1-1 By: West, et al. S.B. No. 35
1-2 (In the Senate - Filed January 8, 1997; January 14, 1997,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 February 5, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0;
1-6 February 5, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 35 By: West
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to operating a vehicle while intoxicated or under the
1-11 influence of alcohol by a minor and other actions of a minor
1-12 concerning the acquisition, possession, and use of alcohol;
1-13 providing penalties.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 106.02, Alcoholic Beverage Code, is
1-16 amended to read as follows:
1-17 Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR. (a) A minor
1-18 commits an offense if he purchases an alcoholic beverage.
1-19 (b) An offense under this section is punishable as provided
1-20 by Section 106.071 [Except as provided in Subsection (c) of this
1-21 section, a violation of this section is a misdemeanor punishable by
1-22 a fine of not less than $25 nor more than $200.]
1-23 [(c) If a person has been previously convicted of a
1-24 violation of this section, or of Section 106.04 or 106.05 of this
1-25 code, a violation is a misdemeanor punishable by a fine of not less
1-26 than $250 nor more than $1,000].
1-27 SECTION 2. Section 106.025, Alcoholic Beverage Code, is
1-28 amended to read as follows:
1-29 Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR.
1-30 (a) A minor commits an offense if, with specific intent to commit
1-31 an offense under Section 106.02 of this code, the minor does an act
1-32 amounting to more than mere preparation that tends but fails to
1-33 effect the commission of the offense intended.
1-34 (b) An offense under this section is punishable as provided
1-35 by Section 106.071 [Except as provided by Subsection (c) of this
1-36 section, a violation of this section is a misdemeanor punishable by
1-37 a fine of not less than $25 nor more than $200.]
1-38 [(c) If a person has previously been convicted of a
1-39 violation of this section, a violation is a misdemeanor punishable
1-40 by a fine of not less than $250 nor more than $1,000].
1-41 SECTION 3. Section 106.03, Alcoholic Beverage Code, is
1-42 amended to read as follows:
1-43 Sec. 106.03. SALE TO MINORS. (a) A person commits an
1-44 offense if with criminal negligence he sells an alcoholic beverage
1-45 to a minor.
1-46 (b) A person who sells a minor an alcoholic beverage does
1-47 not commit an offense if the minor falsely represents himself to be
1-48 21 years old or older by displaying an apparently valid Texas
1-49 driver's license or an identification card issued by the Texas
1-50 Department of Public Safety, containing a physical description
1-51 consistent with his appearance for the purpose of inducing the
1-52 person to sell him an alcoholic beverage.
1-53 (c) An offense under this section is a Class A misdemeanor
1-54 [Except as provided in Subsection (d) of this section, a violation
1-55 of this section is a misdemeanor punishable by a fine of not less
1-56 than $100 nor more than $500, by confinement in jail for not more
1-57 than one year, or by both.]
1-58 [(d) If a person has been previously convicted of a
1-59 violation of this section or Section 101.63 of this code, a
1-60 violation is a misdemeanor punishable by a fine of not less than
1-61 $500 nor more than $1,000, by confinement in jail for not more than
1-62 one year, or by both].
1-63 SECTION 4. Section 106.04, Alcoholic Beverage Code, is
1-64 amended to read as follows:
2-1 Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (a) A
2-2 [Except as provided in Subsection (b) of this section, a] minor
2-3 commits an offense if he consumes an alcoholic beverage.
2-4 (b) It is an affirmative defense to prosecution under this
2-5 section that the alcoholic beverage was consumed [A minor may
2-6 consume an alcoholic beverage if he is] in the visible presence of
2-7 the minor's [an] adult parent, guardian, or spouse.
2-8 (c) An offense under this section is punishable as provided
2-9 by Section 106.071.
2-10 (d) A minor who commits an offense under this section and
2-11 who has been previously convicted twice or more of offenses under
2-12 this section is not eligible for deferred adjudication. For the
2-13 purposes of this subsection an adjudication under Title 3, Family
2-14 Code, that the minor engaged in conduct described by this section
2-15 is considered a conviction of an offense under this section [Except
2-16 as provided in Subsection (d) of this section, a violation of this
2-17 section is a misdemeanor punishable by a fine of not less than $25
2-18 nor more than $200.]
2-19 [(d) If a person has been previously convicted of a
2-20 violation of this section, or of Section 106.02 or 106.05 of this
2-21 code, a violation is a misdemeanor punishable by a fine of not less
2-22 than $500 nor more than $1,000].
2-23 SECTION 5. Chapter 106, Alcoholic Beverage Code, is amended
2-24 by adding Section 106.041 to read as follows:
2-25 Sec. 106.041. DRIVING UNDER THE INFLUENCE OF ALCOHOL BY
2-26 MINOR. (a) A minor commits an offense if the minor operates a
2-27 motor vehicle in a public place while having any detectable amount
2-28 of alcohol in the minor's system.
2-29 (b) Except as provided by Subsection (c), an offense under
2-30 this section is a Class C misdemeanor.
2-31 (c) If it is shown at the trial of the defendant that the
2-32 defendant is a minor who is not a child and who has been previously
2-33 convicted at least twice of an offense under this section, the
2-34 offense is punishable by:
2-35 (1) a fine of not less than $500 or more than $2,000;
2-36 (2) confinement in jail for a term not to exceed 180
2-37 days; or
2-38 (3) both the fine and confinement.
2-39 (d) In addition to any fine and any order issued under
2-40 Section 106.115, the court shall order a minor convicted of an
2-41 offense under this section to perform community service for:
2-42 (1) not less than 20 or more than 40 hours, if the
2-43 minor has not been previously convicted of an offense under this
2-44 section; or
2-45 (2) not less than 40 or more than 60 hours, if the
2-46 minor has been previously convicted of an offense under this
2-47 section.
2-48 (e) Community service ordered under this section must be
2-49 related to education about or prevention of misuse of alcohol.
2-50 (f) A minor who commits an offense under this section and
2-51 who has been previously convicted twice or more of offenses under
2-52 this section is not eligible for deferred adjudication.
2-53 (g) An offense under this section is not a lesser included
2-54 offense under Section 49.04, Penal Code.
2-55 (h) For the purpose of determining whether a minor has been
2-56 previously convicted of an offense under this section, an
2-57 adjudication under Title 3, Family Code, that the minor engaged in
2-58 conduct described by this section is considered a conviction under
2-59 this section.
2-60 (i) A peace officer who is charging a minor with committing
2-61 an offense under this section is not required to take the minor
2-62 into custody but may issue a citation to the minor that contains
2-63 written notice of the time and place the minor must appear before a
2-64 magistrate, the name and address of the minor charged, and the
2-65 offense charged.
2-66 (j) In this section:
2-67 (1) "Child" has the meaning assigned by Section 51.02,
2-68 Family Code.
2-69 (2) "Motor vehicle" has the meaning assigned by
3-1 Section 32.34(a), Penal Code.
3-2 (3) "Public place" has the meaning assigned by Section
3-3 1.07, Penal Code.
3-4 SECTION 6. Section 106.05, Alcoholic Beverage Code, is
3-5 amended to read as follows:
3-6 Sec. 106.05. Possession of Alcohol by a Minor. (a) Except
3-7 as provided in Subsection (b) of this section, a minor commits an
3-8 offense if he possesses an alcoholic beverage.
3-9 (b) A minor may possess an alcoholic beverage:
3-10 (1) while in the course and scope of his employment if
3-11 he is an employee of a licensee or permittee and the employment is
3-12 not prohibited by this code; or
3-13 (2) if he is in the visible presence of his [an] adult
3-14 parent, guardian, or spouse, or other adult to whom he has been
3-15 committed by a court.
3-16 (c) An offense under this section is punishable as provided
3-17 by Section 106.071 [Except as provided in Subsection (d) of this
3-18 section, a violation of this section is a misdemeanor punishable by
3-19 a fine of not less than $25 nor more than $200.]
3-20 [(d) If a person has been previously convicted of a
3-21 violation of this section, or of Section 106.02 or 106.04 of this
3-22 code, a violation is a misdemeanor punishable by a fine of not less
3-23 than $500 nor more than $1,000].
3-24 SECTION 7. Subsection (c), Section 106.06, Alcoholic
3-25 Beverage Code, is amended to read as follows:
3-26 (c) An offense under this section is a Class B misdemeanor
3-27 [A violation of this section is a misdemeanor punishable by a fine
3-28 of not less than $100 nor more than $500].
3-29 SECTION 8. Section 106.07, Alcoholic Beverage Code, is
3-30 amended to read as follows:
3-31 Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR. (a) A
3-32 minor commits an offense if he falsely states that he is 21 years
3-33 of age or older or presents any document that indicates he is 21
3-34 years of age or older to a person engaged in selling or serving
3-35 alcoholic beverages.
3-36 (b) An offense under this section is punishable as provided
3-37 by Section 106.071 [Except as provided in Subsection (c) of this
3-38 section, a violation of this section is a misdemeanor punishable by
3-39 a fine of not less than $25 nor more than $200.]
3-40 [(c) If a person has been previously convicted of a
3-41 violation of this section, a violation is a misdemeanor punishable
3-42 by a fine of not less than $100 nor more than $500].
3-43 SECTION 9. Chapter 106, Alcoholic Beverage Code, is amended
3-44 by adding Section 106.071 to read as follows:
3-45 Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY
3-46 MINOR. (a) This section applies to an offense under Section
3-47 106.02, 106.025, 106.04, 106.05, or 106.07.
3-48 (b) Except as provided by Subsection (c), an offense to
3-49 which this section applies is a Class C misdemeanor.
3-50 (c) If it is shown at the trial of the defendant that the
3-51 defendant is a minor who is not a child and who has been previously
3-52 convicted at least twice of an offense to which this section
3-53 applies, the offense is punishable by:
3-54 (1) a fine of not less than $250 or more than $2,000;
3-55 (2) confinement in jail for a term not to exceed 180
3-56 days; or
3-57 (3) both the fine and confinement.
3-58 (d) In addition to any fine and any order issued under
3-59 Section 106.115:
3-60 (1) the court shall order a minor convicted of an
3-61 offense to which this section applies to perform community service
3-62 for:
3-63 (A) not less than eight or more than 12 hours,
3-64 if the minor has not been previously convicted of an offense to
3-65 which this section applies; or
3-66 (B) not less than 20 or more than 40 hours, if
3-67 the minor has been previously convicted once of an offense to which
3-68 this section applies; and
3-69 (2) the court shall order the Department of Public
4-1 Safety to suspend the minor's driver's license or permit or, if the
4-2 minor does not have a driver's license or permit, to deny the
4-3 issuance of a driver's license or permit for:
4-4 (A) 30 days, if the minor has not been
4-5 previously convicted of an offense to which this section applies;
4-6 (B) 60 days, if the minor has been previously
4-7 convicted once of an offense to which this section applies; or
4-8 (C) 180 days, if the minor has been previously
4-9 convicted twice or more of an offense to which this section
4-10 applies.
4-11 (e) Community service ordered under this section must be
4-12 related to education about or prevention of misuse of alcohol.
4-13 (f) For the purpose of determining whether a minor has been
4-14 previously convicted of an offense to which this section applies,
4-15 an adjudication under Title 3, Family Code, that the minor engaged
4-16 in conduct described by this section is considered a conviction
4-17 under this section.
4-18 (g) In this section, "child" has the meaning assigned by
4-19 Section 51.02, Family Code.
4-20 SECTION 10. Section 106.115, Alcoholic Beverage Code, is
4-21 amended to read as follows:
4-22 Sec. 106.115. ATTENDANCE AT ALCOHOL AWARENESS COURSE;
4-23 LICENSE SUSPENSION. (a) On [Except as provided by Subsection (b),
4-24 on] conviction of a minor of an offense under Section 106.02,
4-25 106.025, 106.04, 106.041, [or] 106.05, or 106.07, the court, in
4-26 addition to assessing a fine as provided by those sections, shall
4-27 require a [the] defendant who has not been previously convicted of
4-28 an offense under one of those sections to attend an alcohol
4-29 awareness course approved by the Texas Commission on Alcohol and
4-30 Drug Abuse. If the defendant has been previously convicted once or
4-31 more of an offense under one or more of those sections, the court
4-32 may require the defendant to attend the alcohol awareness course.
4-33 If the defendant is younger than 18 years of age, the court may
4-34 require the parent or guardian of the defendant to attend the
4-35 course with the defendant.
4-36 (b) [If the defendant resides in a rural or other area in
4-37 which access to an alcohol awareness course is not readily
4-38 available, the court shall require the defendant to perform eight
4-39 to 12 hours of community service instead of participating in an
4-40 alcohol awareness course.]
4-41 [(c)] When requested, an alcohol awareness course may be
4-42 taught in languages other than English.
4-43 (c) [(d)] The court shall require the defendant to present
4-44 to the court, within 90 days of the date of final conviction,
4-45 evidence in the form prescribed by the court that the defendant, as
4-46 ordered by the court, has satisfactorily completed an alcohol
4-47 awareness course or performed the required hours of community
4-48 service. For good cause the court may extend this period by not
4-49 more than 90 days. If the defendant presents the required evidence
4-50 within the prescribed period, the court may reduce the assessed
4-51 fine to an amount equal to no less than one-half of the amount of
4-52 the initial fine.
4-53 (d) [(e)] If the defendant does not present the required
4-54 evidence within the prescribed period, the court shall order the
4-55 Department of Public Safety to suspend the defendant's driver's
4-56 license or permit for a period not to exceed six months or, if the
4-57 defendant does not have a license or permit, to deny the issuance
4-58 of a license or permit to the defendant for that period.
4-59 (e) [(f)] The Department of Public Safety shall send notice
4-60 of the suspension or prohibition order issued under Subsection (d)
4-61 [(e)] by certified mail, return receipt requested, to the
4-62 defendant. The notice must include the date of the suspension or
4-63 prohibition order, the reason for the suspension or prohibition,
4-64 and the period covered by the suspension or prohibition.
4-65 SECTION 11. Chapter 106, Alcoholic Beverage Code, is amended
4-66 by adding Sections 106.116 and 106.117 to read as follows:
4-67 Sec. 106.116. REPORTS OF COURT TO COMMISSION. Unless the
4-68 clerk is otherwise required to include the information in a report
4-69 submitted under Section 101.09, the clerk of a court, including a
5-1 justice court, municipal court, or juvenile court, shall furnish to
5-2 the commission on request a notice of a conviction of an offense
5-3 under this chapter or an adjudication under Title 3, Family Code,
5-4 for conduct that constitutes an offense under this chapter. The
5-5 report must be in the form prescribed by the commission.
5-6 Sec. 106.117. REPORT OF COURT TO DEPARTMENT OF PUBLIC
5-7 SAFETY. (a) Each court, including a justice court, municipal
5-8 court, or juvenile court, shall furnish to the Department of Public
5-9 Safety a notice of each:
5-10 (1) adjudication under Title 3, Family Code, for
5-11 conduct that constitutes an offense under this chapter;
5-12 (2) conviction of an offense under this chapter; and
5-13 (3) acquittal of an offense under Section 106.041.
5-14 (b) The notice must be in a form prescribed by the
5-15 department and must contain the driver's license number of the
5-16 defendant, if the defendant holds a driver's license.
5-17 (c) The Department of Public Safety shall maintain
5-18 appropriate records of information in the notices and shall provide
5-19 the information to law enforcement agencies and courts as necessary
5-20 to enable those agencies and courts to carry out their official
5-21 duties. The information is admissible in any action in which it is
5-22 relevant. A person who holds a driver's license having the same
5-23 number that is contained in a record maintained under this section
5-24 is presumed to be the person to whom the record relates. The
5-25 presumption may be rebutted only by evidence presented under oath.
5-26 (d) The information maintained under this section is
5-27 confidential and may not be disclosed except as provided by this
5-28 section. A provision of Chapter 58, Family Code, or other law
5-29 limiting collection or reporting of information on a juvenile or
5-30 other minor or requiring destruction of that information does not
5-31 apply to information reported and maintained under this section.
5-32 SECTION 12. Subdivision (15), Section 51.02, Family Code, is
5-33 amended to read as follows:
5-34 (15) "Status offender" means a child who is accused,
5-35 adjudicated, or convicted for conduct that would not, under state
5-36 law, be a crime if committed by an adult, including:
5-37 (A) truancy under Section 51.03(b)(2);
5-38 (B) running away from home under Section
5-39 51.03(b)(3);
5-40 (C) a fineable only offense under Section
5-41 51.03(b)(1) transferred to the juvenile court under Section
5-42 51.08(b), but only if the conduct constituting the offense would
5-43 not have been criminal if engaged in by an adult;
5-44 (D) failure to attend school under Section
5-45 4.251, Education Code;
5-46 (E) a violation of standards of student conduct
5-47 as described by Section 51.03(b)(5) [51.03(b)(6)];
5-48 (F) a violation of a juvenile curfew ordinance
5-49 or order;
5-50 (G) a violation of a provision of the Alcoholic
5-51 Beverage Code applicable to minors only; or
5-52 (H) a violation of any other fineable only
5-53 offense under Section 8.07(a)(4) or (5), Penal Code, but only if
5-54 the conduct constituting the offense would not have been criminal
5-55 if engaged in by an adult.
5-56 SECTION 13. Subsections (a) and (b), Section 51.03, Family
5-57 Code, are amended to read as follows:
5-58 (a) Delinquent conduct is:
5-59 (1) conduct, other than a traffic offense, that
5-60 violates a penal law of this state or of the United States
5-61 punishable by imprisonment or by confinement in jail;
5-62 (2) conduct that violates a reasonable and lawful
5-63 order of a juvenile court entered under Section 54.04 or 54.05 of
5-64 this code, except an order prohibiting the following conduct:
5-65 (A) a violation of the penal laws of this state
5-66 of the grade of misdemeanor that is punishable by fine only or a
5-67 violation of the penal ordinances of any political subdivision of
5-68 this state;
5-69 (B) the unexcused voluntary absence of a child
6-1 from school; or
6-2 (C) the voluntary absence of a child from his
6-3 home without the consent of his parent or guardian for a
6-4 substantial length of time or without intent to return;
6-5 (3) conduct that violates a lawful order of a
6-6 municipal court or justice court under circumstances that would
6-7 constitute contempt of that court; [or]
6-8 (4) conduct that violates Section 49.04, 49.05, 49.06,
6-9 49.07, or 49.08, Penal Code; or
6-10 (5) conduct that violates Section 106.041, Alcoholic
6-11 Beverage Code, relating to driving under the influence of alcohol
6-12 by a minor [the laws of this state prohibiting driving while
6-13 intoxicated or under the influence of intoxicating liquor (third or
6-14 subsequent offense) or driving while under the influence of any
6-15 narcotic drug or of any other drug to the degree that renders the
6-16 child incapable of safely driving a vehicle] (third or subsequent
6-17 offense).
6-18 (b) Conduct indicating a need for supervision is:
6-19 (1) subject to Subsection (f) of this section,
6-20 conduct, other than a traffic offense, that violates:
6-21 (A) the penal laws of this state of the grade of
6-22 misdemeanor that are punishable by fine only; or
6-23 (B) the penal ordinances of any political
6-24 subdivision of this state;
6-25 (2) the unexcused voluntary absence of a child on 10
6-26 or more days or parts of days within a six-month period or three or
6-27 more days or parts of days within a four-week period from school
6-28 without the consent of his parents;
6-29 (3) the voluntary absence of a child from his home
6-30 without the consent of his parent or guardian for a substantial
6-31 length of time or without intent to return;
6-32 (4) [conduct which violates the laws of this state
6-33 prohibiting driving while intoxicated or under the influence of
6-34 intoxicating liquor (first or second offense) or driving while
6-35 under the influence of any narcotic drug or of any other drug to a
6-36 degree which renders him incapable of safely driving a vehicle
6-37 (first or second offense);]
6-38 [(5)] conduct prohibited by city ordinance or by state
6-39 law involving the inhalation of the fumes or vapors of paint and
6-40 other protective coatings or glue and other adhesives and the
6-41 volatile chemicals itemized in Section 484.002, Health and Safety
6-42 Code;
6-43 (5) [(6)] an act that violates a school district's
6-44 previously communicated written standards of student conduct for
6-45 which the child has been expelled under Section 21.3011, Education
6-46 Code; or
6-47 (6) [(7)] conduct that violates a reasonable and
6-48 lawful order of a court entered under Section 264.305.
6-49 SECTION 14. Section 52.02, Family Code, is amended by
6-50 amending Subsection (a) and adding Subsection (c) to read as
6-51 follows:
6-52 (a) Except as provided by Subsection (c), a [A] person
6-53 taking a child into custody, without unnecessary delay and without
6-54 first taking the child to any place other than a juvenile
6-55 processing office designated under Section 52.025 of this code,
6-56 shall do one of the following:
6-57 (1) release the child to a parent, guardian, custodian
6-58 of the child, or other responsible adult upon that person's promise
6-59 to bring the child before the juvenile court as requested by the
6-60 court;
6-61 (2) bring the child before the office or official
6-62 designated by the juvenile court if there is probable cause to
6-63 believe that the child engaged in delinquent conduct or conduct
6-64 indicating a need for supervision;
6-65 (3) bring the child to a detention facility designated
6-66 by the juvenile court;
6-67 (4) bring the child to a medical facility if the child
6-68 is believed to suffer from a serious physical condition or illness
6-69 that requires prompt treatment; or
7-1 (5) dispose of the case under Section 52.03 of this
7-2 code.
7-3 (c) A person who takes a child into custody and who has
7-4 reasonable grounds to believe that the child has been operating a
7-5 motor vehicle in a public place while having any detectable amount
7-6 of alcohol in the child's system may, before complying with
7-7 Subsection (a):
7-8 (1) take the child to a place to obtain a specimen of
7-9 the child's breath or blood as provided by Chapter 724,
7-10 Transportation Code; and
7-11 (2) perform intoxilyzer processing and videotaping of
7-12 the child in an adult processing office of a police department.
7-13 SECTION 15. Section 53.03, Family Code, is amended by
7-14 amending Subsection (a) and adding Subsection (g) to read as
7-15 follows:
7-16 (a) Subject to Subsections [Subsection] (e) and (g), if the
7-17 preliminary investigation required by Section 53.01 of this code
7-18 results in a determination that further proceedings in the case are
7-19 authorized, the probation officer or other designated officer of
7-20 the court, subject to the direction of the juvenile court, may
7-21 advise the parties for a reasonable period of time not to exceed
7-22 six months concerning deferred prosecution and rehabilitation of a
7-23 child if:
7-24 (1) deferred prosecution would be in the interest of
7-25 the public and the child;
7-26 (2) the child and his parent, guardian, or custodian
7-27 consent with knowledge that consent is not obligatory; and
7-28 (3) the child and his parent, guardian, or custodian
7-29 are informed that they may terminate the deferred prosecution at
7-30 any point and petition the court for a court hearing in the case.
7-31 (g) Prosecution may not be deferred for a child alleged to
7-32 have engaged in conduct that:
7-33 (1) is an offense under Section 49.04, 49.05, 49.06,
7-34 49.07, or 49.08, Penal Code; or
7-35 (2) is a third or subsequent offense under Section
7-36 106.04 or 106.041, Alcoholic Beverage Code.
7-37 SECTION 16. Chapter 54, Family Code, is amended by adding
7-38 Section 54.046 to read as follows:
7-39 Sec. 54.046. ALCOHOL-RELATED OFFENSE. If the court or jury
7-40 finds at an adjudication hearing for a child that the child engaged
7-41 in conduct indicating a need for supervision or delinquent conduct
7-42 that violates the alcohol-related offenses in Section 106.02,
7-43 106.025, 106.04, 106.05, or 106.07, Alcoholic Beverage Code, the
7-44 court shall, subject to a finding under Section 54.04(c), order, in
7-45 addition to any other order authorized by this title, that, in the
7-46 manner provided by Section 106.071(d), Alcoholic Beverage Code:
7-47 (1) the child perform community service; and
7-48 (2) the child's driver's license or permit be
7-49 suspended or that the child be denied issuance of a driver's
7-50 license or permit.
7-51 SECTION 17. Chapter 59, Family Code, is amended by adding
7-52 Section 59.0031 to read as follows:
7-53 Sec. 59.0031. SANCTION LEVEL ASSIGNMENT GUIDELINES FOR
7-54 DRIVING WHILE INTOXICATED. Subject to Section 59.003(e), the
7-55 probation department may or the juvenile court may, in a
7-56 disposition hearing under Section 54.04, assign a child, for
7-57 conduct that is an offense under Section 49.04, 49.05, or 49.06,
7-58 Penal Code, the following sanction levels:
7-59 (1) for the first offense, the sanction level is two;
7-60 (2) for the second offense, the sanction level is
7-61 three; and
7-62 (3) for the third offense, the sanction level is four.
7-63 SECTION 18. Section 521.145, Transportation Code, is amended
7-64 to read as follows:
7-65 Sec. 521.145. APPLICATION BY PERSON UNDER 18 YEARS OF AGE
7-66 [MINOR]. (a) The application of an applicant under 18 years of
7-67 age must be signed by:
7-68 (1) the parent or guardian who has custody of the
7-69 applicant; or
8-1 (2) if the applicant has no parent or guardian:
8-2 (A) the applicant's employer; or
8-3 (B) the county judge of the county in which the
8-4 applicant resides.
8-5 (b) The department shall provide the applicant and the
8-6 cosignor with information concerning state laws relating to driving
8-7 while intoxicated, driving by a minor with alcohol in the minor's
8-8 system, and implied consent. The applicant and cosignor must
8-9 acknowledge receipt of this information.
8-10 SECTION 19. Subsection (a), Section 521.342, Transportation
8-11 Code, is amended to read as follows:
8-12 (a) The license of a person who was under 21 years of age at
8-13 the time of the offense, other than an offense classified as a
8-14 misdemeanor punishable by fine only, is automatically suspended on
8-15 conviction of:
8-16 (1) an offense under Section 49.04 or 49.07, Penal
8-17 Code, committed as a result of the introduction of alcohol into the
8-18 body;
8-19 (2) an offense under the Alcoholic Beverage Code,
8-20 other than an offense to which Section 106.071 of that code
8-21 applies, involving the manufacture, delivery, possession,
8-22 transportation, or use of an alcoholic beverage;
8-23 (3) a misdemeanor offense under Chapter 481, Health
8-24 and Safety Code, for which Subchapter P does not require the
8-25 automatic suspension of the license;
8-26 (4) an offense under Chapter 483, Health and Safety
8-27 Code, involving the manufacture, delivery, possession,
8-28 transportation, or use of a dangerous drug; or
8-29 (5) an offense under Chapter 484, Health and Safety
8-30 Code, involving the manufacture, delivery, possession,
8-31 transportation, or use of a volatile chemical.
8-32 SECTION 20. Section 524.001, Transportation Code, is amended
8-33 to read as follows:
8-34 Sec. 524.001. DEFINITIONS. In this chapter:
8-35 (1) "Adult" means an individual 21 years of age or
8-36 older.
8-37 (2) "Alcohol concentration" has the meaning assigned
8-38 by Section 49.01, Penal Code.
8-39 (3) [(2)] "Alcohol-related or drug-related enforcement
8-40 contact" means a driver's license suspension, disqualification, or
8-41 prohibition order under the laws of this state or another state
8-42 resulting from:
8-43 (A) a conviction of an offense prohibiting the
8-44 operation of a motor vehicle while:
8-45 (i) intoxicated;
8-46 (ii) under the influence of alcohol; or
8-47 (iii) under the influence of a controlled
8-48 substance;
8-49 (B) a refusal to submit to the taking of a
8-50 breath or blood specimen following an arrest for an offense
8-51 prohibiting the operation of a motor vehicle while:
8-52 (i) intoxicated;
8-53 (ii) under the influence of alcohol; or
8-54 (iii) under the influence of a controlled
8-55 substance; or
8-56 (C) an analysis of a breath or blood specimen
8-57 showing an alcohol concentration of a level specified by Section
8-58 49.01, Penal Code, following an arrest for an offense prohibiting
8-59 the operation of a motor vehicle while intoxicated.
8-60 (4) "Arrest" includes taking into custody of a child,
8-61 as defined by Section 51.02, Family Code.
8-62 (5) "Conviction" includes an adjudication under Title
8-63 3, Family Code.
8-64 (6) "Criminal charge" includes a charge that may
8-65 result in a proceeding under Title 3, Family Code.
8-66 (7) "Criminal prosecution" includes a proceeding under
8-67 Title 3, Family Code.
8-68 (8) [(3)] "Department" means the Department of Public
8-69 Safety.
9-1 (9) [(4)] "Director" means the public safety director
9-2 of the department.
9-3 (10) [(5)] "Driver's license" has the meaning assigned
9-4 by Section 521.001.
9-5 (11) "Minor" means an individual under 21 years of
9-6 age.
9-7 (12) [(6)] "Public place" has the meaning assigned by
9-8 Section 1.07(a), Penal Code.
9-9 SECTION 21. Section 524.011, Transportation Code, is amended
9-10 to read as follows:
9-11 Sec. 524.011. ARRESTING OFFICER'S DUTIES FOR DRIVER'S
9-12 LICENSE SUSPENSION. (a) An officer arresting a person shall
9-13 comply with Subsection (b) if:
9-14 (1) the [If a] person is arrested for an offense under
9-15 Section 49.04, Penal Code, or an offense under Section 49.07 or
9-16 49.08 of that code involving the operation of a motor vehicle,
9-17 submits to the taking of a specimen of breath or blood and an
9-18 analysis of the specimen shows the person had an alcohol
9-19 concentration of a level specified by Section 49.01(2)(B), Penal
9-20 Code; or
9-21 (2) the person is a minor arrested for an offense
9-22 under Section 106.041, Alcoholic Beverage Code, or Section 49.04,
9-23 Penal Code, or an offense under Section 49.07 or 49.08, Penal Code,
9-24 involving the operation of a motor vehicle and:
9-25 (A) the minor is not requested to submit to the
9-26 taking of a specimen; or
9-27 (B) the minor submits to the taking of a
9-28 specimen and an analysis of the specimen shows that the minor had
9-29 an alcohol concentration of greater than .00 but less than the
9-30 level specified by Section 49.01(2)(B), Penal Code.
9-31 (b) The [, the] arresting officer shall:
9-32 (1) serve or, if a specimen is taken and the analysis
9-33 of the specimen is not returned to the arresting officer before the
9-34 person is admitted to bail, released from custody, delivered as
9-35 provided by Title 3, Family Code, or committed to jail, attempt to
9-36 serve notice of driver's license suspension by personally
9-37 delivering the notice to the arrested person; and
9-38 (2) send to the department not later than the fifth
9-39 business day after the date of the arrest:
9-40 (A) a copy of the driver's license suspension
9-41 notice; and
9-42 (B) a sworn report of information relevant to
9-43 the arrest.
9-44 (c) [(b)] The report required under Subsection (b)(2)(B)
9-45 [(a)(2)(B)] must:
9-46 (1) identify the arrested person;
9-47 (2) state the arresting officer's grounds for
9-48 believing the person committed the offense;
9-49 (3) give the analysis of the specimen if any; and
9-50 (4) include a copy of the criminal complaint filed in
9-51 the case, if any.
9-52 (d) [(c)] An arresting officer shall make the report on a
9-53 form approved by the department and in the manner specified by the
9-54 department.
9-55 (e) [(d)] The department shall develop a form for the notice
9-56 of driver's license suspension that shall be used by all state and
9-57 local law enforcement agencies.
9-58 SECTION 22. Subsections (b) and (c), Section 524.012,
9-59 Transportation Code, are amended to read as follows:
9-60 (b) The department shall suspend the person's driver's
9-61 license if the department determines that:
9-62 (1) the person had an alcohol concentration of a level
9-63 specified by Section 49.01(2)(B), Penal Code, while operating a
9-64 motor vehicle in a public place; or
9-65 (2) the person is a minor and had any detectable
9-66 amount of alcohol in the minor's system while operating a motor
9-67 vehicle in a public place.
9-68 (c) The department may not suspend a person's driver's
9-69 license if:
10-1 (1) the person is an adult and the analysis of the
10-2 person's breath or blood specimen determined that the person had an
10-3 alcohol concentration of a level below that specified by Section
10-4 49.01(2)(B), Penal Code, at the time the specimen was taken; or
10-5 (2) the person is a minor and the department does not
10-6 determine that the minor had any detectable amount of alcohol in
10-7 the minor's system when the minor was arrested.
10-8 SECTION 23. Subsection (b), Section 524.015, Transportation
10-9 Code, is amended to read as follows:
10-10 (b) A suspension may not be imposed under this chapter on a
10-11 person who is acquitted of a criminal charge under Section 49.04,
10-12 49.07, or 49.08, Penal Code, or Section 106.041, Alcoholic Beverage
10-13 Code, arising from the occurrence that was the basis for the
10-14 suspension. If a suspension was imposed before the acquittal, the
10-15 department shall rescind the suspension and shall remove any
10-16 reference to the suspension from the person's computerized driving
10-17 record.
10-18 SECTION 24. Section 524.022, Transportation Code, is amended
10-19 to read as follows:
10-20 Sec. 524.022. PERIOD OF SUSPENSION. (a) A period of
10-21 suspension under this chapter for an adult is:
10-22 (1) 60 days if the person's driving record shows no
10-23 alcohol-related or drug-related enforcement contact during the five
10-24 years preceding the date of the person's arrest;
10-25 (2) 120 days if the person's driving record shows one
10-26 or more alcohol-related or drug-related enforcement contacts, as
10-27 defined by Section 524.001(2)(B) or (C), during the five years
10-28 preceding the date of the person's arrest; or
10-29 (3) 180 days if the person's driving record shows one
10-30 or more alcohol-related or drug-related enforcement contacts, as
10-31 defined by Section 524.001(2)(A), during the five years preceding
10-32 the date of the person's arrest.
10-33 (b) A period of suspension under this chapter for a minor
10-34 is:
10-35 (1) 120 days if the minor has not been previously
10-36 convicted of an offense under Section 106.041, Alcoholic Beverage
10-37 Code, or Section 49.04, Penal Code, or an offense under Section
10-38 49.07 or 49.08, Penal Code, involving the operation of a motor
10-39 vehicle;
10-40 (2) 150 days if the minor has been previously
10-41 convicted once of an offense listed by Subdivision (1); or
10-42 (3) 180 days if the minor has been previously
10-43 convicted twice or more of an offense listed by Subdivision (1).
10-44 (c) A minor whose driver's license is suspended under this
10-45 chapter is not eligible for an occupational license under
10-46 Subchapter L, Chapter 521, for:
10-47 (1) the first 30 days of a suspension under Subsection
10-48 (b)(1);
10-49 (2) the first 90 days of a suspension under Subsection
10-50 (b)(2); or
10-51 (3) the entire period of a suspension under Subsection
10-52 (b)(3).
10-53 SECTION 25. Section 524.023, Transportation Code, is amended
10-54 to read as follows:
10-55 Sec. 524.023. APPLICATION OF SUSPENSION UNDER OTHER LAWS.
10-56 (a) If a person is convicted of an offense under Section 106.041,
10-57 Alcoholic Beverage Code, or Section 49.04, 49.07, or 49.08, Penal
10-58 Code, and if any conduct on which that conviction is based is a
10-59 ground for a driver's license suspension under this chapter and
10-60 Section 106.041, Alcoholic Beverage Code, Subchapter O, Chapter
10-61 521, or Subchapter H, Chapter 522, each of the suspensions shall be
10-62 imposed.
10-63 (b) The court imposing a driver's license suspension under
10-64 Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as
10-65 required by Subsection (a) shall credit a period of suspension
10-66 imposed under this chapter toward the period of suspension required
10-67 under Section 106.041, Alcoholic Beverage Code, or Subchapter O,
10-68 Chapter 521, or Subchapter H, Chapter 522, unless the person was
10-69 convicted of an offense under Article 6701l-1, Revised Statutes, as
11-1 that law existed before September 1, 1994, Section 19.05(a)(2),
11-2 Penal Code, as that law existed before September 1, 1994, [or]
11-3 Section 49.04, 49.07, or 49.08, Penal Code, or Section 106.041,
11-4 Alcoholic Beverage Code, before the date of the conviction on which
11-5 the suspension is based, in which event credit may not be given.
11-6 SECTION 26. Subsections (a) and (d), Section 524.035,
11-7 Transportation Code, are amended to read as follows:
11-8 (a) The issues that must be proved at a hearing by a
11-9 preponderance of the evidence are:
11-10 (1) whether:
11-11 (A) [(1)] the person had an alcohol
11-12 concentration of a level specified by Section 49.01(2)(B), Penal
11-13 Code, while operating a motor vehicle in a public place; or
11-14 (B) the person is a minor and had any detectable
11-15 amount of alcohol in the minor's system while operating a motor
11-16 vehicle in a public place; and
11-17 (2) whether reasonable suspicion to stop or probable
11-18 cause to arrest the person existed.
11-19 (d) An administrative law judge may not find in the
11-20 affirmative on the issue in Subsection (a)(1) if:
11-21 (1) the person is an adult and the analysis of the
11-22 person's breath or blood determined that the person had an alcohol
11-23 concentration of a level below that specified by Section 49.01,
11-24 Penal Code, at the time the specimen was taken; or
11-25 (2) the person is a minor and the administrative law
11-26 judge does not find that the minor had any detectable amount of
11-27 alcohol in the minor's system when the minor was arrested.
11-28 SECTION 27. Subsection (a), Section 524.042, Transportation
11-29 Code, is amended to read as follows:
11-30 (a) A suspension of a driver's license under this chapter is
11-31 stayed on the filing of an appeal petition only if:
11-32 (1) the person's driver's license has not been
11-33 suspended as a result of an alcohol-related or drug-related
11-34 enforcement contact during the five years preceding the date of the
11-35 person's arrest; and
11-36 (2) the person has not been convicted during the 10
11-37 years preceding the date of the person's arrest of an offense
11-38 under:
11-39 (A) Article 6701l-1, Revised Statutes, as that
11-40 law existed before September 1, 1994;
11-41 (B) Section 19.05(a)(2), Penal Code, as that law
11-42 existed before September 1, 1994;
11-43 (C) Section 49.04, Penal Code; [or]
11-44 (D) Section 49.07 or 49.08, Penal Code, if the
11-45 offense involved the operation of a motor vehicle; or
11-46 (E) Section 106.041, Alcoholic Beverage Code.
11-47 SECTION 28. Subsection (d), Section 524.043, Transportation
11-48 Code, is amended to read as follows:
11-49 (d) An administrative law judge may change a finding or
11-50 decision as to whether the person had an alcohol concentration of a
11-51 level specified in Section 49.01, Penal Code, or whether a minor
11-52 had any detectable amount of alcohol in the minor's system because
11-53 of the additional evidence and shall file the additional evidence
11-54 and any changes, new findings, or decisions with the reviewing
11-55 court.
11-56 SECTION 29. Section 601.340, Transportation Code, is amended
11-57 by amending Subsection (a) and adding Subsection (c) to read as
11-58 follows:
11-59 (a) Except as provided by Subsection (b) or (c), the
11-60 department shall suspend the registration of each motor vehicle
11-61 registered in the name of a person if the department:
11-62 (1) under any state law, suspends or revokes the
11-63 person's driver's license on receipt of a record of a conviction or
11-64 a forfeiture of bail; or
11-65 (2) receives a record of a guilty plea of the person
11-66 entered for an offense for which the department would be required
11-67 to suspend the driver's license of a person convicted of the
11-68 offense.
11-69 (c) This section does not apply to a suspension of a
12-1 driver's license for an offense under Chapter 106, Alcoholic
12-2 Beverage Code, other than an offense that includes confinement as
12-3 an authorized sanction.
12-4 SECTION 30. Section 724.001, Transportation Code, is amended
12-5 to read as follows:
12-6 Sec. 724.001. DEFINITIONS. In this chapter:
12-7 (1) "Alcohol concentration" has the meaning assigned
12-8 by Section 49.01, Penal Code.
12-9 (2) "Arrest" includes taking into custody of a child,
12-10 as defined by Section 51.02, Family Code.
12-11 (3) "Controlled substance" has the meaning assigned by
12-12 Section 481.002, Health and Safety Code.
12-13 (4) "Criminal charge" includes a charge that may
12-14 result in a proceeding under Title 3, Family Code.
12-15 (5) "Criminal proceeding" includes a proceeding under
12-16 Title 3, Family Code.
12-17 (6) [(3)] "Dangerous drug" has the meaning assigned by
12-18 Section 483.001, Health and Safety Code.
12-19 (7) [(4)] "Department" means the Department of Public
12-20 Safety.
12-21 (8) [(5)] "Drug" has the meaning assigned by Section
12-22 481.002, Health and Safety Code.
12-23 (9) [(6)] "Intoxicated" has the meaning assigned by
12-24 Section 49.01, Penal Code.
12-25 (10) [(7)] "License" has the meaning assigned by
12-26 Section 521.001.
12-27 (11) [(8)] "Operate" means to drive or be in actual
12-28 control of a motor vehicle or watercraft.
12-29 (12) [(9)] "Public place" has the meaning assigned by
12-30 Section 1.07, Penal Code.
12-31 SECTION 31. Subsection (a), Section 724.011, Transportation
12-32 Code, is amended to read as follows:
12-33 (a) If a person is arrested for an offense arising out of
12-34 acts alleged to have been committed while the person was operating
12-35 a motor vehicle in a public place, or a watercraft, while
12-36 intoxicated, or an offense under Section 106.041, Alcoholic
12-37 Beverage Code, the person is deemed to have consented, subject to
12-38 this chapter, to submit to the taking of one or more specimens of
12-39 the person's breath or blood for analysis to determine the alcohol
12-40 concentration or the presence in the person's body of a controlled
12-41 substance, drug, dangerous drug, or other substance.
12-42 SECTION 32. Subsection (a), Section 724.012, Transportation
12-43 Code, is amended to read as follows:
12-44 (a) One or more specimens of a person's breath or blood may
12-45 be taken if the person is arrested and at the request of a peace
12-46 officer having reasonable grounds to believe the person:
12-47 (1) while intoxicated was operating a motor vehicle in
12-48 a public place, or a watercraft; or
12-49 (2) was in violation of Section 106.041, Alcoholic
12-50 Beverage Code.
12-51 SECTION 33. Section 724.015, Transportation Code, is amended
12-52 to read as follows:
12-53 Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
12-54 REQUESTING SPECIMEN. Before requesting a person to submit to the
12-55 taking of a specimen, the officer shall inform the person orally
12-56 and in writing that:
12-57 (1) if the person refuses to submit to the taking of
12-58 the specimen, that refusal may be admissible in a subsequent
12-59 prosecution;
12-60 (2) if the person refuses to submit to the taking of
12-61 the specimen, the person's license to operate a motor vehicle will
12-62 be automatically suspended, whether or not the person is
12-63 subsequently prosecuted as a result of the arrest, for:
12-64 (A) not less than 90 days if the person is 21
12-65 years of age or older; or
12-66 (B) one year if the person is younger than 21
12-67 years of age;
12-68 (3) if the person is 21 years of age or older and
12-69 submits to the taking of a specimen designated by the officer and
13-1 an analysis of the specimen shows the person had an alcohol
13-2 concentration of a level specified by Chapter 49, Penal Code, the
13-3 person's license to operate a motor vehicle will be automatically
13-4 suspended for not less than 60 days, whether or not the person is
13-5 subsequently prosecuted as a result of the arrest;
13-6 (4) if the person is younger than 21 years of age and
13-7 has any detectable amount of alcohol in the person's system, the
13-8 person's license to operate a motor vehicle will be automatically
13-9 suspended for not less than 120 days even if the person submits to
13-10 the taking of the specimen, but that if the person submits to the
13-11 taking of the specimen and an analysis of the specimen shows that
13-12 the person had an alcohol concentration less than the level
13-13 specified by Chapter 49, Penal Code, the person may be subject to
13-14 criminal penalties less severe than those provided under that
13-15 chapter;
13-16 (5) if the officer determines that the person is a
13-17 resident without a license to operate a motor vehicle in this
13-18 state, the department will deny to the person the issuance of a
13-19 license, whether or not the person is subsequently prosecuted as a
13-20 result of the arrest, under the same conditions and for the same
13-21 periods that would have applied to a revocation of the person's
13-22 driver's license if the person had held a driver's license issued
13-23 by this state [if:]
13-24 [(A) the person refuses to submit to the taking
13-25 of a specimen, in which case the denial is for:]
13-26 [(i) not less than 90 days if the person
13-27 is 21 years of age or older; or]
13-28 [(ii) one year if the person is younger
13-29 than 21 years of age; or]
13-30 [(B) a specimen designated by the officer is
13-31 taken and an analysis of the specimen shows the person had an
13-32 alcohol concentration of a level specified by Section 49.01(2)(B),
13-33 Penal Code, in which case the denial is for not less than 60 days];
13-34 and
13-35 (6) [(5)] the person has a right to a hearing on the
13-36 suspension or denial if, not later than the 15th day after the date
13-37 on which the person receives the notice of suspension or denial or
13-38 on which the person is considered to have received the notice by
13-39 mail as provided by law, the department receives, at its
13-40 headquarters in Austin, a written demand, including a facsimile
13-41 transmission, or a request in another form prescribed by the
13-42 department for the hearing.
13-43 SECTION 34. Subsections (b) and (c), Section 724.035,
13-44 Transportation Code, are amended to read as follows:
13-45 (b) The period of suspension or denial is 180 days if the
13-46 person is 21 years of age or older and the person's driving record
13-47 shows one or more alcohol-related or drug-related enforcement
13-48 contacts, as defined by Section 524.001(3)(B) or (C) [524.001],
13-49 during the five years preceding the date of the person's arrest.
13-50 (c) The period of suspension or denial is one year if the
13-51 person is 21 years of age or older and the person's driving record
13-52 shows one or more alcohol-related or drug-related enforcement
13-53 contacts, as defined by Section 524.001(3)(A) [524.001], during the
13-54 five years preceding the date of the person's arrest.
13-55 SECTION 35. Subsection (c), Section 724.048, Transportation
13-56 Code, is amended to read as follows:
13-57 (c) If a criminal charge arising from the same arrest as a
13-58 suspension under this chapter [under Chapter 49, Penal Code,]
13-59 results in an acquittal, the [a] suspension under this chapter may
13-60 not be imposed. If a suspension under this chapter has already
13-61 been imposed, the department shall rescind the suspension and
13-62 remove references to the suspension from the computerized driving
13-63 record of the individual.
13-64 SECTION 36. Section 724.064, Transportation Code, is amended
13-65 to read as follows:
13-66 Sec. 724.064. ADMISSIBILITY IN CRIMINAL PROCEEDING OF
13-67 SPECIMEN ANALYSIS. On the trial of a criminal proceeding arising
13-68 out of an offense under Chapter 49, Penal Code, involving the
13-69 operation of a motor vehicle or a watercraft, or an offense under
14-1 Section 106.041, Alcoholic Beverage Code, evidence of the alcohol
14-2 concentration or presence of a controlled substance, drug,
14-3 dangerous drug, or other substance as shown by analysis of a
14-4 specimen of the person's blood, breath, or urine or any other
14-5 bodily substance taken at the request or order of a peace officer
14-6 is admissible.
14-7 SECTION 37. Subsection (a), Article 4.11, Code of Criminal
14-8 Procedure, is amended to read as follows:
14-9 (a) Justices of the peace shall have original jurisdiction
14-10 in criminal cases:
14-11 (1) punishable by fine only[;] or
14-12 [(2)] punishable by:
14-13 (A) a fine; and
14-14 (B) as authorized by statute, a sanction not
14-15 consisting of confinement or imprisonment that is rehabilitative or
14-16 remedial in nature; or
14-17 (2) arising under Chapter 106, Alcoholic Beverage
14-18 Code, that do not include confinement as an authorized sanction.
14-19 SECTION 38. Subsection (b), Article 4.14, Code of Criminal
14-20 Procedure, is amended to read as follows:
14-21 (b) The municipal court shall have concurrent jurisdiction
14-22 with the justice court of a precinct in which the municipality is
14-23 located in all criminal cases arising under state law that:
14-24 (1) arise within the territorial limits of the
14-25 municipality[;] and
14-26 [(2)] are punishable by fine only, as defined in
14-27 Subsection (c) of this article; or
14-28 (2) arise under Chapter 106, Alcoholic Beverage Code,
14-29 and do not include confinement as an authorized sanction.
14-30 SECTION 39. Subsection (b), Section 29.003, Government Code,
14-31 is amended to read as follows:
14-32 (b) The municipal court has concurrent jurisdiction with the
14-33 justice court of a precinct in which the municipality is located in
14-34 all criminal cases arising under state law that:
14-35 (1) arise within the territorial limits of the
14-36 municipality[;] and
14-37 [(2)] are punishable only by a fine, as defined in
14-38 Subsection (c) of this section; or
14-39 (2) arise under Chapter 106, Alcoholic Beverage Code,
14-40 and do not include confinement as an authorized sanction.
14-41 SECTION 40. Section 521.298, Transportation Code, is
14-42 repealed.
14-43 SECTION 41. (a) The changes in law made by this Act apply
14-44 only to an offense committed on or after the effective date of this
14-45 Act. For the purposes of this section, an offense is committed
14-46 before the effective date of this Act if any element of the offense
14-47 occurs before that date.
14-48 (b) An offense committed before the effective date of this
14-49 Act is covered by the law in effect when the offense was committed,
14-50 and the former law is continued in effect for that purpose.
14-51 SECTION 42. This Act takes effect September 1, 1997.
14-52 SECTION 43. The importance of this legislation and the
14-53 crowded condition of the calendars in both houses create an
14-54 emergency and an imperative public necessity that the
14-55 constitutional rule requiring bills to be read on three several
14-56 days in each house be suspended, and this rule is hereby suspended.
14-57 * * * * *