82R1262 AJA-F
By: Patrick S.B. No. 839
A BILL TO BE ENTITLED
AN ACT
relating to the presence of minors in certain alcoholic beverage
establishments; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 106, Alcoholic Beverage Code, is amended
by adding Section 106.042 to read as follows:
Sec. 106.042. PRESENCE OF MINOR ON CERTAIN PREMISES. (a) A
minor commits an offense if the minor enters and remains on a
premises covered by a late hours license or permit. An offense
under this subsection is punishable as provided by Section 106.071.
(b) It is an affirmative defense to prosecution under
Subsection (a) that:
(1) the minor is:
(A) lawfully employed by the license or permit
holder or otherwise engaged in the minor's lawful employment on the
premises; or
(B) accompanied by the minor's adult parent,
guardian, or spouse or is otherwise under adult supervision; or
(2) the premises is covered by a food and beverage
certificate and the minor does not enter and remain in the bar area
of the premises.
(c) A license or permit holder that allows a minor to enter
and remain on the licensed or permitted premises in violation of
this section commits an offense. An offense under this subsection
is a Class A misdemeanor.
SECTION 2. Section 106.071(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) This section applies to an offense under Section 106.02,
106.025, 106.04, 106.042(a), 106.05, or 106.07.
SECTION 3. Section 106.13(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Except as provided in Subsections (b) and (c) of this
section, the commission or administrator may cancel or suspend for
not more than 90 days a retail license or permit or a private club
registration permit if it is found, on notice and hearing, that the
licensee or permittee with criminal negligence:
(1) sold, served, dispensed, or delivered an alcoholic
beverage to a minor on the licensed or permitted premises;
(2) [or with criminal negligence] permitted a minor to
violate Section 106.04 or 106.05 [of this code] on the licensed or
permitted premises; or
(3) allowed a minor to enter and remain on the licensed
or permitted premises in violation of Section 106.042.
SECTION 4. This Act takes effect September 1, 2011.