Sec. 106.071. PUNISHMENT FOR ALCOHOL-RELATED OFFENSE BY MINOR
(a) This section applies to an offense under Section
106.02,
106.025,
106.04,
106.05, or
106.07.
(b) Except as provided by Subsection (c), an offense 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 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.
(d) In addition to any fine and any order issued under Section
106.115:
(1) the court shall order a minor placed on deferred disposition for or
convicted of an offense to which this section applies to perform community
service for:
(A) not less than eight or more than 12 hours, if the minor has not been
previously convicted of an offense to which this section applies; or
(B) not less than 20 or more than 40 hours, if the minor has been previously
convicted once of an offense to which this section applies; and
(2) the court shall order the Department of Public Safety to suspend the
driver's license or permit of a minor convicted of an offense to which
this section applies or, if the minor does not have a driver's license
or permit, to deny the issuance of a driver's license or permit for:
(A) 30 days, if the minor has not been previously convicted of an offense
to which this section applies;
(B) 60 days, if the minor has been previously convicted once of an offense
to which this section applies; or
(C) 180 days, if the minor has been previously convicted twice or more
of an offense to which this section applies.
(e) Community service ordered under this section must be related to education
about or prevention of misuse of alcohol if programs or services providing
that education are available in the community in which the court is located.
If programs or services providing that education are not available, the
court may order community service that it considers appropriate for rehabilitative purposes.
(f) In this section:
(1) a prior adjudication under Title 3, Family Code, that the minor engaged
in conduct described by this section is considered a conviction; and
(2) a prior order of deferred disposition for an offense alleged under
this section is considered a conviction.
(g) In this section, "child" has the meaning assigned by Section
51.02, Family Code.
(h) A driver's license suspension under this section takes effect
on the 11th day after the date the minor is convicted.
(i) A defendant who is not a child and who has been previously convicted
at least twice of an offense to which this section applies is not eligible
to receive a deferred disposition or deferred adjudication.
NOTE: Sec.
106.071 (f) and (i) amended by House Bill 1575, Regular Session, 2005. Except
as otherwise provided by this section, this Act applies only to conduct
that occurs on or after September 1, 2005. Conduct violating the penal
law of this state occurs on or after September 1, 2005, if any element
of the violation occurs on or after that date. Conduct that occurs before
September 1, 2005, is governed by the law in effect at the time the conduct
occurred, and that law is continued in effect for that purpose.