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 * * * * *