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.