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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of certain electronically readable information |
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on a driver's license to comply with certain alcohol related laws. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 109.61, Alcoholic Beverage Code, is |
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amended as follows: |
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Sec. 109.61. USE OF CERTAIN ELECTRONICALLY READABLE |
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INFORMATION. (a) A person may access electronically readable |
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information on a driver's license, commercial driver's license, or |
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identification certificate for the purpose of complying with this |
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code or a rule of the commission, including for the purpose of |
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preventing the person from committing an offense under this code. |
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(b) A person may not retain information accessed under this |
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section unless the commission by rule requires the information to |
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be retained. The person may not retain the information longer than |
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the commission requires. |
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(c) Information accessed under this section may not be |
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marketed in any manner. |
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(d) A person who violates this section commits an offense. |
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An offense under this section is a Class A misdemeanor. |
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(e) It is an affirmative defense to prosecution under this |
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code, for an offense having as an element the age of a person, that: |
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(1) a transaction scan device identified [a] the |
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license or certificate of the purchaser as valid and that the person |
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is over 21, and the defendant accessed the information and relied on |
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the results in good faith; or |
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(2) if the defendant is the owner of a store in which |
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alcoholic beverages are sold at retail, the offense occurs in |
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connection with a sale by an employee of the owner, and the owner |
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had provided the employee with: |
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(A) a transaction scan device in working |
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condition; and |
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(B) adequate training in the use of the |
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transaction scan device; and |
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(C) the defendant did not directly or indirectly |
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encourage the employee to violate the law. |
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(f) The defense offered in subsection (e) does not apply in |
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actions to cancel, deny or suspend the license or permit. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |