Texas 2011 - 82nd Regular

Texas House Bill HB3474 Compare Versions

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1	1	By: Gallego (Senate Sponsor - Watson) H.B. No. 3474
2	2	(In the Senate - Received from the House May 16, 2011;
3	3	May 16, 2011, read first time and referred to Committee on Criminal
4	4	Justice; May 21, 2011, reported favorably by the following vote:
5	5	Yeas 6, Nays 0; May 21, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to criminal offenses regarding the possession or
11	11	consumption of alcoholic beverages by a minor and providing
12	12	alcoholic beverages to a minor.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 106.04, Alcoholic Beverage Code, is
15	15	amended by adding Subsection (e) to read as follows:
16	16	(e) Subsection (a) does not apply to a minor who:
17	17	(1) requested emergency medical assistance in
18	18	response to the possible alcohol overdose of the minor or another
19	19	person;
20	20	(2) was the first person to make a request for medical
21	21	assistance under Subdivision (1); and
22	22	(3) if the minor requested emergency medical
23	23	assistance for the possible alcohol overdose of another person:
24	24	(A) remained on the scene until the medical
25	25	assistance arrived; and
26	26	(B) cooperated with medical assistance and law
27	27	enforcement personnel.
28	28	SECTION 2. Section 106.05, Alcoholic Beverage Code, is
29	29	amended by adding Subsection (d) to read as follows:
30	30	(d) Subsection (a) does not apply to a minor who:
31	31	(1) requested emergency medical assistance in
32	32	response to the possible alcohol overdose of the minor or another
33	33	person;
34	34	(2) was the first person to make a request for medical
35	35	assistance under Subdivision (1); and
36	36	(3) if the minor requested emergency medical
37	37	assistance for the possible alcohol overdose of another person:
38	38	(A) remained on the scene until the medical
39	39	assistance arrived; and
40	40	(B) cooperated with medical assistance and law
41	41	enforcement personnel.
42	42	SECTION 3. Section 106.06, Alcoholic Beverage Code, is
43	43	amended by adding Subsections (d) and (e) to read as follows:
44	44	(d) A judge, acting under Article 42.12, Code of Criminal
45	45	Procedure, who places a defendant charged with an offense under
46	46	this section on community supervision under that article shall, if
47	47	the defendant committed the offense at a gathering where
48	48	participants were involved in the abuse of alcohol, including binge
49	49	drinking or forcing or coercing individuals to consume alcohol, in
50	50	addition to any other condition imposed by the judge:
51	51	(1) require the defendant to:
52	52	(A) perform community service for not less than
53	53	20 or more than 40 hours; and
54	54	(B) attend an alcohol awareness program approved
55	55	under Section 106.115; and
56	56	(2) order the Department of Public Safety to suspend
57	57	the driver's license or permit of the defendant or, if the defendant
58	58	does not have a driver's license or permit, to deny the issuance of
59	59	a driver's license or permit to the defendant for 180 days.
60	60	(e) Community service ordered under Subsection (d) is in
61	61	addition to any community service ordered by the judge under
62	62	Section 16, Article 42.12, Code of Criminal Procedure, and must be
63	63	related to education about or prevention of misuse of alcohol if
64	64	programs or services providing that education are available in the
65	65	community in which the court is located. If programs or services
66	66	providing that education are not available, the court may order
67	67	community service that the court considers appropriate for
68	68	rehabilitative purposes.
69	69	SECTION 4. (a) The change in law made by this Act applies
70	70	only to an offense committed on or after the effective date of this
71	71	Act. For purposes of this section, an offense is committed before
72	72	the effective date of this Act if any element of the offense occurs
73	73	before the effective date.
74	74	(b) An offense committed before the effective date of this
75	75	Act is covered by the law in effect when the offense was committed,
76	76	and the former law is continued in effect for that purpose.
77	77	SECTION 5. This Act takes effect September 1, 2011.
78	78	* * * * *