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79R460 AJA-D

By:  Eissler                                                      H.B. No. 36 



A BILL TO BE ENTITLED

AN ACT

relating to the sale or service of an alcoholic beverage to a person 
on the person's 21st birthday; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 106, Alcoholic Beverage Code, is amended 
by adding Section 106.031 to read as follows:
	Sec. 106.031.  SALE OR SERVICE OF ALCOHOL TO PERSON ON 
PERSON'S 21ST BIRTHDAY.  (a)  The holder of a license or permit that 
allows the sale of alcoholic beverages for on-premises consumption 
commits an offense if, on the licensed or permitted premises, the 
license or permit holder with criminal negligence sells, serves, 
dispenses, or delivers an alcoholic beverage to a person on the date 
of the person's 21st birthday before:
		(1)  7 a.m. if the person's birthday occurs on a day 
other than Sunday; or
		(2)  noon if the person's birthday occurs on Sunday.                   
	(b)  A license or permit holder who sells, serves, dispenses, 
or delivers an alcoholic beverage to a person on the person's 21st 
birthday before the time prescribed by Subsection (a) does not 
commit an offense if the person falsely represents that the 
person's 21st birthday occurred on a date before the date on which 
the sale or service occurs by displaying an apparently valid Texas 
driver's license or identification card issued by the Texas 
Department of Public Safety containing a physical description 
consistent with the person's appearance for the purpose of inducing 
the license or permit holder to sell or serve the person an 
alcoholic beverage.
	(c)  An offense under this section is a Class A misdemeanor.            
	SECTION 2.  Section 106.13(a), Alcoholic Beverage Code, is 
amended to read as follows:
	(a)  Except as provided in Subsections (b) and (c) [of this 
section], the commission or administrator may cancel or suspend for 
not more than 90 days a retail license or permit or a private club 
registration permit if it is found, on notice and hearing, that the 
licensee or permittee with criminal negligence sold, served, 
dispensed, or delivered an alcoholic beverage to a minor, sold, 
served, dispensed, or delivered an alcoholic beverage to a person 
21 years of age earlier than the time prescribed by Section 106.031,
or with criminal negligence permitted a minor to violate Section 
106.04 or 106.05 [of this code] on the licensed premises.
	SECTION 3.  Section 106.14(a), Alcoholic Beverage Code, is 
amended to read as follows:
	(a)  For purposes of this chapter and any other provision of 
this code relating to the sales, service, dispensing, or delivery 
of alcoholic beverages to a person who is not a member of a private 
club on the club premises, a minor, a person who is 21 years of age 
on the person's 21st birthday, or an intoxicated person or the 
consumption of alcoholic beverages by a person who is not a member 
of a private club on the club premises, a minor, or an intoxicated 
person, the actions of an employee shall not be attributable to the 
employer if:
		(1)  the employer requires its employees to attend a 
commission-approved seller training program;
		(2)  the employee has actually attended such a training 
program; and        
		(3)  the employer has not directly or indirectly 
encouraged the employee to violate such law.
	SECTION 4.  This Act takes effect September 1, 2005.