S.B. No. 1828
  relating to the use of certain electronically readable information
  on a driver's license to comply with certain alcohol-related laws.
         SECTION 1.  Section 109.61, Alcoholic Beverage Code, is
  amended to read as follows:
  INFORMATION.  (a)  A person may access electronically readable
  information on a driver's license, commercial driver's license, or
  identification certificate for the purpose of complying with this
  code or a rule of the commission, including for the purpose of
  preventing the person from committing an offense under this code.
         (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.
         (b-1)  Information retained may be printed to hard copy with
  a time and date confirmation from the transaction scan device or
  transferred to an electronic encrypted data storage or electronic
  record.  After printing or transferring data, the transaction scan
  device may clear the scanned information from the device or any
  memory in the device.  The commission by rule may set further
  requirements for the retention of information under this
         (c)  Information accessed under this section may not be
  marketed in any manner.
         (d)  A person who violates this section commits an offense.
  An offense under this section is a Class A misdemeanor.
         (e)  It is an affirmative defense to prosecution under this
  code, for an offense having as an element the age of a person, that:
               (1)  a transaction scan device identified the [a]
  license or certificate of the purchaser as valid and that the person
  is over 21, and the defendant accessed the information and relied on
  the results in good faith; or
               (2)  if the defendant is the owner of a store in which
  alcoholic beverages are sold at retail, the offense occurs in
  connection with a sale by an employee of the owner, and the owner
  had provided the employee with:
                     (A)  a transaction scan device in working
  condition; [and]
                     (B)  adequate training in the use of the
  transaction scan device; and
                     (C)  the defendant did not directly or indirectly
  encourage the employee to violate the law.
         (f)  The defense offered in Subsection (e) does not apply in
  actions to cancel, deny, or suspend the license or permit, except as
  provided by rules adopted by the commission under Section 5.31.
         (g)  In this section, "transaction scan device" includes an
  electronic age verification system authorized by commission rule
  operated in conjunction with a point of sale terminal that scans the
  purchaser's driver's license or identification certificate upon
  enrollment, associates the purchaser's personal identifying
  information, as defined by Section 521.002(1)(C), Business &
  Commerce Code, with the purchaser's license or identification
  certificate information, and is capable of allowing a seller to
  verify a purchaser's age solely by accessing the data and
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 1828 passed the Senate on
  April 19, 2007, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 21, 2007, by the
  following vote: Yeas 30, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 1828 passed the House, with
  amendments, on May 16, 2007, by the following vote: Yeas 144,
  Nays 0, two present not voting.
  Chief Clerk of the House