| 1 | 1 | | S.B. No. 693 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to proof of identification to purchase an alcoholic |
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| 6 | 6 | | beverage. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subsection (b), Section 106.03, Alcoholic |
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| 9 | 9 | | Beverage Code, is amended to read as follows: |
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| 10 | 10 | | (b) A person who sells a minor an alcoholic beverage does |
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| 11 | 11 | | not commit an offense if the minor falsely represents himself to be |
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| 12 | 12 | | 21 years old or older by displaying an apparently valid proof of |
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| 13 | 13 | | identification that contains [Texas driver's license or an |
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| 14 | 14 | | identification card issued by the Texas Department of Public |
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| 15 | 15 | | Safety, containing] a physical description and photograph |
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| 16 | 16 | | consistent with the minor's [his] appearance, purports to establish |
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| 17 | 17 | | that the minor is 21 years of age or older, and was issued by a |
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| 18 | 18 | | governmental agency [for the purpose of inducing the person to sell |
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| 19 | 19 | | him an alcoholic beverage]. The proof of identification may |
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| 20 | 20 | | include a driver's license or identification card issued by the |
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| 21 | 21 | | Department of Public Safety, a passport, or a military |
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| 22 | 22 | | identification card. |
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| 23 | 23 | | SECTION 2. The defenses added by this Act to Subsection (b), |
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| 24 | 24 | | Section 160.03, Alcoholic Beverage Code, are available to a person |
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| 25 | 25 | | regardless of when the offense was committed but only for trials |
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| 26 | 26 | | commencing on or after the effective date of this Act. |
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| 27 | 27 | | SECTION 3. This Act takes effect immediately if it receives |
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| 28 | 28 | | a vote of two-thirds of all the members elected to each house, as |
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| 29 | 29 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 30 | 30 | | Act does not receive the vote necessary for immediate effect, this |
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| 31 | 31 | | Act takes effect September 1, 2009. |
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| 32 | 32 | | ______________________________ ______________________________ |
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| 33 | 33 | | President of the Senate Speaker of the House |
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| 34 | 34 | | I hereby certify that S.B. No. 693 passed the Senate on |
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| 35 | 35 | | April 30, 2009, by the following vote: Yeas 31, Nays 0. |
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| 36 | 36 | | ______________________________ |
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| 37 | 37 | | Secretary of the Senate |
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| 38 | 38 | | I hereby certify that S.B. No. 693 passed the House on |
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| 39 | 39 | | May 26, 2009, by the following vote: Yeas 147, Nays 0, one present |
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| 40 | 40 | | not voting. |
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| 41 | 41 | | ______________________________ |
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| 42 | 42 | | Chief Clerk of the House |
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| 43 | 43 | | Approved: |
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| 44 | 44 | | ______________________________ |
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| 45 | 45 | | Date |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Governor |
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