Texas 2015 - 84th Regular

Texas House Bill HB3831 Compare Versions

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

Old	New	Differences
1	1	84R13216 MCK-D
2	2	By: Canales H.B. No. 3831
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to who is a minor for the purposes of the Alcoholic
8	8	Beverage Code and certain related laws.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2.02(c), Alcoholic Beverage Code, is
11	11	amended to read as follows:
12	12	(c) An adult who is 21 years of age or older or at least 18
13	13	years of age and a member of the United States armed forces on
14	14	active duty is liable for damages proximately caused by the
15	15	intoxication of a minor under the age of 18 if:
16	16	(1) the adult is not:
17	17	(A) the minor's parent, guardian, or spouse; or
18	18	(B) an adult in whose custody the minor has been
19	19	committed by a court; and
20	20	(2) the adult knowingly:
21	21	(A) served or provided to the minor any of the
22	22	alcoholic beverages that contributed to the minor's intoxication;
23	23	or
24	24	(B) allowed the minor to be served or provided
25	25	any of the alcoholic beverages that contributed to the minor's
26	26	intoxication on the premises owned or leased by the adult.
27	27	SECTION 2. Sections 16.09(c) and (d), Alcoholic Beverage
28	28	Code, are amended to read as follows:
29	29	(c) Wine shipped by the holder of a winery permit may not be
30	30	delivered to any person other than:
31	31	(1) the person who purchased the wine;
32	32	(2) a recipient designated in advance by such
33	33	purchaser; or
34	34	(3) a person at the delivery address who is age 21 or
35	35	over or at least 18 years of age and a member of the United States
36	36	armed forces on active duty.
37	37	(d) Wine may be delivered only to a person who is age 21 or
38	38	over or at least 18 years of age and a member of the United States
39	39	armed forces on active duty after the person accepting the package:
40	40	(1) presents valid proof of identity and age and, if
41	41	applicable, proof of active duty service in the United States armed
42	42	forces; and
43	43	(2) personally signs a receipt acknowledging delivery
44	44	of the package.
45	45	SECTION 3. Sections 22.13(a) and (b), Alcoholic Beverage
46	46	Code, are amended to read as follows:
47	47	(a) Except as provided by Subsection (b), a [A] package
48	48	store permittee may not knowingly utilize or employ any person
49	49	under the age of 21 to work on the premises of a package store in any
50	50	capacity or to deliver alcohol off the premises of a package store.
51	51	(b) A package store permittee may employ [This section shall
52	52	not apply to] a person who is at least 18 years of age and a member
53	53	of the United States armed forces on active duty [was under the age
54	54	of 21 and employed by a package store on September 1, 1995].
55	55	SECTION 4. Sections 54.05(b) and (c), Alcoholic Beverage
56	56	Code, are amended to read as follows:
57	57	(b) Wine sold or shipped by a holder of an out-of-state
58	58	winery direct shipper's permit may not be delivered to any person
59	59	other than:
60	60	(1) the person who purchased the wine;
61	61	(2) a recipient designated in advance by such
62	62	purchaser; or
63	63	(3) a person at the delivery address who is age 21 or
64	64	over or at least 18 years of age and a member of the United States
65	65	armed forces on active duty.
66	66	(c) Wine may be delivered only to a person who is age 21 or
67	67	over or at least 18 years of age and a member of the United States
68	68	armed forces on active duty after the person accepting the package:
69	69	(1) presents valid proof of identity and age and, if
70	70	applicable, proof of active duty service in the United States armed
71	71	forces; and
72	72	(2) personally signs a receipt acknowledging delivery
73	73	of the package.
74	74	SECTION 5. Section 102.19, Alcoholic Beverage Code, is
75	75	amended to read as follows:
76	76	Sec. 102.19. PROMOTIONAL GIFT WINE. A holder of a winery
77	77	permit may give one or more unopened bottles of Texas-made wine
78	78	produced or bottled by the winery to a person 21 years of age or
79	79	older or at least 18 years of age and a member of the United States
80	80	armed forces on active duty on the premises of a convention center
81	81	or civic center that holds a mixed beverage permit if no charge is
82	82	made by the winery or by the mixed beverage permittee for the wine.
83	83	A recipient of a bottle of wine under this section must take the
84	84	unopened gift bottle off the premises of the mixed beverage
85	85	permittee.
86	86	SECTION 6. Section 106.01, Alcoholic Beverage Code, is
87	87	amended to read as follows:
88	88	Sec. 106.01. DEFINITION. In this code, "minor" means a
89	89	person under 21 years of age. The term does not include a person who
90	90	is at least 18 years of age and a member of the United States armed
91	91	forces on active duty.
92	92	SECTION 7. Section 106.03(b), Alcoholic Beverage Code, is
93	93	amended to read as follows:
94	94	(b) A person who sells a minor an alcoholic beverage does
95	95	not commit an offense if the minor falsely represents the minor
96	96	[himself] to be 21 years old or older or at least 18 years of age and
97	97	a member of the United States armed forces on active duty by
98	98	displaying an apparently valid proof of identification that
99	99	contains a physical description and photograph consistent with the
100	100	minor's appearance, purports to establish that the minor is 21
101	101	years of age or older or at least 18 years of age and a member of the
102	102	United States armed forces on active duty, and was issued by a
103	103	governmental agency. The proof of identification may include a
104	104	driver's license or identification card issued by the Department of
105	105	Public Safety, a passport, or a military identification card.
106	106	SECTION 8. Section 106.07(a), Alcoholic Beverage Code, is
107	107	amended to read as follows:
108	108	(a) A minor commits an offense if the minor:
109	109	(1) [he] falsely states to a person engaged in selling
110	110	or serving alcoholic beverages that the minor [he] is:
111	111	(A) 21 years of age or older; or
112	112	(B) at least 18 years of age and a member of the
113	113	United States armed forces on active duty; or
114	114	(2) presents any document to a person engaged in
115	115	selling or serving alcoholic beverages that indicates the minor
116	116	[he] is:
117	117	(A) 21 years of age or older; or
118	118	(B) at least 18 years of age and a member of the
119	119	United States armed forces on active duty [to a person engaged in
120	120	selling or serving alcoholic beverages].
121	121	SECTION 9. Section 110.054, Alcoholic Beverage Code, is
122	122	amended to read as follows:
123	123	Sec. 110.054. DELIVERY OF WINE IN A DRY AREA. A package
124	124	store that participates in the program may ship wine under Section
125	125	110.053 to a person who resides in a dry area if:
126	126	(1) the delivery is made by the holder of a carrier
127	127	permit; and
128	128	(2) the package is clearly labeled as requiring the
129	129	signature of a person 21 years of age or older or at least 18 years
130	130	of age and a member of the United States armed forces on active duty
131	131	for delivery.
132	132	SECTION 10. Section 49.02(e), Penal Code, is amended to
133	133	read as follows:
134	134	(e) An offense under this section committed by a person who
135	135	is a minor for the purposes of the Alcoholic Beverage Code [younger
136	136	than 21 years of age] is punishable in the same manner as if the
137	137	minor committed an offense to which Section 106.071, Alcoholic
138	138	Beverage Code, applies.
139	139	SECTION 11. This Act takes effect September 1, 2015.