By: West, et al. S.B. No. 650
A BILL TO BE ENTITLED
AN ACT
relating to requiring the use of electronically readable
information to verify a purchaser's age in the retail sale of
alcoholic beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Deshawn Jagwan
Act.
SECTION 2. Section 109.61, Alcoholic Beverage Code, is
amended by adding Subsections (a-1), (a-2), (a-3), and (d-1) and
amending Subsections (b) and (d) to read as follows:
(a-1) A person shall visually inspect and access
electronically readable information on a driver's license,
commercial driver's license, or identification certificate for the
purpose of verifying a purchaser's age in any retail sale of an
alcoholic beverage. A person required to access electronically
readable information under this subsection may manually enter into
an electronic reader the information on the driver's license,
commercial driver's license, or identification certificate if the
license or certificate cannot be electronically scanned. This
subsection does not apply to the holder of a food and beverage
certificate operating a restaurant on the premises.
(a-2) The commission may not take any disciplinary action
against the holder of a permit or license issued under this code for
a violation of Subsection (a-1) if:
(1) the license or permit holder's failure to access
the electronically readable information is a result of a disruption
of, interruption of, or inability to access Internet connectivity
services or data connectivity services; and
(2) the license or permit holder visually inspected
the purchaser's driver's license, commercial driver's license, or
identification certificate to verify the purchaser's age.
(a-3) The commission shall not take any disciplinary action
against the holder of a permit or license issued under this code for
a violation of Subsection (a-1) for the retail sale of an alcoholic
beverage made before September 1, 2027. This subsection expires
September 1, 2028.
(b) A person may not retain information accessed under this
section [unless the commission by rule requires the information to
be retained. The person may not retain the information longer than
the commission requires].
(d) Except as provided by Subsection (d-1), a [A] person who
violates this section commits an offense. An offense under this
section is a Class A misdemeanor.
(d-1) It is a defense to prosecution for failure to access
electronically readable information on a driver's license,
commercial driver's license, or identification certificate as
required by Subsection (a-1) that:
(1) the person's failure to access the electronically
readable information as required by Subsection (a-1) was caused by
a disruption of, interruption of, or inability to access Internet
connectivity services or data connectivity services that prevented
the person from accessing the information; or
(2) the purchaser was 40 years of age or older on the
date of the purchase.
SECTION 3. Not later than September 1, 2027, the Texas
Alcoholic Beverage Commission shall adopt rules to implement
Section 109.61(a-1), Alcoholic Beverage Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2025.