By Haggerty H.B. No. 3016 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the use of electronically readable information to 1-3 comply with provisions of the Alcoholic Beverage Code. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 32.09, Alcoholic Beverage Code, is amended 1-6 by adding subsection (d) to read as follows: 1-7 Sec. 32.09. Temporary Members. (a) The manager or other 1-8 person in charge of the club premises may allow a person to enter 1-9 the club if he possesses a valid temporary membership card which 1-10 has no erasures or changes and which has the temporary dates in a 1-11 prominent position on the card. A temporary member may enjoy the 1-12 club's services and privileges for a period of not more than three 1-13 days per invitation. A temporary member may bring not more than 1-14 three guests to the club and must remain in their presence while 1-15 they are at the club. 1-16 (b) At the time of his admission the temporary member shall 1-17 pay the club a fee of $3, which shall represent the fee payable by 1-18 the permittee to the state. All fees and payments from temporary 1-19 members shall be collected in cash or through credit cards approved 1-20 by the commission or administrator. 1-21 (c) Temporary memberships shall be governed by rules 1-22 promulgated by the commission consistent with the provisions of 1-23 this section. 1-24 (d) Notwithstanding Section 521.126, Transportation Code, 2-1 the use of the information on an identification certificate, 2-2 commercial driver's license, or driver's license in an 2-3 electronically readable form is permissible when accessed to comply 2-4 with this code or rules promulgated by the commission. The 2-5 information shall not be retained by any person after it is no 2-6 longer required to be kept by the commission. The information 2-7 shall not be marketed in any manner. 2-8 SECTION 2. Section 106.03, Alcoholic Beverage Code, is 2-9 amended by adding subsection (d) to read as follows: 2-10 Sec. 106.03. SALE TO MINORS (a) A person commits an 2-11 offense if with criminal negligence he sells an alcoholic beverage 2-12 to a minor. 2-13 (b) A person who sells a minor an alcoholic beverage does 2-14 not commit an offense if the minor falsely represents himself to be 2-15 21 years old or older by displaying an apparently valid Texas 2-16 driver's license or an identification card issued by the Texas 2-17 Department of Public Safety, containing a physical description 2-18 consistent with his appearance for the purpose of inducing the 2-19 person to sell him an alcoholic beverage. 2-20 (c) An offense under this section is a Class A misdemeanor. 2-21 (d) Notwithstanding Section 521.126, Transportation Code, 2-22 the use of the information on an identification certificate, 2-23 commercial driver's license, or driver's license in an 2-24 electronically readable form is permissible when accessed to 2-25 prevent the offense in this section. The information shall not be 2-26 retained by any person after it is no longer needed to prevent this 2-27 offense. The information shall not be marketed in any manner. 3-1 SECTION 3. This Act takes effect immediately if it receives 3-2 a vote of two-thirds of all the members elected to each house, as 3-3 provided by Section 39, Article III, Texas Constitution. If this 3-4 Act does not receive the vote necessary for immediate effect, this 3-5 Act takes effect September 1, 2001.