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.