85R5550 BEE-D     By: Israel H.B. No. 1999       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.          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.          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   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 on at least two occasions; 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, 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 [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 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 [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, 2017.