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A BILL TO BE ENTITLED
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AN ACT
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relating to who is a minor for the purposes of the Alcoholic |
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Beverage Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2.02(c), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(c) An adult who is 21 years of age or older or at least 18 |
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years of age and a member of the United States armed forces on |
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active duty is liable for damages proximately caused by the |
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intoxication of a minor under the age of 18 if: |
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(1) the adult is not: |
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(A) the minor's parent, guardian, or spouse; or |
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(B) an adult in whose custody the minor has been |
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committed by a court; and |
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(2) the adult knowingly: |
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(A) served or provided to the minor any of the |
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alcoholic beverages that contributed to the minor's intoxication; |
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or |
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(B) allowed the minor to be served or provided |
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any of the alcoholic beverages that contributed to the minor's |
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intoxication on the premises owned or leased by the adult. |
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SECTION 2. Sections 16.09(c) and (d), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(c) Wine shipped by the holder of a winery permit may not be |
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delivered to any person other than: |
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(1) the person who purchased the wine; |
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(2) a recipient designated in advance by such |
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purchaser; or |
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(3) a person at the delivery address who is age 21 or |
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over or at least 18 years of age and a member of the United States |
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armed forces on active duty. |
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(d) Wine may be delivered only to a person who is age 21 or |
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over or at least 18 years of age and a member of the United States |
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armed forces on active duty after the person accepting the package: |
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(1) presents valid proof of identity and age and, if |
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applicable, proof of active duty service in the United States armed |
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forces; and |
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(2) personally signs a receipt acknowledging delivery |
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of the package. |
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SECTION 3. Sections 22.13(a) and (b), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(a) Except as provided by Subsection (b), a [A] package |
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store permittee may not knowingly utilize or employ any person |
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under the age of 21 to work on the premises of a package store in any |
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capacity or to deliver alcohol off the premises of a package store. |
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(b) A package store permittee may employ [This section shall
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not apply to] a person who is at least 18 years of age and a member |
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of the United States armed forces on active duty [was under the age
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of 21 and employed by a package store on September 1, 1995]. |
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SECTION 4. Sections 54.05(b) and (c), Alcoholic Beverage |
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Code, are amended to read as follows: |
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(b) Wine sold or shipped by a holder of an out-of-state |
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winery direct shipper's permit may not be delivered to any person |
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other than: |
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(1) the person who purchased the wine; |
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(2) a recipient designated in advance by such |
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purchaser; or |
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(3) a person at the delivery address who is age 21 or |
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over or at least 18 years of age and a member of the United States |
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armed forces on active duty. |
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(c) Wine may be delivered only to a person who is age 21 or |
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over or at least 18 years of age and a member of the United States |
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armed forces on active duty after the person accepting the package: |
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(1) presents valid proof of identity and age and, if |
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applicable, proof of active duty service in the United States armed |
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forces; and |
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(2) personally signs a receipt acknowledging delivery |
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of the package. |
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SECTION 5. Section 102.19, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 102.19. PROMOTIONAL GIFT WINE. A holder of a winery |
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permit may give one or more unopened bottles of Texas-made wine |
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produced or bottled by the winery to a person 21 years of age or |
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older or at least 18 years of age and a member of the United States |
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armed forces on active duty on the premises of a convention center |
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or civic center that holds a mixed beverage permit if no charge is |
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made by the winery or by the mixed beverage permittee for the wine. |
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A recipient of a bottle of wine under this section must take the |
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unopened gift bottle off the premises of the mixed beverage |
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permittee. |
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SECTION 6. Section 106.01, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 106.01. DEFINITION. In this code, "minor" means a |
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person under 21 years of age. The term does not include a person who |
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is at least 18 years of age and a member of the United States armed |
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forces on active duty. |
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SECTION 7. Section 106.03(b), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(b) A person who sells a minor an alcoholic beverage does |
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not commit an offense if the minor falsely represents the minor |
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[himself] to be 21 years old or older or at least 18 years of age and |
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a member of the United States armed forces on active duty by |
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displaying an apparently valid proof of identification that |
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contains a physical description and photograph consistent with the |
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minor's appearance, purports to establish that the minor is 21 |
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years of age or older or at least 18 years of age and a member of the |
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United States armed forces on active duty, and was issued by a |
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governmental agency. The proof of identification may include a |
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driver's license or identification card issued by the Department of |
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Public Safety, a passport, or a military identification card. |
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SECTION 8. Section 106.07(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) A minor commits an offense if the minor: |
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(1) [he] falsely states to a person engaged in selling |
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or serving alcoholic beverages that the minor [he] is: |
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(A) 21 years of age or older; or |
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(B) at least 18 years of age and a member of the |
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United States armed forces on active duty; or |
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(2) presents any document to a person engaged in |
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selling or serving alcoholic beverages that indicates the minor |
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[he] is: |
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(A) 21 years of age or older; or |
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(B) at least 18 years of age and a member of the |
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United States armed forces on active duty [to a person engaged in
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selling or serving alcoholic beverages]. |
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SECTION 9. Section 110.054, Alcoholic Beverage Code, is |
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amended to read as follows: |
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Sec. 110.054. DELIVERY OF WINE IN A DRY AREA. A package |
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store that participates in the program may ship wine under Section |
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110.053 to a person who resides in a dry area if: |
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(1) the delivery is made by the holder of a carrier |
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permit; and |
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(2) the package is clearly labeled as requiring the |
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signature of a person 21 years of age or older or at least 18 years |
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of age and a member of the United States armed forces on active duty |
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for delivery. |
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SECTION 10. Section 49.02(e), Penal Code, is amended to |
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read as follows: |
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(e) An offense under this section committed by a person who |
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is a minor for the purposes of the Alcoholic Beverage Code [younger
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than 21 years of age] is punishable in the same manner as if the |
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minor committed an offense to which Section 106.071, Alcoholic |
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Beverage Code, applies. |
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SECTION 11. This Act takes effect September 1, 2013. |