82R16218 MCK-D
 
  By: Gallego H.B. No. 3474
 
  Substitute the following for H.B. No. 3474:
 
  By:  Gallego C.S.H.B. No. 3474
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to criminal offenses regarding the possession or
  consumption of alcoholic beverages by a minor and providing
  alcoholic beverages to a minor.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 106.04, Alcoholic Beverage Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  It is an exception to the application of Subsection (a)
  that the minor:
               (1)  requested emergency medical assistance in
  response to the possible alcohol overdose of the minor or another
  person;
               (2)  was the first person to make a request for medical
  assistance under Subdivision (1); and
               (3)  if the minor requested emergency medical
  assistance for the possible alcohol overdose of another person:
                     (A)  remained on the scene until the medical
  assistance arrived; and
                     (B)  cooperated with medical assistance and law
  enforcement personnel.
         SECTION 2.  Section 106.05, Alcoholic Beverage Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  It is an exception to the application of Subsection (a)
  that the minor:
               (1)  requested emergency medical assistance in
  response to the possible alcohol overdose of the minor or another
  person;
               (2)  was the first person to make a request for medical
  assistance under Subdivision (1); and
               (3)  if the minor requested emergency medical
  assistance for the possible alcohol overdose of another person:
                     (A)  remained on the scene until the medical
  assistance arrived; and
                     (B)  cooperated with medical assistance and law
  enforcement personnel.
         SECTION 3.  Section 106.06, Alcoholic Beverage Code, is
  amended by adding Subsections (d) and (e) to read as follows:
         (d)  A judge, acting under Article 42.12, Code of Criminal
  Procedure, who places a defendant charged with an offense under
  this section on community supervision under that article shall, if
  the defendant committed the offense at a gathering where
  participants were involved in the abuse of alcohol, including binge
  drinking or forcing or coercing individuals to consume alcohol, in
  addition to any other condition imposed by the judge:
               (1)  require the defendant to:
                     (A)  perform community service for not less than
  20 or more than 40 hours; and
                     (B)  attend an alcohol awareness program approved
  under Section 106.115; and
               (2)  order the Department of Public Safety to suspend
  the driver's license or permit of the defendant or, if the defendant
  does not have a driver's license or permit, to deny the issuance of
  a driver's license or permit to the defendant for 180 days.
         (e)  Community service ordered under Subsection (d) is in
  addition to any community service ordered by the judge under
  Section 16, Article 42.12, Code of Criminal Procedure, and must be
  related to education about or prevention of misuse of alcohol if
  programs or services providing that education are available in the
  community in which the court is located. If programs or services
  providing that education are not available, the court may order
  community service that the court considers appropriate for
  rehabilitative purposes.
         SECTION 4.  (a) The change in law made by this Act applies
  only to an offense committed on or after the effective date of this
  Act. For purposes of this section, an offense is committed before
  the effective date of this Act if any element of the offense occurs
  before the effective date.
         (b)  An offense committed before the effective date of this
  Act is covered by the law in effect when the offense was committed,
  and the former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2011.