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A BILL TO BE ENTITLED
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AN ACT
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relating to a violation regarding the purchase, possession, or |
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consumption of alcoholic beverages by a minor or the |
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misrepresentation of age by a minor; authorizing a civil penalty; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 106.02, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 106.02. PURCHASE OF ALCOHOL BY A MINOR. (a) Except as |
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provided by Subsection (b), a [A] minor may not purchase [commits an
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offense if the minor purchases] an alcoholic beverage. |
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(b) A minor may purchase an alcoholic beverage [does not
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commit an offense] if the minor purchases the [an] alcoholic |
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beverage under the immediate supervision of a commissioned peace |
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officer engaged in enforcing the provisions of this code. |
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[(b)
An offense under this section is punishable as provided
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by Section 106.071.] |
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SECTION 2. Section 106.025, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR. [(a)] |
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A minor may not [commits an offense if], with specific intent to |
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violate [commit an offense under] Section 106.02 [of this code], |
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commit [the minor does] an act amounting to more than mere |
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preparation that tends but fails to effect the violation |
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[commission of the offense] intended. |
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[(b)
An offense under this section is punishable as provided
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by Section 106.071.] |
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SECTION 3. Section 106.04, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 106.04. CONSUMPTION OF ALCOHOL BY A MINOR. (a) Except |
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as provided by Subsection (b), a [A] minor may not consume [commits
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an offense if he consumes] an alcoholic beverage. |
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(b) A minor may consume an [It is an affirmative defense to
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prosecution under this section that the] alcoholic beverage [was
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consumed] in the visible presence of the minor's adult parent, |
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guardian, or spouse. |
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(c) [An offense under this section is punishable as provided
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by Section 106.071.
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[(d)] A minor who violates [commits an offense under] this |
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section and who has been previously convicted two [twice] or more |
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times of an offense [offenses] under Section 106.071 for a |
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violation of this section is not eligible for deferred disposition. |
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For the purposes of this subsection: |
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(1) an adjudication under Title 3, Family Code, that |
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the minor engaged in conduct described by this section is |
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considered a conviction of an offense under Section 106.071 for a |
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violation of this section; and |
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(2) an order of deferred disposition for an offense |
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alleged under Section 106.071 for a violation of this section is |
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considered a conviction of an offense under Section 106.071 [this
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section]. |
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(d) A minor may not be assessed a civil penalty under |
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Section 106.0701 for a violation of this section or prosecuted for |
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an offense under Section 106.071 for a violation of this section if |
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the [(e) Subsection (a) does not apply to a] minor [who]: |
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(1) requested emergency medical assistance in |
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response to the possible alcohol overdose of the minor or another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); and |
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(3) if the minor requested emergency medical |
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assistance for the possible alcohol overdose of another person: |
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(A) remained on the scene until the medical |
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assistance arrived; and |
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(B) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 4. Section 106.05, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 106.05. POSSESSION OF ALCOHOL BY A MINOR. (a) Except |
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as provided in Subsection (b) [of this section], a minor may not |
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possess [commits an offense if he possesses] an alcoholic beverage. |
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(b) A minor may possess an alcoholic beverage: |
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(1) while in the course and scope of the minor's |
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employment if the minor is an employee of a licensee or permittee |
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and the employment is not prohibited by this code; |
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(2) if the minor is in the visible presence of the |
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minor's [his] adult parent, guardian, or spouse, or other adult to |
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whom the minor has been committed by a court; |
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(3) if the minor is under the immediate supervision of |
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a commissioned peace officer engaged in enforcing the provisions of |
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this code; or |
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(4) if the beverage is lawfully provided to the minor |
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under Section 106.16. |
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(c) A minor may not be assessed a civil penalty under |
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Section 106.0701 for a violation of this section or prosecuted for |
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an offense under Section 106.071 for a violation of this section if |
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the [An offense under this section is punishable as provided by
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Section 106.071.
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[(d) Subsection (a) does not apply to a] minor [who]: |
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(1) requested emergency medical assistance in |
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response to the possible alcohol overdose of the minor or another |
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person; |
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(2) was the first person to make a request for medical |
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assistance under Subdivision (1); and |
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(3) if the minor requested emergency medical |
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assistance for the possible alcohol overdose of another person: |
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(A) remained on the scene until the medical |
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assistance arrived; and |
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(B) cooperated with medical assistance and law |
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enforcement personnel. |
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SECTION 5. Section 106.07, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR. [(a)] A |
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minor may not [commits an offense if he] falsely state [states] that |
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the minor [he] is 21 years of age or older or present [presents] any |
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document that indicates the minor [he] is 21 years of age or older |
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to a person engaged in selling or serving alcoholic beverages. |
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[(b)
An offense under this section is punishable as provided
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by Section 106.071.] |
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SECTION 6. Chapter 106, Alcoholic Beverage Code, is amended |
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by adding Sections 106.0701 and 106.0702 to read as follows: |
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Sec. 106.0701. CIVIL PENALTY FOR ALCOHOL-RELATED VIOLATION |
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BY MINOR. (a) A minor who violates Section 106.02, 106.025, |
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106.04, 106.05, or 106.07 is liable to the state for a civil penalty |
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in an amount not to exceed $500. |
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(b) A judge of a municipal court of a municipality in which |
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or a justice of the peace of a county in which a violation described |
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by Subsection (a) is alleged to have occurred may hear and determine |
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the case. |
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(c) The attorney general or the prosecuting attorney in the |
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county in which the violation occurs may bring suit to recover the |
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civil penalty imposed under Subsection (a). |
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(d) A civil penalty collected under this section shall be |
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deposited in the state treasury to the credit of the general revenue |
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fund. |
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Sec. 106.0702. COMMUNITY SERVICE IN SATISFACTION OF |
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PENALTY. A person may discharge a civil penalty assessed under |
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Section 106.0701 by performing community service for not less than |
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20 or more than 40 hours. |
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SECTION 7. The heading to Section 106.071, Alcoholic |
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Beverage Code, is amended to read as follows: |
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Sec. 106.071. [PUNISHMENT FOR] ALCOHOL-RELATED OFFENSE BY |
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MINOR; PUNISHMENT. |
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SECTION 8. Sections 106.071(a), (b), and (c), Alcoholic |
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Beverage Code, are amended to read as follows: |
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(a) A minor commits [This section applies to] an offense if |
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the minor: |
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(1) has previously been assessed a civil penalty under |
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Section 106.0701 on at least two occasions; and |
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(2) subsequently violates Section 106.02, 106.025, |
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106.04, 106.05, or 106.07. |
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(b) Except as provided by Subsection (c), an offense under |
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Subsection (a) [to which this section applies] is a Class C |
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misdemeanor. |
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(c) If it is shown at the trial of the defendant that the |
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defendant is a minor who is not a child and who has been previously |
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convicted at least twice of an offense under Subsection (a) [to
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which this section applies], the offense is punishable by: |
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(1) a fine of not less than $250 or more than $2,000; |
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(2) confinement in jail for a term not to exceed 180 |
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days; or |
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(3) both the fine and confinement. |
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SECTION 9. Section 106.115(a), Alcoholic Beverage Code, as |
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effective September 1, 2017, is amended to read as follows: |
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(a) On the placement of a minor on deferred disposition for |
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an offense under Section 49.02, Penal Code, or under Section |
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106.071 [106.02, 106.025, 106.04, 106.041, 106.05, or 106.07], the |
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court shall require the defendant to attend an alcohol awareness |
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program approved by the Texas Department of Licensing and |
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Regulation under this section, a drug education program approved by |
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the Department of State Health Services in accordance with Section |
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521.374, Transportation Code, or a drug and alcohol driving |
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awareness program approved by the Texas Education Agency. On |
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conviction of a minor of an offense under one or more of those |
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sections, the court, in addition to assessing a fine as provided by |
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those sections, shall require a defendant who has not been |
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previously convicted of an offense under one of those sections to |
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attend an alcohol awareness program, a drug education program, or a |
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drug and alcohol driving awareness program described by this |
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subsection. If the defendant has been previously convicted once or |
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more of an offense under one or more of those sections, the court |
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may require the defendant to attend an alcohol awareness program, a |
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drug education program, or a drug and alcohol driving awareness |
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program described by this subsection. If the defendant is younger |
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than 18 years of age, the court may require the parent or guardian |
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of the defendant to attend the program with the defendant. The |
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Texas Department of Licensing and Regulation or Texas Commission of |
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Licensing and Regulation, as appropriate: |
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(1) is responsible for the administration of the |
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certification of approved alcohol awareness programs; |
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(2) may charge a nonrefundable application fee for: |
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(A) initial certification of the approval; or |
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(B) renewal of the certification; |
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(3) shall adopt rules regarding alcohol awareness |
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programs approved under this section; and |
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(4) shall monitor, coordinate, and provide training to |
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a person who provides an alcohol awareness program. |
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SECTION 10. Articles 45.049(g) and (h), Code of Criminal |
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Procedure, are amended to read as follows: |
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(g) This subsection applies only to a defendant who is |
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charged with a traffic offense or an offense under Section 106.071, |
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Alcoholic Beverage Code, involving a violation of Section 106.05, |
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Alcoholic Beverage Code, and is a resident of this state. If under |
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Article 45.051(b)(10), Code of Criminal Procedure, the judge |
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requires the defendant to perform community service as a condition |
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of the deferral, the defendant is entitled to elect whether to |
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perform the required governmental entity or nonprofit organization |
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community service in: |
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(1) the county in which the court is located; or |
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(2) the county in which the defendant resides, but |
|
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only if the entity or organization agrees to: |
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(A) supervise the defendant in the performance of |
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the defendant's community service work; and |
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(B) report to the court on the defendant's |
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community service work. |
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(h) This subsection applies only to a defendant charged with |
|
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an offense under Section 106.071, Alcoholic Beverage Code, |
|
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involving a violation of Section 106.05, Alcoholic Beverage Code, |
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who, under Subsection (g), elects to perform the required community |
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service in the county in which the defendant resides. The community |
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service must comply with Sections 106.071(d) and (e), Alcoholic |
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Beverage Code, except that if the educational programs or services |
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described by Section 106.071(e) are not available in the county of |
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the defendant's residence, the court may order community service |
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that it considers appropriate for rehabilitative purposes. |
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SECTION 11. Section 53.03(g), Family Code, is amended to |
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read as follows: |
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(g) Prosecution may not be deferred for a child alleged to |
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have engaged in conduct that: |
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(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 |
|
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106.071, Alcoholic Beverage Code, involving a violation of Section |
|
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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 |
|
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section also constitutes a violation of [an offense under] Section |
|
|
106.07, Alcoholic Beverage Code, the actor may only be, as |
|
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applicable: |
|
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(1) assessed a civil penalty under Section 106.0701, |
|
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Alcoholic Beverage Code; or |
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(2) prosecuted [only] under Section 106.071, |
|
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Alcoholic Beverage Code [106.07]. |
|
|
SECTION 13. Section 49.02(e), Penal Code, is amended to |
|
|
read as follows: |
|
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(e) An offense under this section committed by a person |
|
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younger than 21 years of age is punishable in the same manner as if |
|
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the minor committed an offense under [to which] Section 106.071, |
|
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Alcoholic Beverage Code [, applies]. |
|
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SECTION 14. Section 521.342(a), Transportation Code, is |
|
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amended to read as follows: |
|
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(a) Except as provided by Section 521.344, the license of a |
|
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person who was under 21 years of age at the time of the offense, |
|
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other than an offense classified as a misdemeanor punishable by |
|
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fine only, is automatically suspended on conviction of: |
|
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(1) an offense under Section 49.04, 49.045, or 49.07, |
|
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Penal Code, committed as a result of the introduction of alcohol |
|
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into the body; |
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(2) an offense under the Alcoholic Beverage Code, |
|
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other than an offense under [to which] Section 106.071 of that code |
|
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[applies], involving the manufacture, delivery, possession, |
|
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transportation, or use of an alcoholic beverage; |
|
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(3) a misdemeanor offense under Chapter 481, Health |
|
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and Safety Code, for which Subchapter P does not require the |
|
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automatic suspension of the license; |
|
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(4) an offense under Chapter 483, Health and Safety |
|
|
Code, involving the manufacture, delivery, possession, |
|
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transportation, or use of a dangerous drug; or |
|
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(5) an offense under Chapter 485, Health and Safety |
|
|
Code, involving the manufacture, delivery, possession, |
|
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transportation, or use of an abusable volatile chemical. |
|
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SECTION 15. Section 521.451(c), Transportation Code, is |
|
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amended to read as follows: |
|
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(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 |
|
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(2) prosecuted [only] under Section 106.071 [106.07], |
|
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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 |
|
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element of the offense or conduct occurred before that date. |
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SECTION 17. This Act takes effect September 1, 2017. |