Post by WaTcHeR on Mar 28, 2006 9:48:06 GMT -5
Lawmakers to review controversial drinking crackdown
03/28/2006 - AUSTIN, TX - Lawmakers plan to review a state drinking crackdown that uses undercover agents to arrest drunk people in bars.
The Texas Alcoholic Beverage Commission program, designed to stem public intoxication and drunken driving, has resulted in more than 2,200 arrests or citations since it began in August.
But the program has been criticized after news reports following the most recent busts, at 30 Dallas-area bars this month.
"I'm getting all those same e-mails, the Nazi, Taliban, Gestapo e-mails," said commission spokeswoman Carolyn Beck. "I don't really understand the hateful outrage. I don't understand, 'Die in a fire.' "
Legislators who oversee the commission said they agree with the emphasis on public safety, but the program should be reviewed to check for abuses and to measure its effectiveness.
"Somebody hanging around the hotel, a little stumbling on the way to their room? I don't think that was what we were focusing on," said Rep. Peggy Hamric, R-Houston, who authored a proposed rewrite of the statute authorizing the agency.
Rep. Kino Flores, chairman of the House Licensing and Administrative Procedures, said he plans to call a meeting next month to examine the commission's work.
"We're looking at it and we're going to be looking at it: Are we going too far, or do we need to go further?" the Mission Democrat said.
Sen. John Whitmire, a Houston Democrat and member of both the powerful Senate Finance Committee and the Criminal Justice Committee that oversees the commission, defended the principle of in-bar citations.
"Even though a public drunk is not planning on driving, that could change in an instant," he said. "There is certainly potential danger."
According to the Mothers Against Drunk Driving Web site, Texas had 1,264 alcohol-related traffic fatalities in 2004, the most in the nation.
The commission also points out that being drunk in public, even in a place licensed to sell alcohol, is against the law.
"We can't ignore somebody who's obviously breaking the law," Beck said.
In Texas, the blood alcohol limit for drunken driving is .08. But the law defines public intoxication as "not having the normal use of mental or physical faculties." Public intoxication is a Class C misdemeanor punishable by a fine of up to $500. An offender can be cited or arrested.
Under the state program, bar patrons may be approached if an officer spots them behaving erratically. The officer will perform a field sobriety test similar to one for drunken drivers. A suspect may also be asked to take a breath test, although it is not required, Beck said.
While Whitmore supports the safety aspect of the program, he also said lawmakers should examine whether the agency, which is funded by fees it collects, is motivated to stricter enforcement by fiscal concerns.
Sen. Chris Harris, a Republican whose district includes Irving, called the recent arrests in his area "very questionable."
"At first, I was generally totally in agreement with them," he said. "But there are too many stories that demonstrate an abuse of power."
