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.