SRC-BWC H.B. 2991 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2991
77R7590 JMC-DBy: Gutierrez (West)
Criminal Justice
5/6/2001
Engrossed


DIGEST AND PURPOSE 

While the legal drinking age in Mexico is 18, some bars near the
international border do not enforce this law, thus allowing minors to
drink.  According to the U.S. State Department, Mexico arrests over 1,000
Americans abroad per year with about 450 U.S. citizens in prison at any one
time.  The rights guaranteed by the Mexican Constitution differ greatly
from those guaranteed by the U.S. Constitution, creating potential legal
problems for any minor drinking in Mexico.  H.B. 2991 requires a peace
officer to prevent a person younger than 18 years of age from crossing the
Texas-Mexico border without a parent or proper documents.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 2, Code of Criminal Procedure, by adding Article
2.131, as follows: 

Art. 2.131.  DUTY TO PREVENT CERTAIN JUVENILES FROM CROSSING BORDER.
Requires a peace officer who observes a person younger than 18 years of age
attempting to cross the border between this state and Mexico to prevent the
person from crossing the border unless the person is accompanied by a
parent or guardian, or has written consent from the person's parent or
guardian to cross the border or has a current United States passport issued
to the person.  Prohibits a peace officer who prevents a person from
crossing the border as required by this article from detaining the person
unless the officer has reasonable suspicion or probable cause to believe
that the person has engaged in conduct prohibited by law. 

SECTION 2.  Effective date: September 1, 2001.