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78R2971 MCK-D
By: Wilson H.B. No. 657
A BILL TO BE ENTITLED
AN ACT
relating to relevant statutory provisions relating to age in the
regulation of alcoholic beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.13, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 22.13. AGE OF PACKAGE STORE EMPLOYEES. (a) A package
store permittee may not knowingly utilize or employ any person
under the age of 18 [21] to work on the premises of a package store
in any capacity or to deliver alcohol off the premises of a package
store.
(b) [This section shall not apply to a person who was under
the age of 21 and employed by a package store on September 1, 1995.
[(c)] This section shall not apply to a person who is
employed by the person's parent or legal guardian to work in a
package store that is owned by the parent or legal guardian.
SECTION 2. Section 102.19, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 102.19. PROMOTIONAL GIFT WINE. A holder of a winery
permit may give one or more unopened bottles of Texas-made wine
produced or bottled by the winery to a person 18 [21] years of age or
older on the premises of a convention center or civic center that
holds a mixed beverage permit if no charge is made by the winery or
by the mixed beverage permittee for the wine. A recipient of a
bottle of wine under this section must take the unopened gift bottle
off the premises of the mixed beverage permittee.
SECTION 3. Section 106.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 106.01. DEFINITION. In this code, "minor" means a
person under 18 [21] years of age.
SECTION 4. Section 106.03(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) A person who sells a minor an alcoholic beverage does
not commit an offense if the minor falsely represents the minor
[himself] to be 18 [21] years old or older by displaying an
apparently valid Texas driver's license or an identification card
issued by the Texas Department of Public Safety, containing a
physical description consistent with the minor's [his] appearance
for the purpose of inducing the person to sell the minor [him] an
alcoholic beverage.
SECTION 5. Section 106.07(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) A minor commits an offense if the minor [he] falsely
states that the minor [he] is 18 [21] years of age or older or
presents any document that indicates the minor [he] is 18 [21] years
of age or older to a person engaged in selling or serving alcoholic
beverages.
SECTION 6. Section 106.12(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) Any person convicted of not more than one violation of
this code while a minor, on attaining the age of 18 [21] years, may
apply to the court in which the person [he] was convicted to have
the conviction expunged.
SECTION 7. Section 107.12, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 107.12. DIRECT SHIPMENT OF WINE. Notwithstanding
Section 107.07, a person who purchases wine while at a winery
located in this state may ship or cause to be shipped the wine to the
person's residence if the winery verifies that the person
purchasing the wine is 18 [21] years of age or older. The person
must be present when the wine is delivered to the person's
residence.
SECTION 8. Section 110.054, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 110.054. DELIVERY OF WINE IN A DRY AREA. A package
store that participates in the program may ship wine under Section
110.053 to a person who resides in a dry area if:
(1) the delivery is made by the holder of a carrier
permit; and
(2) the package is clearly labeled as requiring the
signature of a person 18 [21] years of age or older for delivery.
SECTION 9. Section 49.02(e), Penal Code, is amended to read
as follows:
(e) An offense under this section committed by a person
younger than 18 [21] years of age is punishable in the same manner
as if the minor committed an offense to which Section 106.071,
Alcoholic Beverage Code, applies.
SECTION 10. Section 521.101(c), Transportation Code, is
amended to read as follows:
(c) The department shall indicate "UNDER 18 [21]" on the
face of a personal identification certificate issued to a person
under 18 [21] years of age.
SECTION 11. Section 521.123, Transportation Code, is
amended to read as follows:
Sec. 521.123. DESIGNATOR ON LICENSE ISSUED TO PERSON UNDER
18 [21] YEARS OF AGE. The department shall[:
[(1)] designate and clearly mark as a provisional
license each original driver's license issued by the department to
a person who is under 18 years of age[;] and
[(2) for each original, renewed, or duplicate license
issued to a person who is under 21 years of age]:
(1) [(A)] indicate "UNDER 18 [21]" on the face of the
license; and
(2) [(B)] orient the information on the license to
clearly distinguish the license from a license that is issued to a
person who is 18 [21] years of age or older.
SECTION 12. Section 521.342, Transportation Code, is
amended to read as follows:
Sec. 521.342. PERSON UNDER 18 [21] YEARS OF AGE. (a)
Except as provided by Section 521.344, the license of a person who
was under 18 [21] years of age at the time of the offense, other than
an offense classified as a misdemeanor punishable by fine only, is
automatically suspended on conviction of:
(1) an offense under Section 49.04 or 49.07, Penal
Code, committed as a result of the introduction of alcohol into the
body;
(2) an offense under the Alcoholic Beverage Code,
other than an offense to which Section 106.071 of that code applies,
involving the manufacture, delivery, possession, transportation,
or use of an alcoholic beverage;
(3) a misdemeanor offense under Chapter 481, Health
and Safety Code, for which Subchapter P does not require the
automatic suspension of the license;
(4) an offense under Chapter 483, Health and Safety
Code, involving the manufacture, delivery, possession,
transportation, or use of a dangerous drug; or
(5) an offense under Chapter 484, Health and Safety
Code, involving the manufacture, delivery, possession,
transportation, or use of a volatile chemical.
(b) The department shall suspend for one year the license of
a person who is under 18 [21] years of age and is convicted of an
offense under Section 49.04, 49.07, or 49.08, Penal Code,
regardless of whether the person is required to attend an
educational program under Section 13(h), Article 42.12, Code of
Criminal Procedure, that is designed to rehabilitate persons who
have operated motor vehicles while intoxicated, unless the person
is placed under community supervision under that article and is
required as a condition of the community supervision to not operate
a motor vehicle unless the vehicle is equipped with the device
described by Section 13(i) of that article. If the person is
required to attend such a program and does not complete the program
before the end of the person's suspension, the department shall
suspend the person's license or continue the suspension, as
appropriate, until the department receives proof that the person
has successfully completed the program. On the person's successful
completion of the program, the person's instructor shall give
notice to the department and to the community supervision and
corrections department in the manner provided by Section 13(h),
Article 42.12, Code of Criminal Procedure.
(c) A person whose license is suspended under Subsection (a)
remains eligible to receive an occupational license under
Subchapter L. Suspension under Subsection (a) is not a suspension
for physical or mental disability or impairment for purposes of
eligibility to apply for an occupational license under Subchapter
L.
SECTION 13. Sections 521.453(a) and (h), Transportation
Code, are amended to read as follows:
(a) Except as provided by Subsection (f), a person under the
age of 18 [21] years commits an offense if the person possesses,
with the intent to represent that the person is 18 [21] years of age
or older, a document that is deceptively similar to a driver's
license or a personal identification certificate unless the
document displays the statement "NOT A GOVERNMENT DOCUMENT"
diagonally printed clearly and indelibly on both the front and back
of the document in solid red capital letters at least one-fourth
inch in height.
(h) In addition to the punishment provided by Subsection
(d), a court, if the court is located in a municipality or county
that has established a community service program, may order a
person younger than 18 [21] years of age who commits an offense
under this section to perform eight hours of community service
unless the person is shown to have previously committed an offense
under this section, in which case the court may order the person to
perform 12 hours of community service.
SECTION 14. Sections 524.001(1) and (11), Transportation
Code, are amended to read as follows:
(1) "Adult" means an individual 18 [21] years of age or
older.
(11) "Minor" means an individual under 18 [21] years
of age.
SECTION 15. Section 724.015, Transportation Code, is
amended to read as follows:
Sec. 724.015. INFORMATION PROVIDED BY OFFICER BEFORE
REQUESTING SPECIMEN. Before requesting a person to submit to the
taking of a specimen, the officer shall inform the person orally and
in writing that:
(1) if the person refuses to submit to the taking of
the specimen, that refusal may be admissible in a subsequent
prosecution;
(2) if the person refuses to submit to the taking of
the specimen, the person's license to operate a motor vehicle will
be automatically suspended, whether or not the person is
subsequently prosecuted as a result of the arrest, for not less than
180 days;
(3) if the person is 18 [21] years of age or older and
submits to the taking of a specimen designated by the officer and an
analysis of the specimen shows the person had an alcohol
concentration of a level specified by Chapter 49, Penal Code, the
person's license to operate a motor vehicle will be automatically
suspended for not less than 90 days, whether or not the person is
subsequently prosecuted as a result of the arrest;
(4) if the person is younger than 18 [21] years of age
and has any detectable amount of alcohol in the person's system, the
person's license to operate a motor vehicle will be automatically
suspended for not less than 60 days even if the person submits to
the taking of the specimen, but that if the person submits to the
taking of the specimen and an analysis of the specimen shows that
the person had an alcohol concentration less than the level
specified by Chapter 49, Penal Code, the person may be subject to
criminal penalties less severe than those provided under that
chapter;
(5) if the officer determines that the person is a
resident without a license to operate a motor vehicle in this state,
the department will deny to the person the issuance of a license,
whether or not the person is subsequently prosecuted as a result of
the arrest, under the same conditions and for the same periods that
would have applied to a revocation of the person's driver's license
if the person had held a driver's license issued by this state; and
(6) the person has a right to a hearing on the
suspension or denial if, not later than the 15th day after the date
on which the person receives the notice of suspension or denial or
on which the person is considered to have received the notice by
mail as provided by law, the department receives, at its
headquarters in Austin, a written demand, including a facsimile
transmission, or a request in another form prescribed by the
department for the hearing.
SECTION 16. This Act takes effect September 1, 2003.
SECTION 17. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before the effective date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.