By West, et al. S.B. No. 35
75R3393 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to driving while intoxicated or under the influence of
1-3 alcohol by a minor and other actions of a minor concerning the
1-4 acquisition, possession, and use of alcohol; 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 defendent that the
4-14 defendent 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) If a child has been previously convicted twice or more
4-22 of offenses under this section, the proceeding shall be commenced
4-23 in the county in which the child resides.
4-24 (e) In addition to any fine and any order issued under
4-25 Section 106.115, the court shall order a minor convicted of an
5-1 offense under this section to perform community service for:
5-2 (1) not less than 20 or more than 40 hours, if the
5-3 minor has not been previously convicted of an offense under this
5-4 section; or
5-5 (2) not less than 40 or more than 60 hours, if the
5-6 minor has been previously convicted of an offense under this
5-7 section.
5-8 (f) A minor who commits an offense under this section and
5-9 who has been previously convicted twice or more of offenses under
5-10 this section is not eligible for deferred adjudication.
5-11 (g) An offense under this section is not a lesser included
5-12 offense under Section 49.04, Penal Code.
5-13 (h) For the purpose of determining whether a minor has been
5-14 previously convicted of an offense under this section, an
5-15 adjudication under Title 3, Family Code, that the minor engaged in
5-16 conduct described by this section is considered a conviction under
5-17 this section.
5-18 (i) In this section:
5-19 (1) "Child" has the meaning assigned by Section 51.02,
5-20 Family Code.
5-21 (2) "Motor vehicle" has the meaning assigned by
5-22 Section 32.34(a), Penal Code.
5-23 (3) "Public place" has the meaning assigned by Section
5-24 1.07, Penal Code.
5-25 SECTION 6. Section 106.05, Alcoholic Beverage Code, is
6-1 amended to read as follows:
6-2 Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR. (a) A
6-3 [Except as provided in Subsection (b) of this section, a] minor
6-4 commits an offense if he possesses an alcoholic beverage.
6-5 (b) It is an affirmative defense to prosecution under this
6-6 section that the minor possessed the [A minor may possess an]
6-7 alcoholic beverage:
6-8 (1) while in the course and scope of his employment if
6-9 he is an employee of a licensee or permittee and the employment is
6-10 not prohibited by this code; or
6-11 (2) if he is in the visible presence of the minor's
6-12 [an] adult parent, guardian, or spouse, or other adult to whom he
6-13 has been committed by a court.
6-14 (c) An offense under this section is punishable as provided
6-15 by Section 106.071 [Except as provided in Subsection (d) of this
6-16 section, a violation of this section is a misdemeanor punishable by
6-17 a fine of not less than $25 nor more than $200.]
6-18 [(d) If a person has been previously convicted of a
6-19 violation of this section, or of Section 106.02 or 106.04 of this
6-20 code, a violation is a misdemeanor punishable by a fine of not less
6-21 than $500 nor more than $1,000].
6-22 SECTION 7. Section 106.06(c), Alcoholic Beverage Code, is
6-23 amended to read as follows:
6-24 (c) An offense under this section is a Class B misdemeanor
6-25 [A violation of this section is a misdemeanor punishable by a fine
7-1 of not less than $100 nor more than $500].
7-2 SECTION 8. Section 106.07, Alcoholic Beverage Code, is
7-3 amended to read as follows:
7-4 Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR. (a) A
7-5 minor commits an offense if he falsely states that he is 21 years
7-6 of age or older or presents any document that indicates he is 21
7-7 years of age or older to a person engaged in selling or serving
7-8 alcoholic beverages.
7-9 (b) An offense under this section is punishable as provided
7-10 by Section 106.071 [Except as provided in Subsection (c) of this
7-11 section, a violation of this section is a misdemeanor punishable by
7-12 a fine of not less than $25 nor more than $200.]
7-13 [(c) If a person has been previously convicted of a
7-14 violation of this section, a violation is a misdemeanor punishable
7-15 by a fine of not less than $100 nor more than $500].
7-16 SECTION 9. Chapter 106, Alcoholic Beverage Code, is amended
7-17 by adding Section 106.071 to read as follows:
7-18 Sec. 106.071. PUNISHMENT FOR ALCOHOL RELATED OFFENSE BY
7-19 MINOR. (a) This section applies to an offense under Section
7-20 106.02, 106.025, 106.04, 106.05, or 106.07.
7-21 (b) Except as provided by Subsection (c), an offense to
7-22 which this section applies is a Class C misdemeanor.
7-23 (c) If it is shown at the trial of the defendant that the
7-24 defendant is a minor who is not a child and who has been previously
7-25 convicted at least twice of an offense to which this section
8-1 applies, the offense is punishable by:
8-2 (1) a fine of not less than $250 or more than $2,000;
8-3 (2) confinement in jail for a term not to exceed 180
8-4 days; or
8-5 (3) both the fine and confinement.
8-6 (d) In addition to any fine and any order issued under
8-7 Section 106.115:
8-8 (1) the court shall order a minor convicted of an
8-9 offense to which this section applies to perform community service
8-10 for:
8-11 (A) not less than eight or more than 12 hours,
8-12 if the minor has not been previously convicted of an offense to
8-13 which this section applies, except that if the minor resides in an
8-14 area in which access to an alcohol awareness course is not readily
8-15 available, the court shall order the minor to perform community
8-16 service for not less than eight or more than 20 hours; 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) Except as provided by Subsection (b), on
9-19 conviction of a minor of an offense under Section 106.02, 106.025,
9-20 106.04, 106.041, [or] 106.05, or 106.07, the court, in addition to
9-21 assessing a fine as provided by those sections, shall require a
9-22 [the] defendant who has not been previously convicted of an offense
9-23 under one of those sections to attend an alcohol awareness course
9-24 approved by the Texas Commission on Alcohol and Drug Abuse. If the
9-25 defendant has been previously convicted once or more of an offense
10-1 under one or more of those sections, the court may require the
10-2 defendant to attend the alcohol awareness course. If the defendant
10-3 is younger than 18 years of age, the court may require the parent
10-4 or guardian of the defendant to attend the course with the
10-5 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
10-20 evidence within the prescribed period, the court may reduce the
10-21 assessed fine to an amount equal to no less than one-half of the
10-22 amount of 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 Section 106.116 to read as follows:
11-12 Sec. 106.116. REPORTS OF ADJUDICATION OR CONVICTION UNDER
11-13 THIS CHAPTER. Unless the clerk is otherwise required to include
11-14 the information in a report submitted under Section 101.09, the
11-15 clerk of a court, including a justice court, municipal court, or
11-16 juvenile court, shall furnish to the commission on request a notice
11-17 of an adjudication under Title 3, Family Code, or a conviction of
11-18 an offense under this chapter. The report must be in the form
11-19 prescribed by the commission.
11-20 SECTION 12. Section 51.02(15), Family Code, is amended to
11-21 read as follows:
11-22 (15) "Status offender" means a child who is accused,
11-23 adjudicated, or convicted for conduct that would not, under state
11-24 law, be a crime if committed by an adult, including:
11-25 (A) truancy under Section 51.03(b)(2);
12-1 (B) running away from home under Section
12-2 51.03(b)(3);
12-3 (C) a fineable only offense under Section
12-4 51.03(b)(1) transferred to the juvenile court under Section
12-5 51.08(b), but only if the conduct constituting the offense would
12-6 not have been criminal if engaged in by an adult;
12-7 (D) failure to attend school under Section
12-8 4.251, Education Code;
12-9 (E) a violation of standards of student conduct
12-10 as described by Section 51.03(b)(5) [51.03(b)(6)];
12-11 (F) a violation of a juvenile curfew ordinance
12-12 or order;
12-13 (G) a violation of a provision of the Alcoholic
12-14 Beverage Code applicable to minors only; or
12-15 (H) a violation of any other fineable only
12-16 offense under Section 8.07(a)(4) or (5), Penal Code, but only if
12-17 the conduct constituting the offense would not have been criminal
12-18 if engaged in by an adult.
12-19 SECTION 13. Sections 51.03(a) and (b), Family Code, are
12-20 amended to read as follows:
12-21 (a) Delinquent conduct is:
12-22 (1) conduct, other than a traffic offense, that
12-23 violates a penal law of this state or of the United States
12-24 punishable by imprisonment or by confinement in jail;
12-25 (2) conduct that violates a reasonable and lawful
13-1 order of a juvenile court entered under Section 54.04 or 54.05 of
13-2 this code, except an order prohibiting the following conduct:
13-3 (A) a violation of the penal laws of this state
13-4 of the grade of misdemeanor that is punishable by fine only or a
13-5 violation of the penal ordinances of any political subdivision of
13-6 this state;
13-7 (B) the unexcused voluntary absence of a child
13-8 from school; or
13-9 (C) the voluntary absence of a child from his
13-10 home without the consent of his parent or guardian for a
13-11 substantial length of time or without intent to return;
13-12 (3) conduct that violates a lawful order of a
13-13 municipal court or justice court under circumstances that would
13-14 constitute contempt of that court; [or]
13-15 (4) conduct that violates Section 49.04, Penal Code,
13-16 or that violates Section 49.07 or 49.08 of that code and involves
13-17 the operation of a motor vehicle; or
13-18 (5) conduct that violates Section 106.041, Alcoholic
13-19 Beverage Code, relating to driving under the influence of alcohol
13-20 by a minor [the laws of this state prohibiting driving while
13-21 intoxicated or under the influence of intoxicating liquor (third or
13-22 subsequent offense) or driving while under the influence of any
13-23 narcotic drug or of any other drug to the degree that renders the
13-24 child incapable of safely driving a vehicle] (third or subsequent
13-25 offense).
14-1 (b) Conduct indicating a need for supervision is:
14-2 (1) subject to Subsection (f) of this section,
14-3 conduct, other than a traffic offense, that violates:
14-4 (A) the penal laws of this state of the grade of
14-5 misdemeanor that are punishable by fine only; or
14-6 (B) the penal ordinances of any political
14-7 subdivision of this state;
14-8 (2) the unexcused voluntary absence of a child on 10
14-9 or more days or parts of days within a six-month period or three
14-10 or more days or parts of days within a four-week period from school
14-11 without the consent of his parents;
14-12 (3) the voluntary absence of a child from his home
14-13 without the consent of his parent or guardian for a substantial
14-14 length of time or without intent to return;
14-15 (4) [conduct which violates the laws of this state
14-16 prohibiting driving while intoxicated or under the influence of
14-17 intoxicating liquor (first or second offense) or driving while
14-18 under the influence of any narcotic drug or of any other drug to a
14-19 degree which renders him incapable of safely driving a vehicle
14-20 (first or second offense);]
14-21 [(5)] conduct prohibited by city ordinance or by state
14-22 law involving the inhalation of the fumes or vapors of paint and
14-23 other protective coatings or glue and other adhesives and the
14-24 volatile chemicals itemized in Section 484.002, Health and Safety
14-25 Code;
15-1 (5) [(6)] an act that violates a school district's
15-2 previously communicated written standards of student conduct for
15-3 which the child has been expelled under Section 21.3011, Education
15-4 Code; or
15-5 (6) [(7)] conduct that violates a reasonable and
15-6 lawful order of a court entered under Section 264.305.
15-7 SECTION 14. Section 51.06, Family Code, is amended by
15-8 amending Subsection (a) and adding Subsection (c) to read as
15-9 follows:
15-10 (a) Except as provided by Subsection (c), a [A] proceeding
15-11 under this title shall be commenced in:
15-12 (1) the county in which the child resides; or
15-13 (2) the county in which the alleged delinquent conduct
15-14 or conduct indicating a need for supervision occurred.
15-15 (c) A proceeding that involves delinquent conduct under
15-16 Section 51.03(a)(4) relating to a violation of Section 106.041,
15-17 Alcoholic Beverage Code, driving under the influence of alcohol by
15-18 a minor, shall be commenced in the county in which the child
15-19 resides.
15-20 SECTION 15. Section 52.02, Family Code, is amended by
15-21 amending Subsection (a) and adding Subsection (c) to read as
15-22 follows:
15-23 (a) Except as provided by Subsection (c), a [A] person
15-24 taking a child into custody, without unnecessary delay and without
15-25 first taking the child to any place other than a juvenile
16-1 processing office designated under Section 52.025 of this code,
16-2 shall do one of the following:
16-3 (1) release the child to a parent, guardian, custodian
16-4 of the child, or other responsible adult upon that person's promise
16-5 to bring the child before the juvenile court as requested by the
16-6 court;
16-7 (2) bring the child before the office or official
16-8 designated by the juvenile court if there is probable cause to
16-9 believe that the child engaged in delinquent conduct or conduct
16-10 indicating a need for supervision;
16-11 (3) bring the child to a detention facility designated
16-12 by the juvenile court;
16-13 (4) bring the child to a medical facility if the child
16-14 is believed to suffer from a serious physical condition or illness
16-15 that requires prompt treatment; or
16-16 (5) dispose of the case under Section 52.03 of this
16-17 code.
16-18 (c) A person who takes a child into custody and who has
16-19 reasonable grounds to believe that the child has been operating a
16-20 motor vehicle in a public place while having any detectable amount
16-21 of alcohol in the child's system may, before complying with
16-22 Subsection (a):
16-23 (1) take the child to a place to obtain a specimen of
16-24 the child's breath or blood as provided by Chapter 724,
16-25 Transportation Code; and
17-1 (2) perform intoxilyzer processing and videotaping of
17-2 the child in an adult processing office of a police department.
17-3 SECTION 16. Section 53.03, Family Code, is amended by
17-4 amending Subsection (a) and adding Subsection (g) to read as
17-5 follows:
17-6 (a) Subject to Subsections [Subsection] (e) and (g), if the
17-7 preliminary investigation required by Section 53.01 of this code
17-8 results in a determination that further proceedings in the case are
17-9 authorized, the probation officer or other designated officer of
17-10 the court, subject to the direction of the juvenile court, may
17-11 advise the parties for a reasonable period of time not to exceed
17-12 six months concerning deferred prosecution and rehabilitation of a
17-13 child if:
17-14 (1) deferred prosecution would be in the interest of
17-15 the public and the child;
17-16 (2) the child and his parent, guardian, or custodian
17-17 consent with knowledge that consent is not obligatory; and
17-18 (3) the child and his parent, guardian, or custodian
17-19 are informed that they may terminate the deferred prosecution at
17-20 any point and petition the court for a court hearing in the case.
17-21 (g) Prosecution may not be deferred for a child alleged to
17-22 have engaged in conduct that:
17-23 (1) is an offense under Section 49.04, Penal Code, or
17-24 an offense under Section 49.07 or 49.08 of that code involving the
17-25 operation of a motor vehicle; or
18-1 (2) is a third or subsequent offense under Section
18-2 106.04 or 106.041, Alcoholic Beverage Code.
18-3 SECTION 17. Chapter 54, Family Code, is amended by adding
18-4 Section 54.046 to read as follows:
18-5 Sec. 54.046. ALCOHOL-RELATED OFFENSE. If the court or jury
18-6 finds at an adjudication hearing for a child that the child engaged
18-7 in conduct indicating a need for supervision or delinquent conduct
18-8 that violates the alcohol related offenses in Section 106.02,
18-9 106.025, 106.04, 106.05, or 106.07, Alcoholic Beverage Code, the
18-10 court shall, subject to a finding under Section 54.04(c), order, in
18-11 addition to any other order authorized by this title, that, in the
18-12 manner provided by Section 106.071(d), Alcoholic Beverage Code:
18-13 (1) the child perform community service; and
18-14 (2) the child's driver's license or permit be
18-15 suspended or that the child be denied issuance of a driver's
18-16 license or permit.
18-17 SECTION 18. Chapter 59, Family Code, is amended by adding
18-18 Section 59.0031 to read as follows:
18-19 Sec. 59.0031. SANCTION LEVEL ASSIGNMENT GUIDELINES FOR
18-20 DRIVING WHILE INTOXICATED. Subject to Section 59.003(e), the
18-21 probation department may or the juvenile court may, in a
18-22 disposition hearing under Section 54.04, assign a child, for
18-23 conduct that is an offense under Section 49.04, Penal Code, or an
18-24 offense under Section 49.07 or 49.08 of that code involving the
18-25 operation of a motor vehicle, the following sanction levels:
19-1 (1) for the first offense, the sanction level is two;
19-2 (2) for the second offense, the sanction level is
19-3 three; and
19-4 (3) for the third offense, the sanction level is four.
19-5 SECTION 19. Section 521.145, Transportation Code, is amended
19-6 to read as follows:
19-7 Sec. 521.145. APPLICATION BY MINOR. (a) The application of
19-8 an applicant under 18 years of 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 20. Section 524.001, Transportation Code, is amended
19-21 to read as follows:
19-22 Sec. 524.001. DEFINITIONS. In this chapter:
19-23 (1) "Adult" means an individual 21 years of age or
19-24 older.
19-25 (2) "Alcohol concentration" has the meaning assigned
20-1 by Section 49.01, Penal Code.
20-2 (3) [(2)] "Alcohol-related or drug-related enforcement
20-3 contact" means a driver's license suspension, disqualification, or
20-4 prohibition order under the laws of this state or another state
20-5 resulting from:
20-6 (A) a conviction of an offense prohibiting the
20-7 operation of a motor vehicle while:
20-8 (i) intoxicated;
20-9 (ii) under the influence of alcohol; or
20-10 (iii) under the influence of a controlled
20-11 substance;
20-12 (B) a refusal to submit to the taking of a
20-13 breath or blood specimen following an arrest for an offense
20-14 prohibiting the operation of a motor vehicle while:
20-15 (i) intoxicated;
20-16 (ii) under the influence of alcohol; or
20-17 (iii) under the influence of a controlled
20-18 substance; or
20-19 (C) an analysis of a breath or blood specimen
20-20 showing an alcohol concentration of a level specified by Section
20-21 49.01, Penal Code, following an arrest for an offense prohibiting
20-22 the operation of a motor vehicle while intoxicated.
20-23 (4) "Arrest" includes taking into custody of a child,
20-24 as defined by Section 51.02, Family Code.
20-25 (5) "Conviction" includes an adjudication under Title
21-1 3, Family Code.
21-2 (6) "Criminal charge" includes a charge that may
21-3 result in a proceeding under Title 3, Family Code.
21-4 (7) "Criminal prosecution" includes a proceeding under
21-5 Title 3, Family Code.
21-6 (8) [(3)] "Department" means the Department of Public
21-7 Safety.
21-8 (9) [(4)] "Director" means the public safety director
21-9 of the department.
21-10 (10) [(5)] "Driver's license" has the meaning assigned
21-11 by Section 521.001.
21-12 (11) "Minor" means an individual under 21 years of
21-13 age.
21-14 (12) [(6)] "Public place" has the meaning assigned by
21-15 Section 1.07(a), Penal Code.
21-16 SECTION 21. Section 524.011, Transportation Code, is amended
21-17 to read as follows:
21-18 Sec. 524.011. ARRESTING OFFICER'S DUTIES FOR DRIVER'S
21-19 LICENSE SUSPENSION. (a) An officer arresting a person shall
21-20 comply with Subsection (b) if:
21-21 (1) the [If a] person is arrested for an offense under
21-22 Section 49.04, Penal Code, or an offense under Section 49.07 or
21-23 49.08 of that code involving the operation of a motor vehicle,
21-24 submits to the taking of a specimen of breath or blood and an
21-25 analysis of the specimen shows the person had an alcohol
22-1 concentration of a level specified by Section 49.01(2)(B), Penal
22-2 Code; or
22-3 (2) the person is a minor arrested for an offense
22-4 under Section 106.041, Alcoholic Beverage Code, or Section 49.04,
22-5 Penal Code, or an offense under Section 49.07 or 49.08, Penal Code,
22-6 involving the operation of a motor vehicle and:
22-7 (A) the minor is not requested to submit to the
22-8 taking of a specimen; or
22-9 (B) the minor submits to the taking of a
22-10 specimen and an analysis of the specimen shows that the minor had
22-11 an alcohol concentration of greater than .00 but less than the
22-12 level specified by Section 49.01(2)(B), Penal Code.
22-13 (b) The [, the] arresting officer shall:
22-14 (1) serve or, if a specimen is taken and the analysis
22-15 of the specimen is not returned to the arresting officer before the
22-16 person is admitted to bail, released from custody, delivered as
22-17 provided by Title 3, Family Code, or committed to jail, attempt to
22-18 serve notice of driver's license suspension by personally
22-19 delivering the notice to the arrested person; and
22-20 (2) send to the department not later than the fifth
22-21 business day after the date of the arrest:
22-22 (A) a copy of the driver's license suspension
22-23 notice; and
22-24 (B) a sworn report of information relevant to
22-25 the arrest.
23-1 (c) [(b)] The report required under Subsection (b)(2)(B)
23-2 [(a)(2)(B)] must:
23-3 (1) identify the arrested person;
23-4 (2) state the arresting officer's grounds for
23-5 believing the person committed the offense;
23-6 (3) give the analysis of the specimen if any; and
23-7 (4) include a copy of the criminal complaint filed in
23-8 the case, if any.
23-9 (d) [(c)] An arresting officer shall make the report on a
23-10 form approved by the department and in the manner specified by the
23-11 department.
23-12 (e) [(d)] The department shall develop a form for the notice
23-13 of driver's license suspension that shall be used by all state and
23-14 local law enforcement agencies.
23-15 SECTION 22. Sections 524.012(b) and (c), Transportation
23-16 Code, are amended to read as follows:
23-17 (b) The department shall suspend the person's driver's
23-18 license if the department determines that:
23-19 (1) the person had an alcohol concentration of a level
23-20 specified by Section 49.01(2)(B), Penal Code, while operating a
23-21 motor vehicle in a public place; or
23-22 (2) the person is a minor and had any detectable
23-23 amount of alcohol in the minor's system while operating a motor
23-24 vehicle in a public place.
23-25 (c) The department may not suspend a person's driver's
24-1 license if:
24-2 (1) the person is an adult and the analysis of the
24-3 person's breath or blood specimen determined that the person had an
24-4 alcohol concentration of a level below that specified by Section
24-5 49.01(2)(B), Penal Code, at the time the specimen was taken; or
24-6 (2) the person is a minor and the department does not
24-7 determine that the minor had any detectable amount of alcohol in
24-8 the minor's system when the minor was arrested.
24-9 SECTION 23. Section 524.022, Transportation Code, is amended
24-10 to read as follows:
24-11 Sec. 524.022. PERIOD OF SUSPENSION. (a) A period of
24-12 suspension under this chapter for an adult is:
24-13 (1) 60 days if the person's driving record shows no
24-14 alcohol-related or drug-related enforcement contact during the five
24-15 years preceding the date of the person's arrest;
24-16 (2) 120 days if the person's driving record shows one
24-17 or more alcohol-related or drug-related enforcement contacts, as
24-18 defined by Section 524.001(2)(B) or (C), during the five years
24-19 preceding the date of the person's arrest; or
24-20 (3) 180 days if the person's driving record shows one
24-21 or more alcohol-related or drug-related enforcement contacts, as
24-22 defined by Section 524.001(2)(A), during the five years preceding
24-23 the date of the person's arrest.
24-24 (b) A period of suspension under this chapter for a minor
24-25 is:
25-1 (1) 120 days if the minor has not been previously
25-2 convicted of an offense under Section 106.041, Alcoholic Beverage
25-3 Code, or Section 49.04, Penal Code, or an offense under Section
25-4 49.07 or 49.08, Penal Code, involving the operation of a motor
25-5 vehicle;
25-6 (2) 150 days if the minor has been previously
25-7 convicted once of an offense listed by Subdivision (1); or
25-8 (3) 180 days if the minor has been previously
25-9 convicted twice or more of an offense listed by Subdivision (1).
25-10 (c) A minor whose driver's license is suspended under this
25-11 chapter is not eligible for an occupational license under
25-12 Subchapter L, Chapter 521, for:
25-13 (1) the first 30 days of a suspension under Subsection
25-14 (b)(1);
25-15 (2) the first 90 days of a suspension under Subsection
25-16 (b)(2); or
25-17 (3) the entire period of a suspension under Subsection
25-18 (b)(3).
25-19 SECTION 24. Section 524.023, Transportation Code, is amended
25-20 to read as follows:
25-21 Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS.
25-22 (a) If a person is convicted of an offense under Section 106.041,
25-23 Alcoholic Beverage Code, or Section 49.04, 49.07, or 49.08, Penal
25-24 Code, and if any conduct on which that conviction is based is a
25-25 ground for a driver's license suspension under this chapter and
26-1 Section 106.041, Alcoholic Beverage Code, Subchapter O, Chapter
26-2 521, or Subchapter H, Chapter 522, each of the suspensions shall be
26-3 imposed.
26-4 (b) The court imposing a driver's license suspension under
26-5 Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as
26-6 required by Subsection (a) shall credit a period of suspension
26-7 imposed under this chapter toward the period of suspension required
26-8 under Section 106.041, Alcoholic Beverage Code, or Subchapter O,
26-9 Chapter 521, or Subchapter H, Chapter 522, unless the person was
26-10 convicted of an offense under Article 6701l-1, Revised Statutes, as
26-11 that law existed before September 1, 1994, Section 19.05(a)(2),
26-12 Penal Code, as that law existed before September 1, 1994, [or]
26-13 Section 49.04, 49.07, or 49.08, Penal Code, or Section 106.041,
26-14 Alcoholic Beverage Code, before the date of the conviction on which
26-15 the suspension is based, in which event credit may not be given.
26-16 SECTION 25. Sections 524.035(a) and (d), Transportation
26-17 Code, are amended to read as follows:
26-18 (a) The issues that must be proved at a hearing by a
26-19 preponderance of the evidence are:
26-20 (1) whether:
26-21 (A) [(1)] the person had an alcohol
26-22 concentration of a level specified by Section 49.01(2)(B), Penal
26-23 Code, while operating a motor vehicle in a public place; or
26-24 (B) the person is a minor and had any detectable
26-25 amount of alcohol in the minor's system while operating a motor
27-1 vehicle in a public place; and
27-2 (2) whether reasonable suspicion to stop or probable
27-3 cause to arrest the person existed.
27-4 (d) An administrative law judge may not find in the
27-5 affirmative on the issue in Subsection (a)(1) if:
27-6 (1) the person is an adult and the analysis of the
27-7 person's breath or blood determined that the person had an alcohol
27-8 concentration of a level below that specified by Section 49.01,
27-9 Penal Code, at the time the specimen was taken; or
27-10 (2) the person is a minor and the administrative law
27-11 judge does not find that the minor had any detectable amount of
27-12 alcohol in the minor's system when the minor was arrested.
27-13 SECTION 26. Section 524.042(a), Transportation Code, is
27-14 amended to read as follows:
27-15 (a) A suspension of a driver's license under this chapter is
27-16 stayed on the filing of an appeal petition only if:
27-17 (1) the person's driver's license has not been
27-18 suspended as a result of an alcohol-related or drug-related
27-19 enforcement contact during the five years preceding the date of the
27-20 person's arrest; and
27-21 (2) the person has not been convicted during the 10
27-22 years preceding the date of the person's arrest of an offense
27-23 under:
27-24 (A) Article 6701l-1, Revised Statutes, as that
27-25 law existed before September 1, 1994;
28-1 (B) Section 19.05(a)(2), Penal Code, as that law
28-2 existed before September 1, 1994;
28-3 (C) Section 49.04, Penal Code; [or]
28-4 (D) Section 49.07 or 49.08, Penal Code, if the
28-5 offense involved the operation of a motor vehicle; or
28-6 (E) Section 106.041, Alcoholic Beverage Code.
28-7 SECTION 27. Section 524.043(d), Transportation Code, is
28-8 amended to read as follows:
28-9 (d) An administrative law judge may change a finding or
28-10 decision as to whether the person had an alcohol concentration of a
28-11 level specified in Section 49.01, Penal Code, or whether a minor
28-12 had any detectable amount of alcohol in the minor's system because
28-13 of the additional evidence and shall file the additional evidence
28-14 and any changes, new findings, or decisions with the reviewing
28-15 court.
28-16 SECTION 28. Section 724.001, Transportation Code, is amended
28-17 to read as follows:
28-18 Sec. 724.001. DEFINITIONS. In this chapter:
28-19 (1) "Alcohol concentration" has the meaning assigned
28-20 by Section 49.01, Penal Code.
28-21 (2) "Arrest" includes taking into custody of a child,
28-22 as defined by Section 51.02, Family Code.
28-23 (3) [(2)] "Controlled substance" has the meaning
28-24 assigned by Section 481.002, Health and Safety Code.
28-25 (4) "Criminal charge" includes a charge that may
29-1 result in a proceeding under Title 3, Family Code.
29-2 (5) "Criminal proceeding" includes a proceeding under
29-3 Title 3, Family Code.
29-4 (6) [(3)] "Dangerous drug" has the meaning assigned by
29-5 Section 483.001, Health and Safety Code.
29-6 (7) [(4)] "Department" means the Department of Public
29-7 Safety.
29-8 (8) [(5)] "Drug" has the meaning assigned by Section
29-9 481.002, Health and Safety Code.
29-10 (9) [(6)] "Intoxicated" has the meaning assigned by
29-11 Section 49.01, Penal Code.
29-12 (10) [(7)] "License" has the meaning assigned by
29-13 Section 521.001.
29-14 (11) [(8)] "Operate" means to drive or be in actual
29-15 control of a motor vehicle or watercraft.
29-16 (12) [(9)] "Public place" has the meaning assigned by
29-17 Section 1.07, Penal Code.
29-18 SECTION 29. Section 724.011(a), Transportation
29-19 Code, is amended to read as follows:
29-20 (a) If a person is arrested for an offense arising out of
29-21 acts alleged to have been committed while the person was operating
29-22 a motor vehicle in a public place, or a watercraft, while
29-23 intoxicated, or an offense under Section 106.041, Alcoholic
29-24 Beverage Code, the person is deemed to have consented, subject to
29-25 this chapter, to submit to the taking of one or more specimens of
30-1 the person's breath or blood for analysis to determine the alcohol
30-2 concentration or the presence in the person's body of a controlled
30-3 substance, drug, dangerous drug, or other substance.
30-4 SECTION 30. Section 724.012(a), Transportation Code, is
30-5 amended to read as follows:
30-6 (a) One or more specimens of a person's breath or blood may
30-7 be taken if the person is arrested and at the request of a peace
30-8 officer having reasonable grounds to believe the person:
30-9 (1) while intoxicated was operating a motor vehicle in
30-10 a public place, or a watercraft; or
30-11 (2) was in violation of Section 106.041, Alcoholic
30-12 Beverage Code.
30-13 SECTION 31. Section 724.015, Transportation Code, is amended
30-14 to read as follows:
30-15 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
30-16 REQUESTING SPECIMEN. (a) Before requesting a person to submit to
30-17 the taking of a specimen, the officer shall inform the person
30-18 orally and in writing that:
30-19 (1) if the person refuses to submit to the taking of
30-20 the specimen, that refusal may be admissible in a subsequent
30-21 prosecution;
30-22 (2) if the person refuses to submit to the taking of
30-23 the specimen, the person's license to operate a motor vehicle will
30-24 be automatically suspended, whether or not the person is
30-25 subsequently prosecuted as a result of the arrest, for:
31-1 (A) not less than 90 days if the person is 21
31-2 years of age or older; or
31-3 (B) one year if the person is younger than 21
31-4 years of age;
31-5 (3) if the person is 21 years of age or older and
31-6 submits to the taking of a specimen designated by the officer and
31-7 an analysis of the specimen shows the person had an alcohol
31-8 concentration of a level specified by Chapter 49, Penal Code, the
31-9 person's license to operate a motor vehicle will be automatically
31-10 suspended for not less than 60 days, whether or not the person is
31-11 subsequently prosecuted as a result of the arrest;
31-12 (4) if the person is younger than 21 years of age and
31-13 has any detectable amount of alcohol in the person's system, the
31-14 person's license to operate a motor vehicle will be automatically
31-15 suspended for not less than 120 days even if the person submits to
31-16 the taking of the specimen, but that if the person submits to the
31-17 taking of the specimen and an analysis of the specimen shows the
31-18 person had an alcohol concentration less than the level specified
31-19 by Chapter 49, Penal Code, the person may be subject to criminal
31-20 penalties less severe than those provided under that chapter;
31-21 (5) if the officer determines that the person is a
31-22 resident without a license to operate a motor vehicle in this
31-23 state, the department will deny to the person the issuance of a
31-24 license, whether or not the person is subsequently prosecuted as a
31-25 result of the arrest, under the same conditions and for the same
32-1 periods that would have applied to a revocation of the person's
32-2 driver's license if the person had held a driver's license issued
32-3 by this state [if:]
32-4 [(A) the person refuses to submit to the taking
32-5 of a specimen, in which case the denial is for:]
32-6 [(i) not less than 90 days if the person
32-7 is 21 years of age or older; or]
32-8 [(ii) one year if the person is younger
32-9 than 21 years of age; or]
32-10 [(B) a specimen designated by the officer is
32-11 taken and an analysis of the specimen shows the person had an
32-12 alcohol concentration of a level specified by Section 49.01(2)(B),
32-13 Penal Code, in which case the denial is for not less than 60 days];
32-14 and
32-15 (6) [(5)] the person has a right to a hearing on the
32-16 suspension or denial if, not later than the 15th day after the
32-17 date on which the person receives the notice of suspension or
32-18 denial or on which the person is considered to have received the
32-19 notice by mail as provided by law, the department receives, at its
32-20 headquarters in Austin, a written demand, including a facsimile
32-21 transmission, or a request in another form prescribed by the
32-22 department for the hearing.
32-23 (b) On request by the arrested person after the officer has
32-24 complied with Subsection (a), the officer, in a manner that is not
32-25 coercive or misleading, shall explain the information required by
33-1 this section or provide additional information about the
33-2 consequences of the person's submitting or refusing to submit to
33-3 the taking of the specimen. The provision by the officer of true
33-4 information is presumed to be not coercive.
33-5 (c) Evidence of a person's refusal to submit to the taking
33-6 of a specimen or of the analysis of the specimen is admissible in
33-7 court if the arresting officer substantially complies with this
33-8 section. The evidence is not made inadmissible by a harmless error
33-9 of the officer in providing information about the consequences of
33-10 the person's submitting or refusing to submit to the taking of the
33-11 specimen.
33-12 SECTION 32. Sections 724.035(b) and (c), Transportation
33-13 Code, are amended to read as follows:
33-14 (b) The period of suspension or denial is 180 days if the
33-15 person is 21 years of age or older and the person's driving record
33-16 shows one or more alcohol-related or drug-related enforcement
33-17 contacts, as defined by Section 524.001(3)(B) or (C) [524.001],
33-18 during the five years preceding the date of the person's arrest.
33-19 (c) The period of suspension or denial is one year if the
33-20 person is 21 years of age or older and the person's driving record
33-21 shows one or more alcohol-related or drug-related enforcement
33-22 contacts, as defined by Section 524.001(3)(A) [524.001], during the
33-23 five years preceding the date of the person's arrest.
33-24 SECTION 33. Section 724.048(c), Transportation Code, is
33-25 amended to read as follows:
34-1 (c) If a criminal charge arising from the same arrest as a
34-2 suspension under this chapter [under Chapter 49, Penal Code,]
34-3 results in an acquittal, the [a] suspension under this chapter may
34-4 not be imposed. If a suspension under this chapter has already
34-5 been imposed, the department shall rescind the suspension and
34-6 remove references to the suspension from the computerized driving
34-7 record of the individual.
34-8 SECTION 34. Section 724.064, Transportation Code, is amended
34-9 to read as follows:
34-10 Sec. 724.064. ADMISSIBILITY IN CRIMINAL PROCEEDING OF
34-11 SPECIMEN ANALYSIS. On the trial of a criminal proceeding arising
34-12 out of an offense under Chapter 49, Penal Code, involving the
34-13 operation of a motor vehicle or a watercraft, or an offense under
34-14 Section 106.041, Alcoholic Beverage Code, evidence of the alcohol
34-15 concentration or presence of a controlled substance, drug,
34-16 dangerous drug, or other substance as shown by analysis of a
34-17 specimen of the person's blood, breath, or urine or any other
34-18 bodily substance taken at the request or order of a peace officer
34-19 is admissible.
34-20 SECTION 35. Section 521.298, Transportation Code, is
34-21 repealed.
34-22 SECTION 36. (a) The changes in law made by this Act apply
34-23 only to an offense committed on or after the effective date of this
34-24 Act. For the purposes of this section, an offense is committed
34-25 before the effective date of this Act if any element of the offense
35-1 occurs before that date.
35-2 (b) An offense committed before the effective date of this
35-3 Act is covered by the law in effect when the offense was committed,
35-4 and the former law is continued in effect for that purpose.
35-5 SECTION 37. This Act takes effect September 1, 1997.
35-6 SECTION 38. The importance of this legislation and the
35-7 crowded condition of the calendars in both houses create an
35-8 emergency and an imperative public necessity that the
35-9 constitutional rule requiring bills to be read on three several
35-10 days in each house be suspended, and this rule is hereby suspended.