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