Relating to requiring the use of electronically readable information to verify a purchaser's age in the retail sale of alcoholic beverages.
SB 650, known as the Deshawn Jagwan Act, requires sellers of alcoholic beverages in certain off-premises retail sales to visually inspect and electronically scan a purchaser’s driver’s license, commercial driver’s license, or identification certificate to verify age. If a license cannot be scanned, the bill allows manual entry of the information into an electronic reader. The requirement applies to retail sales on permitted or licensed premises for off-premises consumption, but it excludes several settings, including restaurants and certain on-premises alcohol sales, temporary event sales at public entertainment facilities, some direct wine delivery transactions, and certain outdoor pickup sales of sealed containers.
The bill also creates protections for permit and license holders. The Texas Alcoholic Beverage Commission may not discipline a seller who could not access the electronic information because of internet or data connectivity disruptions, so long as the seller visually inspected the ID. It also bars discipline for a sale to a minor if the seller complied with the scan requirement and the transaction device indicated the ID was valid and the purchaser was at least 21. In addition, the bill provides a defense to prosecution for failure to scan when connectivity problems prevented access or when the purchaser was 40 or older, and it prohibits retaining the accessed information. The commission must adopt implementing rules by September 1, 2027, and the act takes effect September 1, 2025.
SB 650 amends Section 109.61 of the Texas Alcoholic Beverage Code to add a new electronic age-verification mandate for specified alcohol retail sales and to create related enforcement limits, defenses, and exceptions. It affects permit and license holders regulated by the Texas Alcoholic Beverage Commission, while carving out restaurants, certain event venues, delivery operations, and some pickup transactions. The bill also changes the offense and disciplinary framework by making violations a Class A misdemeanor, limiting retention of scanned data, and restricting commission enforcement in cases involving connectivity failures or compliant scans.
The bill appears to have had generally favorable legislative support, passing the Senate unanimously on final passage and clearing the House with a majority despite notable opposition. The conference committee report also passed both chambers, though the House vote remained relatively divided. Overall, the voting pattern suggests broad support for the policy goal of strengthening age verification, tempered by concerns about implementation and enforcement.
The main points of contention appear to be the burden of requiring electronic scans in retail alcohol sales and the practical reliability of the system. Opponents likely focused on the added compliance costs, the need for internet or data connectivity, and the risk of penalizing sellers when technology fails. Supporters appear to have emphasized stronger age verification and liability protections for sellers who use the required scan process. The bill’s exceptions for restaurants, event sales, delivery, and certain pickup transactions also suggest negotiation over where the mandate should and should not apply.