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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of an alcoholic beverage to a minor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 106.03(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) A person who sells a minor an alcoholic beverage does |
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not commit an offense if the minor falsely represents himself to be |
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21 years old or older by displaying an apparently valid proof of |
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identification that contains [Texas driver's license or an
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identification card issued by the Texas Department of Public
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Safety, containing] a physical description and photograph |
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consistent with the minor's [his] appearance, purports to establish |
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that the minor is 21 years of age or older, and was issued by a |
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governmental agency [for the purpose of inducing the person to sell
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him an alcoholic beverage]. The proof of identification may |
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include a driver's license issued by this state or another state, a |
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passport, or an identification card issued by a state or the federal |
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government. |
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SECTION 2. The defenses added by this Act to Section |
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160.03(b), Alcoholic Beverage Code, are available to a person |
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regardless of when the offense was committed but only for trials |
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commencing on or after the effective date of this Act. |
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SECTION 3. 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, 2009. |