89R29755 SCF-D     By: West, et al. S.B. No. 650     (Bowers)     Substitute the following for S.B. No. 650:  No.       A BILL TO BE ENTITLED   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 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 package store permit;                            (ii)  a distiller's and rectifier's permit;                            (iii)  a winery permit;                            (iv)  a brewer's license;                            (v)  a brewpub license; or                            (vi)  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.