SRC-JJJ S.B. 528 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 528
76R6182 PEP-DBy: West
Criminal Justice
3/8/1999
As Filed


DIGEST 

The 75th Legislature passed Senate Bill 35 relating to underage drinking
violations and creating a separate offense for a minor driving under the
influence of alcohol.  S.B. 528 establishes civil and criminal consequences
of certain actions of a minor involving the acquisition, possession, or use
of alcohol, and provides penalties. 

PURPOSE

As proposed, S.B. 528 establishes civil and criminal consequences of
certain actions of a minor involving the acquisition, possession, or use of
alcohol, and provides penalties. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 106.04 (d), Alcoholic Beverage Code, to
establish that a minor who commits certain offenses is not eligible for
deferred disposition, rather than adjudication.  Makes a conforming change. 

SECTION 2.  Amends Sections106.041(f) and (h), Alcoholic Beverage Code, to
make conforming changes. 

SECTION 3.  Amends Section 106.071, Alcoholic Beverage Code, by amending
Subsections (d) and (f) and adding Subsections (h) and (i), to require the
court, in addition to any fine and any order issued under Section 106.115,
to order a minor placed on deferred disposition for or convicted of an
offense to which this section applies to perform community service, and
requires the court to order the Department of Public Safety to suspend or
deny a minor's driver's license or permit for a certain amount of time.
Establishes that a driver's license suspension takes effect on the 11th day
after the date the minor is convicted.  Provides that a defendant who is
not a child and has been previously convicted at least twice of an offense
to which this section applies is not eligible to receive a deferral of
final disposition of a subsequent offense.  Makes a conforming change. 

SECTION 4.  Amends Section 106.115(a), Alcoholic Beverage Code, to require
the court to require a minor on deferred disposition for certain offenses
to attend an alcohol awareness program approved by the Texas Commission on
Alcohol and Drug Abuse.  Requires the court to require a minor convicted of
one or more of certain offenses to attend the alcohol awareness program, in
addition to any fines assessed.  Makes conforming changes. 

SECTION 5.  Amends Section 106.117(a), Alcoholic Beverage Code, to make a
conforming change. 

SECTION 6.  Amends Section 521.457(a), Transportation Code, to make
conforming changes. 

SECTION 7.  Effective date: September 1, 1999.

SECTION 8.  Emergency clause.