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.