| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to who is a minor for the purposes of the Alcoholic |
|
|
Beverage Code and certain related laws. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2.02(c), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(c) An adult who is 21 years of age or older or at least 18 |
|
|
years of age and a member of the United States armed forces on |
|
|
active duty is liable for damages proximately caused by the |
|
|
intoxication of a minor under the age of 18 if: |
|
|
(1) the adult is not: |
|
|
(A) the minor's parent, guardian, or spouse; or |
|
|
(B) an adult in whose custody the minor has been |
|
|
committed by a court; and |
|
|
(2) the adult knowingly: |
|
|
(A) served or provided to the minor any of the |
|
|
alcoholic beverages that contributed to the minor's intoxication; |
|
|
or |
|
|
(B) allowed the minor to be served or provided |
|
|
any of the alcoholic beverages that contributed to the minor's |
|
|
intoxication on the premises owned or leased by the adult. |
|
|
SECTION 2. Sections 16.09(c) and (d), Alcoholic Beverage |
|
|
Code, are amended to read as follows: |
|
|
(c) Wine shipped by the holder of a winery permit may not be |
|
|
delivered to any person other than: |
|
|
(1) the person who purchased the wine; |
|
|
(2) a recipient designated in advance by such |
|
|
purchaser; or |
|
|
(3) a person at the delivery address who is age 21 or |
|
|
over or at least 18 years of age and a member of the United States |
|
|
armed forces on active duty. |
|
|
(d) Wine may be delivered only to a person who is age 21 or |
|
|
over or at least 18 years of age and a member of the United States |
|
|
armed forces on active duty after the person accepting the package: |
|
|
(1) presents valid proof of identity and age and, if |
|
|
applicable, proof of active duty service in the United States armed |
|
|
forces; and |
|
|
(2) personally signs a receipt acknowledging delivery |
|
|
of the package. |
|
|
SECTION 3. Sections 22.13(a) and (b), Alcoholic Beverage |
|
|
Code, are amended to read as follows: |
|
|
(a) Except as provided by Subsection (b), a [A] package |
|
|
store permittee may not knowingly utilize or employ any person |
|
|
under the age of 21 to work on the premises of a package store in any |
|
|
capacity or to deliver alcohol off the premises of a package store. |
|
|
(b) A package store permittee may employ [This section shall
|
|
|
not apply to] a person who is at least 18 years of age and a member |
|
|
of the United States armed forces on active duty [was under the age
|
|
|
of 21 and employed by a package store on September 1, 1995]. |
|
|
SECTION 4. Sections 54.05(b) and (c), Alcoholic Beverage |
|
|
Code, are amended to read as follows: |
|
|
(b) Wine sold or shipped by a holder of an out-of-state |
|
|
winery direct shipper's permit may not be delivered to any person |
|
|
other than: |
|
|
(1) the person who purchased the wine; |
|
|
(2) a recipient designated in advance by such |
|
|
purchaser; or |
|
|
(3) a person at the delivery address who is age 21 or |
|
|
over or at least 18 years of age and a member of the United States |
|
|
armed forces on active duty. |
|
|
(c) Wine may be delivered only to a person who is age 21 or |
|
|
over or at least 18 years of age and a member of the United States |
|
|
armed forces on active duty after the person accepting the package: |
|
|
(1) presents valid proof of identity and age and, if |
|
|
applicable, proof of active duty service in the United States armed |
|
|
forces; and |
|
|
(2) personally signs a receipt acknowledging delivery |
|
|
of the package. |
|
|
SECTION 5. Section 102.19, Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
Sec. 102.19. PROMOTIONAL GIFT WINE. A holder of a winery |
|
|
permit may give one or more unopened bottles of Texas-made wine |
|
|
produced or bottled by the winery to a person 21 years of age or |
|
|
older or at least 18 years of age and a member of the United States |
|
|
armed forces on active duty on the premises of a convention center |
|
|
or civic center that holds a mixed beverage permit if no charge is |
|
|
made by the winery or by the mixed beverage permittee for the wine. |
|
|
A recipient of a bottle of wine under this section must take the |
|
|
unopened gift bottle off the premises of the mixed beverage |
|
|
permittee. |
|
|
SECTION 6. Section 106.01, Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
Sec. 106.01. DEFINITION. In this code, "minor" means a |
|
|
person under 21 years of age. The term does not include a person who |
|
|
is at least 18 years of age and a member of the United States armed |
|
|
forces on active duty. |
|
|
SECTION 7. Section 106.03(b), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(b) A person who sells a minor an alcoholic beverage does |
|
|
not commit an offense if the minor falsely represents the minor |
|
|
[himself] to be 21 years old or older or at least 18 years of age and |
|
|
a member of the United States armed forces on active duty by |
|
|
displaying an apparently valid proof of identification that |
|
|
contains a physical description and photograph consistent with the |
|
|
minor's appearance, purports to establish that the minor is 21 |
|
|
years of age or older or at least 18 years of age and a member of the |
|
|
United States armed forces on active duty, and was issued by a |
|
|
governmental agency. The proof of identification may include a |
|
|
driver's license or identification card issued by the Department of |
|
|
Public Safety, a passport, or a military identification card. |
|
|
SECTION 8. Section 106.07(a), Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
(a) A minor commits an offense if the minor: |
|
|
(1) [he] falsely states to a person engaged in selling |
|
|
or serving alcoholic beverages that the minor [he] is: |
|
|
(A) 21 years of age or older; or |
|
|
(B) at least 18 years of age and a member of the |
|
|
United States armed forces on active duty; or |
|
|
(2) presents any document to a person engaged in |
|
|
selling or serving alcoholic beverages that indicates the minor |
|
|
[he] is: |
|
|
(A) 21 years of age or older; or |
|
|
(B) at least 18 years of age and a member of the |
|
|
United States armed forces on active duty [to a person engaged in
|
|
|
selling or serving alcoholic beverages]. |
|
|
SECTION 9. Section 110.054, Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
Sec. 110.054. DELIVERY OF WINE IN A DRY AREA. A package |
|
|
store that participates in the program may ship wine under Section |
|
|
110.053 to a person who resides in a dry area if: |
|
|
(1) the delivery is made by the holder of a carrier |
|
|
permit; and |
|
|
(2) the package is clearly labeled as requiring the |
|
|
signature of a person 21 years of age or older or at least 18 years |
|
|
of age and a member of the United States armed forces on active duty |
|
|
for delivery. |
|
|
SECTION 10. Section 49.02(e), Penal Code, is amended to |
|
|
read as follows: |
|
|
(e) An offense under this section committed by a person who |
|
|
is a minor for the purposes of the Alcoholic Beverage Code [younger
|
|
|
than 21 years of age] is punishable in the same manner as if the |
|
|
minor committed an offense to which Section 106.071, Alcoholic |
|
|
Beverage Code, applies. |
|
|
SECTION 11. This Act takes effect September 1, 2015. |