Shown verbatim: the complete text as captured from the official page posted by the Texas Legislature, fetched 2026-08-29. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the enrolled version. The official bill page.
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
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