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A BILL TO BE ENTITLED
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AN ACT
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relating to the presence of minors in certain alcoholic beverage |
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establishments; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 106, Alcoholic Beverage Code, is amended |
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by adding Section 106.042 to read as follows: |
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Sec. 106.042. PRESENCE OF MINOR ON CERTAIN PREMISES. (a) A |
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minor commits an offense if the minor enters and remains on a |
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premises covered by a late hours license or permit. An offense |
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under this subsection is punishable as provided by Section 106.071. |
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(b) It is an affirmative defense to prosecution under |
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Subsection (a) that: |
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(1) the minor is: |
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(A) lawfully employed by the license or permit |
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holder or otherwise engaged in the minor's lawful employment on the |
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premises; or |
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(B) accompanied by the minor's adult parent, |
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guardian, or spouse or is otherwise under adult supervision; or |
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(2) the premises is covered by a food and beverage |
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certificate and the minor does not enter and remain in the bar area |
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of the premises. |
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(c) A license or permit holder that allows a minor to enter |
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and remain on the licensed or permitted premises in violation of |
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this section commits an offense. An offense under this subsection |
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is a Class A misdemeanor. |
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SECTION 2. Section 106.071(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) This section applies to an offense under Section 106.02, |
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106.025, 106.04, 106.042(a), 106.05, or 106.07. |
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SECTION 3. Section 106.13(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) Except as provided in Subsections (b) and (c) of this |
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section, the commission or administrator may cancel or suspend for |
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not more than 90 days a retail license or permit or a private club |
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registration permit if it is found, on notice and hearing, that the |
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licensee or permittee with criminal negligence: |
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(1) sold, served, dispensed, or delivered an alcoholic |
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beverage to a minor on the licensed or permitted premises; |
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(2) [or with criminal negligence] permitted a minor to |
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violate Section 106.04 or 106.05 [of this code] on the licensed or |
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permitted premises; or |
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(3) allowed a minor to enter and remain on the licensed |
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or permitted premises in violation of Section 106.042. |
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SECTION 4. This Act takes effect September 1, 2011. |