Texas 2015 - 84th Regular

Texas House Bill HB1299 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4782 JAM-D
2	2	By: Capriglione H.B. No. 1299
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the tasting of wine by students enrolled in certain
8	8	courses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 106.05(b), Alcoholic Beverage Code, is
11	11	amended to read as follows:
12	12	(b) A minor may possess an alcoholic beverage:
13	13	(1) while in the course and scope of the minor's
14	14	employment if the minor is an employee of a licensee or permittee
15	15	and the employment is not prohibited by this code;
16	16	(2) if the minor is in the visible presence of his
17	17	adult parent, guardian, or spouse, or other adult to whom the minor
18	18	has been committed by a court; [or]
19	19	(3) if the minor is under the immediate supervision of
20	20	a commissioned peace officer engaged in enforcing the provisions of
21	21	this code; or
22	22	(4) if the beverage is lawfully provided to the minor
23	23	under Section 106.16.
24	24	SECTION 2. Section 106.06(b), Alcoholic Beverage Code, is
25	25	amended to read as follows:
26	26	(b) A person may purchase an alcoholic beverage for or give
27	27	an alcoholic beverage to a minor if the person is:
28	28	(1) [he is] the minor's adult parent, guardian, or
29	29	spouse, or an adult in whose custody the minor has been committed by
30	30	a court, and [he] is visibly present when the minor possesses or
31	31	consumes the alcoholic beverage; or
32	32	(2) a person lawfully providing an alcoholic beverage
33	33	to a minor under Section 106.16.
34	34	SECTION 3. Chapter 106, Alcoholic Beverage Code, is amended
35	35	by adding Section 106.16 to read as follows:
36	36	Sec. 106.16. EXCEPTION FOR CERTAIN COURSE WORK. (a) In
37	37	this section, "career school or college" means a career school or
38	38	college as defined by Section 132.001, Education Code, that offers
39	39	a two-year associate degree as approved by the Texas Higher
40	40	Education Coordinating Board.
41	41	(b) Notwithstanding any other law, a minor may consume not
42	42	more than one ounce of wine per course meeting if:
43	43	(1) the minor:
44	44	(A) is at least 18 years old; and
45	45	(B) is enrolled as a student in a course at a
46	46	public or private institution of higher education or a career
47	47	school or college;
48	48	(2) the wine is consumed for educational purposes as
49	49	part of the curriculum for the course described by Subdivision
50	50	(1)(B);
51	51	(3) the wine is not purchased by the minor; and
52	52	(4) the service and consumption of the wine is
53	53	supervised by a faculty or staff member who is at least 21 years of
54	54	age.
55	55	(c) A public or private institution of higher education or a
56	56	career school or college is not required to hold a license or permit
57	57	to engage in the activities authorized under this section.
58	58	SECTION 4. The change in law made by this Act applies only
59	59	to an offense committed on or after the effective date of this Act.
60	60	An offense committed before the effective date of this Act is
61	61	governed by the law in effect at the time the offense was committed,
62	62	and the former law is continued in effect for that purpose. For
63	63	purposes of this section, an offense was committed before the
64	64	effective date of this Act if any element of the offense occurred
65	65	before that date.
66	66	SECTION 5. This Act takes effect September 1, 2015.