By: Watson, et al. S.B. No. 966
 
  (Neave)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to criminal offenses regarding the consumption or
  possession of alcoholic beverages by a minor.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 106.04, Alcoholic Beverage Code, is
  amended by adding Subsections (f), (g), and (h) to read as follows:
         (f)  Except as provided by Subsection (g), Subsection (a)
  does not apply to a minor who reports the sexual assault of the
  minor or another person, or is the victim of a sexual assault
  reported by another person, to:
               (1)  a health care provider treating the victim of the
  sexual assault;
               (2)  an employee of a law enforcement agency, including
  an employee of a campus police department of an institution of
  higher education; or
               (3)  the Title IX coordinator of an institution of
  higher education or another employee of the institution responsible
  for responding to reports of sexual assault.
         (g)  A minor is entitled to raise the defense provided by
  Subsection (f) in the prosecution of an offense under this section
  only if the minor is in violation of this section at the time of the
  commission of a sexual assault that is:
               (1)  reported by the minor under Subsection (f); or
               (2)  committed against the minor and reported by
  another person under Subsection (f).
         (h)  A minor who commits a sexual assault that is reported
  under Subsection (f) is not entitled to raise the defense provided
  by Subsection (f) in the prosecution of the minor for an offense
  under this section.
         SECTION 2.  Section 106.05, Alcoholic Beverage Code, is
  amended by adding Subsections (e), (f), and (g) to read as follows:
         (e)  Except as provided by Subsection (f), Subsection (a)
  does not apply to a minor who reports the sexual assault of the
  minor or another person, or is the victim of a sexual assault
  reported by another person, to:
               (1)  a health care provider treating the victim of the
  sexual assault;
               (2)  an employee of a law enforcement agency, including
  an employee of a campus police department of an institution of
  higher education; or
               (3)  the Title IX coordinator of an institution of
  higher education or another employee of the institution responsible
  for responding to reports of sexual assault.
         (f)  A minor is entitled to raise the defense provided by
  Subsection (e) in the prosecution of an offense under this section
  only if the minor is in violation of this section at the time of the
  commission of a sexual assault that is:
               (1)  reported by the minor under Subsection (e); or
               (2)  committed against the minor and reported by
  another person under Subsection (e).
         (g)  A minor who commits a sexual assault that is reported
  under Subsection (e) is not entitled to raise the defense provided
  by Subsection (e) in the prosecution of the minor for an offense
  under this section.
         SECTION 3.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose.  For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2017.