84R4782 JAM-D
By: Capriglione H.B. No. 1299
A BILL TO BE ENTITLED
AN ACT
relating to the tasting of wine by students enrolled in certain
courses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 106.05(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) A minor may possess an alcoholic beverage:
(1) while in the course and scope of the minor's
employment if the minor is an employee of a licensee or permittee
and the employment is not prohibited by this code;
(2) if the minor is in the visible presence of his
adult parent, guardian, or spouse, or other adult to whom the minor
has been committed by a court; [or]
(3) if the minor is under the immediate supervision of
a commissioned peace officer engaged in enforcing the provisions of
this code; or
(4) if the beverage is lawfully provided to the minor
under Section 106.16.
SECTION 2. Section 106.06(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) A person may purchase an alcoholic beverage for or give
an alcoholic beverage to a minor if the person is:
(1) [he is] the minor's adult parent, guardian, or
spouse, or an adult in whose custody the minor has been committed by
a court, and [he] is visibly present when the minor possesses or
consumes the alcoholic beverage; or
(2) a person lawfully providing an alcoholic beverage
to a minor under Section 106.16.
SECTION 3. Chapter 106, Alcoholic Beverage Code, is amended
by adding Section 106.16 to read as follows:
Sec. 106.16. EXCEPTION FOR CERTAIN COURSE WORK. (a) In
this section, "career school or college" means a career school or
college as defined by Section 132.001, Education Code, that offers
a two-year associate degree as approved by the Texas Higher
Education Coordinating Board.
(b) Notwithstanding any other law, a minor may consume not
more than one ounce of wine per course meeting if:
(1) the minor:
(A) is at least 18 years old; and
(B) is enrolled as a student in a course at a
public or private institution of higher education or a career
school or college;
(2) the wine is consumed for educational purposes as
part of the curriculum for the course described by Subdivision
(1)(B);
(3) the wine is not purchased by the minor; and
(4) the service and consumption of the wine is
supervised by a faculty or staff member who is at least 21 years of
age.
(c) A public or private institution of higher education or a
career school or college is not required to hold a license or permit
to engage in the activities authorized under this section.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect at the time the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2015.