Texas 2019 - 86th Regular

Texas House Bill HB1721 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R5725 BEE-D
2	2	By: Israel H.B. No. 1721
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	(e) [(f)] Except as provided by Subsections (f) and
73	73	[Subsection] (g), [Subsection (a) does not apply to] a minor may not
74	74	be assessed a civil penalty under Section 106.0701 for a violation
75	75	of this section or prosecuted for an offense under Section 106.071
76	76	for a violation of this section if the minor [who] reports the
77	77	sexual assault of the minor or another person, or is the victim of a
78	78	sexual assault reported by another person, to:
79	79	(1) a health care provider treating the victim of the
80	80	sexual assault;
81	81	(2) an employee of a law enforcement agency, including
82	82	an employee of a campus police department of an institution of
83	83	higher education; or
84	84	(3) the Title IX coordinator of an institution of
85	85	higher education or another employee of the institution responsible
86	86	for responding to reports of sexual assault.
87	87	(f) [(g)] A minor is exempted from the assessment of a civil
88	88	penalty under Section 106.0701 as provided by Subsection (e) and is
89	89	entitled to raise the defense provided by Subsection (e) [(f)] in
90	90	the prosecution of an offense under Section 106.071 [this section]
91	91	only if the minor is in violation of this section at the time of the
92	92	commission of a sexual assault that is:
93	93	(1) reported by the minor under Subsection (e) [(f)];
94	94	or
95	95	(2) committed against the minor and reported by
96	96	another person under Subsection (e) [(f)].
97	97	(g) [(h)] A minor who commits a sexual assault that is
98	98	reported under Subsection (e) [(f)] is not exempted from the
99	99	assessment of a civil penalty under Section 106.0701 as provided by
100	100	Subsection (e) or entitled to raise the defense provided by
101	101	Subsection (e) [(f)] in the prosecution of the minor for an offense
102	102	under Section 106.071 [this section].
103	103	SECTION 4. Section 106.05, Alcoholic Beverage Code, is
104	104	amended to read as follows:
105	105	Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR. (a) Except
106	106	as provided in Subsection (b) [of this section], a minor may not
107	107	possess [commits an offense if he possesses] an alcoholic beverage.
108	108	(b) A minor may possess an alcoholic beverage:
109	109	(1) while in the course and scope of the minor's
110	110	employment if the minor is an employee of a licensee or permittee
111	111	and the employment is not prohibited by this code;
112	112	(2) if the minor is in the visible presence of the
113	113	minor's [his] adult parent, guardian, or spouse, or other adult to
114	114	whom the minor has been committed by a court;
115	115	(3) if the minor is under the immediate supervision of
116	116	a commissioned peace officer engaged in enforcing the provisions of
117	117	this code; or
118	118	(4) if the beverage is lawfully provided to the minor
119	119	under Section 106.16.
120	120	(c) A minor may not be assessed a civil penalty under
121	121	Section 106.0701 for a violation of this section or prosecuted for
122	122	an offense under Section 106.071 for a violation of this section if
123	123	the [An offense under this section is punishable as provided by
124	124	Section 106.071.
125	125	[(d) Subsection (a) does not apply to a] minor [who]:
126	126	(1) requested emergency medical assistance in
127	127	response to the possible alcohol overdose of the minor or another
128	128	person;
129	129	(2) was the first person to make a request for medical
130	130	assistance under Subdivision (1); and
131	131	(3) if the minor requested emergency medical
132	132	assistance for the possible alcohol overdose of another person:
133	133	(A) remained on the scene until the medical
134	134	assistance arrived; and
135	135	(B) cooperated with medical assistance and law
136	136	enforcement personnel.
137	137	(d) [(e)] Except as provided by Subsections (e) and
138	138	[Subsection] (f), [Subsection (a) does not apply to] a minor may not
139	139	be assessed a civil penalty under Section 106.0701 for a violation
140	140	of this section or prosecuted for an offense under Section 106.071
141	141	for a violation of this section if the minor [who] reports the
142	142	sexual assault of the minor or another person, or is the victim of a
143	143	sexual assault reported by another person, to:
144	144	(1) a health care provider treating the victim of the
145	145	sexual assault;
146	146	(2) an employee of a law enforcement agency, including
147	147	an employee of a campus police department of an institution of
148	148	higher education; or
149	149	(3) the Title IX coordinator of an institution of
150	150	higher education or another employee of the institution responsible
151	151	for responding to reports of sexual assault.
152	152	(e) [(f)] A minor is exempted from the assessment of a civil
153	153	penalty under Section 106.0701 as provided by Subsection (d) and is
154	154	entitled to raise the defense provided by Subsection (d) [(e)] in
155	155	the prosecution of an offense under Section 106.071 [this section]
156	156	only if the minor is in violation of this section at the time of the
157	157	commission of a sexual assault that is:
158	158	(1) reported by the minor under Subsection (d) [(e)];
159	159	or
160	160	(2) committed against the minor and reported by
161	161	another person under Subsection (d) [(e)].
162	162	(f) [(g)] A minor who commits a sexual assault that is
163	163	reported under Subsection (d) [(e)] is not exempted from the
164	164	assessment of a civil penalty under Section 106.0701 as provided by
165	165	Subsection (d) or entitled to raise the defense provided by
166	166	Subsection (d) [(e)] in the prosecution of the minor for an offense
167	167	under Section 106.071 [this section].
168	168	SECTION 5. Section 106.07, Alcoholic Beverage Code, is
169	169	amended to read as follows:
170	170	Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR. [(a)] A
171	171	minor may not [commits an offense if he] falsely state [states] that
172	172	the minor [he] is 21 years of age or older or present [presents] any
173	173	document that indicates the minor [he] is 21 years of age or older
174	174	to a person engaged in selling or serving alcoholic beverages.
175	175	[(b) An offense under this section is punishable as provided
176	176	by Section 106.071.]
177	177	SECTION 6. Chapter 106, Alcoholic Beverage Code, is amended
178	178	by adding Sections 106.0701 and 106.0702 to read as follows:
179	179	Sec. 106.0701. CIVIL PENALTY FOR ALCOHOL-RELATED VIOLATION
180	180	BY MINOR. (a) A minor who violates Section 106.02, 106.025,
181	181	106.04, 106.05, or 106.07 is liable to the state for a civil penalty
182	182	in an amount not to exceed $500.
183	183	(b) A judge of a municipal court of a municipality in which
184	184	or a justice of the peace of a county in which a violation described
185	185	by Subsection (a) is alleged to have occurred may hear and determine
186	186	the case.
187	187	(c) The attorney general or the prosecuting attorney in the
188	188	municipality or county in which the violation occurs may bring suit
189	189	to recover the civil penalty imposed under Subsection (a).
190	190	(d) A civil penalty collected under this section shall be
191	191	deposited in the state treasury to the credit of the general revenue
192	192	fund.
193	193	Sec. 106.0702. COMMUNITY SERVICE IN SATISFACTION OF
194	194	PENALTY. A person may discharge a civil penalty assessed under
195	195	Section 106.0701 by performing community service for not less than
196	196	20 or more than 40 hours.
197	197	SECTION 7. The heading to Section 106.071, Alcoholic
198	198	Beverage Code, is amended to read as follows:
199	199	Sec. 106.071. [PUNISHMENT FOR] ALCOHOL-RELATED OFFENSE BY
200	200	MINOR; PUNISHMENT.
201	201	SECTION 8. Sections 106.071(a), (b), and (c), Alcoholic
202	202	Beverage Code, are amended to read as follows:
203	203	(a) A minor commits [This section applies to] an offense if
204	204	the minor:
205	205	(1) has previously been assessed a civil penalty under
206	206	Section 106.0701; and
207	207	(2) subsequently violates Section 106.02, 106.025,
208	208	106.04, 106.05, or 106.07.
209	209	(b) Except as provided by Subsection (c), an offense under
210	210	Subsection (a) [to which this section applies] is a Class C
211	211	misdemeanor.
212	212	(c) If it is shown at the trial of the defendant that the
213	213	defendant is a minor who is not a child and who has been previously
214	214	convicted at least twice of an offense under Subsection (a) [to
215	215	which this section applies], the offense is punishable by:
216	216	(1) a fine of not less than $250 or more than $2,000;
217	217	(2) confinement in jail for a term not to exceed 180
218	218	days; or
219	219	(3) both the fine and confinement.
220	220	SECTION 9. Section 106.115(a), Alcoholic Beverage Code, is
221	221	amended to read as follows:
222	222	(a) On the placement of a minor on deferred disposition for
223	223	an offense under Section 49.02, Penal Code, or under Section
224	224	106.071 [106.02, 106.025, 106.04, 106.041, 106.05, or 106.07], the
225	225	court shall require the defendant to attend an alcohol awareness
226	226	program approved by the Texas Department of Licensing and
227	227	Regulation under this section, a drug education program approved by
228	228	the Department of State Health Services in accordance with Section
229	229	521.374, Transportation Code, or a drug and alcohol driving
230	230	awareness program approved by the Texas Education Agency. On
231	231	conviction of a minor of an offense under one or more of those
232	232	sections, the court, in addition to assessing a fine as provided by
233	233	those sections, shall require a defendant who has not been
234	234	previously convicted of an offense under one of those sections to
235	235	attend an alcohol awareness program, a drug education program, or a
236	236	drug and alcohol driving awareness program described by this
237	237	subsection. If the defendant has been previously convicted once or
238	238	more of an offense under one or more of those sections, the court
239	239	may require the defendant to attend an alcohol awareness program, a
240	240	drug education program, or a drug and alcohol driving awareness
241	241	program described by this subsection. If the defendant is younger
242	242	than 18 years of age, the court may require the parent or guardian
243	243	of the defendant to attend the program with the defendant. The
244	244	Texas Department of Licensing and Regulation or Texas Commission of
245	245	Licensing and Regulation, as appropriate:
246	246	(1) is responsible for the administration of the
247	247	certification of approved alcohol awareness programs;
248	248	(2) may charge a nonrefundable application fee for:
249	249	(A) initial certification of the approval; or
250	250	(B) renewal of the certification;
251	251	(3) shall adopt rules regarding alcohol awareness
252	252	programs approved under this section; and
253	253	(4) shall monitor, coordinate, and provide training to
254	254	a person who provides an alcohol awareness program.
255	255	SECTION 10. Articles 45.049(g) and (h), Code of Criminal
256	256	Procedure, are amended to read as follows:
257	257	(g) This subsection applies only to a defendant who is
258	258	charged with a traffic offense or an offense under Section 106.071,
259	259	Alcoholic Beverage Code, involving a violation of Section 106.05,
260	260	Alcoholic Beverage Code, and is a resident of this state. If under
261	261	Article 45.051(b)(10), Code of Criminal Procedure, the judge
262	262	requires the defendant to perform community service as a condition
263	263	of the deferral, the defendant is entitled to elect whether to
264	264	perform the required service in:
265	265	(1) the county in which the court is located; or
266	266	(2) the county in which the defendant resides, but
267	267	only if the applicable entity agrees to:
268	268	(A) supervise, either on-site or remotely, the
269	269	defendant in the performance of the defendant's community service;
270	270	and
271	271	(B) report to the court on the defendant's
272	272	community service.
273	273	(h) This subsection applies only to a defendant charged with
274	274	an offense under Section 106.071, Alcoholic Beverage Code,
275	275	involving a violation of Section 106.05, Alcoholic Beverage Code,
276	276	who, under Subsection (g), elects to perform the required community
277	277	service in the county in which the defendant resides. The community
278	278	service must comply with Sections 106.071(d) and (e), Alcoholic
279	279	Beverage Code, except that if the educational programs or services
280	280	described by Section 106.071(e) are not available in the county of
281	281	the defendant's residence, the court may order community service
282	282	that it considers appropriate for rehabilitative purposes.
283	283	SECTION 11. Section 53.03(g), Family Code, is amended to
284	284	read as follows:
285	285	(g) Prosecution may not be deferred for a child alleged to
286	286	have engaged in conduct that:
287	287	(1) is an offense under Section 49.04, 49.05, 49.06,
288	288	49.07, or 49.08, Penal Code; or
289	289	(2) is a third or subsequent offense under Section
290	290	106.071, Alcoholic Beverage Code, involving a violation of Section
291	291	106.04 or 106.041, Alcoholic Beverage Code.
292	292	SECTION 12. Section 38.02(e), Penal Code, is amended to
293	293	read as follows:
294	294	(e) If conduct that constitutes an offense under this
295	295	section also constitutes a violation of [an offense under] Section
296	296	106.07, Alcoholic Beverage Code, the actor may only be, as
297	297	applicable:
298	298	(1) assessed a civil penalty under Section 106.0701,
299	299	Alcoholic Beverage Code; or
300	300	(2) prosecuted [only] under Section 106.071,
301	301	Alcoholic Beverage Code [106.07].
302	302	SECTION 13. Section 49.02(e), Penal Code, is amended to
303	303	read as follows:
304	304	(e) An offense under this section committed by a person
305	305	younger than 21 years of age is punishable in the same manner as if
306	306	the minor committed an offense under [to which] Section 106.071,
307	307	Alcoholic Beverage Code [, applies].
308	308	SECTION 14. Section 521.342(a), Transportation Code, is
309	309	amended to read as follows:
310	310	(a) Except as provided by Section 521.344, the license of a
311	311	person who was under 21 years of age at the time of the offense,
312	312	other than an offense classified as a misdemeanor punishable by
313	313	fine only, is automatically suspended on conviction of:
314	314	(1) an offense under Section 49.04, 49.045, or 49.07,
315	315	Penal Code, committed as a result of the introduction of alcohol
316	316	into the body;
317	317	(2) an offense under the Alcoholic Beverage Code,
318	318	other than an offense under [to which] Section 106.071 of that code
319	319	[applies], involving the manufacture, delivery, possession,
320	320	transportation, or use of an alcoholic beverage;
321	321	(3) a misdemeanor offense under Chapter 481, Health
322	322	and Safety Code, for which Subchapter P does not require the
323	323	automatic suspension of the license;
324	324	(4) an offense under Chapter 483, Health and Safety
325	325	Code, involving the manufacture, delivery, possession,
326	326	transportation, or use of a dangerous drug; or
327	327	(5) an offense under Chapter 485, Health and Safety
328	328	Code, involving the manufacture, delivery, possession,
329	329	transportation, or use of an abusable volatile chemical.
330	330	SECTION 15. Section 521.451(c), Transportation Code, is
331	331	amended to read as follows:
332	332	(c) If conduct that constitutes an offense under Subsection
333	333	(a) also constitutes a violation of [an offense under] Section
334	334	106.07, Alcoholic Beverage Code, the actor may only be, as
335	335	applicable:
336	336	(1) assessed a civil penalty under Section 106.0701,
337	337	Alcoholic Beverage Code; or
338	338	(2) prosecuted [only] under Section 106.071 [106.07],
339	339	Alcoholic Beverage Code.
340	340	SECTION 16. The changes in law made by this Act apply only
341	341	to an offense committed or conduct that occurs on or after the
342	342	effective date of this Act. An offense committed or conduct that
343	343	occurs before the effective date of this Act is governed by the law
344	344	in effect on the date the offense was committed or the conduct
345	345	occurred, and the former law is continued in effect for that
346	346	purpose. For purposes of this section, an offense was committed or
347	347	conduct occurred before the effective date of this Act if any
348	348	element of the offense or conduct occurred before that date.
349	349	SECTION 17. This Act takes effect September 1, 2019.