By Hilbert, et al. H.B. No. 1428
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the employment or other presence of a minor on the
1-3 premises of certain businesses selling alcoholic beverages.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 106, Alcoholic Beverage Code, is amended
1-6 by adding Section 106.15 to read as follows:
1-7 Sec. 106.15. PRESENCE OF MINOR. (a) Except as provided by
1-8 Subsection (b) of this section, a minor may not be on the premises
1-9 of a business that derives 90 percent or more of its gross revenues
1-10 from the retail sale or service of alcoholic beverages, and the
1-11 holder of the permit or license covering the premises where the
1-12 business is operated may not allow a minor to be on the premises.
1-13 (b) This section does not prohibit:
1-14 (1) a business from lawfully employing or contracting
1-15 with a minor;
1-16 (2) a minor from being on the premises of a holder of
1-17 a package store permit or wine only package store permit if the
1-18 parent or legal guardian of the minor accompanies the minor;
1-19 (3) a minor from being on the premises of a licensed
1-20 or permitted business if the minor is accompanied on the premises
1-21 by a supervising adult, parent, guardian, or spouse who may
1-22 lawfully be on the premises; or
1-23 (4) a minor from being on the premises of a licensed
1-24 or permitted business during a time that the holder of the license
2-1 or permit may not sell or deliver alcoholic beverages on the
2-2 premises.
2-3 (c) For the purposes of this section the gross revenues of
2-4 the business include those of the permittee or licensee and any
2-5 entity with whom the permittee or licensee shares space or business
2-6 facilities on the licensed premises.
2-7 SECTION 2. Sections 106.09(b) and (c), Alcoholic Beverage
2-8 Code, are amended to read as follows:
2-9 (b) Except as provided by Section 106.15 of this code, a <A>
2-10 holder of a package store permit or a wine only package store
2-11 permit may employ a person 16 years old or older to work in any
2-12 capacity.
2-13 (c) Except as provided by Section 106.15 of this code, a <A>
2-14 holder of a mixed beverage permit may employ a person under 18
2-15 years of age to work in any capacity other than the actual selling,
2-16 preparing, or serving of mixed beverages.
2-17 SECTION 3. This Act takes effect September 1, 1993.
2-18 SECTION 4. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.