HBA-MSH H.B. 2991 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2991
By: Gutierrez
Public Safety
3/28/2001
Introduced



BACKGROUND AND PURPOSE 

While the legal drinking age in Mexico is 18, some bars near the
international border do not enforce this law, thus allowing minors to
drink.  According to the U.S. State Department, Mexico arrests over 1,000
Americans abroad per year with about 450 U.S. citizens in prison at any one
time.  The rights guaranteed by the Mexican Constitution differ greatly
from those guaranteed by the U.S. Constitution, creating potential legal
problems for any minor drinking in Mexico.  House Bill 2991 requires a
peace officer to prevent a person younger than 18 years of age from
crossing the Texas-Mexico border without a parent or proper documents. 

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. 

ANALYSIS

House Bill 2991 amends the Code of Criminal Procedure to require a peace
officer who observes a person younger than 18 years of age attempting to
cross the border between this state and Mexico to prevent the person from
crossing the border unless the person is accompanied by a parent or
guardian, or has  written consent from the person's parent or guardian to
cross the border, or has a current United States passport issued to the
person.   The bill prohibits a peace officer who prevents a person from
crossing the border from detaining the person unless the officer has
reasonable suspicion or probable cause to believe that the person has
engaged in conduct prohibited by law.  

EFFECTIVE DATE

September 1, 2001.