By:  West                                              S.B. No. 528
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the civil and criminal consequences of certain actions
 1-2     of a minor involving the acquisition, possession, or use of
 1-3     alcohol; providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (d), Section 106.04, Alcoholic
 1-6     Beverage Code, is amended to read as follows:
 1-7           (d)  A minor who commits an offense under this section and
 1-8     who has been previously convicted twice or more of offenses under
 1-9     this section is not eligible for deferred disposition
1-10     [adjudication].  For the purposes of this subsection:
1-11                 (1)  an adjudication under Title 3, Family Code, that
1-12     the minor engaged in conduct described by this section is
1-13     considered a conviction of an offense under this section; and
1-14                 (2)  an order of deferred disposition [adjudication]
1-15     for an offense alleged under this section is considered a
1-16     conviction of an offense under this section.
1-17           SECTION 2.  Subsections (f) and (h), Section 106.041,
1-18     Alcoholic Beverage Code, are amended to read as follows:
1-19           (f)  A minor who commits an offense under this section and
1-20     who has been previously convicted twice or more of offenses under
1-21     this section is not eligible for deferred disposition
1-22     [adjudication].
1-23           (h)  For the purpose of determining whether a minor has been
1-24     previously convicted of an offense under this section:
 2-1                 (1)  an adjudication under Title 3, Family Code, that
 2-2     the minor engaged in conduct described by this section is
 2-3     considered a conviction under this section; and
 2-4                 (2)  an order of deferred disposition [adjudication]
 2-5     for an offense alleged under this section is considered a
 2-6     conviction of an offense under this section.
 2-7           SECTION 3.  Section 106.071, Alcoholic Beverage Code, is
 2-8     amended by amending Subsections (d) and (f) and adding Subsections
 2-9     (h) and (i) to read as follows:
2-10           (d)  In addition to any fine and any order issued under
2-11     Section 106.115:
2-12                 (1)  the court shall order a minor placed on deferred
2-13     disposition for or convicted of an offense to which this section
2-14     applies to perform community service for:
2-15                       (A)  not less than eight or more than 12 hours,
2-16     if the minor has not been previously convicted of an offense to
2-17     which this section applies; or
2-18                       (B)  not less than 20 or more than 40 hours, if
2-19     the minor has been previously convicted once of an offense to which
2-20     this section applies; and
2-21                 (2)  the court shall order the Department of Public
2-22     Safety to suspend the [minor's] driver's license or permit of a
2-23     minor convicted of an offense to which this section applies or, if
2-24     the minor does not have a driver's license or permit, to deny the
2-25     issuance of a driver's license or permit for:
2-26                       (A)  30 days, if the minor has not been
 3-1     previously convicted of an offense to which this section applies;
 3-2                       (B)  60 days, if the minor has been previously
 3-3     convicted once of an offense to which this section applies; or
 3-4                       (C)  180 days, if the minor has been previously
 3-5     convicted twice or more of an offense to which this section
 3-6     applies.
 3-7           (f)  For the purpose of determining whether a minor has been
 3-8     previously convicted of an offense to which this section applies:
 3-9                 (1)  an adjudication under Title 3, Family Code, that
3-10     the minor engaged in conduct described by this section is
3-11     considered a conviction under this section; and
3-12                 (2)  an order of deferred disposition [adjudication]
3-13     for an offense alleged under this section is considered a
3-14     conviction of an offense under this section.
3-15           (h)  A driver's license suspension under this section takes
3-16     effect on the 11th day after the date the minor is convicted.
3-17           (i)  A defendant who is not a child and who has been
3-18     previously convicted at least twice of an offense to which this
3-19     section applies is not eligible to receive a deferral of final
3-20     disposition of a subsequent offense.
3-21           SECTION 4.  Subsection (a), Section 106.115, Alcoholic
3-22     Beverage Code, is amended to read as follows:
3-23           (a)  On the placement of a minor on deferred disposition for
3-24     an offense under Section 49.02, Penal Code, or under Section
3-25     106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
3-26     shall require the defendant to attend an alcohol awareness program
 4-1     approved by the Texas Commission on Alcohol and Drug Abuse.  On
 4-2     conviction of a minor of an offense under one or more of those
 4-3     sections, [Section 106.02, 106.025, 106.04, 106.041, 106.05, or
 4-4     106.07] the court, in addition to assessing a fine as provided by
 4-5     those sections, shall require a defendant who has not been
 4-6     previously convicted of an offense under one of those sections to
 4-7     attend the [an] alcohol awareness program [approved by the Texas
 4-8     Commission on Alcohol and Drug Abuse].  If the defendant has been
 4-9     previously convicted once or more of an offense under one or more
4-10     of those sections, the court may require the defendant to attend
4-11     the alcohol awareness program [course].  If the defendant is
4-12     younger than 18 years of age, the court may require the parent or
4-13     guardian of the defendant to attend the program with the defendant.
4-14     The Texas Commission on Alcohol and Drug Abuse:
4-15                 (1)  is responsible for the administration of the
4-16     certification of approved alcohol awareness programs;
4-17                 (2)  may charge a nonrefundable application fee for:
4-18                       (A)  initial certification of the approval; or
4-19                       (B)  renewal of the certification;
4-20                 (3)  shall adopt rules regarding alcohol awareness
4-21     programs approved under this section; and
4-22                 (4)  shall monitor, coordinate, and provide training to
4-23     a person who provides an alcohol awareness program.
4-24           SECTION 5.  Subsection (a), Section 106.117, Alcoholic
4-25     Beverage Code, is amended to read as follows:
4-26           (a)  Each court, including a justice court, municipal court,
 5-1     or juvenile court, shall furnish to the Department of Public Safety
 5-2     a notice of each:
 5-3                 (1)  adjudication under Title 3, Family Code, for
 5-4     conduct that constitutes an offense under this chapter;
 5-5                 (2)  conviction of an offense under this chapter;
 5-6                 (3)  order of deferred disposition [adjudication] for
 5-7     an offense alleged under this chapter; and
 5-8                 (4)  acquittal of an offense under Section 106.041.
 5-9           SECTION 6.  Subsection (a), Section 521.457, Transportation
5-10     Code, is amended to read as follows:
5-11           (a)  A person commits an offense if the person operates a
5-12     motor vehicle on a highway:
5-13                 (1)  after the person's driver's license has been
5-14     canceled under this chapter if the person does not have a license
5-15     that was subsequently issued under this chapter;
5-16                 (2)  during a period that the person's driver's license
5-17     or privilege is suspended or revoked under:
5-18                       (A)  this chapter;
5-19                       (B)  Chapter 524;
5-20                       (C)  Chapter 724; [or]
5-21                       (D)  Section 106.071, Alcoholic Beverage Code; or
5-22                       (E)  Article 42.12, Code of Criminal Procedure;
5-23                 (3)  while the person's driver's license is expired if
5-24     the license expired during a period of suspension imposed under:
5-25                       (A)  this chapter;
5-26                       (B)  Chapter 524;
 6-1                       (C)  Chapter 724; [or]
 6-2                       (D)  Section 106.071, Alcoholic Beverage Code; or
 6-3                       (E)  Article 42.12, Code of Criminal Procedure;
 6-4     or
 6-5                 (4)  after renewal of the person's driver's license has
 6-6     been denied under Chapter 706, if the person does not have a
 6-7     driver's license subsequently issued under this chapter.
 6-8           SECTION 7.  This Act takes effect September 1, 1999.
 6-9           SECTION 8.  The importance of this legislation and the
6-10     crowded condition of the calendars in both houses create an
6-11     emergency and an imperative public necessity that the
6-12     constitutional rule requiring bills to be read on three several
6-13     days in each house be suspended, and this rule is hereby suspended.