Bill Text: TX SB650 | 2025-2026 | 89th Legislature | Enrolled
Bill Title: Relating to requiring the use of electronically readable information to verify a purchaser's age in the retail sale of alcoholic beverages.
Sponsorship: Moderate Partisan Bill (Democrat 8-2)
Status: (Passed) 2025-06-22 - Effective on 9/1/25 [SB650 Detail]
Download: Texas-2025-SB650-Enrolled.html
| S.B. No. 650 | ||
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| 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), (a-4), 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 on a permitted or licensed premises for | ||
| off-premises consumption. 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: | ||
| (1) the retail sale of an alcoholic beverage on the | ||
| premises of: | ||
| (A) the holder of: | ||
| (i) a distiller's and rectifier's permit; | ||
| (ii) a winery permit; | ||
| (iii) a brewer's license; | ||
| (iv) a brewpub license; or | ||
| (v) a mixed beverage permit; | ||
| (B) the holder of a food and beverage certificate | ||
| operating a restaurant on the premises; or | ||
| (C) a restaurant; | ||
| (2) the retail sale of an alcoholic beverage at a | ||
| public entertainment facility property, as defined by Section | ||
| 108.73, during a sporting event, concert, festival, or other | ||
| similar temporary event at the facility by a permit or license | ||
| holder authorized to sell alcoholic beverages during the event; | ||
| (3) the holder of a carrier permit delivering wine to | ||
| an ultimate consumer on behalf of the holder of an out-of-state | ||
| winery direct shipper's permit; | ||
| (4) the holder of or an individual contracted with or | ||
| employed by the holder of a wine only package store permit, local | ||
| cartage permit, or consumer delivery permit delivering alcoholic | ||
| beverages to an ultimate consumer as provided by Chapter 24, 43, or | ||
| 57, as applicable; or | ||
| (5) the retail sale of an alcoholic beverage in an | ||
| original container sealed by the manufacturer where a person picks | ||
| up the alcoholic beverage at an outdoor area on the retailer's | ||
| premises and removes the alcoholic beverage from the premises for | ||
| consumption by an ultimate consumer off 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 permit or license 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 permit or license 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 may not take any disciplinary action | ||
| against the holder of a permit or license to whom Subsection (a-1) | ||
| applies for selling an alcoholic beverage to a minor if: | ||
| (1) the permit or license holder electronically | ||
| accessed the electronically readable information on the | ||
| purchaser's driver's license, commercial driver's license, or | ||
| identification certificate in the manner required under Subsection | ||
| (a-1); and | ||
| (2) the transaction scan device used to electronically | ||
| access the purchaser's electronically readable information | ||
| identified the license or certificate as valid and the purchaser as | ||
| 21 years of age or older on the date of the purchase. | ||
| (a-4) 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 [ |
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| (d) Except as provided by Subsection (d-1), a [ |
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| 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 650 passed the Senate on | ||
| March 26, 2025, by the following vote: Yeas 31, Nays 0; | ||
| May 29, 2025, Senate refused to concur in House amendments and | ||
| requested appointment of Conference Committee; May 30, 2025, House | ||
| granted request of the Senate; June 1, 2025, Senate adopted | ||
| Conference Committee Report by the following vote: Yeas 28, | ||
| Nays 3. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 650 passed the House, with | ||
| amendments, on May 22, 2025, by the following vote: Yeas 97, | ||
| Nays 46, two present not voting; May 30, 2025, House granted | ||
| request of the Senate for appointment of Conference Committee; | ||
| June 1, 2025, House adopted Conference Committee Report by the | ||
| following vote: Yeas 82, Nays 57, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
