By West S.B. No. 528
76R6182 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the civil and criminal consequences of certain actions
1-3 of a minor involving the acquisition, possession, or use of
1-4 alcohol; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 106.04(d), Alcoholic Beverage Code, is
1-7 amended to read as follows:
1-8 (d) A minor who commits an offense under this section and
1-9 who has been previously convicted twice or more of offenses under
1-10 this section is not eligible for deferred disposition
1-11 [adjudication]. For the purposes of this subsection:
1-12 (1) an adjudication under Title 3, Family Code, that
1-13 the minor engaged in conduct described by this section is
1-14 considered a conviction of an offense under this section; and
1-15 (2) an order of deferred disposition [adjudication]
1-16 for an offense alleged under this section is considered a
1-17 conviction of an offense under this section.
1-18 SECTION 2. Sections 106.041(f) and (h), Alcoholic Beverage
1-19 Code, are amended to read as follows:
1-20 (f) A minor who commits an offense under this section and
1-21 who has been previously convicted twice or more of offenses under
1-22 this section is not eligible for deferred disposition
1-23 [adjudication].
1-24 (h) For the purpose of determining whether a minor has been
2-1 previously convicted of an offense under this section:
2-2 (1) an adjudication under Title 3, Family Code, that
2-3 the minor engaged in conduct described by this section is
2-4 considered a conviction under this section; and
2-5 (2) an order of deferred disposition [adjudication]
2-6 for an offense alleged under this section is considered a
2-7 conviction of an offense under this section.
2-8 SECTION 3. Section 106.071, Alcoholic Beverage Code, is
2-9 amended by amending Subsections (d) and (f) and adding Subsections
2-10 (h) and (i) to read as follows:
2-11 (d) In addition to any fine and any order issued under
2-12 Section 106.115:
2-13 (1) the court shall order a minor placed on deferred
2-14 disposition for or convicted of an offense to which this section
2-15 applies to perform community service for:
2-16 (A) not less than eight or more than 12 hours,
2-17 if the minor has not been previously convicted of an offense to
2-18 which this section applies; or
2-19 (B) not less than 20 or more than 40 hours, if
2-20 the minor has been previously convicted once of an offense to which
2-21 this section applies; and
2-22 (2) the court shall order the Department of Public
2-23 Safety to suspend the [minor's] driver's license or permit of a
2-24 minor convicted of an offense to which this section applies or, if
2-25 the minor does not have a driver's license or permit, to deny the
2-26 issuance of a driver's license or permit for:
2-27 (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. Section 106.115(a), Alcoholic Beverage Code, is
3-22 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
3-27 approved by the Texas Commission on Alcohol and Drug Abuse. On
4-1 conviction of a minor of an offense under one or more of those
4-2 sections, [Section 106.02, 106.025, 106.04, 106.041, 106.05, or
4-3 106.07] the court, in addition to assessing a fine as provided by
4-4 those sections, shall require a defendant who has not been
4-5 previously convicted of an offense under one of those sections to
4-6 attend the [an] alcohol awareness program [approved by the Texas
4-7 Commission on Alcohol and Drug Abuse]. If the defendant has been
4-8 previously convicted once or more of an offense under one or more
4-9 of those sections, the court may require the defendant to attend
4-10 the alcohol awareness program [course]. If the defendant is
4-11 younger than 18 years of age, the court may require the parent or
4-12 guardian of the defendant to attend the program with the defendant.
4-13 The Texas Commission on Alcohol and Drug Abuse:
4-14 (1) is responsible for the administration of the
4-15 certification of approved alcohol awareness programs;
4-16 (2) may charge a nonrefundable application fee for:
4-17 (A) initial certification of the approval; or
4-18 (B) renewal of the certification;
4-19 (3) shall adopt rules regarding alcohol awareness
4-20 programs approved under this section; and
4-21 (4) shall monitor, coordinate, and provide training to
4-22 a person who provides an alcohol awareness program.
4-23 SECTION 5. Section 106.117(a), Alcoholic Beverage Code, is
4-24 amended to read as follows:
4-25 (a) Each court, including a justice court, municipal court,
4-26 or juvenile court, shall furnish to the Department of Public Safety
4-27 a notice of each:
5-1 (1) adjudication under Title 3, Family Code, for
5-2 conduct that constitutes an offense under this chapter;
5-3 (2) conviction of an offense under this chapter;
5-4 (3) order of deferred disposition [adjudication] for
5-5 an offense alleged under this chapter; and
5-6 (4) acquittal of an offense under Section 106.041.
5-7 SECTION 6. Section 521.457(a), Transportation Code, is
5-8 amended to read as follows:
5-9 (a) A person commits an offense if the person operates a
5-10 motor vehicle on a highway:
5-11 (1) after the person's driver's license has been
5-12 canceled under this chapter if the person does not have a license
5-13 that was subsequently issued under this chapter;
5-14 (2) during a period that the person's driver's license
5-15 or privilege is suspended or revoked under:
5-16 (A) this chapter;
5-17 (B) Chapter 524;
5-18 (C) Chapter 724; [or]
5-19 (D) Section 106.071, Alcoholic Beverage Code; or
5-20 (E) Article 42.12, Code of Criminal Procedure;
5-21 (3) while the person's driver's license is expired if
5-22 the license expired during a period of suspension imposed under:
5-23 (A) this chapter;
5-24 (B) Chapter 524;
5-25 (C) Chapter 724; [or]
5-26 (D) Section 106.071, Alcoholic Beverage Code; or
5-27 (E) Article 42.12, Code of Criminal Procedure;
6-1 or
6-2 (4) after renewal of the person's driver's license has
6-3 been denied under Chapter 706, if the person does not have a
6-4 driver's license subsequently issued under this chapter.
6-5 SECTION 7. This Act takes effect September 1, 1999.
6-6 SECTION 8. The importance of this legislation and the
6-7 crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended.