75R9317 DWS-F
By West S.B. No. 35
Substitute the following for S.B. No. 35:
By Place C.S.S.B. No. 35
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to operating a vehicle while intoxicated or under the
1-3 influence of alcohol by a minor and other actions of a minor
1-4 concerning the acquisition, possession, and use of alcohol;
1-5 providing penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 106.02, Alcoholic Beverage Code, is
1-8 amended to read as follows:
1-9 Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR. (a) A minor
1-10 commits an offense if he purchases an alcoholic beverage.
1-11 (b) An offense under this section is punishable as provided
1-12 by Section 106.071 [Except as provided in Subsection (c) of this
1-13 section, a violation of this section is a misdemeanor punishable by
1-14 a fine of not less than $25 nor more than $200.]
1-15 [(c) If a person has been previously convicted of a
1-16 violation of this section, or of Section 106.04 or 106.05 of this
1-17 code, a violation is a misdemeanor punishable by a fine of not less
1-18 than $250 nor more than $1,000].
1-19 SECTION 2. Section 106.025, Alcoholic Beverage Code, is
1-20 amended to read as follows:
1-21 Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR. (a)
1-22 A minor commits an offense if, with specific intent to commit an
1-23 offense under Section 106.02 of this code, the minor does an act
1-24 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.]
2-26 [(d) If a person has been previously convicted of a
2-27 violation of this section or Section 101.63 of this code, a
3-1 violation is a misdemeanor punishable by a fine of not less than
3-2 $500 nor more than $1,000, by confinement in jail for not more than
3-3 one year, or by both].
3-4 SECTION 4. Section 106.04, Alcoholic Beverage Code, is
3-5 amended to read as follows:
3-6 Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (a) A
3-7 [Except as provided in Subsection (b) of this section, a] minor
3-8 commits an offense if he consumes an alcoholic beverage.
3-9 (b) It is an affirmative defense to prosecution under this
3-10 section that the alcoholic beverage was consumed [A minor may
3-11 consume an alcoholic beverage if he is] in the visible presence of
3-12 the minor's [an] adult parent, guardian, or spouse.
3-13 (c) An offense under this section is punishable as provided
3-14 by Section 106.071.
3-15 (d) A minor who commits an offense under this section and
3-16 who has been previously convicted twice or more of offenses under
3-17 this section is not eligible for deferred adjudication. For the
3-18 purposes of this subsection:
3-19 (1) an adjudication under Title 3, Family Code, that
3-20 the minor engaged in conduct described by this section is
3-21 considered a conviction of an offense under this section; and
3-22 (2) an order of deferred adjudication for an offense
3-23 alleged under this section is considered a conviction of an offense
3-24 under this section [Except as provided in Subsection (d) of this
3-25 section, a violation of this section is a misdemeanor punishable by
3-26 a fine of not less than $25 nor more than $200.]
3-27 [(d) If a person has been previously convicted of a
4-1 violation of this section, or of Section 106.02 or 106.05 of this
4-2 code, a violation is a misdemeanor punishable by a fine of not less
4-3 than $500 nor more than $1,000].
4-4 SECTION 5. Chapter 106, Alcoholic Beverage Code, is amended
4-5 by adding Section 106.041 to read as follows:
4-6 Sec. 106.041. DRIVING UNDER THE INFLUENCE OF ALCOHOL BY
4-7 MINOR. (a) A minor commits an offense if the minor operates a
4-8 motor vehicle in a public place while having any detectable amount
4-9 of alcohol in the minor's system.
4-10 (b) Except as provided by Subsection (c), an offense under
4-11 this section is a Class C misdemeanor.
4-12 (c) If it is shown at the trial of the defendant that the
4-13 defendant is a minor who is not a child and who has been previously
4-14 convicted at least twice of an offense under this section, the
4-15 offense is punishable by:
4-16 (1) a fine of not less than $500 or more than $2,000;
4-17 (2) confinement in jail for a term not to exceed 180
4-18 days; or
4-19 (3) both the fine and confinement.
4-20 (d) In addition to any fine and any order issued under
4-21 Section 106.115, the court shall order a minor convicted of an
4-22 offense under this section to perform community service for:
4-23 (1) not less than 20 or more than 40 hours, if the
4-24 minor has not been previously convicted of an offense under this
4-25 section; or
4-26 (2) not less than 40 or more than 60 hours, if the
4-27 minor has been previously convicted of an offense under this
5-1 section.
5-2 (e) Community service ordered under this section must be
5-3 related to education about or prevention of misuse of alcohol.
5-4 (f) A minor who commits an offense under this section and
5-5 who has been previously convicted twice or more of offenses under
5-6 this section is not eligible for deferred adjudication.
5-7 (g) An offense under this section is not a lesser included
5-8 offense under Section 49.04, Penal Code.
5-9 (h) For the purpose of determining whether a minor has been
5-10 previously convicted of an offense under this section:
5-11 (1) an adjudication under Title 3, Family Code, that
5-12 the minor engaged in conduct described by this section is
5-13 considered a conviction under this section; and
5-14 (2) an order of deferred adjudication for an offense
5-15 alleged under this section is considered a conviction of an offense
5-16 under 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.
5-26 (2) "Motor vehicle" has the meaning assigned by
5-27 Section 32.34(a), Penal Code.
6-1 (3) "Public place" has the meaning assigned by Section
6-2 1.07, Penal Code.
6-3 SECTION 6. Section 106.05, Alcoholic Beverage Code, is
6-4 amended to read as follows:
6-5 Sec. 106.05. Possession of Alcohol by a Minor. (a) Except
6-6 as provided in Subsection (b) of this section, a minor commits an
6-7 offense if he possesses an alcoholic beverage.
6-8 (b) A minor may possess an alcoholic beverage:
6-9 (1) while in the course and scope of his employment if
6-10 he is an employee of a licensee or permittee and the employment is
6-11 not prohibited by this code; or
6-12 (2) if he is in the visible presence of his [an] adult
6-13 parent, guardian, or spouse, or other adult to whom he has been
6-14 committed by a court.
6-15 (c) An offense under this section is punishable as provided
6-16 by Section 106.071 [Except as provided in Subsection (d) of this
6-17 section, a violation of this section is a misdemeanor punishable by
6-18 a fine of not less than $25 nor more than $200.]
6-19 [(d) If a person has been previously convicted of a
6-20 violation of this section, or of Section 106.02 or 106.04 of this
6-21 code, a violation is a misdemeanor punishable by a fine of not less
6-22 than $500 nor more than $1,000].
6-23 SECTION 7. Section 106.06(c), Alcoholic Beverage Code, is
6-24 amended to read as follows:
6-25 (c) An offense under this section is a Class B misdemeanor
6-26 [A violation of this section is a misdemeanor punishable by a fine
6-27 of not less than $100 nor more than $500].
7-1 SECTION 8. Section 106.07, Alcoholic Beverage Code, is
7-2 amended to read as follows:
7-3 Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR. (a) A
7-4 minor commits an offense if he falsely states that he is 21 years
7-5 of age or older or presents any document that indicates he is 21
7-6 years of age or older to a person engaged in selling or serving
7-7 alcoholic beverages.
7-8 (b) An offense under this section is punishable as provided
7-9 by Section 106.071 [Except as provided in Subsection (c) of this
7-10 section, a violation of this section is a misdemeanor punishable by
7-11 a fine of not less than $25 nor more than $200.]
7-12 [(c) If a person has been previously convicted of a
7-13 violation of this section, a violation is a misdemeanor punishable
7-14 by a fine of not less than $100 nor more than $500].
7-15 SECTION 9. Chapter 106, Alcoholic Beverage Code, is amended
7-16 by adding Section 106.071 to read as follows:
7-17 Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY
7-18 MINOR. (a) This section applies to an offense under Section
7-19 106.02, 106.025, 106.04, 106.05, or 106.07.
7-20 (b) Except as provided by Subsection (c), an offense to
7-21 which this section applies is a Class C misdemeanor.
7-22 (c) If it is shown at the trial of the defendant that the
7-23 defendant is a minor who is not a child and who has been previously
7-24 convicted at least twice of an offense to which this section
7-25 applies, the offense is punishable by:
7-26 (1) a fine of not less than $250 or more than $2,000;
7-27 (2) confinement in jail for a term not to exceed 180
8-1 days; or
8-2 (3) both the fine and confinement.
8-3 (d) In addition to any fine and any order issued under
8-4 Section 106.115:
8-5 (1) the court shall order a minor convicted of an
8-6 offense to which this section applies to perform community service
8-7 for:
8-8 (A) not less than eight or more than 12 hours,
8-9 if the minor has not been previously convicted of an offense to
8-10 which this section applies; or
8-11 (B) not less than 20 or more than 40 hours, if
8-12 the minor has been previously convicted once of an offense to which
8-13 this section applies; and
8-14 (2) the court shall order the Department of Public
8-15 Safety to suspend the minor's driver's license or permit or, if the
8-16 minor does not have a driver's license or permit, to deny the
8-17 issuance of a driver's license or permit for:
8-18 (A) 30 days, if the minor has not been
8-19 previously convicted of an offense to which this section applies;
8-20 (B) 60 days, if the minor has been previously
8-21 convicted once of an offense to which this section applies; or
8-22 (C) 180 days, if the minor has been previously
8-23 convicted twice or more of an offense to which this section
8-24 applies.
8-25 (e) Community service ordered under this section must be
8-26 related to education about or prevention of misuse of alcohol.
8-27 (f) For the purpose of determining whether a minor has been
9-1 previously convicted of an offense to which this section applies:
9-2 (1) an adjudication under Title 3, Family Code, that
9-3 the minor engaged in conduct described by this section is
9-4 considered a conviction under this section; and
9-5 (2) an order of deferred adjudication for an offense
9-6 alleged under this section is considered a conviction of an offense
9-7 under this section.
9-8 (g) In this section, "child" has the meaning assigned by
9-9 Section 51.02, Family Code.
9-10 SECTION 10. Section 106.115, Alcoholic Beverage Code, is
9-11 amended to read as follows:
9-12 Sec. 106.115. ATTENDANCE AT ALCOHOL AWARENESS COURSE;
9-13 LICENSE SUSPENSION. (a) On [Except as provided by Subsection (b),
9-14 on] conviction of a minor of an offense under Section 106.02,
9-15 106.025, 106.04, 106.041, [or] 106.05, or 106.07, the court, in
9-16 addition to assessing a fine as provided by those sections, shall
9-17 require a [the] defendant who has not been previously convicted of
9-18 an offense under one of those sections to attend an alcohol
9-19 awareness course approved by the Texas Commission on Alcohol and
9-20 Drug Abuse. If the defendant has been previously convicted once or
9-21 more of an offense under one or more of those sections, the court
9-22 may require the defendant to attend the alcohol awareness course.
9-23 If the defendant is younger than 18 years of age, the court may
9-24 require the parent or guardian of the defendant to attend the
9-25 course with the defendant.
9-26 (b) [If the defendant resides in a rural or other area in
9-27 which access to an alcohol awareness course is not readily
10-1 available, the court shall require the defendant to perform eight
10-2 to 12 hours of community service instead of participating in an
10-3 alcohol awareness course.]
10-4 [(c)] When requested, an alcohol awareness course may be
10-5 taught in languages other than English.
10-6 (c) [(d)] The court shall require the defendant to present
10-7 to the court, within 90 days of the date of final conviction,
10-8 evidence in the form prescribed by the court that the defendant, as
10-9 ordered by the court, has satisfactorily completed an alcohol
10-10 awareness course or performed the required hours of community
10-11 service. For good cause the court may extend this period by not
10-12 more than 90 days. If the defendant presents the required evidence
10-13 within the prescribed period, the court may reduce the assessed
10-14 fine to an amount equal to no less than one-half of the amount of
10-15 the initial fine.
10-16 (d) [(e)] If the defendant does not present the required
10-17 evidence within the prescribed period, the court shall order the
10-18 Department of Public Safety to suspend the defendant's driver's
10-19 license or permit for a period not to exceed six months or, if the
10-20 defendant does not have a license or permit, to deny the issuance
10-21 of a license or permit to the defendant for that period.
10-22 (e) [(f)] The Department of Public Safety shall send notice
10-23 of the suspension or prohibition order issued under Subsection (d)
10-24 [(e)] by certified mail, return receipt requested, to the
10-25 defendant. The notice must include the date of the suspension or
10-26 prohibition order, the reason for the suspension or prohibition,
10-27 and the period covered by the suspension or prohibition.
11-1 SECTION 11. Chapter 106, Alcoholic Beverage Code, is amended
11-2 by adding Sections 106.116 and 106.117 to read as follows:
11-3 Sec. 106.116. REPORTS OF COURT TO COMMISSION. Unless the
11-4 clerk is otherwise required to include the information in a report
11-5 submitted under Section 101.09, the clerk of a court, including a
11-6 justice court, municipal court, or juvenile court, shall furnish to
11-7 the commission on request a notice of a conviction of an offense
11-8 under this chapter or an adjudication under Title 3, Family Code,
11-9 for conduct that constitutes an offense under this chapter. The
11-10 report must be in the form prescribed by the commission.
11-11 Sec. 106.117. REPORT OF COURT TO DEPARTMENT OF PUBLIC
11-12 SAFETY. (a) Each court, including a justice court, municipal
11-13 court, or juvenile court, shall furnish to the Department of Public
11-14 Safety a notice of each:
11-15 (1) adjudication under Title 3, Family Code, for
11-16 conduct that constitutes an offense under this chapter;
11-17 (2) conviction of an offense under this chapter;
11-18 (3) order of deferred adjudication for an offense
11-19 alleged under this chapter; and
11-20 (4) acquittal of an offense under Section 106.041.
11-21 (b) The notice must be in a form prescribed by the
11-22 department and must contain the driver's license number of the
11-23 defendant, if the defendant holds a driver's license.
11-24 (c) The Department of Public Safety shall maintain
11-25 appropriate records of information in the notices and shall provide
11-26 the information to law enforcement agencies and courts as necessary
11-27 to enable those agencies and courts to carry out their official
12-1 duties. The information is admissible in any action in which it is
12-2 relevant. A person who holds a driver's license having the same
12-3 number that is contained in a record maintained under this section
12-4 is presumed to be the person to whom the record relates. The
12-5 presumption may be rebutted only by evidence presented under oath.
12-6 (d) The information maintained under this section is
12-7 confidential and may not be disclosed except as provided by this
12-8 section. A provision of Chapter 58, Family Code, or other law
12-9 limiting collection or reporting of information on a juvenile or
12-10 other minor or requiring destruction of that information does not
12-11 apply to information reported and maintained under this section.
12-12 SECTION 12. Section 51.02(15), Family Code, is amended to
12-13 read as follows:
12-14 (15) "Status offender" means a child who is accused,
12-15 adjudicated, or convicted for conduct that would not, under state
12-16 law, be a crime if committed by an adult, including:
12-17 (A) truancy under Section 51.03(b)(2);
12-18 (B) running away from home under Section
12-19 51.03(b)(3);
12-20 (C) a fineable only offense under Section
12-21 51.03(b)(1) transferred to the juvenile court under Section
12-22 51.08(b), but only if the conduct constituting the offense would
12-23 not have been criminal if engaged in by an adult;
12-24 (D) failure to attend school under Section
12-25 4.251, Education Code;
12-26 (E) a violation of standards of student conduct
12-27 as described by Section 51.03(b)(5) [51.03(b)(6)];
13-1 (F) a violation of a juvenile curfew ordinance
13-2 or order;
13-3 (G) a violation of a provision of the Alcoholic
13-4 Beverage Code applicable to minors only; or
13-5 (H) a violation of any other fineable only
13-6 offense under Section 8.07(a)(4) or (5), Penal Code, but only if
13-7 the conduct constituting the offense would not have been criminal
13-8 if engaged in by an adult.
13-9 SECTION 13. Sections 51.03(a) and (b), Family Code, are
13-10 amended to read as follows:
13-11 (a) Delinquent conduct is:
13-12 (1) conduct, other than a traffic offense, that
13-13 violates a penal law of this state or of the United States
13-14 punishable by imprisonment or by confinement in jail;
13-15 (2) conduct that violates a reasonable and lawful
13-16 order of a juvenile court entered under Section 54.04 or 54.05 of
13-17 this code, except an order prohibiting the following conduct:
13-18 (A) a violation of the penal laws of this state
13-19 of the grade of misdemeanor that is punishable by fine only or a
13-20 violation of the penal ordinances of any political subdivision of
13-21 this state;
13-22 (B) the unexcused voluntary absence of a child
13-23 from school; or
13-24 (C) the voluntary absence of a child from his
13-25 home without the consent of his parent or guardian for a
13-26 substantial length of time or without intent to return;
13-27 (3) conduct that violates a lawful order of a
14-1 municipal court or justice court under circumstances that would
14-2 constitute contempt of that court; [or]
14-3 (4) conduct that violates Section 49.04, 49.05, 49.06,
14-4 49.07, or 49.08, Penal Code; or
14-5 (5) conduct that violates Section 106.041, Alcoholic
14-6 Beverage Code, relating to driving under the influence of alcohol
14-7 by a minor [the laws of this state prohibiting driving while
14-8 intoxicated or under the influence of intoxicating liquor (third or
14-9 subsequent offense) or driving while under the influence of any
14-10 narcotic drug or of any other drug to the degree that renders the
14-11 child incapable of safely driving a vehicle] (third or subsequent
14-12 offense).
14-13 (b) Conduct indicating a need for supervision is:
14-14 (1) subject to Subsection (f) of this section,
14-15 conduct, other than a traffic offense, that violates:
14-16 (A) the penal laws of this state of the grade of
14-17 misdemeanor that are punishable by fine only; or
14-18 (B) the penal ordinances of any political
14-19 subdivision of this state;
14-20 (2) the unexcused voluntary absence of a child on 10
14-21 or more days or parts of days within a six-month period or three or
14-22 more days or parts of days within a four-week period from school
14-23 without the consent of his parents;
14-24 (3) the voluntary absence of a child from his home
14-25 without the consent of his parent or guardian for a substantial
14-26 length of time or without intent to return;
14-27 (4) [conduct which violates the laws of this state
15-1 prohibiting driving while intoxicated or under the influence of
15-2 intoxicating liquor (first or second offense) or driving while
15-3 under the influence of any narcotic drug or of any other drug to a
15-4 degree which renders him incapable of safely driving a vehicle
15-5 (first or second offense);]
15-6 [(5)] conduct prohibited by city ordinance or by state
15-7 law involving the inhalation of the fumes or vapors of paint and
15-8 other protective coatings or glue and other adhesives and the
15-9 volatile chemicals itemized in Section 484.002, Health and Safety
15-10 Code;
15-11 (5) [(6)] an act that violates a school district's
15-12 previously communicated written standards of student conduct for
15-13 which the child has been expelled under Section 21.3011, Education
15-14 Code; or
15-15 (6) [(7)] conduct that violates a reasonable and
15-16 lawful order of a court entered under Section 264.305.
15-17 SECTION 14. Section 52.02, Family Code, is amended by
15-18 amending Subsection (a) and adding Subsections (c) and (d) to read
15-19 as follows:
15-20 (a) Except as provided by Subsection (c), a [A] person
15-21 taking a child into custody, without unnecessary delay and without
15-22 first taking the child to any place other than a juvenile
15-23 processing office designated under Section 52.025 of this code,
15-24 shall do one of the following:
15-25 (1) release the child to a parent, guardian, custodian
15-26 of the child, or other responsible adult upon that person's promise
15-27 to bring the child before the juvenile court as requested by the
16-1 court;
16-2 (2) bring the child before the office or official
16-3 designated by the juvenile court if there is probable cause to
16-4 believe that the child engaged in delinquent conduct or conduct
16-5 indicating a need for supervision;
16-6 (3) bring the child to a detention facility designated
16-7 by the juvenile court;
16-8 (4) bring the child to a medical facility if the child
16-9 is believed to suffer from a serious physical condition or illness
16-10 that requires prompt treatment; or
16-11 (5) dispose of the case under Section 52.03 of this
16-12 code.
16-13 (c) A person who takes a child into custody and who has
16-14 reasonable grounds to believe that the child has been operating a
16-15 motor vehicle in a public place while having any detectable amount
16-16 of alcohol in the child's system may, before complying with
16-17 Subsection (a):
16-18 (1) take the child to a place to obtain a specimen of
16-19 the child's breath or blood as provided by Chapter 724,
16-20 Transportation Code; and
16-21 (2) perform intoxilyzer processing and videotaping of
16-22 the child in an adult processing office of a police department.
16-23 (d) A child taken into custody as provided by Subsection (c)
16-24 may not be required to submit to the taking of a specimen or to
16-25 refuse to submit to the taking of a specimen unless the request for
16-26 the child to take one of these actions and the child's response is:
16-27 (1) made after the child is given the opportunity to
17-1 consult an attorney; or
17-2 (2) videotaped.
17-3 SECTION 15. Section 54.042, Family Code, is amended by
17-4 amending Subsections (a) and (c) and adding Subsection (f) to read
17-5 as follows:
17-6 (a) A juvenile court, in a disposition hearing under Section
17-7 54.04 of this code, shall:
17-8 (1) order the Department of Public Safety to suspend a
17-9 child's driver's license or permit, or if the child does not have a
17-10 license or permit, to deny the issuance of a license or permit to
17-11 the child if the court finds that the child has engaged in conduct
17-12 that violates a law of this state enumerated in Section 521.342,
17-13 Transportation Code [24(a-1), Chapter 173, Acts of the 47th
17-14 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
17-15 Civil Statutes)]; or
17-16 (2) notify the Department of Public Safety of the
17-17 adjudication, if the court finds that the child has engaged in
17-18 conduct that violates a law of this state enumerated in Section
17-19 521.372, Transportation Code [24B(b), Chapter 173, Acts of the 47th
17-20 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
17-21 Civil Statutes)].
17-22 (c) A child whose driver's license or permit has been
17-23 suspended or denied pursuant to this section may, if the child is
17-24 otherwise eligible for, and fulfils the requirements for issuance
17-25 of, a provisional driver's license or permit under Chapter 521,
17-26 Transportation Code [173, Acts of the 47th Legislature, Regular
17-27 Session, 1941, as amended (Article 6687b, Vernon's Texas Civil
18-1 Statutes)], apply for and receive an occupational license in
18-2 accordance with the provisions of Subchapter L, Chapter 521,
18-3 Transportation Code [Section 23A, Chapter 173, Acts of the 47th
18-4 Legislature, Regular Session, 1941, as amended (Article 6687b,
18-5 Vernon's Texas Civil Statutes)].
18-6 (f) If a child is adjudicated for conduct that violates
18-7 Section 49.04, 49.07, or 49.08, Penal Code, and if any conduct on
18-8 which that adjudication is based is a ground for a driver's license
18-9 suspension under Chapter 524 or 724, Transportation Code, each of
18-10 the suspensions shall be imposed. The court imposing a driver's
18-11 license suspension under this section shall credit a period of
18-12 suspension imposed under Chapter 524 or 724, Transportation Code,
18-13 toward the period of suspension required under this section, except
18-14 that if the child was previously adjudicated for conduct that
18-15 violates Section 49.04, 49.07, or 49.08, Penal Code, credit may not
18-16 be given.
18-17 SECTION 16. Chapter 54, Family Code, is amended by adding
18-18 Section 54.046 to read as follows:
18-19 Sec. 54.046. ALCOHOL-RELATED OFFENSE. If the court or jury
18-20 finds at an adjudication hearing for a child that the child engaged
18-21 in conduct indicating a need for supervision or delinquent conduct
18-22 that violates the alcohol-related offenses in Section 106.02,
18-23 106.025, 106.04, 106.05, or 106.07, Alcoholic Beverage Code, the
18-24 court shall, subject to a finding under Section 54.04(c), order, in
18-25 addition to any other order authorized by this title, that, in the
18-26 manner provided by Section 106.071(d), Alcoholic Beverage Code:
18-27 (1) the child perform community service; and
19-1 (2) the child's driver's license or permit be
19-2 suspended or that the child be denied issuance of a driver's
19-3 license or permit.
19-4 SECTION 17. Section 521.145, Transportation Code, is amended
19-5 to read as follows:
19-6 Sec. 521.145. APPLICATION BY PERSON UNDER 18 YEARS OF AGE
19-7 [MINOR]. (a) The application of an applicant under 18 years of
19-8 age must be signed by:
19-9 (1) the parent or guardian who has custody of the
19-10 applicant; or
19-11 (2) if the applicant has no parent or guardian:
19-12 (A) the applicant's employer; or
19-13 (B) the county judge of the county in which the
19-14 applicant resides.
19-15 (b) The department shall provide the applicant and the
19-16 cosignor with information concerning state laws relating to driving
19-17 while intoxicated, driving by a minor with alcohol in the minor's
19-18 system, and implied consent. The applicant and cosignor must
19-19 acknowledge receipt of this information.
19-20 SECTION 18. Section 521.342(a), Transportation Code, is
19-21 amended to read as follows:
19-22 (a) The license of a person who was under 21 years of age at
19-23 the time of the offense, other than an offense classified as a
19-24 misdemeanor punishable by fine only, is automatically suspended on
19-25 conviction of:
19-26 (1) an offense under Section 49.04 or 49.07, Penal
19-27 Code, committed as a result of the introduction of alcohol into the
20-1 body;
20-2 (2) an offense under the Alcoholic Beverage Code,
20-3 other than an offense to which Section 106.071 of that code
20-4 applies, involving the manufacture, delivery, possession,
20-5 transportation, or use of an alcoholic beverage;
20-6 (3) a misdemeanor offense under Chapter 481, Health
20-7 and Safety Code, for which Subchapter P does not require the
20-8 automatic suspension of the license;
20-9 (4) an offense under Chapter 483, Health and Safety
20-10 Code, involving the manufacture, delivery, possession,
20-11 transportation, or use of a dangerous drug; or
20-12 (5) an offense under Chapter 484, Health and Safety
20-13 Code, involving the manufacture, delivery, possession,
20-14 transportation, or use of a volatile chemical.
20-15 SECTION 19. Section 524.001, Transportation Code, is amended
20-16 to read as follows:
20-17 Sec. 524.001. DEFINITIONS. In this chapter:
20-18 (1) "Adult" means an individual 21 years of age or
20-19 older.
20-20 (2) "Alcohol concentration" has the meaning assigned
20-21 by Section 49.01, Penal Code.
20-22 (3) [(2)] "Alcohol-related or drug-related enforcement
20-23 contact" means a driver's license suspension, disqualification, or
20-24 prohibition order under the laws of this state or another state
20-25 resulting from:
20-26 (A) a conviction of an offense prohibiting the
20-27 operation of a motor vehicle while:
21-1 (i) intoxicated;
21-2 (ii) under the influence of alcohol; or
21-3 (iii) under the influence of a controlled
21-4 substance;
21-5 (B) a refusal to submit to the taking of a
21-6 breath or blood specimen following an arrest for an offense
21-7 prohibiting the operation of a motor vehicle while:
21-8 (i) intoxicated;
21-9 (ii) under the influence of alcohol; or
21-10 (iii) under the influence of a controlled
21-11 substance; or
21-12 (C) an analysis of a breath or blood specimen
21-13 showing an alcohol concentration of a level specified by Section
21-14 49.01, Penal Code, following an arrest for an offense prohibiting
21-15 the operation of a motor vehicle while intoxicated.
21-16 (4) "Arrest" includes taking into custody of a child,
21-17 as defined by Section 51.02, Family Code.
21-18 (5) "Conviction" includes an adjudication under Title
21-19 3, Family Code.
21-20 (6) "Criminal charge" includes a charge that may
21-21 result in a proceeding under Title 3, Family Code.
21-22 (7) "Criminal prosecution" includes a proceeding under
21-23 Title 3, Family Code.
21-24 (8) [(3)] "Department" means the Department of Public
21-25 Safety.
21-26 (9) [(4)] "Director" means the public safety director
21-27 of the department.
22-1 (10) [(5)] "Driver's license" has the meaning assigned
22-2 by Section 521.001.
22-3 (11) "Minor" means an individual under 21 years of
22-4 age.
22-5 (12) [(6)] "Public place" has the meaning assigned by
22-6 Section 1.07(a), Penal Code.
22-7 SECTION 20. Section 524.011, Transportation Code, is amended
22-8 to read as follows:
22-9 Sec. 524.011. ARRESTING OFFICER'S DUTIES FOR DRIVER'S
22-10 LICENSE SUSPENSION. (a) An officer arresting a person shall
22-11 comply with Subsection (b) if:
22-12 (1) the [If a] person is arrested for an offense under
22-13 Section 49.04, Penal Code, or an offense under Section 49.07 or
22-14 49.08 of that code involving the operation of a motor vehicle,
22-15 submits to the taking of a specimen of breath or blood and an
22-16 analysis of the specimen shows the person had an alcohol
22-17 concentration of a level specified by Section 49.01(2)(B), Penal
22-18 Code; or
22-19 (2) the person is a minor arrested for an offense
22-20 under Section 106.041, Alcoholic Beverage Code, or Section 49.04,
22-21 Penal Code, or an offense under Section 49.07 or 49.08, Penal Code,
22-22 involving the operation of a motor vehicle and:
22-23 (A) the minor is not requested to submit to the
22-24 taking of a specimen; or
22-25 (B) the minor submits to the taking of a
22-26 specimen and an analysis of the specimen shows that the minor had
22-27 an alcohol concentration of greater than .00 but less than the
23-1 level specified by Section 49.01(2)(B), Penal Code.
23-2 (b) The [, the] arresting officer shall:
23-3 (1) serve or, if a specimen is taken and the analysis
23-4 of the specimen is not returned to the arresting officer before the
23-5 person is admitted to bail, released from custody, delivered as
23-6 provided by Title 3, Family Code, or committed to jail, attempt to
23-7 serve notice of driver's license suspension by personally
23-8 delivering the notice to the arrested person; and
23-9 (2) send to the department not later than the fifth
23-10 business day after the date of the arrest:
23-11 (A) a copy of the driver's license suspension
23-12 notice; and
23-13 (B) a sworn report of information relevant to
23-14 the arrest.
23-15 (c) [(b)] The report required under Subsection (b)(2)(B)
23-16 [(a)(2)(B)] must:
23-17 (1) identify the arrested person;
23-18 (2) state the arresting officer's grounds for
23-19 believing the person committed the offense;
23-20 (3) give the analysis of the specimen if any; and
23-21 (4) include a copy of the criminal complaint filed in
23-22 the case, if any.
23-23 (d) [(c)] An arresting officer shall make the report on a
23-24 form approved by the department and in the manner specified by the
23-25 department.
23-26 (e) [(d)] The department shall develop a form for the notice
23-27 of driver's license suspension that shall be used by all state and
24-1 local law enforcement agencies.
24-2 SECTION 21. Sections 524.012(b) and (c), Transportation
24-3 Code, are amended to read as follows:
24-4 (b) The department shall suspend the person's driver's
24-5 license if the department determines that:
24-6 (1) the person had an alcohol concentration of a level
24-7 specified by Section 49.01(2)(B), Penal Code, while operating a
24-8 motor vehicle in a public place; or
24-9 (2) the person is a minor and had any detectable
24-10 amount of alcohol in the minor's system while operating a motor
24-11 vehicle in a public place.
24-12 (c) The department may not suspend a person's driver's
24-13 license if:
24-14 (1) the person is an adult and the analysis of the
24-15 person's breath or blood specimen determined that the person had an
24-16 alcohol concentration of a level below that specified by Section
24-17 49.01(2)(B), Penal Code, at the time the specimen was taken; or
24-18 (2) the person is a minor and the department does not
24-19 determine that the minor had any detectable amount of alcohol in
24-20 the minor's system when the minor was arrested.
24-21 SECTION 22. Section 524.015(b), Transportation Code, is
24-22 amended to read as follows:
24-23 (b) A suspension may not be imposed under this chapter on a
24-24 person who is acquitted of a criminal charge under Section 49.04,
24-25 49.07, or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage
24-26 Code, arising from the occurrence that was the basis for the
24-27 suspension. If a suspension was imposed before the acquittal, the
25-1 department shall rescind the suspension and shall remove any
25-2 reference to the suspension from the person's computerized driving
25-3 record.
25-4 SECTION 23. Section 524.022, Transportation Code, is amended
25-5 to read as follows:
25-6 Sec. 524.022. PERIOD OF SUSPENSION. (a) A period of
25-7 suspension under this chapter for an adult is:
25-8 (1) 60 days if the person's driving record shows no
25-9 alcohol-related or drug-related enforcement contact during the five
25-10 years preceding the date of the person's arrest;
25-11 (2) 120 days if the person's driving record shows one
25-12 or more alcohol-related or drug-related enforcement contacts, as
25-13 defined by Section 524.001(2)(B) or (C), during the five years
25-14 preceding the date of the person's arrest; or
25-15 (3) 180 days if the person's driving record shows one
25-16 or more alcohol-related or drug-related enforcement contacts, as
25-17 defined by Section 524.001(2)(A), during the five years preceding
25-18 the date of the person's arrest.
25-19 (b) A period of suspension under this chapter for a minor
25-20 is:
25-21 (1) 60 days if the minor has not been previously
25-22 convicted of an offense under Section 106.041, Alcoholic Beverage
25-23 Code, or Section 49.04, Penal Code, or an offense under Section
25-24 49.07 or 49.08, Penal Code, involving the operation of a motor
25-25 vehicle;
25-26 (2) 120 days if the minor has been previously
25-27 convicted once of an offense listed by Subdivision (1); or
26-1 (3) 180 days if the minor has been previously
26-2 convicted twice or more of an offense listed by Subdivision (1).
26-3 (c) For the purposes of determining whether a minor has been
26-4 previously convicted of an offense described by Subsection (b)(1):
26-5 (1) an adjudication under Title 3, Family Code, that
26-6 the minor engaged in conduct described by Subsection (b)(1) is
26-7 considered a conviction under that provision; and
26-8 (2) an order of deferred adjudication for an offense
26-9 alleged under a provision described by Subsection (b)(1) is
26-10 considered a conviction of an offense under that provision.
26-11 (d) A minor whose driver's license is suspended under this
26-12 chapter is not eligible for an occupational license under
26-13 Subchapter L, Chapter 521, for:
26-14 (1) the first 90 days of a suspension under Subsection
26-15 (b)(2); or
26-16 (2) the entire period of a suspension under Subsection
26-17 (b)(3).
26-18 SECTION 24. Section 524.023, Transportation Code, is amended
26-19 to read as follows:
26-20 Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS.
26-21 (a) If a person is convicted of an offense under Section 106.041,
26-22 Alcoholic Beverage Code, or Section 49.04, 49.07, or 49.08, Penal
26-23 Code, and if any conduct on which that conviction is based is a
26-24 ground for a driver's license suspension under this chapter and
26-25 Section 106.041, Alcoholic Beverage Code, Subchapter O, Chapter
26-26 521, or Subchapter H, Chapter 522, each of the suspensions shall be
26-27 imposed.
27-1 (b) The court imposing a driver's license suspension under
27-2 Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as
27-3 required by Subsection (a) shall credit a period of suspension
27-4 imposed under this chapter toward the period of suspension required
27-5 under Section 106.041, Alcoholic Beverage Code, or Subchapter O,
27-6 Chapter 521, or Subchapter H, Chapter 522, unless the person was
27-7 convicted of an offense under Article 6701l-1, Revised Statutes, as
27-8 that law existed before September 1, 1994, Section 19.05(a)(2),
27-9 Penal Code, as that law existed before September 1, 1994, [or]
27-10 Section 49.04, 49.07, or 49.08, Penal Code, or Section 106.041,
27-11 Alcoholic Beverage Code, before the date of the conviction on which
27-12 the suspension is based, in which event credit may not be given.
27-13 SECTION 25. Sections 524.035(a) and (d), Transportation
27-14 Code, are amended to read as follows:
27-15 (a) The issues that must be proved at a hearing by a
27-16 preponderance of the evidence are:
27-17 (1) whether:
27-18 (A) [(1)] the person had an alcohol
27-19 concentration of a level specified by Section 49.01(2)(B), Penal
27-20 Code, while operating a motor vehicle in a public place; or
27-21 (B) the person is a minor and had any detectable
27-22 amount of alcohol in the minor's system while operating a motor
27-23 vehicle in a public place; and
27-24 (2) whether reasonable suspicion to stop or probable
27-25 cause to arrest the person existed.
27-26 (d) An administrative law judge may not find in the
27-27 affirmative on the issue in Subsection (a)(1) if:
28-1 (1) the person is an adult and the analysis of the
28-2 person's breath or blood determined that the person had an alcohol
28-3 concentration of a level below that specified by Section 49.01,
28-4 Penal Code, at the time the specimen was taken; or
28-5 (2) the person is a minor and the administrative law
28-6 judge does not find that the minor had any detectable amount of
28-7 alcohol in the minor's system when the minor was arrested.
28-8 SECTION 26. Section 524.042(a), Transportation Code, is
28-9 amended to read as follows:
28-10 (a) A suspension of a driver's license under this chapter is
28-11 stayed on the filing of an appeal petition only if:
28-12 (1) the person's driver's license has not been
28-13 suspended as a result of an alcohol-related or drug-related
28-14 enforcement contact during the five years preceding the date of the
28-15 person's arrest; and
28-16 (2) the person has not been convicted during the 10
28-17 years preceding the date of the person's arrest of an offense
28-18 under:
28-19 (A) Article 6701l-1, Revised Statutes, as that
28-20 law existed before September 1, 1994;
28-21 (B) Section 19.05(a)(2), Penal Code, as that law
28-22 existed before September 1, 1994;
28-23 (C) Section 49.04, Penal Code; [or]
28-24 (D) Section 49.07 or 49.08, Penal Code, if the
28-25 offense involved the operation of a motor vehicle; or
28-26 (E) Section 106.041, Alcoholic Beverage Code.
28-27 SECTION 27. Section 524.043(d), Transportation Code, is
29-1 amended to read as follows:
29-2 (d) An administrative law judge may change a finding or
29-3 decision as to whether the person had an alcohol concentration of a
29-4 level specified in Section 49.01, Penal Code, or whether a minor
29-5 had any detectable amount of alcohol in the minor's system because
29-6 of the additional evidence and shall file the additional evidence
29-7 and any changes, new findings, or decisions with the reviewing
29-8 court.
29-9 SECTION 28. Section 601.340, Transportation Code, is amended
29-10 by amending Subsection (a) and adding Subsection (c) to read as
29-11 follows:
29-12 (a) Except as provided by Subsection (b) or (c), the
29-13 department shall suspend the registration of each motor vehicle
29-14 registered in the name of a person if the department:
29-15 (1) under any state law, suspends or revokes the
29-16 person's driver's license on receipt of a record of a conviction or
29-17 a forfeiture of bail; or
29-18 (2) receives a record of a guilty plea of the person
29-19 entered for an offense for which the department would be required
29-20 to suspend the driver's license of a person convicted of the
29-21 offense.
29-22 (c) This section does not apply to a suspension of a
29-23 driver's license for an offense under Chapter 106, Alcoholic
29-24 Beverage Code, other than an offense that includes confinement as
29-25 an authorized sanction.
29-26 SECTION 29. Section 724.001, Transportation Code, is amended
29-27 to read as follows:
30-1 Sec. 724.001. DEFINITIONS. In this chapter:
30-2 (1) "Alcohol concentration" has the meaning assigned
30-3 by Section 49.01, Penal Code.
30-4 (2) "Arrest" includes taking into custody of a child,
30-5 as defined by Section 51.02, Family Code.
30-6 (3) "Controlled substance" has the meaning assigned by
30-7 Section 481.002, Health and Safety Code.
30-8 (4) "Criminal charge" includes a charge that may
30-9 result in a proceeding under Title 3, Family Code.
30-10 (5) "Criminal proceeding" includes a proceeding under
30-11 Title 3, Family Code.
30-12 (6) [(3)] "Dangerous drug" has the meaning assigned by
30-13 Section 483.001, Health and Safety Code.
30-14 (7) [(4)] "Department" means the Department of Public
30-15 Safety.
30-16 (8) [(5)] "Drug" has the meaning assigned by Section
30-17 481.002, Health and Safety Code.
30-18 (9) [(6)] "Intoxicated" has the meaning assigned by
30-19 Section 49.01, Penal Code.
30-20 (10) [(7)] "License" has the meaning assigned by
30-21 Section 521.001.
30-22 (11) [(8)] "Operate" means to drive or be in actual
30-23 control of a motor vehicle or watercraft.
30-24 (12) [(9)] "Public place" has the meaning assigned by
30-25 Section 1.07, Penal Code.
30-26 SECTION 30. Section 724.011(a), Transportation Code, is
30-27 amended to read as follows:
31-1 (a) If a person is arrested for an offense arising out of
31-2 acts alleged to have been committed while the person was operating
31-3 a motor vehicle in a public place, or a watercraft, while
31-4 intoxicated, or an offense under Section 106.041, Alcoholic
31-5 Beverage Code, the person is deemed to have consented, subject to
31-6 this chapter, to submit to the taking of one or more specimens of
31-7 the person's breath or blood for analysis to determine the alcohol
31-8 concentration or the presence in the person's body of a controlled
31-9 substance, drug, dangerous drug, or other substance.
31-10 SECTION 31. Section 724.012(a), Transportation Code, is
31-11 amended to read as follows:
31-12 (a) One or more specimens of a person's breath or blood may
31-13 be taken if the person is arrested and at the request of a peace
31-14 officer having reasonable grounds to believe the person:
31-15 (1) while intoxicated was operating a motor vehicle in
31-16 a public place, or a watercraft; or
31-17 (2) was in violation of Section 106.041, Alcoholic
31-18 Beverage Code.
31-19 SECTION 32. Section 724.015, Transportation Code, is amended
31-20 to read as follows:
31-21 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
31-22 REQUESTING SPECIMEN. Before requesting a person to submit to the
31-23 taking of a specimen, the officer shall inform the person orally
31-24 and in writing that:
31-25 (1) if the person refuses to submit to the taking of
31-26 the specimen, that refusal may be admissible in a subsequent
31-27 prosecution;
32-1 (2) if the person refuses to submit to the taking of
32-2 the specimen, the person's license to operate a motor vehicle will
32-3 be automatically suspended, whether or not the person is
32-4 subsequently prosecuted as a result of the arrest, for[:]
32-5 [(A)] not less than 90 days [if the person is 21
32-6 years of age or older; or]
32-7 [(B) one year if the person is younger than 21
32-8 years of age];
32-9 (3) if the person is 21 years of age or older and
32-10 submits to the taking of a specimen designated by the officer and
32-11 an analysis of the specimen shows the person had an alcohol
32-12 concentration of a level specified by Chapter 49, Penal Code, the
32-13 person's license to operate a motor vehicle will be automatically
32-14 suspended for not less than 60 days, whether or not the person is
32-15 subsequently prosecuted as a result of the arrest;
32-16 (4) if the person is younger than 21 years of age and
32-17 has any detectable amount of alcohol in the person's system, the
32-18 person's license to operate a motor vehicle will be automatically
32-19 suspended for not less than 60 days even if the person submits to
32-20 the taking of the specimen, but that if the person submits to the
32-21 taking of the specimen and an analysis of the specimen shows that
32-22 the person had an alcohol concentration less than the level
32-23 specified by Chapter 49, Penal Code, the person may be subject to
32-24 criminal penalties less severe than those provided under that
32-25 chapter;
32-26 (5) if the officer determines that the person is a
32-27 resident without a license to operate a motor vehicle in this
33-1 state, the department will deny to the person the issuance of a
33-2 license, whether or not the person is subsequently prosecuted as a
33-3 result of the arrest, under the same conditions and for the same
33-4 periods that would have applied to a revocation of the person's
33-5 driver's license if the person had held a driver's license issued
33-6 by this state [if:]
33-7 [(A) the person refuses to submit to the taking
33-8 of a specimen, in which case the denial is for:]
33-9 [(i) not less than 90 days if the person
33-10 is 21 years of age or older; or]
33-11 [(ii) one year if the person is younger
33-12 than 21 years of age; or]
33-13 [(B) a specimen designated by the officer is
33-14 taken and an analysis of the specimen shows the person had an
33-15 alcohol concentration of a level specified by Section 49.01(2)(B),
33-16 Penal Code, in which case the denial is for not less than 60 days];
33-17 and
33-18 (6) [(5)] the person has a right to a hearing on the
33-19 suspension or denial if, not later than the 15th day after the date
33-20 on which the person receives the notice of suspension or denial or
33-21 on which the person is considered to have received the notice by
33-22 mail as provided by law, the department receives, at its
33-23 headquarters in Austin, a written demand, including a facsimile
33-24 transmission, or a request in another form prescribed by the
33-25 department for the hearing.
33-26 SECTION 33. Sections 724.035(a), (b), and (c),
33-27 Transportation Code, are amended to read as follows:
34-1 (a) If a person refuses the request of a peace officer to
34-2 submit to the taking of a specimen, the department shall:
34-3 (1) suspend the person's license to operate a motor
34-4 vehicle on a public highway for 90 days [if the person is 21 years
34-5 of age or older or one year if the person is younger than 21 years
34-6 of age]; or
34-7 (2) if the person is a resident without a license,
34-8 issue an order denying the issuance of a license to the person for
34-9 90 days [if the person is 21 years of age or older or one year if
34-10 the person is younger than 21 years of age].
34-11 (b) The period of suspension or denial is 180 days if the
34-12 person's driving record shows one or more alcohol-related or
34-13 drug-related enforcement contacts, as defined by Section
34-14 524.001(3)(B) or (C) [524.001], during the five years preceding the
34-15 date of the person's arrest.
34-16 (c) The period of suspension or denial is one year if the
34-17 person's driving record shows one or more alcohol-related or
34-18 drug-related enforcement contacts, as defined by Section
34-19 524.001(3)(A) [524.001], during the five years preceding the date
34-20 of the person's arrest.
34-21 SECTION 34. Section 724.048(c), Transportation Code, is
34-22 amended to read as follows:
34-23 (c) If a criminal charge arising from the same arrest as a
34-24 suspension under this chapter [under Chapter 49, Penal Code,]
34-25 results in an acquittal, the [a] suspension under this chapter may
34-26 not be imposed. If a suspension under this chapter has already
34-27 been imposed, the department shall rescind the suspension and
35-1 remove references to the suspension from the computerized driving
35-2 record of the individual.
35-3 SECTION 35. Section 724.064, Transportation Code, is amended
35-4 to read as follows:
35-5 Sec. 724.064. ADMISSIBILITY IN CRIMINAL PROCEEDING OF
35-6 SPECIMEN ANALYSIS. On the trial of a criminal proceeding arising
35-7 out of an offense under Chapter 49, Penal Code, involving the
35-8 operation of a motor vehicle or a watercraft, or an offense under
35-9 Section 106.041, Alcoholic Beverage Code, evidence of the alcohol
35-10 concentration or presence of a controlled substance, drug,
35-11 dangerous drug, or other substance as shown by analysis of a
35-12 specimen of the person's blood, breath, or urine or any other
35-13 bodily substance taken at the request or order of a peace officer
35-14 is admissible.
35-15 SECTION 36. Article 4.11(a), Code of Criminal Procedure, is
35-16 amended to read as follows:
35-17 (a) Justices of the peace shall have original jurisdiction
35-18 in criminal cases:
35-19 (1) punishable by fine only[;] or
35-20 [(2)] punishable by:
35-21 (A) a fine; and
35-22 (B) as authorized by statute, a sanction not
35-23 consisting of confinement or imprisonment that is rehabilitative or
35-24 remedial in nature; or
35-25 (2) arising under Chapter 106, Alcoholic Beverage
35-26 Code, that do not include confinement as an authorized sanction.
35-27 SECTION 37. Article 4.14(b), Code of Criminal Procedure, is
36-1 amended to read as follows:
36-2 (b) The municipal court shall have concurrent jurisdiction
36-3 with the justice court of a precinct in which the municipality is
36-4 located in all criminal cases arising under state law that:
36-5 (1) arise within the territorial limits of the
36-6 municipality[;] and
36-7 [(2)] are punishable by fine only, as defined in
36-8 Subsection (c) of this article; or
36-9 (2) arise under Chapter 106, Alcoholic Beverage Code,
36-10 and do not include confinement as an authorized sanction.
36-11 SECTION 38. Section 29.003(b), Government Code, is amended
36-12 to read as follows:
36-13 (b) The municipal court has concurrent jurisdiction with the
36-14 justice court of a precinct in which the municipality is located in
36-15 all criminal cases arising under state law that:
36-16 (1) arise within the territorial limits of the
36-17 municipality[;] and
36-18 [(2)] are punishable only by a fine, as defined in
36-19 Subsection (c) of this section; or
36-20 (2) arise under Chapter 106, Alcoholic Beverage Code,
36-21 and do not include confinement as an authorized sanction.
36-22 SECTION 39. Section 521.298, Transportation Code, is
36-23 repealed.
36-24 SECTION 40. (a) The changes in law made by this Act apply
36-25 only to an offense committed on or after the effective date of this
36-26 Act. For the purposes of this section, an offense is committed
36-27 before the effective date of this Act if any element of the offense
37-1 occurs before that date.
37-2 (b) An offense committed before the effective date of this
37-3 Act is covered by the law in effect when the offense was committed,
37-4 and the former law is continued in effect for that purpose.
37-5 SECTION 41. This Act takes effect September 1, 1997.
37-6 SECTION 42. The importance of this legislation and the
37-7 crowded condition of the calendars in both houses create an
37-8 emergency and an imperative public necessity that the
37-9 constitutional rule requiring bills to be read on three several
37-10 days in each house be suspended, and this rule is hereby suspended.