LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
March 21, 2005

TO:
Honorable Kino Flores, Chair, House Committee on Licensing & Administrative Procedures
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB13 by Corte (Relating to punishment for the sale of an alcoholic beverage to a minor.), As Introduced

The bill would amend the Alcoholic Beverage Code by making the criminally negligent sale of alcohol to a minor punishable as a state jail felony if the person has been previously convicted of a sale to a minor or of a sale to an intoxicated or insane person.  The offense of selling an alcoholic beverage to a minor is currently punishable as a Class A misdemeanor. 
 
A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year, a fine not to exceed $4,000, or both fine and imprisonment. 
 
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
 
Assuming that sentencing patterns and release policies not addressed in this bill remain constant, the probable impact of implementing the provisions of the bill during each of the first five years following passage, in terms of daily demand upon the adult corrections agencies, is estimated as follows:



Fiscal Year Increase In Felony Community Supervision Population Increase In Demand for State Jail Capacity
2006 12 12
2007 67 67
2008 126 79
2009 175 80
2010 195 82


Source Agencies:
LBB Staff:
JOB, GG