By Capelo                                             H.B. No. 3227
         76R5739 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the issuance of a citation in lieu of arrest for
 1-3     possession of alcohol by a minor.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 14.06, Code of Criminal Procedure, is
 1-6     amended by amending Subsection (a) and adding Subsection (c) to
 1-7     read as follows:
 1-8           (a)  Except as provided by Subsections [Subsection] (b) and
 1-9     (c), in each case enumerated in this Code, the person making the
1-10     arrest shall take the person arrested or have him taken without
1-11     unnecessary delay before the magistrate who may have ordered the
1-12     arrest, before some magistrate of the county where the arrest was
1-13     made without an order, or, if necessary to provide more
1-14     expeditiously to the person arrested the warnings described by
1-15     Article 15.17 of this Code, before a magistrate in a county
1-16     bordering the county in which the arrest was made.  The magistrate
1-17     shall immediately perform the duties described in Article 15.17 of
1-18     this Code.
1-19           (c)  A peace officer who is charging a person with committing
1-20     an offense under Section 106.05, Alcoholic Beverage Code, may not
1-21     take the person before a magistrate.  The officer shall issue a
1-22     citation to the person that contains written notice of the time and
1-23     place the person must appear before a magistrate, the name and
1-24     address of the person charged, and the offense charged.
 2-1           SECTION 2.  This Act takes effect September 1, 1999.
 2-2           SECTION 3.  The importance of this legislation and the
 2-3     crowded condition of the calendars in both houses create an
 2-4     emergency and an imperative public necessity that the
 2-5     constitutional rule requiring bills to be read on three several
 2-6     days in each house be suspended, and this rule is hereby suspended.