84R13216 MCK-D
By: Canales H.B. No. 3831
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.