1-1                                   AN ACT

 1-2     relating to the offense of purchase or possession of alcohol by a

 1-3     minor.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 106.02(a), Alcoholic Beverage Code, is

 1-6     amended to read as follows:

 1-7           (a)  A minor commits an offense if the minor [he] purchases

 1-8     an alcoholic beverage.  A minor does not commit an offense if the

 1-9     minor purchases an alcoholic beverage under  the immediate

1-10     supervision of a commissioned peace officer engaged in enforcing

1-11     the provisions of this code.

1-12           SECTION 2.  Section 106.05(b), Alcoholic Beverage Code, is

1-13     amended to read as follows:

1-14           (b)  A minor may possess an alcoholic beverage:

1-15                 (1)  while in the course and scope of the minor's [his]

1-16     employment if the minor [he] is an employee of a licensee or

1-17     permittee and  the employment is not prohibited by this code; [or]

1-18                 (2)  if the minor [he] is in the presence of an adult

1-19     parent, guardian, or spouse, or other adult to whom the minor [he]

1-20     has been committed by a court; or

1-21                 (3)  if the minor is under the immediate supervision of

1-22     a commissioned peace officer engaged in enforcing the provisions of

1-23     this code.

1-24           SECTION 3.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended,

 2-5     and that this Act take effect and be in force from and after its

 2-6     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 3441 was passed by the House on May

         7, 1997, by the following vote:  Yeas 139, Nays 0, 2 present, not

         voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 3441 was passed by the Senate on May

         26, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor