| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requiring the use of electronically readable |
|
|
information to verify a purchaser's age in the retail sale of |
|
|
alcoholic beverages. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. This Act shall be known as the Deshawn Jagwan |
|
|
Act. |
|
|
SECTION 2. Section 109.61, Alcoholic Beverage Code, is |
|
|
amended by adding Subsections (a-1), (a-2), (a-3), (a-4), and (d-1) |
|
|
and amending Subsections (b) and (d) to read as follows: |
|
|
(a-1) A person shall visually inspect and access |
|
|
electronically readable information on a driver's license, |
|
|
commercial driver's license, or identification certificate for the |
|
|
purpose of verifying a purchaser's age in any retail sale of an |
|
|
alcoholic beverage for off-premises consumption. A person required |
|
|
to access electronically readable information under this |
|
|
subsection may manually enter into an electronic reader the |
|
|
information on the driver's license, commercial driver's license, |
|
|
or identification certificate if the license or certificate cannot |
|
|
be electronically scanned. This subsection does not apply to: |
|
|
(1) the retail sale of an alcoholic beverage on the |
|
|
premises of: |
|
|
(A) the holder of: |
|
|
(i) a package store permit; |
|
|
(ii) a distiller's and rectifier's permit; |
|
|
(iii) a winery permit; |
|
|
(iv) a brewer's license; |
|
|
(v) a brewpub license; or |
|
|
(vi) a mixed beverage permit; |
|
|
(B) the holder of a food and beverage certificate |
|
|
operating a restaurant on the premises; or |
|
|
(C) a restaurant; |
|
|
(2) the retail sale of an alcoholic beverage at a |
|
|
public entertainment facility property, as defined by Section |
|
|
108.73, during a sporting event, concert, festival, or other |
|
|
similar temporary event at the facility by a permit or license |
|
|
holder authorized to sell alcoholic beverages during the event; |
|
|
(3) the holder of a carrier permit delivering wine to |
|
|
an ultimate consumer on behalf of the holder of an out-of-state |
|
|
winery direct shipper's permit; |
|
|
(4) the holder of or an individual contracted with or |
|
|
employed by the holder of a wine only package store permit, local |
|
|
cartage permit, or consumer delivery permit delivering alcoholic |
|
|
beverages to an ultimate consumer as provided by Chapter 24, 43, or |
|
|
57, as applicable; or |
|
|
(5) the retail sale of an alcoholic beverage in an |
|
|
original container sealed by the manufacturer where a person picks |
|
|
up the alcoholic beverage at an outdoor area on the retailer's |
|
|
premises and removes the alcoholic beverage from the premises for |
|
|
consumption by an ultimate consumer off the premises. |
|
|
(a-2) The commission may not take any disciplinary action |
|
|
against the holder of a permit or license issued under this code for |
|
|
a violation of Subsection (a-1) if: |
|
|
(1) the permit or license holder's failure to access |
|
|
the electronically readable information is a result of a disruption |
|
|
of, interruption of, or inability to access Internet connectivity |
|
|
services or data connectivity services; and |
|
|
(2) the permit or license holder visually inspected |
|
|
the purchaser's driver's license, commercial driver's license, or |
|
|
identification certificate to verify the purchaser's age. |
|
|
(a-3) The commission may not take any disciplinary action |
|
|
against the holder of a permit or license to whom Subsection (a-1) |
|
|
applies for selling an alcoholic beverage to a minor if: |
|
|
(1) the permit or license holder electronically |
|
|
accessed the electronically readable information on the |
|
|
purchaser's driver's license, commercial driver's license, or |
|
|
identification certificate in the manner required under Subsection |
|
|
(a-1); and |
|
|
(2) the transaction scan device used to electronically |
|
|
access the purchaser's electronically readable information |
|
|
identified the license or certificate as valid and the purchaser as |
|
|
21 years of age or older on the date of the purchase. |
|
|
(a-4) The commission shall not take any disciplinary action |
|
|
against the holder of a permit or license issued under this code for |
|
|
a violation of Subsection (a-1) for the retail sale of an alcoholic |
|
|
beverage made before September 1, 2027. This subsection expires |
|
|
September 1, 2028. |
|
|
(b) A person may not retain information accessed under this |
|
|
section [unless the commission by rule requires the information to |
|
|
be retained. The person may not retain the information longer than |
|
|
the commission requires]. |
|
|
(d) Except as provided by Subsection (d-1), a [A] person who |
|
|
violates this section commits an offense. An offense under this |
|
|
section is a Class A misdemeanor. |
|
|
(d-1) It is a defense to prosecution for failure to access |
|
|
electronically readable information on a driver's license, |
|
|
commercial driver's license, or identification certificate as |
|
|
required by Subsection (a-1) that: |
|
|
(1) the person's failure to access the electronically |
|
|
readable information as required by Subsection (a-1) was caused by |
|
|
a disruption of, interruption of, or inability to access Internet |
|
|
connectivity services or data connectivity services that prevented |
|
|
the person from accessing the information; or |
|
|
(2) the purchaser was 40 years of age or older on the |
|
|
date of the purchase. |
|
|
SECTION 3. Not later than September 1, 2027, the Texas |
|
|
Alcoholic Beverage Commission shall adopt rules to implement |
|
|
Section 109.61(a-1), Alcoholic Beverage Code, as added by this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2025. |