

34-11    result of the arrest, under the same conditions and for the same

34-12    periods that would have applied to a revocation of the person's

34-13    driver's license if the person had held a driver's license issued

34-14    by this state [if:]

34-15                      [(A)  the person refuses to submit to the taking

34-16    of a specimen, in which case the denial is for:]

34-17                            [(i)  not less than 90 days if the person

34-18    is 21 years of age or older; or]

34-19                            [(ii)  one year if the person is younger

34-20    than 21 years of age; or]

34-21                      [(B)  a specimen designated by the officer is

34-22    taken and an analysis of the specimen shows the person had an

34-23    alcohol concentration of a level specified by Section 49.01(2)(B),

34-24    Penal Code, in which case the denial is for not less than 60 days];

34-25    and

 35-1                (6) [(5)]  the person has a right to a hearing on the

 35-2    suspension or denial if, not later than the 15th day after the date

 35-3    on which the person receives the notice of suspension or denial or

 35-4    on which the person is considered to have received the notice by

 35-5    mail as provided by law, the department receives, at its

 35-6    headquarters in Austin, a written demand, including a facsimile

 35-7    transmission, or a request in another form prescribed by the

 35-8    department for the hearing.

 35-9          SECTION 34.  Subsections (b) and (c), Section 724.035,

35-10    Transportation Code, are amended to read as follows:

35-11          (b)  The period of suspension or denial is 180 days if the

35-12    person is 21 years of age or older and the person's driving record

35-13    shows one or more alcohol-related or drug-related enforcement

35-14    contacts, as defined by Section 524.001(3)(B) or (C) [524.001],

35-15    during the five years preceding the date of the person's arrest.

35-16          (c)  The period of suspension or denial is one year if the

35-17    person is 21 years of age or older and the person's driving record

35-18    shows one or more alcohol-related or drug-related enforcement

35-19    contacts, as defined by Section 524.001(3)(A) [524.001], during the

35-20    five years preceding the date of the person's arrest.

35-21          SECTION 35.  Subsection (c), Section 724.048, Transportation

35-22    Code, is amended to read as follows:

35-23          (c)  If a criminal charge arising from the same arrest as a

35-24    suspension under this chapter [under Chapter 49, Penal Code,]

35-25    results in an acquittal, the [a] suspension under this chapter may

 36-1    not be imposed.  If a suspension under this chapter has already

 36-2    been imposed, the department shall rescind the suspension and

 36-3    remove references to the suspension from the computerized driving

 36-4    record of the individual.

 36-5          SECTION 36.  Section 724.064, Transportation Code, is amended

 36-6    to read as follows:

 36-7          Sec. 724.064.  ADMISSIBILITY IN CRIMINAL PROCEEDING OF

 36-8    SPECIMEN ANALYSIS.  On the trial of a criminal proceeding arising

 36-9    out of an offense under Chapter 49, Penal Code, involving the

36-10    operation of a motor vehicle or a watercraft, or an offense under

36-11    Section 106.041, Alcoholic Beverage Code, evidence of the alcohol

36-12    concentration or presence of a controlled substance, drug,

36-13    dangerous drug, or other substance as shown by analysis of a

36-14    specimen of the person's blood, breath, or urine or any other

36-15    bodily substance taken at the request or order of a peace officer

36-16    is admissible.

36-17          SECTION 37.  Subsection (a), Article 4.11, Code of Criminal

36-18    Procedure, is amended to read as follows:

36-19          (a)  Justices of the peace shall have original jurisdiction

36-20    in criminal cases:

36-21                (1)  punishable by fine only[;] or

36-22                [(2)]  punishable by:

36-23                      (A)  a fine; and

36-24                      (B)  as authorized by statute, a sanction not

36-25    consisting of confinement or imprisonment that is rehabilitative or

 37-1    remedial in nature; or

 37-2                (2)  arising under Chapter 106, Alcoholic Beverage

 37-3    Code, that do not include confinement as an authorized sanction.

 37-4          SECTION 38.  Subsection (b), Article 4.14, Code of Criminal

 37-5    Procedure, is amended to read as follows:

 37-6          (b)  The municipal court shall have concurrent jurisdiction

 37-7    with the justice court of a precinct in which the municipality is

 37-8    located in all criminal cases arising under state law that:

 37-9                (1)  arise within the territorial limits of the

37-10    municipality[;] and

37-11                [(2)]  are punishable by fine only, as defined in

37-12    Subsection (c) of this article; or

37-13                (2)  arise under Chapter 106, Alcoholic Beverage Code,

37-14    and do not include confinement as an authorized sanction.

37-15          SECTION 39.  Subsection (b), Section 29.003, Government Code,

37-16    is amended to read as follows:

37-17          (b)  The municipal court has concurrent jurisdiction with the

37-18    justice court of a precinct in which the municipality is located in

37-19    all criminal cases arising under state law that:

37-20                (1)  arise within the territorial limits of the

37-21    municipality[;] and

37-22                [(2)]  are punishable only by a fine, as defined in

37-23    Subsection (c) of this section; or

37-24                (2)  arise under Chapter 106, Alcoholic Beverage Code,

37-25    and do not include confinement as an authorized sanction.

 38-1          SECTION 40.  Section 521.298, Transportation Code, is

 38-2    repealed.

 38-3          SECTION 41.  (a)  The changes in law made by this Act apply

 38-4    only to an offense committed on or after the effective date of this

 38-5    Act.  For the purposes of this section, an offense is committed

 38-6    before the effective date of this Act if any element of the offense

 38-7    occurs before that date.

 38-8          (b)  An offense committed before the effective date of this

 38-9    Act is covered by the law in effect when the offense was committed,

38-10    and the former law is continued in effect for that purpose.

38-11          SECTION 42.  This Act takes effect September 1, 1997.

38-12          SECTION 43.  The importance of this legislation and the

38-13    crowded condition of the calendars in both houses create an

38-14    emergency and an imperative public necessity that the

38-15    constitutional rule requiring bills to be read on three several

38-16    days in each house be suspended, and this rule is hereby suspended.