1-1 By: West S.B. No. 528
1-2 (In the Senate - Filed February 16, 1999; February 17, 1999,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 15, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; March 15, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the civil and criminal consequences of certain actions
1-9 of a minor involving the acquisition, possession, or use of
1-10 alcohol; providing penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (d), Section 106.04, Alcoholic
1-13 Beverage Code, is amended to read as follows:
1-14 (d) A minor who commits an offense under this section and
1-15 who has been previously convicted twice or more of offenses under
1-16 this section is not eligible for deferred disposition
1-17 [adjudication]. For the purposes of this subsection:
1-18 (1) an adjudication under Title 3, Family Code, that
1-19 the minor engaged in conduct described by this section is
1-20 considered a conviction of an offense under this section; and
1-21 (2) an order of deferred disposition [adjudication]
1-22 for an offense alleged under this section is considered a
1-23 conviction of an offense under this section.
1-24 SECTION 2. Subsections (f) and (h), Section 106.041,
1-25 Alcoholic Beverage Code, are amended to read as follows:
1-26 (f) A minor who commits an offense under this section and
1-27 who has been previously convicted twice or more of offenses under
1-28 this section is not eligible for deferred disposition
1-29 [adjudication].
1-30 (h) For the purpose of determining whether a minor has been
1-31 previously convicted of an offense under this section:
1-32 (1) an adjudication under Title 3, Family Code, that
1-33 the minor engaged in conduct described by this section is
1-34 considered a conviction under this section; and
1-35 (2) an order of deferred disposition [adjudication]
1-36 for an offense alleged under this section is considered a
1-37 conviction of an offense under this section.
1-38 SECTION 3. Section 106.071, Alcoholic Beverage Code, is
1-39 amended by amending Subsections (d) and (f) and adding Subsections
1-40 (h) and (i) to read as follows:
1-41 (d) In addition to any fine and any order issued under
1-42 Section 106.115:
1-43 (1) the court shall order a minor placed on deferred
1-44 disposition for or convicted of an offense to which this section
1-45 applies to perform community service for:
1-46 (A) not less than eight or more than 12 hours,
1-47 if the minor has not been previously convicted of an offense to
1-48 which this section applies; or
1-49 (B) not less than 20 or more than 40 hours, if
1-50 the minor has been previously convicted once of an offense to which
1-51 this section applies; and
1-52 (2) the court shall order the Department of Public
1-53 Safety to suspend the [minor's] driver's license or permit of a
1-54 minor convicted of an offense to which this section applies or, if
1-55 the minor does not have a driver's license or permit, to deny the
1-56 issuance of a driver's license or permit for:
1-57 (A) 30 days, if the minor has not been
1-58 previously convicted of an offense to which this section applies;
1-59 (B) 60 days, if the minor has been previously
1-60 convicted once of an offense to which this section applies; or
1-61 (C) 180 days, if the minor has been previously
1-62 convicted twice or more of an offense to which this section
1-63 applies.
1-64 (f) For the purpose of determining whether a minor has been
2-1 previously convicted of an offense to which this section applies:
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 (h) A driver's license suspension under this section takes
2-9 effect on the 11th day after the date the minor is convicted.
2-10 (i) A defendant who is not a child and who has been
2-11 previously convicted at least twice of an offense to which this
2-12 section applies is not eligible to receive a deferral of final
2-13 disposition of a subsequent offense.
2-14 SECTION 4. Subsection (a), Section 106.115, Alcoholic
2-15 Beverage Code, is amended to read as follows:
2-16 (a) On the placement of a minor on deferred disposition for
2-17 an offense under Section 49.02, Penal Code, or under Section
2-18 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
2-19 shall require the defendant to attend an alcohol awareness program
2-20 approved by the Texas Commission on Alcohol and Drug Abuse. On
2-21 conviction of a minor of an offense under one or more of those
2-22 sections, [Section 106.02, 106.025, 106.04, 106.041, 106.05, or
2-23 106.07] the court, in addition to assessing a fine as provided by
2-24 those sections, shall require a defendant who has not been
2-25 previously convicted of an offense under one of those sections to
2-26 attend the [an] alcohol awareness program [approved by the Texas
2-27 Commission on Alcohol and Drug Abuse]. If the defendant has been
2-28 previously convicted once or more of an offense under one or more
2-29 of those sections, the court may require the defendant to attend
2-30 the alcohol awareness program [course]. If the defendant is
2-31 younger than 18 years of age, the court may require the parent or
2-32 guardian of the defendant to attend the program with the defendant.
2-33 The Texas Commission on Alcohol and Drug Abuse:
2-34 (1) is responsible for the administration of the
2-35 certification of approved alcohol awareness programs;
2-36 (2) may charge a nonrefundable application fee for:
2-37 (A) initial certification of the approval; or
2-38 (B) renewal of the certification;
2-39 (3) shall adopt rules regarding alcohol awareness
2-40 programs approved under this section; and
2-41 (4) shall monitor, coordinate, and provide training to
2-42 a person who provides an alcohol awareness program.
2-43 SECTION 5. Subsection (a), Section 106.117, Alcoholic
2-44 Beverage Code, is amended to read as follows:
2-45 (a) Each court, including a justice court, municipal court,
2-46 or juvenile court, shall furnish to the Department of Public Safety
2-47 a notice of each:
2-48 (1) adjudication under Title 3, Family Code, for
2-49 conduct that constitutes an offense under this chapter;
2-50 (2) conviction of an offense under this chapter;
2-51 (3) order of deferred disposition [adjudication] for
2-52 an offense alleged under this chapter; and
2-53 (4) acquittal of an offense under Section 106.041.
2-54 SECTION 6. Subsection (a), Section 521.457, Transportation
2-55 Code, is amended to read as follows:
2-56 (a) A person commits an offense if the person operates a
2-57 motor vehicle on a highway:
2-58 (1) after the person's driver's license has been
2-59 canceled under this chapter if the person does not have a license
2-60 that was subsequently issued under this chapter;
2-61 (2) during a period that the person's driver's license
2-62 or privilege is suspended or revoked under:
2-63 (A) this chapter;
2-64 (B) Chapter 524;
2-65 (C) Chapter 724; [or]
2-66 (D) Section 106.071, Alcoholic Beverage Code; or
2-67 (E) Article 42.12, Code of Criminal Procedure;
2-68 (3) while the person's driver's license is expired if
2-69 the license expired during a period of suspension imposed under:
3-1 (A) this chapter;
3-2 (B) Chapter 524;
3-3 (C) Chapter 724; [or]
3-4 (D) Section 106.071, Alcoholic Beverage Code; or
3-5 (E) Article 42.12, Code of Criminal Procedure;
3-6 or
3-7 (4) after renewal of the person's driver's license has
3-8 been denied under Chapter 706, if the person does not have a
3-9 driver's license subsequently issued under this chapter.
3-10 SECTION 7. This Act takes effect September 1, 1999.
3-11 SECTION 8. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.
3-16 * * * * *