By: Phillips (Senate Sponsor - Watson) H.B. No. 909
(In the Senate - Received from the House April 20, 2015;
May 6, 2015, read first time and referred to Committee on Business
and Commerce; May 15, 2015, reported favorably by the following
vote: Yeas 8, Nays 0; May 15, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the tasting of alcoholic beverages 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:
(1) "Career school or college" has the meaning
assigned by Section 132.001, Education Code.
(2) "Taste" means to draw a beverage into the mouth
without swallowing or otherwise consuming the beverage.
(b) Notwithstanding any other law, a minor may taste an
alcoholic beverage if:
(1) the minor:
(A) is at least 18 years old; and
(B) is enrolled:
(i) as a student at a public or private
institution of higher education or a career school or college that
offers a program in culinary arts, viticulture, enology or wine
technology, brewing or beer technology, or distilled spirits
production or technology; and
(ii) in a course that is part of a program
described by Subparagraph (i);
(2) the beverage is tasted for educational purposes as
part of the curriculum for the course described by Subdivision
(1)(B)(ii);
(3) the beverage is not purchased by the minor; and
(4) the service and tasting of the beverage 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.
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