By Haggerty H.B. No. 3016
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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.
2-1 (d) Notwithstanding Section 521.126, Transportation Code,
2-2 the use of the information on an identification certificate,
2-3 commercial driver's license, or driver's license in an
2-4 electronically readable form is permissible when accessed to comply
2-5 with this code or rules promulgated by the commission. The
2-6 information shall not be retained by any person after it is no
2-7 longer required to be kept by the commission. The information
2-8 shall not be marketed in any manner.
2-9 SECTION 2. Section 106.03, Alcoholic Beverage Code, is
2-10 amended by adding subsection (d) to read as follows:
2-11 Sec. 106.03. SALE TO MINORS (a) A person commits an
2-12 offense if with criminal negligence he sells an alcoholic beverage
2-13 to a minor.
2-14 (b) A person who sells a minor an alcoholic beverage does
2-15 not commit an offense if the minor falsely represents himself to be
2-16 21 years old or older by displaying an apparently valid Texas
2-17 driver's license or an identification card issued by the Texas
2-18 Department of Public Safety, containing a physical description
2-19 consistent with his appearance for the purpose of inducing the
2-20 person to sell him an alcoholic beverage.
2-21 (c) An offense under this section is a Class A misdemeanor.
2-22 (d) Notwithstanding Section 521.126, Transportation Code,
2-23 the use of the information on an identification certificate,
2-24 commercial driver's license, or driver's license in an
2-25 electronically readable form is permissible when accessed to
2-26 prevent the offense in this section. The information shall not be
3-1 retained by any person after it is no longer needed to prevent this
3-2 offense. The information shall not be marketed in any manner.
3-3 SECTION 3. This Act takes effect immediately if it receives
3-4 a vote of two-thirds of all the members elected to each house, as
3-5 provided by Section 39, Article III, Texas Constitution. If this
3-6 Act does not receive the vote necessary for immediate effect, this
3-7 Act takes effect September 1, 2001.