1-1     By:  Kubiak (Senate Sponsor - Cain)                   H.B. No. 3441

 1-2           (In the Senate - Received from the House May 8, 1997;

 1-3     May 9, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 18, 1997, reported favorably by the following vote:

 1-5     Yeas 13, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the offense of purchase or possession of alcohol by a

 1-9     minor.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 106.02(a), Alcoholic Beverage Code, is

1-12     amended to read as follows:

1-13           (a)  A minor commits an offense if the minor [he] purchases

1-14     an alcoholic beverage.  A minor does not commit an offense if the

1-15     minor purchases an alcoholic beverage under  the immediate

1-16     supervision of a commissioned peace officer engaged in enforcing

1-17     the provisions of this code.

1-18           SECTION 2.  Section 106.05(b), Alcoholic Beverage Code, is

1-19     amended to read as follows:

1-20           (b)  A minor may possess an alcoholic beverage:

1-21                 (1)  while in the course and scope of the minor's [his]

1-22     employment if the minor [he] is an employee of a licensee or

1-23     permittee and  the employment is not prohibited by this code; [or]

1-24                 (2)  if the minor [he] is in the presence of an adult

1-25     parent, guardian, or spouse, or other adult to whom the minor [he]

1-26     has been committed by a court; or

1-27                 (3)  if the minor is under the immediate supervision of

1-28     a commissioned peace officer engaged in enforcing the provisions of

1-29     this code.

1-30           SECTION 3.  The importance of this legislation and the

1-31     crowded condition of the calendars in both houses create an

1-32     emergency and an imperative public necessity that the

1-33     constitutional rule requiring bills to be read on three several

1-34     days in each house be suspended, and this rule is hereby suspended,

1-35     and that this Act take effect and be in force from and after its

1-36     passage, and it is so enacted.

1-37                                  * * * * *