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A BILL TO BE ENTITLED
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AN ACT
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relating to the tasting of wine by students enrolled in certain |
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courses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 106.05(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) A minor may possess an alcoholic beverage: |
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(1) while in the course and scope of the minor's |
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employment if the minor is an employee of a licensee or permittee |
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and the employment is not prohibited by this code; |
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(2) if the minor is in the visible presence of his |
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adult parent, guardian, or spouse, or other adult to whom the minor |
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has been committed by a court; [or] |
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(3) if the minor is under the immediate supervision of |
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a commissioned peace officer engaged in enforcing the provisions of |
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this code; or |
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(4) if the beverage is lawfully provided to the minor |
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under Section 106.16. |
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SECTION 2. Section 106.06(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) A person may purchase an alcoholic beverage for or give |
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an alcoholic beverage to a minor if the person is: |
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(1) [he is] the minor's adult parent, guardian, or |
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spouse, or an adult in whose custody the minor has been committed by |
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a court, and [he] is visibly present when the minor possesses or |
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consumes the alcoholic beverage; or |
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(2) a person lawfully providing an alcoholic beverage |
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to a minor under Section 106.16. |
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SECTION 3. Chapter 106, Alcoholic Beverage Code, is amended |
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by adding Section 106.16 to read as follows: |
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Sec. 106.16. EXCEPTION FOR CERTAIN COURSE WORK. (a) In |
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this section, "career school or college" means a career school or |
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college as defined by Section 132.001, Education Code, that offers |
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a two-year associate degree as approved by the Texas Higher |
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Education Coordinating Board. |
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(b) Notwithstanding any other law, a minor may consume not |
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more than one ounce of wine per course meeting if: |
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(1) the minor: |
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(A) is at least 18 years old; and |
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(B) is enrolled as a student in a course at a |
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public or private institution of higher education or a career |
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school or college; |
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(2) the wine is consumed for educational purposes as |
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part of the curriculum for the course described by Subdivision |
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(1)(B); |
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(3) the wine is not purchased by the minor; and |
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(4) the service and consumption of the wine is |
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supervised by a faculty or staff member who is at least 21 years of |
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age. |
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(c) A public or private institution of higher education or a |
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career school or college is not required to hold a license or permit |
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to engage in the activities authorized under this section. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect at the time the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2015. |