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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring the use of electronically readable |
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information to verify a purchaser's age in the retail sale of |
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alcoholic beverages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Deshawn Jagwan |
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Act. |
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SECTION 2. Section 109.61, Alcoholic Beverage Code, is |
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amended by adding Subsections (a-1), (a-2), (a-3), and (d-1) and |
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amending Subsections (b) and (d) to read as follows: |
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(a-1) A person shall visually inspect and access |
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electronically readable information on a driver's license, |
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commercial driver's license, or identification certificate for the |
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purpose of verifying a purchaser's age in any retail sale of an |
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alcoholic beverage. A person required to access electronically |
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readable information under this subsection may manually enter into |
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an electronic reader the information on the driver's license, |
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commercial driver's license, or identification certificate if the |
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license or certificate cannot be electronically scanned. This |
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subsection does not apply to the holder of a food and beverage |
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certificate operating a restaurant on the premises. |
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(a-2) The commission may not take any disciplinary action |
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against the holder of a permit or license issued under this code for |
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a violation of Subsection (a-1) if: |
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(1) the license or permit holder's failure to access |
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the electronically readable information is a result of a disruption |
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of, interruption of, or inability to access Internet connectivity |
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services or data connectivity services; and |
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(2) the license or permit holder visually inspected |
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the purchaser's driver's license, commercial driver's license, or |
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identification certificate to verify the purchaser's age. |
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(a-3) The commission shall not take any disciplinary action |
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against the holder of a permit or license issued under this code for |
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a violation of Subsection (a-1) for the retail sale of an alcoholic |
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beverage made before September 1, 2027. This subsection expires |
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September 1, 2028. |
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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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(d) Except as provided by Subsection (d-1), a [A] person who |
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violates this section commits an offense. An offense under this |
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section is a Class A misdemeanor. |
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(d-1) It is a defense to prosecution for failure to access |
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electronically readable information on a driver's license, |
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commercial driver's license, or identification certificate as |
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required by Subsection (a-1) that: |
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(1) the person's failure to access the electronically |
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readable information as required by Subsection (a-1) was caused by |
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a disruption of, interruption of, or inability to access Internet |
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connectivity services or data connectivity services that prevented |
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the person from accessing the information; or |
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(2) the purchaser was 40 years of age or older on the |
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date of the purchase. |
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SECTION 3. Not later than September 1, 2027, the Texas |
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Alcoholic Beverage Commission shall adopt rules to implement |
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Section 109.61(a-1), Alcoholic Beverage Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2025. |