86R5725 BEE-D
By: Israel H.B. No. 1721
A BILL TO BE ENTITLED
AN ACT
relating to a violation regarding the purchase, possession, or
consumption of alcoholic beverages by a minor or the
misrepresentation of age by a minor; authorizing a civil penalty;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 106.02, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR. (a) Except as
provided by Subsection (b), a [A] minor may not purchase [commits an
offense if the minor purchases] an alcoholic beverage.
(b) A minor may purchase an alcoholic beverage [does not
commit an offense] if the minor purchases the [an] alcoholic
beverage under the immediate supervision of a commissioned peace
officer engaged in enforcing the provisions of this code.
[(b) An offense under this section is punishable as provided
by Section 106.071.]
SECTION 2. Section 106.025, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR. [(a)]
A minor may not [commits an offense if], with specific intent to
violate [commit an offense under] Section 106.02 [of this code],
commit [the minor does] an act amounting to more than mere
preparation that tends but fails to effect the violation
[commission of the offense] intended.
[(b) An offense under this section is punishable as provided
by Section 106.071.]
SECTION 3. Section 106.04, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (a) Except
as provided by Subsection (b), a [A] minor may not consume [commits
an offense if he consumes] an alcoholic beverage.
(b) A minor may consume an [It is an affirmative defense to
prosecution under this section that the] alcoholic beverage [was
consumed] in the visible presence of the minor's adult parent,
guardian, or spouse.
(c) [An offense under this section is punishable as provided
by Section 106.071.
[(d)] A minor who violates [commits an offense under] this
section and who has been previously convicted two [twice] or more
times of an offense [offenses] under Section 106.071 for a
violation of this section is not eligible for deferred disposition.
For the purposes of this subsection:
(1) an adjudication under Title 3, Family Code, that
the minor engaged in conduct described by this section is
considered a conviction of an offense under Section 106.071 for a
violation of this section; and
(2) an order of deferred disposition for an offense
alleged under Section 106.071 for a violation of this section is
considered a conviction of an offense under Section 106.071 [this
section].
(d) A minor may not be assessed a civil penalty under
Section 106.0701 for a violation of this section or prosecuted for
an offense under Section 106.071 for a violation of this section if
the [(e) Subsection (a) does not apply to a] minor [who]:
(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.
(e) [(f)] Except as provided by Subsections (f) and
[Subsection] (g), [Subsection (a) does not apply to] a minor may not
be assessed a civil penalty under Section 106.0701 for a violation
of this section or prosecuted for an offense under Section 106.071
for a violation of this section if the minor [who] reports the
sexual assault of the minor or another person, or is the victim of a
sexual assault reported by another person, to:
(1) a health care provider treating the victim of the
sexual assault;
(2) an employee of a law enforcement agency, including
an employee of a campus police department of an institution of
higher education; or
(3) the Title IX coordinator of an institution of
higher education or another employee of the institution responsible
for responding to reports of sexual assault.
(f) [(g)] A minor is exempted from the assessment of a civil
penalty under Section 106.0701 as provided by Subsection (e) and is
entitled to raise the defense provided by Subsection (e) [(f)] in
the prosecution of an offense under Section 106.071 [this section]
only if the minor is in violation of this section at the time of the
commission of a sexual assault that is:
(1) reported by the minor under Subsection (e) [(f)];
or
(2) committed against the minor and reported by
another person under Subsection (e) [(f)].
(g) [(h)] A minor who commits a sexual assault that is
reported under Subsection (e) [(f)] is not exempted from the
assessment of a civil penalty under Section 106.0701 as provided by
Subsection (e) or entitled to raise the defense provided by
Subsection (e) [(f)] in the prosecution of the minor for an offense
under Section 106.071 [this section].
SECTION 4. Section 106.05, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR. (a) Except
as provided in Subsection (b) [of this section], a minor may not
possess [commits an offense if he possesses] an alcoholic beverage.
(b) A minor may possess an alcoholic beverage:
(1) while in the course and scope of the minor's
employment if the minor is an employee of a licensee or permittee
and the employment is not prohibited by this code;
(2) if the minor is in the visible presence of the
minor's [his] adult parent, guardian, or spouse, or other adult to
whom the minor has been committed by a court;
(3) if the minor is under the immediate supervision of
a commissioned peace officer engaged in enforcing the provisions of
this code; or
(4) if the beverage is lawfully provided to the minor
under Section 106.16.
(c) A minor may not be assessed a civil penalty under
Section 106.0701 for a violation of this section or prosecuted for
an offense under Section 106.071 for a violation of this section if
the [An offense under this section is punishable as provided by
Section 106.071.
[(d) Subsection (a) does not apply to a] minor [who]:
(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.
(d) [(e)] Except as provided by Subsections (e) and
[Subsection] (f), [Subsection (a) does not apply to] a minor may not
be assessed a civil penalty under Section 106.0701 for a violation
of this section or prosecuted for an offense under Section 106.071
for a violation of this section if the minor [who] reports the
sexual assault of the minor or another person, or is the victim of a
sexual assault reported by another person, to:
(1) a health care provider treating the victim of the
sexual assault;
(2) an employee of a law enforcement agency, including
an employee of a campus police department of an institution of
higher education; or
(3) the Title IX coordinator of an institution of
higher education or another employee of the institution responsible
for responding to reports of sexual assault.
(e) [(f)] A minor is exempted from the assessment of a civil
penalty under Section 106.0701 as provided by Subsection (d) and is
entitled to raise the defense provided by Subsection (d) [(e)] in
the prosecution of an offense under Section 106.071 [this section]
only if the minor is in violation of this section at the time of the
commission of a sexual assault that is:
(1) reported by the minor under Subsection (d) [(e)];
or
(2) committed against the minor and reported by
another person under Subsection (d) [(e)].
(f) [(g)] A minor who commits a sexual assault that is
reported under Subsection (d) [(e)] is not exempted from the
assessment of a civil penalty under Section 106.0701 as provided by
Subsection (d) or entitled to raise the defense provided by
Subsection (d) [(e)] in the prosecution of the minor for an offense
under Section 106.071 [this section].
SECTION 5. Section 106.07, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR. [(a)] A
minor may not [commits an offense if he] falsely state [states] that
the minor [he] is 21 years of age or older or present [presents] any
document that indicates the minor [he] is 21 years of age or older
to a person engaged in selling or serving alcoholic beverages.
[(b) An offense under this section is punishable as provided
by Section 106.071.]
SECTION 6. Chapter 106, Alcoholic Beverage Code, is amended
by adding Sections 106.0701 and 106.0702 to read as follows:
Sec. 106.0701. CIVIL PENALTY FOR ALCOHOL-RELATED VIOLATION
BY MINOR. (a) A minor who violates Section 106.02, 106.025,
106.04, 106.05, or 106.07 is liable to the state for a civil penalty
in an amount not to exceed $500.
(b) A judge of a municipal court of a municipality in which
or a justice of the peace of a county in which a violation described
by Subsection (a) is alleged to have occurred may hear and determine
the case.
(c) The attorney general or the prosecuting attorney in the
municipality or county in which the violation occurs may bring suit
to recover the civil penalty imposed under Subsection (a).
(d) A civil penalty collected under this section shall be
deposited in the state treasury to the credit of the general revenue
fund.
Sec. 106.0702. COMMUNITY SERVICE IN SATISFACTION OF
PENALTY. A person may discharge a civil penalty assessed under
Section 106.0701 by performing community service for not less than
20 or more than 40 hours.
SECTION 7. The heading to Section 106.071, Alcoholic
Beverage Code, is amended to read as follows:
Sec. 106.071. [PUNISHMENT FOR] ALCOHOL-RELATED OFFENSE BY
MINOR; PUNISHMENT.
SECTION 8. Sections 106.071(a), (b), and (c), Alcoholic
Beverage Code, are amended to read as follows:
(a) A minor commits [This section applies to] an offense if
the minor:
(1) has previously been assessed a civil penalty under
Section 106.0701; and
(2) subsequently violates Section 106.02, 106.025,
106.04, 106.05, or 106.07.
(b) Except as provided by Subsection (c), an offense under
Subsection (a) [to which this section applies] is a Class C
misdemeanor.
(c) If it is shown at the trial of the defendant that the
defendant is a minor who is not a child and who has been previously
convicted at least twice of an offense under Subsection (a) [to
which this section applies], the offense is punishable by:
(1) a fine of not less than $250 or more than $2,000;
(2) confinement in jail for a term not to exceed 180
days; or
(3) both the fine and confinement.
SECTION 9. Section 106.115(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) On the placement of a minor on deferred disposition for
an offense under Section 49.02, Penal Code, or under Section
106.071 [106.02, 106.025, 106.04, 106.041, 106.05, or 106.07], the
court shall require the defendant to attend an alcohol awareness
program approved by the Texas Department of Licensing and
Regulation under this section, a drug education program approved by
the Department of State Health Services in accordance with Section
521.374, Transportation Code, or a drug and alcohol driving
awareness program approved by the Texas Education Agency. On
conviction of a minor of an offense under one or more of those
sections, the court, in addition to assessing a fine as provided by
those sections, shall require a defendant who has not been
previously convicted of an offense under one of those sections to
attend an alcohol awareness program, a drug education program, or a
drug and alcohol driving awareness program described by this
subsection. If the defendant has been previously convicted once or
more of an offense under one or more of those sections, the court
may require the defendant to attend an alcohol awareness program, a
drug education program, or a drug and alcohol driving awareness
program described by this subsection. If the defendant is younger
than 18 years of age, the court may require the parent or guardian
of the defendant to attend the program with the defendant. The
Texas Department of Licensing and Regulation or Texas Commission of
Licensing and Regulation, as appropriate:
(1) is responsible for the administration of the
certification of approved alcohol awareness programs;
(2) may charge a nonrefundable application fee for:
(A) initial certification of the approval; or
(B) renewal of the certification;
(3) shall adopt rules regarding alcohol awareness
programs approved under this section; and
(4) shall monitor, coordinate, and provide training to
a person who provides an alcohol awareness program.
SECTION 10. Articles 45.049(g) and (h), Code of Criminal
Procedure, are amended to read as follows:
(g) This subsection applies only to a defendant who is
charged with a traffic offense or an offense under Section 106.071,
Alcoholic Beverage Code, involving a violation of Section 106.05,
Alcoholic Beverage Code, and is a resident of this state. If under
Article 45.051(b)(10), Code of Criminal Procedure, the judge
requires the defendant to perform community service as a condition
of the deferral, the defendant is entitled to elect whether to
perform the required service in:
(1) the county in which the court is located; or
(2) the county in which the defendant resides, but
only if the applicable entity agrees to:
(A) supervise, either on-site or remotely, the
defendant in the performance of the defendant's community service;
and
(B) report to the court on the defendant's
community service.
(h) This subsection applies only to a defendant charged with
an offense under Section 106.071, Alcoholic Beverage Code,
involving a violation of Section 106.05, Alcoholic Beverage Code,
who, under Subsection (g), elects to perform the required community
service in the county in which the defendant resides. The community
service must comply with Sections 106.071(d) and (e), Alcoholic
Beverage Code, except that if the educational programs or services
described by Section 106.071(e) are not available in the county of
the defendant's residence, the court may order community service
that it considers appropriate for rehabilitative purposes.
SECTION 11. Section 53.03(g), Family Code, is amended to
read as follows:
(g) Prosecution may not be deferred for a child alleged to
have engaged in conduct that:
(1) is an offense under Section 49.04, 49.05, 49.06,
49.07, or 49.08, Penal Code; or
(2) is a third or subsequent offense under Section
106.071, Alcoholic Beverage Code, involving a violation of Section
106.04 or 106.041, Alcoholic Beverage Code.
SECTION 12. Section 38.02(e), Penal Code, is amended to
read as follows:
(e) If conduct that constitutes an offense under this
section also constitutes a violation of [an offense under] Section
106.07, Alcoholic Beverage Code, the actor may only be, as
applicable:
(1) assessed a civil penalty under Section 106.0701,
Alcoholic Beverage Code; or
(2) prosecuted [only] under Section 106.071,
Alcoholic Beverage Code [106.07].
SECTION 13. Section 49.02(e), Penal Code, is amended to
read as follows:
(e) An offense under this section committed by a person
younger than 21 years of age is punishable in the same manner as if
the minor committed an offense under [to which] Section 106.071,
Alcoholic Beverage Code [, applies].
SECTION 14. Section 521.342(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Section 521.344, the license of a
person who was under 21 years of age at the time of the offense,
other than an offense classified as a misdemeanor punishable by
fine only, is automatically suspended on conviction of:
(1) an offense under Section 49.04, 49.045, or 49.07,
Penal Code, committed as a result of the introduction of alcohol
into the body;
(2) an offense under the Alcoholic Beverage Code,
other than an offense under [to which] Section 106.071 of that code
[applies], involving the manufacture, delivery, possession,
transportation, or use of an alcoholic beverage;
(3) a misdemeanor offense under Chapter 481, Health
and Safety Code, for which Subchapter P does not require the
automatic suspension of the license;
(4) an offense under Chapter 483, Health and Safety
Code, involving the manufacture, delivery, possession,
transportation, or use of a dangerous drug; or
(5) an offense under Chapter 485, Health and Safety
Code, involving the manufacture, delivery, possession,
transportation, or use of an abusable volatile chemical.
SECTION 15. Section 521.451(c), Transportation Code, is
amended to read as follows:
(c) If conduct that constitutes an offense under Subsection
(a) also constitutes a violation of [an offense under] Section
106.07, Alcoholic Beverage Code, the actor may only be, as
applicable:
(1) assessed a civil penalty under Section 106.0701,
Alcoholic Beverage Code; or
(2) prosecuted [only] under Section 106.071 [106.07],
Alcoholic Beverage Code.
SECTION 16. The changes in law made by this Act apply only
to an offense committed or conduct that occurs on or after the
effective date of this Act. An offense committed or conduct that
occurs before the effective date of this Act is governed by the law
in effect on the date the offense was committed or the conduct
occurred, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed or
conduct occurred before the effective date of this Act if any
element of the offense or conduct occurred before that date.
SECTION 17. This Act takes effect September 1, 2019.