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89(R) SB 650 - Enrolled version - Bill Text
S.B. No. 650
AN ACT
relating to requiring the use of electronically readable
information to verify a purchaser's age in the retail sale of
alcoholic beverages.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Deshawn Jagwan
Act.
SECTION 2. Section 109.61, Alcoholic Beverage Code, is
amended by adding Subsections (a-1), (a-2), (a-3), (a-4), and (d-1)
and amending Subsections (b) and (d) to read as follows:
(a-1)
A person shall visually inspect and access
electronically readable information on a driver's license,
commercial driver's license, or identification certificate for the
purpose of verifying a purchaser's age in any retail sale of an
alcoholic beverage on a permitted or licensed premises for
off-premises consumption.
A person required to access
electronically readable information under this subsection may
manually enter into an electronic reader the information on the
driver's license, commercial driver's license, or identification
certificate if the license or certificate cannot be electronically
scanned.
This subsection does not apply to:
(1)
the retail sale of an alcoholic beverage on the
premises of:
(A) the holder of:
(i) a distiller's and rectifier's permit;
(ii) a winery permit;
(iii) a brewer's license;
(iv) a brewpub license; or
(v) a mixed beverage permit;
(B)
the holder of a food and beverage certificate
operating a restaurant on the premises; or
(C) a restaurant;
(2)
the retail sale of an alcoholic beverage at a
public entertainment facility property, as defined by Section
108.73, during a sporting event, concert, festival, or other
similar temporary event at the facility by a permit or license
holder authorized to sell alcoholic beverages during the event;
(3)
the holder of a carrier permit delivering wine to
an ultimate consumer on behalf of the holder of an out-of-state
winery direct shipper's permit;
(4)
the holder of or an individual contracted with or
employed by the holder of a wine only package store permit, local
cartage permit, or consumer delivery permit delivering alcoholic
beverages to an ultimate consumer as provided by Chapter 24, 43, or
57, as applicable; or
(5)
the retail sale of an alcoholic beverage in an
original container sealed by the manufacturer where a person picks
up the alcoholic beverage at an outdoor area on the retailer's
premises and removes the alcoholic beverage from the premises for
consumption by an ultimate consumer off the premises.
(a-2)
The commission may not take any disciplinary action
against the holder of a permit or license issued under this code for
a violation of Subsection (a-1) if:
(1)
the permit or license holder's failure to access
the electronically readable information is a result of a disruption
of, interruption of, or inability to access Internet connectivity
services or data connectivity services; and
(2)
the permit or license holder visually inspected
the purchaser's driver's license, commercial driver's license, or
identification certificate to verify the purchaser's age.
(a-3)
The commission may not take any disciplinary action
against the holder of a permit or license to whom Subsection (a-1)
applies for selling an alcoholic beverage to a minor if:
(1)
the permit or license holder electronically
accessed the electronically readable information on the
purchaser's driver's license, commercial driver's license, or
identification certificate in the manner required under Subsection
(a-1); and
(2)
the transaction scan device used to electronically
access the purchaser's electronically readable information
identified the license or certificate as valid and the purchaser as
21 years of age or older on the date of the purchase.
(a-4)
The commission shall not take any disciplinary action
against the holder of a permit or license issued under this code for
a violation of Subsection (a-1) for the retail sale of an alcoholic
beverage made before September 1, 2027. This subsection expires
September 1, 2028.
(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
].
(d)
Except as provided by Subsection (d-1), a
[
A
] person who
violates this section commits an offense. An offense under this
section is a Class A misdemeanor.
(d-1)
It is a defense to prosecution for failure to access
electronically readable information on a driver's license,
commercial driver's license, or identification certificate as
required by Subsection (a-1) that:
(1)
the person's failure to access the electronically
readable information as required by Subsection (a-1) was caused by
a disruption of, interruption of, or inability to access Internet
connectivity services or data connectivity services that prevented
the person from accessing the information; or
(2)
the purchaser was 40 years of age or older on the
date of the purchase.
SECTION 3. Not later than September 1, 2027, the Texas
Alcoholic Beverage Commission shall adopt rules to implement
Section 109.61(a-1), Alcoholic Beverage Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 650 passed the Senate on
March 26, 2025, by the following vote: Yeas 31, Nays 0;
May 29, 2025, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 30, 2025, House
granted request of the Senate; June 1, 2025, Senate adopted
Conference Committee Report by the following vote: Yeas 28,
Nays 3.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 650 passed the House, with
amendments, on May 22, 2025, by the following vote: Yeas 97,
Nays 46, two present not voting; May 30, 2025, House granted
request of the Senate for appointment of Conference Committee;
June 1, 2025, House adopted Conference Committee Report by the
following vote: Yeas 82, Nays 57, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor