By: Van de Putte S.B. No. 693

(In the Senate - Filed February 6, 2009; February 23, 2009, read first time and referred to Committee on Business and Commerce; April 24, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; April 24, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 693 By: Eltife

A BILL TO BE ENTITLED

AN ACT

relating to proof of identification to purchase an alcoholic beverage.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subsection (b), Section 106.03, 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 himself to be 21 years old or older by displaying an apparently valid proof of identification that contains [Texas driver's license or an identification card issued by the Texas Department of Public Safety, containing] a physical description and photograph consistent with the minor's [his] appearance, purports to establish that the minor is 21 years of age or older, and was issued by a governmental agency [for the purpose of inducing the person to sell him an alcoholic beverage]. The proof of identification may include a driver's license or identification card issued by the Department of Public Safety, a passport, or a military identification card.

SECTION 2. The defenses added by this Act to Subsection (b), Section 160.03, Alcoholic Beverage Code, are available to a person regardless of when the offense was committed but only for trials commencing on or after the effective date of this Act.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.

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