84R5156 JAM-D
 
  By: Phillips H.B. No. 909
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the tasting of alcoholic beverages by students enrolled
  in certain courses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 106.05(b), Alcoholic Beverage Code, is
  amended to read as follows:
         (b)  A minor may possess an alcoholic beverage:
               (1)  while in the course and scope of the minor's
  employment if the minor is an employee of a licensee or permittee
  and the employment is not prohibited by this code;
               (2)  if the minor is in the visible presence of his
  adult parent, guardian, or spouse, or other adult to whom the minor
  has been committed by a court; [or]
               (3)  if the minor is under the immediate supervision of
  a commissioned peace officer engaged in enforcing the provisions of
  this code; or
               (4)  if the beverage is lawfully provided to the minor
  under Section 106.16.
         SECTION 2.  Section 106.06(b), Alcoholic Beverage Code, is
  amended to read as follows:
         (b)  A person may purchase an alcoholic beverage for or give
  an alcoholic beverage to a minor if the person is:
               (1)  [he is] the minor's adult parent, guardian, or
  spouse, or an adult in whose custody the minor has been committed by
  a court, and [he] is visibly present when the minor possesses or
  consumes the alcoholic beverage; or 
               (2)  a person lawfully providing an alcoholic beverage
  to a minor under Section 106.16.
         SECTION 3.  Chapter 106, Alcoholic Beverage Code, is amended
  by adding Section 106.16 to read as follows:
         Sec. 106.16.  EXCEPTION FOR CERTAIN COURSE WORK. (a) In
  this section:
               (1)  "Career school or college" has the meaning
  assigned by Section 132.001, Education Code.
               (2)  "Taste" means to draw a beverage into the mouth
  without swallowing or otherwise consuming the beverage.
         (b)  Notwithstanding any other law, a minor may taste an
  alcoholic beverage if:
               (1)  the minor:
                     (A)  is at least 18 years old; and
                     (B)  is enrolled:
                           (i)  as a student at a public or private
  institution of higher education or a career school or college that
  offers a program in culinary arts, viticulture, enology or wine
  technology, brewing or beer technology, or distilled spirits
  production or technology; and
                           (ii)  in a course that is part of a program
  described by Subparagraph (i); 
               (2)  the beverage is tasted for educational purposes as
  part of the curriculum for the course described by Subdivision
  (1)(B)(ii);
               (3)  the beverage is not purchased by the minor; and
               (4)  the service and tasting of the beverage is
  supervised by a faculty or staff member who is at least 21 years of
  age.
         (c)  A public or private institution of higher education or a
  career school or college is not required to hold a license or permit
  to engage in the activities authorized under this section.
         SECTION 4.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect at the time the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 5.  This Act takes effect September 1, 2015.