Bill Text: TX HB892 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to who is a minor for the purposes of the Alcoholic Beverage Code.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-19 - Referred to Licensing & Administrative Procedures [HB892 Detail]
Download: Texas-2013-HB892-Introduced.html
83R4764 MCK-D | ||
By: Lozano | H.B. No. 892 |
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relating to who is a minor for the purposes of the Alcoholic | ||
Beverage Code. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2.02(c), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(c) An adult who is 21 years of age or older or at least 18 | ||
years of age and a member of the United States armed forces on | ||
active duty is liable for damages proximately caused by the | ||
intoxication of a minor under the age of 18 if: | ||
(1) the adult is not: | ||
(A) the minor's parent, guardian, or spouse; or | ||
(B) an adult in whose custody the minor has been | ||
committed by a court; and | ||
(2) the adult knowingly: | ||
(A) served or provided to the minor any of the | ||
alcoholic beverages that contributed to the minor's intoxication; | ||
or | ||
(B) allowed the minor to be served or provided | ||
any of the alcoholic beverages that contributed to the minor's | ||
intoxication on the premises owned or leased by the adult. | ||
SECTION 2. Sections 16.09(c) and (d), Alcoholic Beverage | ||
Code, are amended to read as follows: | ||
(c) Wine shipped by the holder of a winery permit may not be | ||
delivered to any person other than: | ||
(1) the person who purchased the wine; | ||
(2) a recipient designated in advance by such | ||
purchaser; or | ||
(3) a person at the delivery address who is age 21 or | ||
over or at least 18 years of age and a member of the United States | ||
armed forces on active duty. | ||
(d) Wine may be delivered only to a person who is age 21 or | ||
over or at least 18 years of age and a member of the United States | ||
armed forces on active duty after the person accepting the package: | ||
(1) presents valid proof of identity and age and, if | ||
applicable, proof of active duty service in the United States armed | ||
forces; and | ||
(2) personally signs a receipt acknowledging delivery | ||
of the package. | ||
SECTION 3. Sections 22.13(a) and (b), Alcoholic Beverage | ||
Code, are amended to read as follows: | ||
(a) Except as provided by Subsection (b), a [ |
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store permittee may not knowingly utilize or employ any person | ||
under the age of 21 to work on the premises of a package store in any | ||
capacity or to deliver alcohol off the premises of a package store. | ||
(b) A package store permittee may employ [ |
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of the United States armed forces on active duty [ |
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SECTION 4. Sections 54.05(b) and (c), Alcoholic Beverage | ||
Code, are amended to read as follows: | ||
(b) Wine sold or shipped by a holder of an out-of-state | ||
winery direct shipper's permit may not be delivered to any person | ||
other than: | ||
(1) the person who purchased the wine; | ||
(2) a recipient designated in advance by such | ||
purchaser; or | ||
(3) a person at the delivery address who is age 21 or | ||
over or at least 18 years of age and a member of the United States | ||
armed forces on active duty. | ||
(c) Wine may be delivered only to a person who is age 21 or | ||
over or at least 18 years of age and a member of the United States | ||
armed forces on active duty after the person accepting the package: | ||
(1) presents valid proof of identity and age and, if | ||
applicable, proof of active duty service in the United States armed | ||
forces; and | ||
(2) personally signs a receipt acknowledging delivery | ||
of the package. | ||
SECTION 5. Section 102.19, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 102.19. PROMOTIONAL GIFT WINE. A holder of a winery | ||
permit may give one or more unopened bottles of Texas-made wine | ||
produced or bottled by the winery to a person 21 years of age or | ||
older or at least 18 years of age and a member of the United States | ||
armed forces on active duty on the premises of a convention center | ||
or civic center that holds a mixed beverage permit if no charge is | ||
made by the winery or by the mixed beverage permittee for the wine. | ||
A recipient of a bottle of wine under this section must take the | ||
unopened gift bottle off the premises of the mixed beverage | ||
permittee. | ||
SECTION 6. Section 106.01, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 106.01. DEFINITION. In this code, "minor" means a | ||
person under 21 years of age. The term does not include a person who | ||
is at least 18 years of age and a member of the United States armed | ||
forces on active duty. | ||
SECTION 7. Section 106.03(b), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(b) A person who sells a minor an alcoholic beverage does | ||
not commit an offense if the minor falsely represents the minor | ||
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a member of the United States armed forces on active duty by | ||
displaying an apparently valid proof of identification that | ||
contains a physical description and photograph consistent with the | ||
minor's appearance, purports to establish that the minor is 21 | ||
years of age or older or at least 18 years of age and a member of the | ||
United States armed forces on active duty, and was issued by a | ||
governmental agency. The proof of identification may include a | ||
driver's license or identification card issued by the Department of | ||
Public Safety, a passport, or a military identification card. | ||
SECTION 8. Section 106.07(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) A minor commits an offense if the minor: | ||
(1) [ |
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or serving alcoholic beverages that the minor [ |
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(A) 21 years of age or older; or | ||
(B) at least 18 years of age and a member of the | ||
United States armed forces on active duty; or | ||
(2) presents any document to a person engaged in | ||
selling or serving alcoholic beverages that indicates the minor | ||
[ |
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(A) 21 years of age or older; or | ||
(B) at least 18 years of age and a member of the | ||
United States armed forces on active duty [ |
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SECTION 9. Section 110.054, Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
Sec. 110.054. DELIVERY OF WINE IN A DRY AREA. A package | ||
store that participates in the program may ship wine under Section | ||
110.053 to a person who resides in a dry area if: | ||
(1) the delivery is made by the holder of a carrier | ||
permit; and | ||
(2) the package is clearly labeled as requiring the | ||
signature of a person 21 years of age or older or at least 18 years | ||
of age and a member of the United States armed forces on active duty | ||
for delivery. | ||
SECTION 10. Section 49.02(e), Penal Code, is amended to | ||
read as follows: | ||
(e) An offense under this section committed by a person who | ||
is a minor for the purposes of the Alcoholic Beverage Code [ |
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minor committed an offense to which Section 106.071, Alcoholic | ||
Beverage Code, applies. | ||
SECTION 11. This Act takes effect September 1, 2013. |