Texas 2015 - 84th Regular

Texas House Bill HB909 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Phillips (Senate Sponsor - Watson) H.B. No. 909
2		-	(In the Senate - Received from the House April 20, 2015;
3		-	May 6, 2015, read first time and referred to Committee on Business
4		-	and Commerce; May 15, 2015, reported favorably by the following
5		-	vote: Yeas 8, Nays 0; May 15, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 909
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the tasting of alcoholic beverages by students enrolled
12	6		in certain courses.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Section 106.05(b), Alcoholic Beverage Code, is
15	9		amended to read as follows:
16	10		(b) A minor may possess an alcoholic beverage:
17	11		(1) while in the course and scope of the minor's
18	12		employment if the minor is an employee of a licensee or permittee
19	13		and the employment is not prohibited by this code;
20	14		(2) if the minor is in the visible presence of his
21	15		adult parent, guardian, or spouse, or other adult to whom the minor
22	16		has been committed by a court; [or]
23	17		(3) if the minor is under the immediate supervision of
24	18		a commissioned peace officer engaged in enforcing the provisions of
25	19		this code; or
26	20		(4) if the beverage is lawfully provided to the minor
27	21		under Section 106.16.
28	22		SECTION 2. Section 106.06(b), Alcoholic Beverage Code, is
29	23		amended to read as follows:
30	24		(b) A person may purchase an alcoholic beverage for or give
31	25		an alcoholic beverage to a minor if the person is:
32	26		(1) [he is] the minor's adult parent, guardian, or
33	27		spouse, or an adult in whose custody the minor has been committed by
34	28		a court, and [he] is visibly present when the minor possesses or
35	29		consumes the alcoholic beverage; or
36	30		(2) a person lawfully providing an alcoholic beverage
37	31		to a minor under Section 106.16.
38	32		SECTION 3. Chapter 106, Alcoholic Beverage Code, is amended
39	33		by adding Section 106.16 to read as follows:
40	34		Sec. 106.16. EXCEPTION FOR CERTAIN COURSE WORK. (a) In
41	35		this section:
42	36		(1) "Career school or college" has the meaning
43	37		assigned by Section 132.001, Education Code.
44	38		(2) "Taste" means to draw a beverage into the mouth
45	39		without swallowing or otherwise consuming the beverage.
46	40		(b) Notwithstanding any other law, a minor may taste an
47	41		alcoholic beverage if:
48	42		(1) the minor:
49	43		(A) is at least 18 years old; and
50	44		(B) is enrolled:
51	45		(i) as a student at a public or private
52	46		institution of higher education or a career school or college that
53	47		offers a program in culinary arts, viticulture, enology or wine
54	48		technology, brewing or beer technology, or distilled spirits
55	49		production or technology; and
56	50		(ii) in a course that is part of a program
57	51		described by Subparagraph (i);
58	52		(2) the beverage is tasted for educational purposes as
59	53		part of the curriculum for the course described by Subdivision
60	54		(1)(B)(ii);
61	55		(3) the beverage is not purchased by the minor; and
62	56		(4) the service and tasting of the beverage is
63	57		supervised by a faculty or staff member who is at least 21 years of
64	58		age.
65	59		(c) A public or private institution of higher education or a
66	60		career school or college is not required to hold a license or permit
67	61		to engage in the activities authorized under this section.
68	62		SECTION 4. The change in law made by this Act applies only
69	63		to an offense committed on or after the effective date of this Act.
70	64		An offense committed before the effective date of this Act is
71	65		governed by the law in effect at the time the offense was committed,
72	66		and the former law is continued in effect for that purpose. For
73	67		purposes of this section, an offense was committed before the
74	68		effective date of this Act if any element of the offense occurred
75	69		before that date.
76	70		SECTION 5. This Act takes effect September 1, 2015.
77		-	* * * * *
	71	+	______________________________ ______________________________
	72	+	President of the Senate Speaker of the House
	73	+	I certify that H.B. No. 909 was passed by the House on April
	74	+	16, 2015, by the following vote: Yeas 145, Nays 1, 2 present, not
	75	+	voting.
	76	+	______________________________
	77	+	Chief Clerk of the House
	78	+	I certify that H.B. No. 909 was passed by the Senate on May
	79	+	22, 2015, by the following vote: Yeas 31, Nays 0.
	80	+	______________________________
	81	+	Secretary of the Senate
	82	+	APPROVED: _____________________
	83	+	Date
	84	+	_____________________
	85	+	Governor