By Ratliff                                             S.B. No. 300
       74R2531 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the possession and consumption of alcoholic beverages
    1-3  by certain minors while on the premises of a person who holds a
    1-4  license or permit issued under the Alcoholic Beverage Code.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 106.04(b), Alcoholic Beverage Code, is
    1-7  amended to read as follows:
    1-8        (b)  A minor may consume an alcoholic beverage:
    1-9              (1)  while on the premises of a licensee or permittee
   1-10  if the minor is 18 years old or older and is in the visible
   1-11  presence of an adult parent, guardian, or spouse; or
   1-12              (2)  in any other circumstance if the minor <he> is in
   1-13  the visible presence of an adult parent, guardian, or spouse.
   1-14        SECTION 2.  Section 106.05(b), Alcoholic Beverage Code, is
   1-15  amended to read as follows:
   1-16        (b)  A minor may possess an alcoholic beverage:
   1-17              (1)  while in the course and scope of the minor's <his>
   1-18  employment if the minor <he> is an employee of a licensee or
   1-19  permittee and the employment is not prohibited by this code; <or>
   1-20              (2)  while on the premises of a licensee or permittee
   1-21  and not in the course and scope of employment if the minor is 18
   1-22  years old or older and is in the presence of an adult parent,
   1-23  guardian, or spouse, or other adult to whom the minor has been
   1-24  committed by a court; or
    2-1              (3)  in any other circumstance if the minor <he> is in
    2-2  the presence of an adult parent, guardian, or spouse, or other
    2-3  adult to whom the minor <he> has been committed by a court.
    2-4        SECTION 3.  Section 106.06(b), Alcoholic Beverage Code, is
    2-5  amended to read as follows:
    2-6        (b)  A person may purchase an alcoholic beverage for or give
    2-7  an alcoholic beverage to a minor:
    2-8              (1)  while on the premises of a licensee or permittee
    2-9  if:
   2-10                    (A)  the minor is 18 years old or older;
   2-11                    (B)  the person is the minor's adult parent,
   2-12  guardian, or spouse, or an adult in whose custody the minor has
   2-13  been committed by a court; and
   2-14                    (C)  the person is visibly present when the minor
   2-15  possesses or consumes the alcoholic beverage; or
   2-16              (2)  in any other circumstance if the person <he> is
   2-17  the minor's adult parent, guardian, or spouse, or an adult in whose
   2-18  custody the minor has been committed by a court, and the person
   2-19  <he> is visibly present when the minor possesses or consumes the
   2-20  alcoholic beverage.
   2-21        SECTION 4.  This Act takes effect September 1, 1995.
   2-22        SECTION 5.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended.