By Hilbert                                      H.B. No. 3312

      75R2939 PAM-D                           

                                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), a minor may not be on the premises of a business

 1-9     that derives 90 percent or more of its gross revenues from the

1-10     retail sale or service of alcoholic beverages, and the holder of

1-11     the permit or license covering the premises where the business is

1-12     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     minor's parent or legal guardian 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 the minor's parent, guardian, or spouse, or an adult in whose

1-22     custody the minor has been committed by a court, if that person may

1-23     lawfully be on the premises; or

1-24                 (4)  a minor from being on the premises of a licensed

 2-1     or permitted business during a time that the holder of the license

 2-2     or permit is prohibited from selling or delivering alcoholic

 2-3     beverages on the premises.

 2-4           (c)  For purposes of this section, the gross revenues of the

 2-5     business include the revenues of the holder of a license or permit

 2-6     and any entity with whom the holder of a license or permit shares

 2-7     space or business facilities on the premises.

 2-8           SECTION 2.  Sections 106.09(b) and (c), Alcoholic Beverage

 2-9     Code, are amended to read as follows:

2-10           (b)  Except as provided by Section 106.15, a [A] holder of a

2-11     package store permit or a wine only package store permit may employ

2-12     a person 16 years old or older to work in any capacity.

2-13           (c)  Except as provided by Section 106.15, a [A] holder of a

2-14     mixed beverage permit may employ a person under 18 years of age to

2-15     work in any capacity other than the actual selling, preparing, or

2-16     serving of mixed beverages.

2-17           SECTION 3.  This Act takes effect September 1, 1997.

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.