| 1 | | - | By: West, et al. S.B. No. 650 |
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| 1 | + | By: West S.B. No. 650 |
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| 2 | + | (In the Senate - Filed December 18, 2024; February 3, 2025, |
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| 3 | + | read first time and referred to Committee on State Affairs; |
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| 4 | + | March 18, 2025, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 7, Nays 0; March 18, 2025, |
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| 6 | + | sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 650 By: Hughes |
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| 12 | | - | SECTION 1. This Act shall be known as the Deshawn Jagwan |
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| 13 | | - | Act. |
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| 14 | | - | SECTION 2. Section 109.61, Alcoholic Beverage Code, is |
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| 15 | | - | amended by adding Subsections (a-1), (a-2), (a-3), and (d-1) and |
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| 16 | | - | amending Subsections (b) and (d) to read as follows: |
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| 17 | | - | (a-1) A person shall visually inspect and access |
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| 18 | | - | electronically readable information on a driver's license, |
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| 19 | | - | commercial driver's license, or identification certificate for the |
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| 20 | | - | purpose of verifying a purchaser's age in any retail sale of an |
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| 21 | | - | alcoholic beverage. A person required to access electronically |
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| 22 | | - | readable information under this subsection may manually enter into |
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| 23 | | - | an electronic reader the information on the driver's license, |
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| 24 | | - | commercial driver's license, or identification certificate if the |
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| 25 | | - | license or certificate cannot be electronically scanned. This |
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| 26 | | - | subsection does not apply to the holder of a food and beverage |
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| 27 | | - | certificate operating a restaurant on the premises. |
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| 28 | | - | (a-2) The commission may not take any disciplinary action |
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| 29 | | - | against the holder of a permit or license issued under this code for |
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| 30 | | - | a violation of Subsection (a-1) if: |
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| 31 | | - | (1) the license or permit holder's failure to access |
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| 32 | | - | the electronically readable information is a result of a disruption |
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| 33 | | - | of, interruption of, or inability to access Internet connectivity |
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| 34 | | - | services or data connectivity services; and |
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| 35 | | - | (2) the license or permit holder visually inspected |
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| 36 | | - | the purchaser's driver's license, commercial driver's license, or |
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| 37 | | - | identification certificate to verify the purchaser's age. |
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| 38 | | - | (a-3) The commission shall not take any disciplinary action |
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| 17 | + | SECTION 1. Section 109.61, Alcoholic Beverage Code, is |
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| 18 | + | amended by adding Subsections (a-1) and (a-2) to read as follows: |
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| 19 | + | (a-1) A person shall access electronically readable |
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| 20 | + | information on a driver's license, commercial driver's license, or |
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| 21 | + | identification certificate for the purpose of verifying a |
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| 22 | + | purchaser's age in any retail sale of an alcoholic beverage. This |
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| 23 | + | subsection does not apply to the retail sale of an alcoholic |
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| 24 | + | beverage on the premises of the holder of a package store permit. |
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| 25 | + | (a-2) The commission shall not take any disciplinary action |
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| 43 | | - | (b) A person may not retain information accessed under this |
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| 44 | | - | section [unless the commission by rule requires the information to |
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| 45 | | - | be retained. The person may not retain the information longer than |
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| 46 | | - | the commission requires]. |
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| 47 | | - | (d) Except as provided by Subsection (d-1), a [A] person who |
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| 48 | | - | violates this section commits an offense. An offense under this |
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| 49 | | - | section is a Class A misdemeanor. |
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| 50 | | - | (d-1) It is a defense to prosecution for failure to access |
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| 51 | | - | electronically readable information on a driver's license, |
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| 52 | | - | commercial driver's license, or identification certificate as |
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| 53 | | - | required by Subsection (a-1) that: |
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| 54 | | - | (1) the person's failure to access the electronically |
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| 55 | | - | readable information as required by Subsection (a-1) was caused by |
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| 56 | | - | a disruption of, interruption of, or inability to access Internet |
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| 57 | | - | connectivity services or data connectivity services that prevented |
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| 58 | | - | the person from accessing the information; or |
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| 59 | | - | (2) the purchaser was 40 years of age or older on the |
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| 60 | | - | date of the purchase. |
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| 61 | | - | SECTION 3. Not later than September 1, 2027, the Texas |
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| 30 | + | SECTION 2. Not later than September 1, 2027, the Texas |
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