Texas 2017 - 85th Regular

Texas House Bill HB1999 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~85R5550 BEE-D~~
2		-	~~By: Israel H~~.~~B. No. 1999~~
	1	+	By: Israel, Murphy, White, Moody, Arévalo, H.B. No. 1999
	2	+	et al.
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to a violation regarding the purchase, possession, or
8	8		consumption of alcoholic beverages by a minor or the
9	9		misrepresentation of age by a minor; authorizing a civil penalty;
10	10		creating a criminal offense.
11	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12		SECTION 1. Section 106.02, Alcoholic Beverage Code, is
13	13		amended to read as follows:
14	14		Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR. (a) Except as
15	15		provided by Subsection (b), a [A] minor may not purchase [commits an
16	16		offense if the minor purchases] an alcoholic beverage.
17	17		(b) A minor may purchase an alcoholic beverage [does not
18	18		commit an offense] if the minor purchases the [an] alcoholic
19	19		beverage under the immediate supervision of a commissioned peace
20	20		officer engaged in enforcing the provisions of this code.
21	21		[(b) An offense under this section is punishable as provided
22	22		by Section 106.071.]
23	23		SECTION 2. Section 106.025, Alcoholic Beverage Code, is
24	24		amended to read as follows:
25	25		Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR. [(a)]
26	26		A minor may not [commits an offense if], with specific intent to
27	27		violate [commit an offense under] Section 106.02 [of this code],
28	28		commit [the minor does] an act amounting to more than mere
29	29		preparation that tends but fails to effect the violation
30	30		[commission of the offense] intended.
31	31		[(b) An offense under this section is punishable as provided
32	32		by Section 106.071.]
33	33		SECTION 3. Section 106.04, Alcoholic Beverage Code, is
34	34		amended to read as follows:
35	35		Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (a) Except
36	36		as provided by Subsection (b), a [A] minor may not consume [commits
37	37		an offense if he consumes] an alcoholic beverage.
38	38		(b) A minor may consume an [It is an affirmative defense to
39	39		prosecution under this section that the] alcoholic beverage [was
40	40		consumed] in the visible presence of the minor's adult parent,
41	41		guardian, or spouse.
42	42		(c) [An offense under this section is punishable as provided
43	43		by Section 106.071.
44	44		[(d)] A minor who violates [commits an offense under] this
45	45		section and who has been previously convicted two [twice] or more
46	46		times of an offense [offenses] under Section 106.071 for a
47	47		violation of this section is not eligible for deferred disposition.
48	48		For the purposes of this subsection:
49	49		(1) an adjudication under Title 3, Family Code, that
50	50		the minor engaged in conduct described by this section is
51	51		considered a conviction of an offense under Section 106.071 for a
52	52		violation of this section; and
53	53		(2) an order of deferred disposition for an offense
54	54		alleged under Section 106.071 for a violation of this section is
55	55		considered a conviction of an offense under Section 106.071 [this
56	56		section].
57	57		(d) A minor may not be assessed a civil penalty under
58	58		Section 106.0701 for a violation of this section or prosecuted for
59	59		an offense under Section 106.071 for a violation of this section if
60	60		the [(e) Subsection (a) does not apply to a] minor [who]:
61	61		(1) requested emergency medical assistance in
62	62		response to the possible alcohol overdose of the minor or another
63	63		person;
64	64		(2) was the first person to make a request for medical
65	65		assistance under Subdivision (1); and
66	66		(3) if the minor requested emergency medical
67	67		assistance for the possible alcohol overdose of another person:
68	68		(A) remained on the scene until the medical
69	69		assistance arrived; and
70	70		(B) cooperated with medical assistance and law
71	71		enforcement personnel.
72	72		SECTION 4. Section 106.05, Alcoholic Beverage Code, is
73	73		amended to read as follows:
74	74		Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR. (a) Except
75	75		as provided in Subsection (b) [of this section], a minor may not
76	76		possess [commits an offense if he possesses] an alcoholic beverage.
77	77		(b) A minor may possess an alcoholic beverage:
78	78		(1) while in the course and scope of the minor's
79	79		employment if the minor is an employee of a licensee or permittee
80	80		and the employment is not prohibited by this code;
81	81		(2) if the minor is in the visible presence of the
82	82		minor's [his] adult parent, guardian, or spouse, or other adult to
83	83		whom the minor has been committed by a court;
84	84		(3) if the minor is under the immediate supervision of
85	85		a commissioned peace officer engaged in enforcing the provisions of
86	86		this code; or
87	87		(4) if the beverage is lawfully provided to the minor
88	88		under Section 106.16.
89	89		(c) A minor may not be assessed a civil penalty under
90	90		Section 106.0701 for a violation of this section or prosecuted for
91	91		an offense under Section 106.071 for a violation of this section if
92	92		the [An offense under this section is punishable as provided by
93	93		Section 106.071.
94	94		[(d) Subsection (a) does not apply to a] minor [who]:
95	95		(1) requested emergency medical assistance in
96	96		response to the possible alcohol overdose of the minor or another
97	97		person;
98	98		(2) was the first person to make a request for medical
99	99		assistance under Subdivision (1); and
100	100		(3) if the minor requested emergency medical
101	101		assistance for the possible alcohol overdose of another person:
102	102		(A) remained on the scene until the medical
103	103		assistance arrived; and
104	104		(B) cooperated with medical assistance and law
105	105		enforcement personnel.
106	106		SECTION 5. Section 106.07, Alcoholic Beverage Code, is
107	107		amended to read as follows:
108	108		Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR. [(a)] A
109	109		minor may not [commits an offense if he] falsely state [states] that
110	110		the minor [he] is 21 years of age or older or present [presents] any
111	111		document that indicates the minor [he] is 21 years of age or older
112	112		to a person engaged in selling or serving alcoholic beverages.
113	113		[(b) An offense under this section is punishable as provided
114	114		by Section 106.071.]
115	115		SECTION 6. Chapter 106, Alcoholic Beverage Code, is amended
116	116		by adding Sections 106.0701 and 106.0702 to read as follows:
117	117		Sec. 106.0701. CIVIL PENALTY FOR ALCOHOL-RELATED VIOLATION
118	118		BY MINOR. (a) A minor who violates Section 106.02, 106.025,
119	119		106.04, 106.05, or 106.07 is liable to the state for a civil penalty
120	120		in an amount not to exceed $500.
121	121		(b) A judge of a municipal court of a municipality in which
122	122		or a justice of the peace of a county in which a violation described
123	123		by Subsection (a) is alleged to have occurred may hear and determine
124	124		the case.
125	125		(c) The attorney general or the prosecuting attorney in the
126		-	county in which the violation occurs may bring suit ~~to recover the~~
127		-	civil penalty imposed under Subsection (a).
	126	+	municipality or county in which the violation occurs may bring suit
	127	+	to recover the civil penalty imposed under Subsection (a).
128	128		(d) A civil penalty collected under this section shall be
129	129		deposited in the state treasury to the credit of the general revenue
130	130		fund.
131	131		Sec. 106.0702. COMMUNITY SERVICE IN SATISFACTION OF
132	132		PENALTY. A person may discharge a civil penalty assessed under
133	133		Section 106.0701 by performing community service for not less than
134	134		20 or more than 40 hours.
135	135		SECTION 7. The heading to Section 106.071, Alcoholic
136	136		Beverage Code, is amended to read as follows:
137	137		Sec. 106.071. [PUNISHMENT FOR] ALCOHOL-RELATED OFFENSE BY
138	138		MINOR; PUNISHMENT.
139	139		SECTION 8. Sections 106.071(a), (b), and (c), Alcoholic
140	140		Beverage Code, are amended to read as follows:
141	141		(a) A minor commits [This section applies to] an offense if
142	142		the minor:
143	143		(1) has previously been assessed a civil penalty under
144		-	Section 106.0701 ~~on at least two occasions~~; and
	144	+	Section 106.0701; and
145	145		(2) subsequently violates Section 106.02, 106.025,
146	146		106.04, 106.05, or 106.07.
147	147		(b) Except as provided by Subsection (c), an offense under
148	148		Subsection (a) [to which this section applies] is a Class C
149	149		misdemeanor.
150	150		(c) If it is shown at the trial of the defendant that the
151	151		defendant is a minor who is not a child and who has been previously
152	152		convicted at least twice of an offense under Subsection (a) [to
153	153		which this section applies], the offense is punishable by:
154	154		(1) a fine of not less than $250 or more than $2,000;
155	155		(2) confinement in jail for a term not to exceed 180
156	156		days; or
157	157		(3) both the fine and confinement.
158	158		SECTION 9. Section 106.115(a), Alcoholic Beverage Code, as
159	159		effective September 1, 2017, is amended to read as follows:
160	160		(a) On the placement of a minor on deferred disposition for
161	161		an offense under Section 49.02, Penal Code, or under Section
162	162		106.071 [106.02, 106.025, 106.04, 106.041, 106.05, or 106.07], the
163	163		court shall require the defendant to attend an alcohol awareness
164	164		program approved by the Texas Department of Licensing and
165	165		Regulation under this section, a drug education program approved by
166	166		the Department of State Health Services in accordance with Section
167	167		521.374, Transportation Code, or a drug and alcohol driving
168	168		awareness program approved by the Texas Education Agency. On
169	169		conviction of a minor of an offense under one or more of those
170	170		sections, the court, in addition to assessing a fine as provided by
171	171		those sections, shall require a defendant who has not been
172	172		previously convicted of an offense under one of those sections to
173	173		attend an alcohol awareness program, a drug education program, or a
174	174		drug and alcohol driving awareness program described by this
175	175		subsection. If the defendant has been previously convicted once or
176	176		more of an offense under one or more of those sections, the court
177	177		may require the defendant to attend an alcohol awareness program, a
178	178		drug education program, or a drug and alcohol driving awareness
179	179		program described by this subsection. If the defendant is younger
180	180		than 18 years of age, the court may require the parent or guardian
181	181		of the defendant to attend the program with the defendant. The
182	182		Texas Department of Licensing and Regulation or Texas Commission of
183	183		Licensing and Regulation, as appropriate:
184	184		(1) is responsible for the administration of the
185	185		certification of approved alcohol awareness programs;
186	186		(2) may charge a nonrefundable application fee for:
187	187		(A) initial certification of the approval; or
188	188		(B) renewal of the certification;
189	189		(3) shall adopt rules regarding alcohol awareness
190	190		programs approved under this section; and
191	191		(4) shall monitor, coordinate, and provide training to
192	192		a person who provides an alcohol awareness program.
193	193		SECTION 10. Articles 45.049(g) and (h), Code of Criminal
194	194		Procedure, are amended to read as follows:
195	195		(g) This subsection applies only to a defendant who is
196	196		charged with a traffic offense or an offense under Section 106.071,
197	197		Alcoholic Beverage Code, involving a violation of Section 106.05,
198	198		Alcoholic Beverage Code, and is a resident of this state. If under
199	199		Article 45.051(b)(10), Code of Criminal Procedure, the judge
200	200		requires the defendant to perform community service as a condition
201	201		of the deferral, the defendant is entitled to elect whether to
202	202		perform the required governmental entity or nonprofit organization
203	203		community service in:
204	204		(1) the county in which the court is located; or
205	205		(2) the county in which the defendant resides, but
206	206		only if the entity or organization agrees to:
207	207		(A) supervise the defendant in the performance of
208	208		the defendant's community service work; and
209	209		(B) report to the court on the defendant's
210	210		community service work.
211	211		(h) This subsection applies only to a defendant charged with
212	212		an offense under Section 106.071, Alcoholic Beverage Code,
213	213		involving a violation of Section 106.05, Alcoholic Beverage Code,
214	214		who, under Subsection (g), elects to perform the required community
215	215		service in the county in which the defendant resides. The community
216	216		service must comply with Sections 106.071(d) and (e), Alcoholic
217	217		Beverage Code, except that if the educational programs or services
218	218		described by Section 106.071(e) are not available in the county of
219	219		the defendant's residence, the court may order community service
220	220		that it considers appropriate for rehabilitative purposes.
221	221		SECTION 11. Section 53.03(g), Family Code, is amended to
222	222		read as follows:
223	223		(g) Prosecution may not be deferred for a child alleged to
224	224		have engaged in conduct that:
225	225		(1) is an offense under Section 49.04, 49.05, 49.06,
226	226		49.07, or 49.08, Penal Code; or
227	227		(2) is a third or subsequent offense under Section
228	228		106.071, Alcoholic Beverage Code, involving a violation of Section
229	229		106.04 or 106.041, Alcoholic Beverage Code.
230	230		SECTION 12. Section 38.02(e), Penal Code, is amended to
231	231		read as follows:
232	232		(e) If conduct that constitutes an offense under this
233	233		section also constitutes a violation of [an offense under] Section
234	234		106.07, Alcoholic Beverage Code, the actor may only be, as
235	235		applicable:
236	236		(1) assessed a civil penalty under Section 106.0701,
237	237		Alcoholic Beverage Code; or
238	238		(2) prosecuted [only] under Section 106.071,
239	239		Alcoholic Beverage Code [106.07].
240	240		SECTION 13. Section 49.02(e), Penal Code, is amended to
241	241		read as follows:
242	242		(e) An offense under this section committed by a person
243	243		younger than 21 years of age is punishable in the same manner as if
244	244		the minor committed an offense under [to which] Section 106.071,
245	245		Alcoholic Beverage Code [, applies].
246	246		SECTION 14. Section 521.342(a), Transportation Code, is
247	247		amended to read as follows:
248	248		(a) Except as provided by Section 521.344, the license of a
249	249		person who was under 21 years of age at the time of the offense,
250	250		other than an offense classified as a misdemeanor punishable by
251	251		fine only, is automatically suspended on conviction of:
252	252		(1) an offense under Section 49.04, 49.045, or 49.07,
253	253		Penal Code, committed as a result of the introduction of alcohol
254	254		into the body;
255	255		(2) an offense under the Alcoholic Beverage Code,
256	256		other than an offense under [to which] Section 106.071 of that code
257	257		[applies], involving the manufacture, delivery, possession,
258	258		transportation, or use of an alcoholic beverage;
259	259		(3) a misdemeanor offense under Chapter 481, Health
260	260		and Safety Code, for which Subchapter P does not require the
261	261		automatic suspension of the license;
262	262		(4) an offense under Chapter 483, Health and Safety
263	263		Code, involving the manufacture, delivery, possession,
264	264		transportation, or use of a dangerous drug; or
265	265		(5) an offense under Chapter 485, Health and Safety
266	266		Code, involving the manufacture, delivery, possession,
267	267		transportation, or use of an abusable volatile chemical.
268	268		SECTION 15. Section 521.451(c), Transportation Code, is
269	269		amended to read as follows:
270	270		(c) If conduct that constitutes an offense under Subsection
271	271		(a) also constitutes a violation of [an offense under] Section
272	272		106.07, Alcoholic Beverage Code, the actor may only be, as
273	273		applicable:
274	274		(1) assessed a civil penalty under Section 106.0701,
275	275		Alcoholic Beverage Code; or
276	276		(2) prosecuted [only] under Section 106.071 [106.07],
277	277		Alcoholic Beverage Code.
278	278		SECTION 16. The changes in law made by this Act apply only
279	279		to an offense committed or conduct that occurs on or after the
280	280		effective date of this Act. An offense committed or conduct that
281	281		occurs before the effective date of this Act is governed by the law
282	282		in effect on the date the offense was committed or the conduct
283	283		occurred, and the former law is continued in effect for that
284	284		purpose. For purposes of this section, an offense was committed or
285	285		conduct occurred before the effective date of this Act if any
286	286		element of the offense or conduct occurred before that date.
287	287		SECTION 17. This Act takes effect September 1, 2017.