By Alvarado H.B. No. 106
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creation of an offense involving presence of a minor on
1-3 premises covered by certain alcoholic beverage permits or licenses.
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 106.16 to read as follows:
1-7 Sec. 106.16. PRESENCE OF MINOR ON LICENSED PREMISES.
1-8 (a) Except as provided by Subsection (b):
1-9 (1) a minor may not be on premises covered by a permit
1-10 or license issued under Chapter 25, 28, 29, 32, 69, or 70; and
1-11 (2) the holder of a permit or license issued under
1-12 this code may not allow a minor to be on the premises covered by
1-13 the permit or license.
1-14 (b) This section does not apply if:
1-15 (1) the minor at all times while on the premises is in
1-16 the presence of the minor's parent or the minor's adult spouse or
1-17 an adult person into whose custody a court has committed the minor;
1-18 (2) the business operated on the premises derives:
1-19 (A) 65 percent or more of its gross revenues
1-20 from the sale of food and other goods, not including alcoholic
1-21 beverages; or
1-22 (B) 50 percent or more of its gross revenues
1-23 from the sale of tickets to outdoor live performances; or
1-24 (3) the minor's presence is in the course of
2-1 employment permitted under this code.
2-2 SECTION 2. The change in law made by this Act applies to the
2-3 holder of a food and beverage certificate issued by the Texas
2-4 Alcoholic Beverage Commission.
2-5 SECTION 3. This Act takes effect September 1, 1999.
2-6 SECTION 4. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.