By Seaman H.B. No. 2907
76R4802 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consumption of alcoholic beverages by certain
1-3 individuals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 106.04(b), Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 (b) It is an affirmative defense to prosecution under this
1-8 section that the alcoholic beverage was consumed:
1-9 (1) in the minor's home; and
1-10 (2) in the visible presence of the minor's adult
1-11 parent, guardian, or spouse.
1-12 SECTION 2. Section 106.06(b), Alcoholic Beverage Code, is
1-13 amended to read as follows:
1-14 (b) A person may purchase an alcoholic beverage for or give
1-15 an alcoholic beverage to a minor if:
1-16 (1) the person purchasing the beverage [he] is the
1-17 minor's adult parent, guardian, or spouse, or an adult in whose
1-18 custody the minor has been committed by a court;
1-19 (2) the person[, and he] is visibly present when the
1-20 minor possesses or consumes the alcoholic beverage; and
1-21 (3) the alcoholic beverage is consumed in the minor's
1-22 home.
1-23 SECTION 3. (a) This Act takes effect September 1, 1999, and
1-24 applies only to an offense committed on or after the effective date
2-1 of this Act. For purposes of this section, an offense is committed
2-2 before the effective date of this Act if any element of the offense
2-3 occurs before that date.
2-4 (b) An offense committed before the effective date of this
2-5 Act is covered by the law in effect when the offense was committed,
2-6 and the former law is continued in effect for that purpose.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.