HBA-NMO S.B. 528 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 528
By: West
Criminal Jurisprudence
5/6/1999
Engrossed


BACKGROUND AND PURPOSE 

Current law provides offenses relating to the acquisition, possession, and
use of alcohol by a minor. S.B. 528 modifies the civil and criminal
consequences of certain actions of a minor involving the acquisition,
possession, or use of alcohol. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 106.04(d), Alcoholic Beverage Code, to provide
that a minor who commits an offense under this section (Consumption of
Alcohol by a Minor) and who has been previously convicted twice or more of
such an offense is not eligible for deferred disposition, rather than
adjudication.  Makes a conforming change. 

SECTION 2.  Amends Sections106.041(f) and (h), Alcoholic Beverage Code, to
provide that a minor who commits an offense under this section (Driving
Under the Influence of Alcohol by a Minor) and who has been previously
convicted twice or more of such an offense is not eligible for deferred
disposition, rather than adjudication.  Makes a conforming change. 

SECTION 3.  Amends Section 106.071, Alcoholic Beverage Code, by amending
Subsections (d) and (f) and adding Subsections (h) and (i), as follows: 

(d) Requires the court, in addition to any fine and any order issued under
Section 106.115 (Attendance at Alcohol Awareness Course; License
Suspension), to order a minor placed on deferred disposition for, or
convicted of an offense to which this section applies to perform community
service for a certain amount of time.  Makes conforming changes. 

(f) Provides that an order of deferred disposition, rather than
adjudication, for an offense alleged under this section (Punishment for
Alcohol-Related Offense by Minor) is considered a conviction of an offense
under this section.   

(h) Provides that a driver's license suspension under this section  takes
effect on the 11th day after the date the minor is convicted.   

(i) Provides that a defendant who is not a child and has been previously
convicted at least twice of an offense to which this section applies is not
eligible to receive a deferral of final disposition of a subsequent
offense. 

SECTION 4.  Amends Section 106.115(a), Alcoholic Beverage Code, to require
the court to require a minor on deferred disposition for certain offenses
to attend an alcohol awareness program approved by the Texas Commission on
Alcohol and Drug Abuse.  Requires the court to require a minor convicted of
one or more of certain offenses to attend the alcohol awareness program, in
addition to any fines assessed.  Makes conforming changes. 

SECTION 5.  Amends Section 106.117(a), Alcoholic Beverage Code, to make a
conforming change. 
 
SECTION 6.  Amends Section 521.457(a), Transportation Code, to make
conforming changes. 

SECTION 7.  Effective date: September 1, 1999.

SECTION 8.  Emergency clause.