Untitled Texas Attorney General Opinion ( 1971 )

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RNE GENEIRAL
UDF TEXAS
June 14, 1971
Honorable David R. White Opinion No. M-885
County Attorney
120 East North Street Re: Article 666-17(14) (e),
Uvalde, Texas 78801 Vernon's Penal Code.
Dear Mr. White:
Your opinion request poses the following question (re-
phrased):
Under Article 666-17(14)(e), Vernon's Penal Code, must
the court hearing a case involving a violation of the Texas
Liquor Control. Act by a minor whose parents reside outside
the jurisdictional limits of the court give written notice
of the offense charged to the minor's parents before the
case can be tried?
Section (14) (e) reads as follows:
"No person under twenty-one (21) years of
age may plead guilty to any offense described
in Subdivision (a) of this Subsection except
in open court before the judge. No such minor
shall be convicted of such an offense or fined
as provided in Subdivision (a) except in the
presence of his parent or guardian having legal
custody of the minor. The court shall cause
the parent or guardian residing within its
jurisdictional limits to be summoned to appear
in court and shall require the parent or guard-
ian to be present during all proceedings in the
case. However, the court may waive the require-
ment of the presence of the parent or guardian
in any case in which, after diligent effort,
the court is unable to locate them or compel
their presence. The court shall given written
notice of such offense to the parent or guardian
having legal custody of such minor who resides
outside the jurisdictional limits of the court."
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Honorable David R. White, Page 2 (M-885)
The caption to the legislative act containing the fore-
going provision reads in part as follows:
"An act amending, revising, and repealing
in part, Articles I and II of the Texas Liquor
Control Act (Articles 666-l to 666-33, Vernon's
Texas Penal Code), to improve its administra-
tion and enforcement; . . . increasing the
fine for possession and consumption of liquor
by a minor . . . and providing requirements
for hearings. . . ." Acts 61st Leg., R.S.
1969, ch. 38, p. -.
The language of the caption indicates that the legis-
lature intended the provisions of Section (14) (e) as pro-
cedural due process requirements for prosecutions of minors
for liquor law violations. The language does not make dis-
cretionary the giving of notice to the parents or guardians
of the minor and plainly contemplates that notice is to be
given prior to trial. The obvious purpose of notice is to
allow the minor's parents or guardians an opportunity to
provide for the defense of the minor. Minors are entitled
to such constitutional due process rights to counsel, to
notice and hearing, etc. Application of Gault, 387 U.S. 1(1967). In that case, the court held that the child and
his parent must be notified of the child's right to be re-
presented by counsel retained by them.
Our opinion therefore, is that written notice must be
given prior to trial to a minor's parents or guardians re-
siding outside the court's jurisdiction. By necessary in-
ference from Section (14) (e) as a whole, the court may
proceed without giving notice, but only when the court has
made a reasonable and diligent effort to provide notice and
has not been able to locate the parents or guardians.
SUMMARY
Article 666-17(14) (e), Vernon's Penal Code
requires that notice of pending charges against
a minor accused of violating the Texas Liquor
Control Act must be given prior to trial to
the minor's parents or guardians when they
reside beyond the jurisdiction of the court.
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Honorable David R. White, Page 3 (M-885)
By necessary inference from Section (14) (e),
the court is authorized to proceed without giv-
ing notice but only when the court, after rea-
sonable and diligent effort, is unable to locate
the parents or guardians.
Prepared by Roland Daniel Green, III
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Ben Harrison
Sam Jones
Vince Taylor
William J. Craig
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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