Bill Text: TX HB1999 | 2017-2018 | 85th Legislature | Engrossed
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2017-05-18 - Left pending in committee [HB1999 Detail]
Download: Texas-2017-HB1999-Engrossed.html
By: Israel, Murphy, White, Moody, Arévalo, | H.B. No. 1999 | |
et al. |
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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 [ |
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(b) A minor may purchase an alcoholic beverage [ |
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beverage under the immediate supervision of a commissioned peace | ||
officer engaged in enforcing the provisions of this code. | ||
[ |
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SECTION 2. Section 106.025, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR. [ |
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A minor may not [ |
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violate [ |
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commit [ |
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preparation that tends but fails to effect the violation | ||
[ |
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[ |
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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 [ |
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(b) A minor may consume an [ |
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guardian, or spouse. | ||
(c) [ |
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[ |
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section and who has been previously convicted two [ |
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times of an offense [ |
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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 [ |
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(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 [ |
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(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. | ||
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) [ |
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possess [ |
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(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 [ |
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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 [ |
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[ |
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(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. | ||
SECTION 5. Section 106.07, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 106.07. MISREPRESENTATION OF AGE BY A MINOR. [ |
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minor may not [ |
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the minor [ |
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document that indicates the minor [ |
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to a person engaged in selling or serving alcoholic beverages. | ||
[ |
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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. [ |
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MINOR; PUNISHMENT. | ||
SECTION 8. Sections 106.071(a), (b), and (c), Alcoholic | ||
Beverage Code, are amended to read as follows: | ||
(a) A minor commits [ |
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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) [ |
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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) [ |
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(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, as | ||
effective September 1, 2017, 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 [ |
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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 governmental entity or nonprofit organization | ||
community service in: | ||
(1) the county in which the court is located; or | ||
(2) the county in which the defendant resides, but | ||
only if the entity or organization agrees to: | ||
(A) supervise the defendant in the performance of | ||
the defendant's community service work; and | ||
(B) report to the court on the defendant's | ||
community service work. | ||
(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 [ |
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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 [ |
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Alcoholic Beverage Code [ |
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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 [ |
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Alcoholic Beverage Code [ |
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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 [ |
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[ |
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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 [ |
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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 [ |
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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 | ||
element of the offense or conduct occurred before that date. | ||
SECTION 17. This Act takes effect September 1, 2017. |