By: Watson, Ellis S.B. No. 1331
(Gallego)
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.
COMMITTEE AMENDMENT NO. 1
SECTION ____. Amend S.B. 1331 (Engrossed) to read as follows:
Page 1, line 8, after "It is an" and before "to the application"
strike "exception" and replace it with "does not apply to".
Burkett