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AN ACT
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relating to the tasting of alcoholic beverages by students enrolled |
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in certain 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: |
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(1) "Career school or college" has the meaning |
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assigned by Section 132.001, Education Code. |
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(2) "Taste" means to draw a beverage into the mouth |
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without swallowing or otherwise consuming the beverage. |
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(b) Notwithstanding any other law, a minor may taste an |
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alcoholic beverage 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: |
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(i) as a student at a public or private |
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institution of higher education or a career school or college that |
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offers a program in culinary arts, viticulture, enology or wine |
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technology, brewing or beer technology, or distilled spirits |
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production or technology; and |
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(ii) in a course that is part of a program |
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described by Subparagraph (i); |
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(2) the beverage is tasted for educational purposes as |
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part of the curriculum for the course described by Subdivision |
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(1)(B)(ii); |
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(3) the beverage is not purchased by the minor; and |
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(4) the service and tasting of the beverage 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 909 was passed by the House on April |
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16, 2015, by the following vote: Yeas 145, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 909 was passed by the Senate on May |
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22, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |