By Wilson                                             H.B. No. 1445
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the continuation of the Texas Alcoholic Beverage
    1-3  Commission and to the regulation of alcoholic beverages; providing
    1-4  penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 1.04, Alcoholic Beverage Code, is amended
    1-7  by amending Subdivisions (3) and (7) and adding Subdivision (24) to
    1-8  read as follows:
    1-9              (3)  "Distilled spirits" means alcohol, spirits of
   1-10  wine, whiskey, rum, brandy, gin, or any liquor produced in whole or
   1-11  in part by the process of distillation, including all dilutions or
   1-12  mixtures of them, and includes spirit coolers that may have an
   1-13  alcoholic content as low as four percent alcohol by volume and that
   1-14  contain plain, sparkling, or carbonated water and may also contain
   1-15  one or more natural or artificial blending or flavoring
   1-16  ingredients.
   1-17              (7)  "Wine and vinous liquor" means the product
   1-18  obtained from the alcoholic fermentation of juice of sound ripe
   1-19  grapes, fruits, berries, or honey, and includes wine coolers.
   1-20              (24)  "Wine cooler" means an alcoholic beverage
   1-21  consisting of vinous liquor plus plain, sparkling, or carbonated
   1-22  water and which may also contain one or more natural or artificial
   1-23  blending or flavoring ingredients.  A wine cooler may have an
   1-24  alcohol content as low as one-half of one percent by volume.
    2-1        SECTION 2.  Chapter 1, Alcoholic Beverage Code, is amended by
    2-2  adding Section 1.08 to read as follows:
    2-3        Sec. 1.08.  CRIMINAL NEGLIGENCE STANDARD FOR ADMINISTRATIVE
    2-4  ACTION.  For the purposes of administrative actions under this
    2-5  code, a person acts with criminal negligence if the person acts
    2-6  with a mental state that would constitute criminal negligence under
    2-7  Chapter 6, Penal Code, if the act were an offense.
    2-8        SECTION 3.  Section 5.01, Alcoholic Beverage Code, is amended
    2-9  by amending Subsection (b) and adding Subsection (c) to read as
   2-10  follows:
   2-11        (b)  The Texas Alcoholic Beverage Commission is subject to
   2-12  Chapter 325, Government Code (Texas Sunset Act).  Unless continued
   2-13  in existence as provided by that chapter, the commission is
   2-14  abolished and Subchapter A, Chapter 5, of this code expires
   2-15  September 1, 2005 <1993>.
   2-16        (c)  The Texas Alcoholic Beverage Commission is subject to
   2-17  the requirements of Article 13, State Purchasing and General
   2-18  Services Act (Article 601b, Vernon's Texas Civil Statutes).
   2-19        SECTION 4.  Section 5.02(a), Alcoholic Beverage Code, is
   2-20  amended to read as follows:
   2-21        (a)  The commission is composed of six <three> members, who
   2-22  are appointed by the governor with the advice and consent of the
   2-23  senate.
   2-24        SECTION 5.  Section 5.03, Alcoholic Beverage Code, is amended
   2-25  to read as follows:
   2-26        Sec. 5.03.  Terms of Office.  The members of the commission
   2-27  hold office for staggered terms of six years, with the terms <term>
    3-1  of one-third of the members <one member> expiring every two years.
    3-2  Each member holds office until his successor is appointed and has
    3-3  qualified.  A member may be appointed to succeed himself.
    3-4        SECTION 6.  Section 5.05, Alcoholic Beverage Code, is amended
    3-5  by amending Subsection (c) and by adding Subsections (d), (e), and
    3-6  (f) to read as follows:
    3-7        (c)  A person may not serve as a member of the commission or
    3-8  act as the general counsel to the commission if the person <who> is
    3-9  required to register as a lobbyist under Chapter 305, Government
   3-10  Code, because <by virtue> of the person's activities for
   3-11  compensation <in or> on behalf of a profession related to the
   3-12  operation of the commission <may not serve as a member of the
   3-13  commission or act as the general counsel to the commission>.
   3-14        (d)  An officer, employee, or paid consultant of a Texas
   3-15  trade association in the field of alcoholic beverage manufacture,
   3-16  distribution, service, or sales may not be a member or employee of
   3-17  the commission.
   3-18        (e)  A person who is the spouse of an officer, manager, or
   3-19  paid consultant of a Texas trade association in the field of
   3-20  alcoholic beverage manufacture, distribution, or sales may not be a
   3-21  member or employee of the commission.
   3-22        (f)  For the purposes of this section, a Texas trade
   3-23  association is a nonprofit, cooperative, and voluntarily joined
   3-24  association of business or professional competitors in this state
   3-25  designed to assist its members and its industry or profession in
   3-26  dealing with mutual business or professional problems and in
   3-27  promoting their common interest.
    4-1        SECTION 7.  Sections 5.10(b), (c), and (d), Alcoholic
    4-2  Beverage Code, are amended to read as follows:
    4-3        (b)  The <commission or> administrator or the administrator's
    4-4  designee shall <determine the duties of all employees and shall>
    4-5  develop an intra-agency career ladder program.  The program<, one
    4-6  part of which> shall require the intra-agency posting of all
    4-7  nonentry level positions concurrently with any public posting.  The
    4-8  <commission or> administrator<,> or the administrator's designee
    4-9  <of either,> shall develop a system of annual performance
   4-10  evaluations <based on measurable job tasks>.  All merit pay for
   4-11  commission employees must be based on the system established under
   4-12  this subsection.  The employees shall be compensated as provided by
   4-13  legislative appropriation.  The commission or administrator shall
   4-14  determine the duties of all employees of the commission.
   4-15        (c)  The <commission or> administrator<,> or the
   4-16  administrator's designee <of either,> shall prepare and maintain a
   4-17  written policy statement to assure implementation of a program of
   4-18  equal employment opportunity under which <whereby> all personnel
   4-19  transactions are made without regard to race, color, disability
   4-20  <handicap>, sex, religion, age, or national origin.  The policy
   4-21  statement must include:
   4-22              (1)  personnel policies, including policies relating to
   4-23  recruitment, evaluation, selection, appointment, training, and
   4-24  promotion of personnel that are in compliance with the Commission
   4-25  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes);
   4-26              (2)  a comprehensive <complete> analysis of the
   4-27  commission <agency's> work force that meets federal and state
    5-1  guidelines;
    5-2              (3)  procedures by which a determination can be made of
    5-3  significant underuse <underutilization,> in the commission <agency>
    5-4  work force<,> of all persons for whom <of which> federal or state
    5-5  guidelines encourage a more equitable balance; and
    5-6              (4)  reasonable methods to appropriately address those
    5-7  areas of significant underuse <underutilization, in the agency work
    5-8  force, of all persons of which federal or state guidelines
    5-9  encourage a more equitable balance>.
   5-10        (d)  A <The> policy statement prepared under Subsection (c)
   5-11  of this section must <shall be filed with the governor's office
   5-12  within 60 days of the effective date of the amendment of this
   5-13  section by the 69th Legislature, Regular Session, 1985,> cover an
   5-14  annual period, <and> be updated <at least> annually and reviewed by
   5-15  the Commission on Human Rights for compliance with Subsection
   5-16  (c)(1) of this section, and be filed with the governor's office.
   5-17  The governor's office shall deliver <develop and make> a biennial
   5-18  report to the legislature based on the information submitted under
   5-19  this subsection.  The report may be made separately or as a part of
   5-20  other biennial reports made to the legislature.
   5-21        SECTION 8.  Subchapter A, Chapter 5, Alcoholic Beverage Code,
   5-22  is amended by adding Sections 5.101, 5.102, and 5.103 to read as
   5-23  follows:
   5-24        Sec. 5.101.  HUMAN RESOURCES DIVISION.  (a)  A human
   5-25  resources division is established within the commission.
   5-26        (b)  The division is responsible for personnel, recruiting,
   5-27  hiring, and other human resource functions and shall provide
    6-1  recruiting and technical assistance to the divisions and regional
    6-2  offices of the commission.
    6-3        (c)  The division shall develop policies and procedures
    6-4  related to recruitment, hiring, and other human resource functions
    6-5  that are in compliance with state and federal law.
    6-6        Sec. 5.102.  RECRUITMENT.  For the purpose of providing
    6-7  adequate personnel for all job positions in the commission, the
    6-8  commission shall:
    6-9              (1)  open all positions compensated at or above the
   6-10  amount prescribed by the General Appropriations Act for step 1,
   6-11  salary group 21, of the position classification salary schedule to
   6-12  applicants both from within and outside the commission;
   6-13              (2)  develop a recruiting program that identifies
   6-14  underrepresentation with the commission and focuses on recruiting
   6-15  different ethnic, racial, or gender groups for job categories in
   6-16  which underrepresentation occurs; and
   6-17              (3)  require that all applicants be reviewed by the
   6-18  human resources division to ensure consideration of
   6-19  underrepresented ethnic, racial, or gender groups.
   6-20        Sec. 5.103.  ANNUAL REPORT.  The administrator shall report
   6-21  not later than February 1 of each year to the commission on the
   6-22  progress of the commission in the recruitment and hiring of
   6-23  personnel in compliance with the commission's recruitment and
   6-24  hiring policies.
   6-25        SECTION 9.  Subchapter A, Chapter 5, Alcoholic Beverage Code,
   6-26  is amended by adding Section 5.142 to read as follows:
   6-27        Sec. 5.142.  SPECIAL INSPECTORS OR REPRESENTATIVES.  (a)  The
    7-1  commission or administrator may appoint as a special inspector or
    7-2  representative an honorably retired commissioned inspector or
    7-3  representative.
    7-4        (b)  A special inspector or representative is subject to the
    7-5  orders of the commission and is subject to the orders of the
    7-6  governor for special duty to the same extent as other law
    7-7  enforcement officers.
    7-8        (c)  Before issuance of a commission to a special inspector
    7-9  or representative, the person shall enter into a good and
   7-10  sufficient bond executed by a surety company authorized to do
   7-11  business in the state in the amount of $2,500, approved by the
   7-12  commission, and indemnifying all persons against damages resulting
   7-13  from an unlawful act of the person as a special inspector or
   7-14  representative.
   7-15        (d)  A special inspector or representative is not entitled to
   7-16  compensation from the state for service as a special inspector or
   7-17  representative.
   7-18        (e)  A special inspector or representative commission expires
   7-19  January 1 of the first odd-numbered year after appointment.  The
   7-20  commission may revoke a special inspector or representative
   7-21  commission at any time for cause.
   7-22        SECTION 10.  Subchapter A, Chapter 5, Alcoholic Beverage
   7-23  Code, is amended by adding Section 5.143 to read as follows:
   7-24        Sec. 5.143.  SAFETY EQUIPMENT.  The commission shall provide
   7-25  a reasonable number of bullet-proof vests at each district office
   7-26  for commission employees who are engaged in law enforcement
   7-27  activities.
    8-1        SECTION 11.  Subchapter A, Chapter 5, Alcoholic Beverage
    8-2  Code, is amended by adding Section 5.19 to read as follows:
    8-3        Sec. 5.19.  CITIZEN'S ADVISORY COMMITTEE.  (a)  The
    8-4  commission may appoint a citizen's advisory committee consisting of
    8-5  nine members.  The committee members shall be appointed to
    8-6  represent a balance of interests, including representatives of:
    8-7              (1)  public groups interested in alcohol consumption
    8-8  issues;
    8-9              (2)  local communities;
   8-10              (3)  local law enforcement agencies; and
   8-11              (4)  the alcoholic beverage industry.
   8-12        (b)  A citizen's advisory committee member serves at the
   8-13  pleasure of the commission.  A member of the committee is not
   8-14  entitled to receive compensation for serving as a member.  A member
   8-15  is entitled to reimbursement for reasonable expenses incurred in
   8-16  performing duties as a member of the committee.
   8-17        (c)  The citizen's advisory committee shall:
   8-18              (1)  advise the commission on the needs and problems of
   8-19  communities relating to the sale and consumption of alcoholic
   8-20  beverages;
   8-21              (2)  comment on rules involving alcoholic beverages
   8-22  during their development and before their final adoption unless an
   8-23  emergency requires immediate action by the commission;
   8-24              (3)  report annually to the commission on the
   8-25  committee's activities; and
   8-26              (4)  perform other duties as determined by the
   8-27  commission.
    9-1        (d)  The citizen's advisory committee shall meet quarterly or
    9-2  as requested by the commission.
    9-3        (e)  The commission may adopt rules to govern the operations
    9-4  of the citizen's advisory committee.
    9-5        SECTION 12.  Subchapter A, Chapter 5, Alcoholic Beverage
    9-6  Code, is amended by adding Section 5.20 to read as follows:
    9-7        Sec. 5.20.  STANDARDS OF CONDUCT INFORMATION.  The commission
    9-8  shall provide to its members and employees, as often as necessary,
    9-9  information regarding their qualification for office or employment
   9-10  under this code and their responsibilities under applicable laws
   9-11  relating to standards of conduct for state officers or employees.
   9-12        SECTION 13.  Section 5.34, Alcoholic Beverage Code, is
   9-13  amended to read as follows:
   9-14        Sec. 5.34.  Delegation of Authority.  (a)  The commission may
   9-15  authorize its commissioned peace officers <agents>, servants, and
   9-16  employees to carry out, under its direction, the provisions of this
   9-17  code.
   9-18        (b)  The commission shall develop and implement policies that
   9-19  clearly define the respective responsibilities of the commission
   9-20  and the staff of the commission.
   9-21        SECTION 14.  Subchapter B, Chapter 5, Alcoholic Beverage
   9-22  Code, is amended by adding Section 5.371 to read as follows:
   9-23        Sec. 5.371.  PROCEEDS FROM CONTRABAND.  Property, money, and
   9-24  the proceeds from forfeited contraband provided to the commission
   9-25  by a federal agency or under state or federal law shall be
   9-26  deposited in the commission's account in the state treasury and may
   9-27  be appropriated only to the commission for law enforcement
   10-1  purposes.  Funds under this section that are not expended at the
   10-2  close of a fiscal year shall be reappropriated for the same purpose
   10-3  the following fiscal year.
   10-4        SECTION 15.  Section 5.43, Alcoholic Beverage Code, is
   10-5  amended to read as follows:
   10-6        Sec. 5.43.  Who May Hold Hearing; Rules of Evidence; Record.
   10-7  (a)  Except for a hearing held under Section 61.32 of this code, a
   10-8  hearing on the adoption of commission rules, or a hearing on an
   10-9  employment matter, the <The> commission designates the State Office
  10-10  of Administrative Hearings <or administrator may designate a member
  10-11  of the commission or other representative> to conduct and make a
  10-12  record of any hearing authorized by this code.  The commission or
  10-13  administrator may render a decision on the basis of the record or
  10-14  the proposal for decision if one is required under the
  10-15  Administrative Procedure and Texas Register Act (Article 6252-13a,
  10-16  Vernon's Texas Civil Statutes) as if the administrator or entire
  10-17  commission had conducted the hearing.  The commission may prescribe
  10-18  its rules of procedure for cases not heard by the State Office of
  10-19  Administrative Hearings.
  10-20        (b)  The record of any hearing authorized by this code must
  10-21  include all records of investigations conducted by the commission's
  10-22  inspectors.
  10-23        SECTION 16.  Section 5.50, Alcoholic Beverage Code, is
  10-24  amended to read as follows:
  10-25        Sec. 5.50.  Establishment of <Certain> Fees.  (a)  Except for
  10-26  a service or importing fee, the  <The> commission by rule shall set
  10-27  <may establish reasonable> fees for tasks and services performed by
   11-1  the commission or licenses or permits issued by the commission in
   11-2  carrying out the provisions of this code in amounts reasonable and
   11-3  necessary to defray the cost of administering<, including fees
   11-4  incidental to the issuance of licenses and permits under Title 3
   11-5  of> this code.  In setting the fee for permittees subject to the
   11-6  mixed beverage tax, the commission shall also recover the
   11-7  reasonable and necessary cost of the administration of the mixed
   11-8  beverage tax by the comptroller.
   11-9        (b)  <The commission may not increase or decrease a fee set
  11-10  by this code, but if a statute is enacted creating a certificate,
  11-11  permit, or license and there is no fee established, the commission
  11-12  by rule may set a fee.>
  11-13        <(c)>  Insofar as they relate to the levying and collection
  11-14  of a local fee, Sections 11.38 and 61.36 of this code <do not>
  11-15  apply to license or permit fees set by rule of the commission.
  11-16        (c) <(d)  A fee authorized by this section and set by rule of
  11-17  the  commission may not exceed $25.>  Revenues from fees collected
  11-18  by the commission under this section shall be deposited in the
  11-19  general revenue fund.
  11-20        SECTION 17.  Subchapter B, Chapter 5, Alcoholic Beverage
  11-21  Code, is amended by adding Section 5.52 to read as follows:
  11-22        Sec. 5.52.  PROGRAM ACCESSIBILITY PLAN.  The commission shall
  11-23  prepare and maintain a written plan that describes how a person who
  11-24  does not speak English or who has a physical, mental, or
  11-25  developmental disability may be provided reasonable access to the
  11-26  commission's programs.
  11-27        SECTION 18.  Subchapter B, Chapter 5, Alcoholic Beverage
   12-1  Code, is amended by adding Section 5.53 to read as follows:
   12-2        Sec. 5.53.  PUBLIC INTEREST INFORMATION.  (a)  The commission
   12-3  shall prepare information of public interest describing the
   12-4  functions of the commission and the commission's procedures by
   12-5  which complaints are filed with and resolved by the commission.
   12-6  The commission shall make the information available to the public
   12-7  and appropriate state agencies.
   12-8        (b)  The commission by rule shall establish methods by which
   12-9  consumers and service recipients are notified of the name, mailing
  12-10  address, and telephone number of the commission for the purpose of
  12-11  directing a complaint to the commission.  The commission may
  12-12  require that the notification be provided on a sign prominently
  12-13  displayed in the place of business of each individual or entity
  12-14  regulated under this code.
  12-15        SECTION 19.  Subchapter B, Chapter 5, Alcoholic Beverage
  12-16  Code, is amended by adding Section 5.54 to read as follows:
  12-17        Sec. 5.54.  RESOLUTION OF COMPLAINTS.  (a)  The commission
  12-18  shall keep an information file about each complaint filed with the
  12-19  commission that the commission has authority to resolve.
  12-20        (b)  If a written complaint is filed with the commission that
  12-21  the commission has authority to resolve, the commission, at least
  12-22  quarterly and until final disposition of the complaint, shall
  12-23  notify the parties to the complaint of the status of the complaint
  12-24  unless the notice would jeopardize an undercover investigation.
  12-25        SECTION 20.  Section 6.01(b), Alcoholic Beverage Code, is
  12-26  amended to read as follows:
  12-27        (b)  A license or permit issued under this code is a purely
   13-1  personal privilege and is subject to revocation or suspension if
   13-2  the holder is found to have violated a provision of this code or a
   13-3  rule of the commission.
   13-4        SECTION 21.  Section 6.02(b), Alcoholic Beverage Code, is
   13-5  amended to read as follows:
   13-6        (b)  The fee for an application for a change in expiration
   13-7  date is set by the commission <$25 per license or permit affected>.
   13-8        SECTION 22.  Chapter 6, Alcoholic Beverage Code, is amended
   13-9  by adding Sections 6.03 and 6.04 to read as follows:
  13-10        Sec. 6.03.  CITIZENSHIP REQUIREMENTS.  (a)  It is the public
  13-11  policy of this state and a purpose of this section to require that,
  13-12  except as provided in Subsection (b) of this section or otherwise
  13-13  in this code, a permit or license may not be issued to a person who
  13-14  was not a citizen of this state for the three-year period preceding
  13-15  the date of the filing of the person's application for a license or
  13-16  permit.  In that regard, the legislature makes the findings in
  13-17  Subsections (b) through (j) of this section.
  13-18        (b)  Between 1920 and 1933, the distribution and consumption
  13-19  of alcoholic beverages was prohibited in the United States.  While
  13-20  the idealistic motives behind Prohibition were noble, a law
  13-21  enforcement nightmare ensued.  Otherwise law-abiding citizens
  13-22  routinely violated the law by buying and consuming alcoholic
  13-23  beverages.  The demand for the illegal products created an
  13-24  opportunity for criminal elements to develop a national network for
  13-25  the supply and distribution of alcoholic beverages to the populace.
  13-26  Massive criminal empires were built on illicit profits from these
  13-27  unlawful activities and organized crime openly flourished in
   14-1  Chicago, New York, New Orleans, and other cities.
   14-2        (c)  During Prohibition, the illegal enterprises used their
   14-3  national wholesale distribution networks to exert control over
   14-4  their customers.  A common operating procedure was to sell
   14-5  alcoholic beverages to a speakeasy on liberal terms to ensnarl the
   14-6  owner in a web of debt and control with the aim of forcing the
   14-7  owner to engage in other illegal business enterprises on the
   14-8  premises including gambling, prostitution, and the distribution of
   14-9  illegal drugs.
  14-10        (d)  In 1935, when the sale of alcoholic beverages was
  14-11  legalized in this state following the adoption of the Twenty-first
  14-12  Amendment to the United States Constitution, the state was faced
  14-13  with building an entire framework for the distribution of alcoholic
  14-14  beverage products.  An important concern was that since criminals
  14-15  owned and controlled the existing illegal alcoholic beverage
  14-16  distribution system, criminals would attempt to own and control the
  14-17  newly legalized industry.  In an effort to prevent this situation,
  14-18  comprehensive laws were adopted to ensure that an alcoholic
  14-19  beverage permit or license could be issued only to citizens of the
  14-20  state who had lived in this state for at least three years, thus,
  14-21  long enough to be known by their community and neighbors.
  14-22        (e)  Under the newly designed regulatory scheme, permits and
  14-23  licenses issued by the state did not grant the holder a right.
  14-24  Rather, the holder was granted a privilege that could be challenged
  14-25  at both the county and the state level if the character or
  14-26  qualifications of the applicant were suspect.  Finally, strict cash
  14-27  and credit laws were adopted to prevent parties in the wholesale
   15-1  distribution system from controlling their retail customers through
   15-2  the leveraging of debt to accomplish other illicit gain.
   15-3        (f)  The alcoholic beverage laws adopted by the legislature
   15-4  in the 1930s to free the industry from the influence of organized
   15-5  crime have been successful in this state.  The alcoholic beverage
   15-6  industry in this state is not dominated by organized crime.
   15-7  However, the legislature does find that organized crime continues
   15-8  to be a threat that should never be allowed to establish itself in
   15-9  the alcoholic beverage industry in this state.
  15-10        (g)  To accommodate the interests of the consuming public,
  15-11  the expansion of popular nationwide businesses and the increasing
  15-12  state interest in tourism, and at the same time to guard against
  15-13  the threats of organized crime, unfair competition, and decreased
  15-14  opportunities for small businesses, the legislature finds that
  15-15  there is no longer need for the three-year residency requirements
  15-16  with regard to those segments of the industry that sell alcoholic
  15-17  beverages to the ultimate consumer only.  But the legislature also
  15-18  finds it reasonable, desirable, and in the best interests of the
  15-19  state to retain the three-year residency requirements for
  15-20  businesses engaged in the wholesale distribution of beer, malt
  15-21  liquor, or wine or in the manufacture and distribution of distilled
  15-22  spirits and fortified wines at both the wholesale and the retail
  15-23  levels where those beverages, in unopened containers, are sold to
  15-24  mixed beverage permittees and private club registration permittees
  15-25  as well as to the general public.  Adequate protection is deemed to
  15-26  be provided by controlling those sources of supply for distilled
  15-27  spirits and fortified wines.
   16-1        (h)  It is also the public policy of this state and a purpose
   16-2  of this section to enforce strict cash and credit laws as a means
   16-3  of preventing those engaged in the distribution of alcoholic
   16-4  beverages from exerting undue influence over any level of the
   16-5  industry selling or serving alcoholic beverages to the ultimate
   16-6  consumer.
   16-7        (i)  It is also the public policy of this state and a purpose
   16-8  of this section to maintain and enforce the three-tier system
   16-9  (strict separation between the manufacturing, wholesaling, and
  16-10  retailing levels of the industry) and thereby to prevent the
  16-11  creation or maintenance of a "tied house" as described and
  16-12  prohibited in Section 102.01 of this code.
  16-13        (j)  The above-stated public policies, purposes of this
  16-14  section, and legislative findings are provided as guidelines for
  16-15  the construction of the following subsections of this section.
  16-16        (k)  A requirement under this code that 51 percent or more of
  16-17  the stock of a corporation be owned by a person or persons who were
  16-18  citizens of this state for the three-year period preceding the date
  16-19  of the filing of an application for a license or permit does not
  16-20  apply to a corporation organized under the laws of this state that
  16-21  applies for a license or permit under Chapters 25-34, Chapter 44,
  16-22  Chapters 48-51, or Chapters 69-72 of this code if:
  16-23              (1)  all of the officers and a majority of directors of
  16-24  the applicant corporation have resided within the state for the
  16-25  three-year period preceding the date of the application and each
  16-26  officer or director possesses the qualifications required of other
  16-27  applicants for permits and licenses;
   17-1              (2)  the applicant corporation and the applicant's
   17-2  shareholders have no direct or indirect ownership or other
   17-3  prohibited relationship with others engaged in the alcoholic
   17-4  beverage industry at different levels as provided by Chapter 102 of
   17-5  this code;
   17-6              (3)  the applicant corporation is not precluded by law,
   17-7  rule, charter, or corporate bylaw from disclosing the applicant's
   17-8  shareholders to the commission; and
   17-9              (4)  the applicant corporation maintains its books and
  17-10  records relating to its alcoholic beverage operations in the state
  17-11  at its registered office or at a location in the state approved in
  17-12  writing by the commission.
  17-13        (l)  Corporations subject to Subsection (k) of this section
  17-14  that have substantially similar ownership may merge or consolidate.
  17-15  A fee of $100 shall be paid to the commission for each licensed or
  17-16  permitted premises that is merged or consolidated into the
  17-17  surviving corporation.  The surviving corporation succeeds to all
  17-18  privileges of the prior corporation that held the permits or
  17-19  licenses if the surviving corporation is qualified to hold the
  17-20  permits or licenses under this code.  For the purposes of this
  17-21  subsection, corporations have substantially similar ownership if 90
  17-22  percent or more of the corporations is owned by the same person or
  17-23  persons or by the same corporation or corporations or if the
  17-24  surviving corporation has maintained an ownership interest in the
  17-25  merged or consolidated corporations since the date the original
  17-26  permit or license was issued.
  17-27        Sec. 6.04.  GRACE PERIOD ON RENEWAL OF LICENSES AND PERMITS.
   18-1  (a)  Notwithstanding any other provision of this code, the holder
   18-2  of a license or permit issued under this code may renew the license
   18-3  or permit rather than reapply for an original license or permit if,
   18-4  not later than the 10th day after the date of the expiration of the
   18-5  license or permit, the holder files a renewal application with the
   18-6  commission and pays a renewal fee of $100 and the license or permit
   18-7  fee that is due.
   18-8        (b)  If an application is filed under Subsection (a) of this
   18-9  section, a violation of the law that occurs before the filing of a
  18-10  renewal application may be the basis for an administrative action
  18-11  against the holder of the license or permit.
  18-12        (c)  The commission shall adopt rules necessary to implement
  18-13  this section.
  18-14        SECTION 23.  Chapter 6, Alcoholic Beverage Code, is amended
  18-15  by adding Section 6.05 to read as follows:
  18-16        Sec. 6.05.  CORPORATE LIABILITY.  A corporation with an
  18-17  ownership interest in a corporation holding a permit under Section
  18-18  6.03(k) of this code is subject to liability under Chapter 2 of
  18-19  this code.
  18-20        SECTION 24.  Subchapter A, Chapter 11, Alcoholic Beverage
  18-21  Code, is amended by adding Section 11.015 to read as follows:
  18-22        Sec. 11.015.  HEARING LOCATION.  Notwithstanding any other
  18-23  provision of this code, a hearing related to the issuance, renewal,
  18-24  cancellation, or suspension of a permit under this subtitle may be
  18-25  conducted only at:
  18-26              (1)  the commission's branch office in the county in
  18-27  which the premises is located; or
   19-1              (2)  if no branch office is located in the county, the
   19-2  county courthouse of the county in which the premises is located.
   19-3        SECTION 25.  Subchapter A, Chapter 11, Alcoholic Beverage
   19-4  Code, is amended by adding Section 11.11 to read as follows:
   19-5        Sec. 11.11.  CONDUCT SURETY BOND.  (a)  Except as provided in
   19-6  Subsection (e) of this section, an applicant for a permit or a
   19-7  holder of a permit issued under Chapter 25, 28, or 32 of this code
   19-8  shall file with the commission a surety bond in the amount of
   19-9  $5,000 conditioned on the applicant's or holder's conformance with
  19-10  alcoholic beverage law.
  19-11        (b)  A surety bond required under this section shall contain
  19-12  the following statements on the face of the bond:
  19-13              (1)  that the holder of the permit will not violate a
  19-14  law of the state relating to alcoholic beverages or a rule of the
  19-15  commission; and
  19-16              (2)  that the holder of the permit agrees that the
  19-17  amount of the bond shall be paid to the state if the permit is
  19-18  revoked.
  19-19        (c)  The commission shall adopt rules relating to the:
  19-20              (1)  form of the surety bond;
  19-21              (2)  qualifications for a surety;
  19-22              (3)  method for filing and obtaining approval of the
  19-23  bond by the commission; and
  19-24              (4)  release or discharge of the bond.
  19-25        (d)  A holder of a permit required to file a surety bond may
  19-26  furnish instead of all or part of the required bond amount:
  19-27              (1)  one or more certificates of deposit assigned to
   20-1  the state issued by a federally insured bank or savings institution
   20-2  authorized to do business in this state; or
   20-3              (2)  one or more letters of credit issued by a
   20-4  federally insured bank or savings institution authorized to do
   20-5  business in this state.
   20-6        (e)  A holder of a permit issued under this code who has held
   20-7  a permit for three years or more before the date the holder applied
   20-8  for renewal of the permit is not required to furnish a surety bond
   20-9  if the holder:
  20-10              (1)  has not had a license or permit issued under this
  20-11  code revoked in the five years before the date the holder applied
  20-12  for renewal of the permit;
  20-13              (2)  is not the subject of a pending permit or license
  20-14  revocation proceeding; and
  20-15              (3)  has continuously operated on the permitted
  20-16  premises for three years or more before the date the holder applied
  20-17  for renewal of the permit.
  20-18        (f)  If a holder of a permit is exempt from furnishing a
  20-19  conduct surety bond under Subsection (e) of this section, the
  20-20  holder shall be exempt from furnishing the bond at another location
  20-21  where the holder applies for or holds a permit.
  20-22        (g)  This section applies only in a county having a
  20-23  population of 2.4 million or more.
  20-24        SECTION 26.  Section 11.34(b), Alcoholic Beverage Code, is
  20-25  amended to read as follows:
  20-26        (b)  An applicant who files a consolidated application must
  20-27  pay the fee set by the commission <prescribed in this code> for
   21-1  each permit included in the application.
   21-2        SECTION 27.  Section 11.43, Alcoholic Beverage Code, is
   21-3  amended to read as follows:
   21-4        Sec. 11.43.  Discretion to Grant or Refuse Permit.  (a)  The
   21-5  commission and administrator have discretionary authority to grant
   21-6  or refuse to issue an original or renewal permit under the
   21-7  provisions of this subchapter or any other applicable provision of
   21-8  this code.
   21-9        (b)  Notwithstanding any other provision of this code that
  21-10  authorizes the commission or administrator to refuse to issue a
  21-11  permit without a hearing, the commission or administrator shall
  21-12  hold a hearing before granting or refusing to issue an original or
  21-13  renewal mixed beverage permit, private club registration permit,
  21-14  wine and beer retailer's permit, or retail dealer's on-premise
  21-15  license if a sexually oriented business is to be operated on the
  21-16  premise to be covered by the permit.
  21-17        (c)  A request for a hearing made under Subsection (b) of
  21-18  this section must include an allegation of grounds on which the
  21-19  original or renewal application, as applicable, should be denied.
  21-20        SECTION 28.  Sections 11.46(a) and (c), Alcoholic Beverage
  21-21  Code, are amended to read as follows:
  21-22        (a)  The commission or administrator may refuse to issue an
  21-23  original or renewal permit with or without a hearing if it has
  21-24  reasonable grounds to believe and finds that any of the following
  21-25  circumstances exists:
  21-26              (1)  the applicant has been convicted in a court of
  21-27  competent jurisdiction of the violation of any provision of this
   22-1  code during the two years immediately preceding the filing of his
   22-2  application;
   22-3              (2)  three years have not elapsed since the
   22-4  termination, by pardon or otherwise, of a sentence imposed on the
   22-5  applicant for the conviction of a felony;
   22-6              (3)  within the six-month period immediately preceding
   22-7  his application the applicant violated or caused to be violated a
   22-8  provision of this code or a rule or regulation of the commission
   22-9  which involves moral turpitude, as distinguished from a technical
  22-10  violation of this code or of the rule;
  22-11              (4)  the applicant failed to answer or falsely or
  22-12  incorrectly answered a question in an original or renewal
  22-13  application;
  22-14              (5)  the applicant is indebted to the state for any
  22-15  taxes, fees, or payment of penalty imposed by this code or by rule
  22-16  of the commission;
  22-17              (6)  the applicant is not of good moral character or
  22-18  his reputation for being a peaceable, law-abiding citizen in the
  22-19  community where he resides is bad;
  22-20              (7)  the applicant is a minor;
  22-21              (8)  the place or manner in which the applicant may
  22-22  conduct his business warrants the refusal of a permit based on the
  22-23  general welfare, health, peace, morals, and safety of the people
  22-24  and on the public sense of decency;
  22-25              (9)  the applicant is in the habit of using alcoholic
  22-26  beverages to excess or is physically or mentally incapacitated;
  22-27              (10)  the applicant will sell liquor unlawfully in a
   23-1  dry area or in a manner contrary to law or will knowingly permit an
   23-2  agent, servant, or employee to do so;
   23-3              (11)  the applicant is not a United States citizen or
   23-4  has not been a citizen of Texas for a period of one year <three
   23-5  years> immediately preceding the filing of his application, unless
   23-6  he was issued a permit or renewal permit on or before September 1,
   23-7  1948, and has at some time been a United States citizen;
   23-8              (12)  the applicant does not provide <have> an adequate
   23-9  building available at the address for which the permit is sought
  23-10  before conducting any activity authorized by the permit;
  23-11              (13)  the applicant is residentially domiciled with a
  23-12  person whose permit or license has been cancelled for cause within
  23-13  the 12 months immediately preceding the date of his present
  23-14  application;
  23-15              (14)  the applicant has failed or refused to furnish a
  23-16  true copy of his application to the commission's district office in
  23-17  the district in which the premises for which the permit is sought
  23-18  are located; or
  23-19              (15)  during the six months immediately preceding the
  23-20  filing of the application the premises for which the permit is
  23-21  sought have been operated, used, or frequented for a purpose or in
  23-22  a manner that is lewd, immoral, or offensive to public decency.
  23-23        (c)  The commission or administrator shall refuse to issue
  23-24  for a period of one year after cancellation a mixed beverage permit
  23-25  or private club registration permit for a premises where a license
  23-26  or permit has <two or more licenses and permits have> been canceled
  23-27  during the preceding 12 months as a result of a shooting, stabbing,
   24-1  or other violent act, or as a result of an offense involving drugs.
   24-2        SECTION 29.  Subchapter B, Chapter 11, Alcoholic Beverage
   24-3  Code, is amended by adding Section 11.495 to read as follows:
   24-4        Sec. 11.495.  CONFORMANCE OF PREMISES WITH THE AMERICANS WITH
   24-5  DISABILITIES ACT.  (a)  A permittee or licensee shall certify that
   24-6  any area to be designated as the premises where alcoholic beverages
   24-7  may be sold or served has been reviewed for compliance with Title
   24-8  III of the Americans with Disabilities Act of 1990.
   24-9        (b)  Any permittee or licensee designating a premise for
  24-10  which this certification cannot be made shall be provided with
  24-11  information on compliance with the Americans with Disabilities Act
  24-12  by the commission.  The commission shall utilize materials produced
  24-13  by the United States Department of Justice, United States
  24-14  Department of Justice grantees, grantees of other federal agencies
  24-15  such as the National Institute on Disability and Rehabilitation
  24-16  Research, any agency of the State of Texas, trade associations of
  24-17  permittees or licensees, and other sources of a similar nature.
  24-18        SECTION 30.  Subchapter B, Chapter 11, Alcoholic Beverage
  24-19  Code, is amended by adding Section 11.52 to read as follows:
  24-20        Sec. 11.52.  RESTRICTIONS ON LOCATION IN CERTAIN
  24-21  MUNICIPALITIES.  (a)  A wine and beer retailer's permit or mixed
  24-22  beverage permit may not be issued or renewed for premises located
  24-23  in a municipality with a population of 1,500,000 or more if:
  24-24              (1)  any point on a property line of the premises is
  24-25  less than 300 feet from any point on a property line of a
  24-26  residence, church, school, hospital, day-care facility, or social
  24-27  service facility, as measured in a straight line; and
   25-1              (2)  75 percent or more of the gross receipts of the
   25-2  permittee, or of the anticipated gross receipts of the applicant,
   25-3  is from the sale, preparation, and service of alcoholic beverages
   25-4  and of nonalcoholic items taxed under Section 202.02 of this code.
   25-5        (b)  An applicant or permittee may apply for a variance from
   25-6  Subsection (a) of this section.  The commission or the county
   25-7  judge, as applicable, may grant the variance, if not later than the
   25-8  fifth day after the date of the application or the 30th day before
   25-9  the date on which the permit being renewed expires, as appropriate,
  25-10  the applicant or permittee notifies each owner or tenant of
  25-11  property protected under Subsection (a) of this section of:
  25-12              (1)  the date, time, and location of any hearing on the
  25-13  variance application;
  25-14              (2)  the street address and legal description of the
  25-15  premises;
  25-16              (3)  the type of permit for which the application is
  25-17  made or that is being renewed;
  25-18              (4)  any identifying number or other designation
  25-19  assigned to the application or permit by the commission or the
  25-20  county judge;
  25-21              (5)  the applicant's or permittee's trade name;
  25-22              (6)  the proposed date of opening of the applicant's
  25-23  business at the premises for which the application is made;
  25-24              (7)  the name and mailing address of the owner of the
  25-25  premises, the applicant or permittee, and any person employed by
  25-26  the applicant to perform any services related to the application
  25-27  process; and
   26-1              (8)  the right of the property owner or tenant to
   26-2  contest the issuance or renewal of the permit under this code.
   26-3        (c)  In addition to the notice requirements of this section,
   26-4  if more than 50 percent of the property owners or tenants entitled
   26-5  to notice under this section file objections under this section to
   26-6  the issuance or renewal of the permit, the commission or county
   26-7  judge, after giving notice to the applicant for the variance and
   26-8  the persons who filed an objection, shall hold a hearing on the
   26-9  issuance of the variance at which the following may be introduced:
  26-10              (1)  statements or testimony by the applicant and any
  26-11  person who filed an objection;
  26-12              (2)  testimony concerning the previous activities of
  26-13  the applicant for the variance under this code;
  26-14              (3)  testimony concerning the previous activities of
  26-15  any permit or license holder on the premises for which the variance
  26-16  is sought; and
  26-17              (4)  any other testimony the commission or county judge
  26-18  finds to be relevant.
  26-19        (d)  After the hearing under Subsection (c) of this section,
  26-20  the affirmative vote of two-thirds of the commission or a written
  26-21  opinion by the county judge stating the grounds for granting the
  26-22  variance is required.
  26-23        (e)  A property owner or tenant entitled to notice under
  26-24  Subsection (b) of this section who desires to file an objection to
  26-25  the issuance or renewal of the permit must file the objection with
  26-26  the commission or county judge, as applicable, not later than the
  26-27  35th day after the date the application is filed or, for a renewal,
   27-1  not later than the date on which the permit expires.
   27-2        (f)  The commission or the county judge, as applicable, may
   27-3  not grant an application to which this section applies or hold a
   27-4  hearing relating to that application before the expiration of the
   27-5  35th day after the date on which the application is filed with the
   27-6  commission or county judge.
   27-7        (g)  An applicant or permittee is not required to notify a
   27-8  property owner or tenant if, after a reasonable effort to locate
   27-9  the property owner or tenant, the applicant or permittee is unable
  27-10  to locate the property owner or tenant.
  27-11        (h)  An applicant or permittee shall file with the commission
  27-12  or county judge, as applicable, a list of the owners and tenants of
  27-13  the protected property.  Unless the commission or county judge
  27-14  finds that the list is incomplete or was not made in good faith,
  27-15  the commission or county judge shall determine from that list the
  27-16  percentage of owners and tenants that file objections.  The
  27-17  commission or county judge shall deny the application or renewal if
  27-18  the commission or county judge finds that the list is incomplete
  27-19  and was not made in good faith.
  27-20        (i)  A variance may not be granted to a holder of a permit if
  27-21  the premises is located in an area covered by an ordinance adopted
  27-22  under Section 109.33 of this code.
  27-23        (j)  The restrictions contained in Subsection (a) of this
  27-24  section do not apply to a premises operated by a:
  27-25              (1)  veteran's organization;
  27-26              (2)  charitable organization;
  27-27              (3)  fraternal organization; or
   28-1              (4)  religious organization.
   28-2        SECTION 31.  Section 11.61(b), Alcoholic Beverage Code, is
   28-3  amended to read as follows:
   28-4        (b)  The commission or administrator may suspend for not more
   28-5  than 60 days or cancel an original or renewal permit if it is
   28-6  found, after notice and hearing, that any of the following is true:
   28-7              (1)  the permittee has been finally convicted of a
   28-8  violation of this code;
   28-9              (2)  the permittee violated a provision of this code or
  28-10  a rule of the commission;
  28-11              (3)  the permittee was finally convicted of a felony
  28-12  while holding an original or renewal permit;
  28-13              (4)  the permittee made a false or misleading statement
  28-14  in connection with his original or renewal application, either in
  28-15  the formal application itself or in any other written instrument
  28-16  relating to the application submitted to the commission, its
  28-17  officers, or employees;
  28-18              (5)  the permittee is indebted to the state for taxes,
  28-19  fees, or payment of penalties imposed by this code or by a rule of
  28-20  the commission;
  28-21              (6)  the permittee is not of good moral character or
  28-22  his reputation for being a peaceable and law-abiding citizen in the
  28-23  community where he resides is bad;
  28-24              (7)  the place or manner in which the permittee
  28-25  conducts his business warrants the cancellation or suspension of
  28-26  the permit based on the general welfare, health, peace, morals, and
  28-27  safety of the people and on the public sense of decency;
   29-1              (8)  the permittee is not maintaining an acceptable
   29-2  bond;
   29-3              (9)  the permittee maintains a noisy, lewd, disorderly,
   29-4  or unsanitary establishment or has supplied impure or otherwise
   29-5  deleterious beverages;
   29-6              (10)  the permittee is insolvent or mentally or
   29-7  physically unable to carry on the management of his establishment;
   29-8              (11)  the permittee is in the habit of using alcoholic
   29-9  beverages to excess;
  29-10              (12)  the permittee knowingly misrepresented to a
  29-11  customer or the public any liquor sold by him;
  29-12              (13)  the permittee was intoxicated on the licensed
  29-13  premises;
  29-14              (14)  the permittee sold or delivered an alcoholic
  29-15  beverage to an intoxicated person;
  29-16              (15)  the permittee possessed on the licensed premises
  29-17  an alcoholic beverage that he was not authorized by his permit to
  29-18  purchase and sell;
  29-19              (16)  a package store or wine only package store
  29-20  permittee transported or shipped liquor, or caused it to be
  29-21  transported or shipped, into a dry state or a dry area within this
  29-22  state;
  29-23              (17)  the permittee is residentially domiciled with a
  29-24  person who has a financial interest in an establishment engaged in
  29-25  the business of selling beer at retail, other than a mixed beverage
  29-26  establishment, except as authorized by Section 22.06, 24.05, or
  29-27  102.05 of this code;
   30-1              (18)  the permittee is residentially domiciled with a
   30-2  person whose permit or license was cancelled for cause within the
   30-3  12-month period preceding his own application;
   30-4              (19)  the permittee is not a citizen of the United
   30-5  States or has not been a citizen of Texas for a period of one year
   30-6  <three years> immediately preceding the filing of his application,
   30-7  unless he was issued an original or renewal permit on or before
   30-8  September 1, 1948, and has been a United States citizen at some
   30-9  time; or
  30-10              (20)  the permittee permitted a person to open a
  30-11  container of alcoholic beverage or possess an open container of
  30-12  alcoholic beverage on the licensed premises unless a mixed beverage
  30-13  permit has been issued for the premises.
  30-14        SECTION 32.  Section 11.611, Alcoholic Beverage Code, is
  30-15  amended to read as follows:
  30-16        Sec. 11.611.  Conviction of Offense Relating to
  30-17  Discrimination.  The commission or administrator may suspend <for
  30-18  not more than 60 days> or cancel an original or renewal permit if
  30-19  it is found, after notice and hearing that:
  30-20              (1)  the permittee has been finally convicted of any
  30-21  offense under state or federal law or a municipal ordinance
  30-22  prohibiting the violation of an individual's civil rights or the
  30-23  discrimination against an individual on the basis of the
  30-24  individual's race, color, creed, or national origin; and
  30-25              (2)  the offense was committed on the licensed premises
  30-26  or in connection with the operation of the permittee's business.
  30-27        SECTION 33.  Section 11.64(a), Alcoholic Beverage Code, is
   31-1  amended to read as follows:
   31-2        (a)  When the commission or administrator is authorized to
   31-3  suspend a permit or license under this code, the commission or
   31-4  administrator shall give the permittee or licensee the opportunity
   31-5  to pay a civil penalty rather than have the permit or license
   31-6  suspended.  The commission or administrator shall determine the
   31-7  amount of the penalty and in doing so shall consider the economic
   31-8  impact a suspension would have on the permittee or licensee.  The
   31-9  amount of the civil penalty may not be less than $150 or more than
  31-10  $25,000 for each day the permit or license was to have been
  31-11  suspended.  If the licensee or permittee does not pay the penalty
  31-12  before the sixth day after the commission or administrator notifies
  31-13  him of the amount, he loses the opportunity to pay it and the
  31-14  commission or administrator shall impose the suspension.
  31-15        SECTION 34.  Chapter 12, Alcoholic Beverage Code, is amended
  31-16  by adding Section 12.05 to read as follows:
  31-17        Sec. 12.05.  SALES BY CERTAIN BREWERS.  The holder of a
  31-18  brewer's permit whose annual production of ale in this state does
  31-19  not exceed 75,000 barrels may sell ale produced under the permit to
  31-20  those persons to whom the holder of a general class B wholesaler's
  31-21  permit may sell malt liquor under Section 20.01(3) of this code.
  31-22  With regard to such a sale, the brewer has the same authority and
  31-23  is subject to the same requirements as apply to a sale made by the
  31-24  holder of a general class B wholesaler's permit.
  31-25        SECTION 35.  Section 16.01, Alcoholic Beverage Code, is
  31-26  amended to read as follows:
  31-27        Sec. 16.01.  Authorized Activities.  (a)  The holder of a
   32-1  winery permit may:
   32-2              (1)  manufacture, bottle, label, and package wine
   32-3  containing not more than 24 percent alcohol by volume;
   32-4              (2)  manufacture and import grape brandy for fortifying
   32-5  purposes only and to be used only on his licensed premises;
   32-6              (3)  sell wine in this state to holders of wholesaler's
   32-7  permits, winery permits, and wine bottler's permits;
   32-8              (4)  sell wine to ultimate consumers in unbroken
   32-9  packages for off-premises consumption <in an amount not to exceed
  32-10  25,000 gallons annually>;
  32-11              (5)  sell the wine outside this state to qualified
  32-12  persons;
  32-13              (6)  blend wines; and
  32-14              (7)  dispense free wine for consumption on the winery
  32-15  premises.
  32-16        (b)  The holder of a winery permit may manufacture and label
  32-17  wine for an adult in an amount not to exceed 50 gallons annually
  32-18  for the personal use of the adult.  Any amount of wine produced
  32-19  under this subsection is included in the annual total amount that
  32-20  may be sold by the holder under Subsection (a)(4) of this section.
  32-21  An adult for whom wine is manufactured and labeled under this
  32-22  subsection is not required to hold a license or permit issued under
  32-23  this code.
  32-24        (c)  The holder of a winery permit may conduct wine
  32-25  samplings,  including wine tastings at a retailer's premises.  A
  32-26  winery employee may open, touch, or pour wine, make a presentation,
  32-27  or answer questions at a wine sampling.  A wine sampling may not be
   33-1  held in a location where a wine sampling is otherwise prohibited by
   33-2  law.
   33-3        SECTION 36.  Sections 22.10 and 22.11, Alcoholic Beverage
   33-4  Code, are amended to read as follows:
   33-5        Sec. 22.10.  Opening Containers Prohibited.  Except as
   33-6  authorized under Section 52.01 of this code, no <No> person may
   33-7  break or open a container containing liquor or beer or possess an
   33-8  opened container of liquor or beer on the premises of a package
   33-9  store.
  33-10        Sec. 22.11.  Consumption on Premises Prohibited.  Except as
  33-11  authorized under Section 52.01, no <No> person may sell, barter,
  33-12  exchange, deliver, or give away any drink or drinks of alcoholic
  33-13  beverages from a container that has been opened or broken on the
  33-14  premises of a package store.
  33-15        SECTION 37.  Chapter 22, Alcoholic Beverage Code, is amended
  33-16  by adding Section 22.13 to read as follows:
  33-17        Sec. 22.13.  TEMPORARY PACKAGE STORE PERMIT.  (a)  On
  33-18  application for a package store permit or a wine and beer
  33-19  retailer's off-premises permit, application for a temporary package
  33-20  store permit, and payment of the required fees including a fee for
  33-21  the temporary permit as set by the commission, the commission may
  33-22  issue a temporary package store permit to a person who has entered
  33-23  into a contract to purchase a package store from a holder of a
  33-24  package store permit or a wine and beer retailer's off-premises
  33-25  permit.
  33-26        (b)  Unless revoked or canceled by the commission, a
  33-27  temporary package store permit is valid only during the period that
   34-1  the application for a package store permit is being considered by
   34-2  the commission ending on the day that the package store permit is
   34-3  issued or denied by the commission or by a county judge.
   34-4        (c)  The holder of a temporary package store permit has all
   34-5  of the rights, privileges, and duties of a holder of a package
   34-6  store permit.
   34-7        SECTION 38.  Section 25.01, Alcoholic Beverage Code, is
   34-8  amended to read as follows:
   34-9        Sec. 25.01.  Authorized Activities.  The holder of a wine and
  34-10  beer retailer's permit may sell:
  34-11              (1)  for consumption on or off the premises where sold,
  34-12  but not for resale, wine, beer, and malt liquors containing alcohol
  34-13  in excess of one-half of one percent by volume and not more than 14
  34-14  percent by volume; and
  34-15              (2)  for consumption on the premises traditional port
  34-16  or sherry containing alcohol in excess of one-half of one percent
  34-17  by volume and not more than 24 percent by volume.
  34-18        SECTION 39.  Sections 25.03(a) and (b), Alcoholic Beverage
  34-19  Code, are amended to read as follows:
  34-20        (a)  A wine and beer retailer's permit may be issued for
  34-21  railway dining, buffet, or club cars on the payment of a fee set by
  34-22  the commission <an annual state fee of $30 for each car>.
  34-23        (b)  A wine and beer retailer's permit may be issued for a
  34-24  regularly scheduled excursion boat which is licensed by the United
  34-25  States Coast Guard to carry passengers on the navigable waters of
  34-26  the state and which has a tonnage of not less than 35 tons, a
  34-27  length of not less than 55 feet, and a passenger capacity of not
   35-1  less than 45 passengers.  <The annual state fee for the permit is
   35-2  $130.>
   35-3        SECTION 40.  Section 27.04, Alcoholic Beverage Code, is
   35-4  amended to read as follows:
   35-5        Sec. 27.04.  Required Basic Permit.  A temporary wine and
   35-6  beer retailer's permit may be issued only to a holder of a wine and
   35-7  beer retailer's permit, a holder of a <or> mixed beverage permit,
   35-8  or a nonprofit historic preservation organization that has been in
   35-9  existence for at least 30 years.
  35-10        SECTION 41.  Chapter 27, Alcoholic Beverage Code, is amended
  35-11  by adding Subchapter B to read as follows:
  35-12         SUBCHAPTER B.  SPECIAL THREE-DAY WINE AND BEER PERMIT
  35-13        Sec. 27.11.  AUTHORIZED ACTIVITIES.  The holder of a special
  35-14  three-day wine and beer permit may sell for consumption on the
  35-15  premises for which the permit is issued, but not for resale, no
  35-16  more than 30 gallons of wine, and no more than 14 barrels of beer
  35-17  and malt liquors, containing alcohol in excess of one-half of one
  35-18  percent by volume but not more than 14 percent by volume.  In a
  35-19  county with a population of less than 200,000 the holder of a
  35-20  special three-day wine and beer permit may sell a quantity of wine,
  35-21  beer, and malt liquor in an amount set by the commission.  The
  35-22  commission may not set an amount less than the amount otherwise
  35-23  prescribed by this section.
  35-24        Sec. 27.12.  FEE.  The state fee for a special three-day wine
  35-25  and beer permit shall be set by the commission.
  35-26        Sec. 27.13.  ISSUANCE OF PERMIT.  (a)  The commission may
  35-27  issue a special three-day wine and beer permit directly to a
   36-1  nonprofit charitable, civic, or religious organization for the
   36-2  temporary serving of wine and beer at a picnic, celebration, or
   36-3  similar event sponsored by the organization.  No more than one
   36-4  permit may be issued for an event.
   36-5        (b)  A nonprofit charitable, civic, or religious organization
   36-6  may be issued no more than one special three-day wine and beer
   36-7  permit in a 12-month period.
   36-8        Sec. 27.14.  APPLICATION OF WINE AND BEER RETAILER PERMIT
   36-9  PROVISIONS.  A provision of this code that applies to a wine and
  36-10  beer retailer permit applies to a special three-day wine and beer
  36-11  permit unless the provision conflicts with a provision of this
  36-12  subchapter.
  36-13        Sec. 27.15.  RULES.  The commission may adopt rules as
  36-14  necessary to implement and administer this subchapter.
  36-15        SECTION 42A.  The title of Chapter 27, Alcoholic Beverage
  36-16  Code, is amended to read as follows:
  36-17           CHAPTER 27.  TEMPORARY AND SPECIAL WINE AND BEER
  36-18                      RETAILER'S PERMITS <PERMIT>
  36-19        SECTION 42B.  Sections 27.01-27.06, Alcoholic Beverage Code,
  36-20  are designated as Subchapter A, Chapter 27, of that code, as
  36-21  follows:
  36-22       SUBCHAPTER A.  TEMPORARY WINE AND BEER RETAILER'S PERMIT
  36-23        SECTION 42C.  Section 28.04(d), Alcoholic Beverage Code, is
  36-24  amended to read as follows:
  36-25        (d)  This section does not apply to a change in corporate
  36-26  control:
  36-27              (1)  brought about by the death of a shareholder if his
   37-1  surviving spouse or descendants are his successors in interest; or
   37-2              (2)  brought about when legal or beneficial ownership
   37-3  of over 50 percent of the stock of the corporation has been
   37-4  transferred:
   37-5                    (A)  to a person who possesses the qualifications
   37-6  required of other applicants for permits and is currently an
   37-7  officer of the corporation and has been an officer of the
   37-8  corporation ever since the date the original permit was issued; or
   37-9                    (B)  if the permittee pays a fee set by the
  37-10  commission <of $500> and notifies the commission, on completed
  37-11  forms and attachments prescribed by the commission, of the proposed
  37-12  transfer at least 10 days prior to the date the transfer is to
  37-13  become effective and the commission does not find that
  37-14  circumstances exist that would be grounds for the denial of a
  37-15  renewal of the permit under Section 11.46 of this code and provided
  37-16  the ownership of the corporation immediately after the transfer
  37-17  satisfies the requirements of this code.  <The commission may
  37-18  require the permittee to furnish a new bond as provided in Section
  37-19  204.01(a)(3), and where a new bond is required, the permittee shall
  37-20  not be eligible for a bond exemption under Section 204.01(f) until
  37-21  36 months after the date on which the transfer takes effect.>
  37-22        SECTION 43.  Section 28.14, Alcoholic Beverage Code, is
  37-23  amended to read as follows:
  37-24        Sec. 28.14.  Merger or Consolidation of Corporations Holding
  37-25  Mixed Beverage Permits.  When two or more corporations which have
  37-26  substantially similar ownership and which hold mixed beverage
  37-27  permits issued by the commission merge or consolidate and pay to
   38-1  the commission a <$100> fee set by the commission for each licensed
   38-2  premises, the surviving corporation shall succeed to all the
   38-3  privileges of such corporations in the permits held by such
   38-4  corporations provided the surviving corporation is qualified to
   38-5  hold such permits under this code.  For purposes of this section,
   38-6  two corporations have substantially similar ownership if 90 percent
   38-7  or more of both corporations is owned by the same persons.
   38-8        SECTION 44.  Chapter 28, Alcoholic Beverage Code, is amended
   38-9  by adding Sections 28.15, 28.16, and 28.17 to read as follows:
  38-10        Sec. 28.15.  STAMPS.  (a)  A mixed beverage permittee may not
  38-11  possess or permit a person to possess on the premises distilled
  38-12  spirits in any container that does not bear a serially numbered
  38-13  identification stamp issued by the commission or other
  38-14  identification approved by the commission.
  38-15        (b)  A holder of a local distributor's permit may not
  38-16  knowingly sell, ship, or deliver distilled spirits in any container
  38-17  that does not bear a serially numbered identification stamp issued
  38-18  by the commission or other identification approved by the
  38-19  commission.
  38-20        (c)  Identification stamps may be issued only to a holder of
  38-21  a local distributor's permit who shall affix the stamps as
  38-22  prescribed by the commission or administrator.
  38-23        Sec. 28.16.  PERMIT INELIGIBILITY.  A mixed beverage permit
  38-24  may not be issued to:
  38-25              (1)  a person whose permit was canceled for a violation
  38-26  of Section 28.06(c) of this code;
  38-27              (2)  a person who held an interest in a permit that was
   39-1  canceled for a violation of Section 28.06(c) of this code;
   39-2              (3)  a person who held 50 percent or more of the stock,
   39-3  directly or indirectly, of a corporation whose permit was canceled
   39-4  for a violation of Section 28.06(c) of this code;
   39-5              (4)  a corporation, if a person holding 50 percent or
   39-6  more of the corporation's stock, directly or indirectly, is
   39-7  disqualified from obtaining a permit under Subdivision (3) of this
   39-8  section; or
   39-9              (5)  a person who resides with a person who is barred
  39-10  from obtaining a permit because of a violation of Section 28.06(c)
  39-11  of this code.
  39-12        Sec. 28.17.  SUMMARY SUSPENSION.  (a)  The commission may
  39-13  summarily suspend, without a hearing, the permit of a permittee who
  39-14  fails to file a return or make a tax payment.  The Administrative
  39-15  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
  39-16  Civil Statutes) does not apply to the commission in the enforcement
  39-17  and administration of this section.
  39-18        (b)  A suspension under this section takes effect on the
  39-19  third day after the date the notice of suspension is provided.
  39-20  Notice of suspension shall be sent by registered or certified mail
  39-21  to the permittee or the permittee's agent, servant, or employee if
  39-22  not given in person.
  39-23        (c)  The commission shall terminate a suspension made under
  39-24  this section when the permittee files all required returns and
  39-25  makes all required tax payments, including payment of penalties
  39-26  that are due.
  39-27        SECTION 45.  Section 30.03(a), Alcoholic Beverage Code, is
   40-1  amended to read as follows:
   40-2        (a)  The commission may, in its discretion, issue on a
   40-3  temporary basis a daily temporary mixed beverage permit.  A daily
   40-4  temporary mixed beverage permit may be issued only to a holder of a
   40-5  mixed beverage permit for the temporary sale of authorized
   40-6  alcoholic beverages at picnics, celebrations, or similar events, or
   40-7  to a political party or political association supporting a
   40-8  candidate for public office or a proposed amendment to the Texas
   40-9  Constitution or other ballot measure, to an organization formed for
  40-10  a specific charitable or civic purpose, to a fraternal organization
  40-11  in existence for over five years with a regular membership, or to a
  40-12  religious organization.  The commission shall not issue more than
  40-13  10 <two> temporary mixed beverage permits in each calendar year to
  40-14  a person who does not also hold a mixed beverage permit.
  40-15        SECTION 46.  Section 32.02(b), Alcoholic Beverage Code, is
  40-16  amended to read as follows:
  40-17        (b)  The annual state fee shall be computed at the election
  40-18  of the permittee by using one of the following methods:
  40-19              (1)  A fee based on the highest number of members in
  40-20  good standing during the year for which the permit fee is paid
  40-21  according to the following rates:
  40-22                    0   to   250 - $  750
  40-23                    251 to   450 - $1,350
  40-24                    451 to   650 - $1,950
  40-25                    651 to   850 - $2,550
  40-26                    851 to 1,000 - $3,000
  40-27                    Over 1,000 - $3 per member <of $3 for each member
   41-1  entitled to privileges of the club during the permit year with a
   41-2  minimum fee of $750>; or
   41-3              (2)  A fee for an original private club registration
   41-4  permit of $3,500, with a fee for the first renewal of a private
   41-5  club registration permit of $2,750, and a fee for the second and
   41-6  each subsequent renewal of a private club registration permit of
   41-7  $2,000.
   41-8        SECTION 47.  Section 32.09(b), Alcoholic Beverage Code, is
   41-9  amended to read as follows:
  41-10        (b)  At the time of his admission the temporary member shall
  41-11  pay the club a fee set by the commission <of $3,> which shall
  41-12  represent the fee payable by the permittee to the state.  All fees
  41-13  and payments from temporary members shall be collected in cash or
  41-14  through credit cards approved by the commission or administrator.
  41-15        SECTION 48.  Section 32.17(a), Alcoholic Beverage Code, is
  41-16  amended to read as follows:
  41-17        (a)  The commission or administrator may cancel or suspend
  41-18  for a period of time not exceeding 60 days, after notice and
  41-19  hearing, an original or renewal private club registration permit on
  41-20  finding that the permittee club has:
  41-21              (1)  sold, offered for sale, purchased, or held title
  41-22  to any liquor so as to constitute an open saloon;
  41-23              (2)  refused to allow an authorized agent or
  41-24  representative of the commission or a peace officer to come on the
  41-25  club premises for the purposes of inspecting alcoholic beverages
  41-26  stored on the premises or investigating compliance with the
  41-27  provisions of this code;
   42-1              (3)  refused to furnish the commission or its agent or
   42-2  representative when requested any information pertaining to the
   42-3  storage, possession, serving, or consumption of alcoholic beverages
   42-4  on club premises;
   42-5              (4)  permitted or allowed any alcoholic beverages
   42-6  stored on club premises to be served or consumed at any place other
   42-7  than on the club premises;
   42-8              (5)  failed to maintain an adequate building at the
   42-9  address for which the private club registration permit was issued;
  42-10              (6)  caused, permitted, or allowed any member of a club
  42-11  in a dry area to store any liquor on club premises except under the
  42-12  locker system;
  42-13              (7)  caused, permitted, or allowed any person to
  42-14  consume or be served any alcoholic beverage on the club premises:
  42-15                    (A)  at any time on Sunday between the hours of
  42-16  1:15 a.m. and 10 a.m. <12 noon> or on any other day at any time
  42-17  between the hours of 12:15 a.m. and 7 a.m., if the club does not
  42-18  have a private club late hours permit, except that an alcoholic
  42-19  beverage served to a customer between 10 a.m. and 12 noon on Sunday
  42-20  must be provided during the service of food to the customer; or
  42-21                    (B)  at any time on Sunday between the hours of 2
  42-22  a.m. and 10 a.m.  <12 noon> or on any other day at any time between
  42-23  the hours of 2 a.m. and 7 a.m., if the club has a private club late
  42-24  hours permit, except that an alcoholic beverage served to a
  42-25  customer between 10 a.m. and 12 noon on Sunday must be provided
  42-26  during the service of food to the customer; or
  42-27              (8)  violated or assisted, aided or abetted the
   43-1  violation of any provision of this code.
   43-2        SECTION 49.  Chapter 32, Alcoholic Beverage Code, is amended
   43-3  by adding Sections 32.20, 32.21, and 32.22 to read as follows:
   43-4        Sec. 32.20.  STAMPS.  (a)  A private club registration
   43-5  permittee may not possess or permit a person to possess on the
   43-6  premises distilled spirits in any container that does not bear a
   43-7  serially numbered identification stamp issued by the commission or
   43-8  other identification approved by the commission.
   43-9        (b)  A holder of a local distributor's permit may not
  43-10  knowingly sell, ship, or deliver distilled spirits in any container
  43-11  that does not bear a serially numbered identification stamp issued
  43-12  by the commission or other identification approved by the
  43-13  commission.
  43-14        (c)  Identification stamps may be issued only to a holder of
  43-15  a local distributor's permit who shall affix the stamps as
  43-16  prescribed by the commission or administrator.
  43-17        Sec. 32.21.  PERMIT INELIGIBILITY.  A private club
  43-18  registration permit may not be issued to:
  43-19              (1)  a person whose permit was canceled for a violation
  43-20  of Section 28.06(c) of this code;
  43-21              (2)  a person who held an interest in a permit that was
  43-22  canceled for a violation of Section 28.06(c) of this code;
  43-23              (3)  a person who held 50 percent or more of the stock,
  43-24  directly or indirectly, of a corporation whose permit was canceled
  43-25  for a violation of Section 28.06(c) of this code;
  43-26              (4)  a corporation, if a person holding 50 percent or
  43-27  more of the corporation's stock, directly or indirectly, is
   44-1  disqualified from obtaining a permit under Subdivision (3) of this
   44-2  section; or
   44-3              (5)  a person who resides with a person who is barred
   44-4  from obtaining a permit because of a violation of Section 28.06(c)
   44-5  of this code.
   44-6        Sec. 32.22.  SUMMARY SUSPENSION.  (a)  The commission may
   44-7  summarily suspend, without a hearing, the permit of a permittee who
   44-8  fails to file a return or make a tax payment.  The Administrative
   44-9  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
  44-10  Civil Statutes) does not apply to the commission in the enforcement
  44-11  and administration of this section.
  44-12        (b)  A suspension under this section takes effect on the
  44-13  third day after the date the notice of suspension is given.  The
  44-14  notice of suspension shall be sent by registered or certified mail
  44-15  to the permittee, the permittee's agent, servant, or employee if
  44-16  not given in person.
  44-17        (c)  The commission shall terminate a suspension made under
  44-18  this section when the permittee files all required returns and
  44-19  makes all required tax payments, including payment of penalties
  44-20  that are due.
  44-21        SECTION 50.  Section 37.11(e), Alcoholic Beverage Code, is
  44-22  amended to read as follows:
  44-23        (e)  No certificate of approval shall be issued unless the
  44-24  application is accompanied by a fee in the amount set by <of $25
  44-25  payable to> the commission.  A copy of the certificate shall be
  44-26  kept on file in the office of the commission.
  44-27        SECTION 51.  Section 42.04, Alcoholic Beverage Code, is
   45-1  amended by adding Subsection (d) to read as follows:
   45-2        (d)  A holder of a winery permit is exempt from the
   45-3  requirements of this section for the transportation of its wine.
   45-4        SECTION 52.  Section 45.03(d), Alcoholic Beverage Code, is
   45-5  amended to read as follows:
   45-6        (d)  Except as provided by Section 45.04 of this code, no
   45-7  <No> storage permit may be issued for a location in a dry area.
   45-8        SECTION 52A.  Chapter 45, Alcoholic Beverage Code, is amended
   45-9  by adding Section 45.04 to read as follows:
  45-10        Sec. 45.04.  WINERY STORAGE PERMIT.  A holder of a winery
  45-11  permit whose winery is located in a county all or part of which is
  45-12  in a dry area may obtain a storage permit to store the winery's
  45-13  product in a dry area of that county if:
  45-14              (1)  the holder of the winery permit obtains a permit
  45-15  for each place of storage; and
  45-16              (2)  the product to be stored is owned by the holder of
  45-17  the winery permit and remains in the possession of the holder.
  45-18        SECTION 53.  Section 46.03, Alcoholic Beverage Code, is
  45-19  amended to read as follows:
  45-20        Sec. 46.03.  Qualifications for Permit.  (a)  A bonded
  45-21  warehouse permit may be issued to any public bonded warehouse that:
  45-22              (1)  <not located in a dry area which> derives at least
  45-23  50 percent of its gross revenue in a bona fide manner during each
  45-24  three-month period from the storage of goods or merchandise other
  45-25  than liquor; and
  45-26              (2)  is not located in a dry area.
  45-27        (b)  A bonded warehouse permit may be issued to a public
   46-1  bonded warehouse described by Subsection (a)(1) of this section
   46-2  that is located in a dry area only for the storage of the wine of
   46-3  the holder of a winery permit who holds a permit authorizing its
   46-4  storage in a public bonded warehouse.
   46-5        SECTION 54.  Section 51.04(b), Alcoholic Beverage Code, is
   46-6  amended to read as follows:
   46-7        (b)  A minibar may not be restocked or replenished during any
   46-8  hours that a mixed beverage permittee may not sell alcoholic
   46-9  beverages at the location as provided by Section 105.03 of this
  46-10  code <between the hours of 9 p.m. and 9 a.m. or on any Sunday,> and
  46-11  it may contain no more than 40 individual containers of alcoholic
  46-12  beverages at any one time.
  46-13        SECTION 55.  Subchapter A, Chapter 61, Alcoholic Beverage
  46-14  Code, is amended by adding Section 61.13 to read as follows:
  46-15        Sec. 61.13.  CONDUCT SURETY BOND.  (a)  Except as provided in
  46-16  Subsection (e) of this section, an applicant for a license or a
  46-17  holder of a license issued under Chapter 69 of this code shall file
  46-18  with the commission a surety bond in the amount of $5,000
  46-19  conditioned on the applicant's or holder's conformance with
  46-20  alcoholic beverage law.
  46-21        (b)  A surety bond required under this section shall contain
  46-22  the following statements on the face of the bond:
  46-23              (1)  that the holder of the license will not violate a
  46-24  law of the state relating to alcoholic beverages or a rule of the
  46-25  commission; and
  46-26              (2)  that the holder of the license agrees that the
  46-27  amount of the bond shall be paid to the state if the license is
   47-1  revoked.
   47-2        (c)  The commission shall adopt rules relating to the:
   47-3              (1)  form of a surety bond;
   47-4              (2)  qualifications for a surety;
   47-5              (3)  method for filing and obtaining approval of the
   47-6  bond by the commission; and
   47-7              (4)  release or discharge of the bond.
   47-8        (d)  A holder of a license required to file a surety bond may
   47-9  furnish instead of all or part of the required bond amount:
  47-10              (1)  one or more certificates of deposit assigned to
  47-11  the state issued by a federally insured bank or savings institution
  47-12  authorized to do business in this state; or
  47-13              (2)  one or more letters of credit issued by a
  47-14  federally insured bank or savings institution authorized to do
  47-15  business in this state.
  47-16        (e)  A holder of a license issued under this code who has
  47-17  held a permit for three years or more before the date the holder
  47-18  applied for renewal of the license is not required to furnish a
  47-19  surety bond if the holder:
  47-20              (1)  has not had a license or permit issued under this
  47-21  code revoked in the five years before the date the holder applied
  47-22  for renewal of the license;
  47-23              (2)  is not the subject of a pending permit or license
  47-24  revocation proceeding; and
  47-25              (3)  has continuously operated on the licensed premises
  47-26  for three years or more before the date the holder applied for
  47-27  renewal of the license.
   48-1        (f)  If a holder of a license is exempt from furnishing a
   48-2  conduct surety bond under Subsection (e) of this section, the
   48-3  holder shall be exempt from furnishing the bond at another location
   48-4  where the holder applies for or holds a license.
   48-5        (g)  This section applies only in a county having a
   48-6  population of 2.4 million or more.
   48-7        SECTION 56.  Subtitle A, Title 3, Alcoholic Beverage Code, is
   48-8  amended by adding Chapter 52 to read as follows:
   48-9              CHAPTER 52.  PACKAGE STORE TASTING PERMIT
  48-10        Sec. 52.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a
  48-11  package store tasting permit may conduct product tastings of
  48-12  cordials and liqueurs, wine, beer, and malt-based or spirit-based
  48-13  coolers on the licensed premises of the holder's package store
  48-14  during regular business hours as provided by this section.
  48-15        (b)  Written notification of a product tasting must be made
  48-16  to the commission by mailing a letter to the commission not later
  48-17  than 72 hours before the tasting event.  The notification shall
  48-18  clearly state:
  48-19              (1)  the type and brand of alcoholic beverage to be
  48-20  tasted;
  48-21              (2)  the date and hours the tasting is to take place;
  48-22  and
  48-23              (3)  the address of the premises where the tasting is
  48-24  to occur.
  48-25        (c)  A copy of the notificiation shall be kept on file and
  48-26  available for inspection on the premises during all tasting hours.
  48-27        (d)  Sample portions at a product tasting shall be limited to
   49-1  no more than:
   49-2              (1)  one-half ounce for cordials or liqueurs;
   49-3              (2)  one ounce for wine; and
   49-4              (3)  one ounce for beer and coolers.
   49-5        (e)  At any one time, not more than two of the following
   49-6  categories may be tasted:
   49-7              (1)  cordials and liqueurs;
   49-8              (2)  wine; or
   49-9              (3)  beer and coolers.
  49-10        (f)  When cordials and liqueurs are tasted, not more than one
  49-11  brand or type may be made available for tasting at one time.  When
  49-12  wine is tasted, not more than three different wines may be made
  49-13  available for tasting at any one time.  When beer or coolers are
  49-14  tasted, not more than two brands or types of beer or coolers may be
  49-15  made available at any one time.
  49-16        (g)  No charge of any sort may be made for a sample serving.
  49-17        (h)  A person may be served more than one sample.  Samples
  49-18  may not be served to a minor or to an obviously intoxicated person.
  49-19  No samples may be removed from the licensed premises.
  49-20        (i)  During the tasting, not more than two containers of each
  49-21  brand or type of product being tasted may be open on the premises
  49-22  at one time.
  49-23        (j)  At the conclusion of the tasting, all empty or open
  49-24  containers of alcoholic beverages used in the tasting shall be
  49-25  removed from the premises.
  49-26        (k)  A tasting event authorized by this section may not be
  49-27  advertised except by on-site communications or by direct mail.
   50-1        Sec. 52.02.  FEE.  The annual state fee for a package store
   50-2  tasting permit is $25.  The fee is in addition to and subject to
   50-3  the same conditions as the fee paid for the holder's package store
   50-4  permit.
   50-5        Sec. 52.03.  ELIGIBILITY FOR PERMIT.  The commission or the
   50-6  administrator may only issue a package store tasting permit to a
   50-7  holder of a package store permit.  For the purposes of this code
   50-8  and any other law of the state or political subdivision of the
   50-9  state, a package store tasting permit may not be considered a
  50-10  permit authorizing the sale of alcoholic beverages for on-premise
  50-11  consumption.  Since no charge may be made for a sample tasted on
  50-12  the premises of a package store, none of a package store's revenue
  50-13  may be deemed to be revenue from the on-premise sale of alcoholic
  50-14  beverages.
  50-15        SECTION 57.  Section 61.42(a), Alcoholic Beverage Code, is
  50-16  amended to read as follows:
  50-17        (a)  The county judge shall refuse to approve an application
  50-18  for a license as a distributor or retailer if he has reasonable
  50-19  grounds to believe and finds that:
  50-20              (1)  the applicant is a minor;
  50-21              (2)  the applicant is indebted to the state for any
  50-22  taxes, fees, or penalties imposed by this code or by rule of the
  50-23  commission;
  50-24              (3)  the place or manner in which the applicant for a
  50-25  retail dealer's license may conduct his business warrants a refusal
  50-26  of a license based on the general welfare, health, peace, morals,
  50-27  safety, and sense of decency of the people;
   51-1              (4)  the applicant is in the habit of using alcoholic
   51-2  beverages to excess or is mentally or physically incompetent;
   51-3              (5)  the applicant is not a United States citizen or
   51-4  has not been a citizen of Texas for a period of one year <three
   51-5  years> immediately preceding the filing of his application, unless
   51-6  he was issued an original or renewal license on or before September
   51-7  1, 1948;
   51-8              (6)  the applicant was finally convicted of a felony
   51-9  during the two years immediately preceding the filing of his
  51-10  application;
  51-11              (7)  the applicant is not of good moral character or
  51-12  his reputation for being a peaceable, law-abiding citizen in the
  51-13  community where he resides is bad; or
  51-14              (8)  as to a corporation, it is not incorporated under
  51-15  the laws of this state, or at least 51 percent of the corporate
  51-16  stock is not owned at all times by persons who individually are
  51-17  qualified to obtain a license, except that this subdivision does
  51-18  not apply to a holder of any renewal of a distributor's license
  51-19  which was in effect on January 1, 1953, or to an applicant for a
  51-20  beer retailer's on-premise license for a railway car.
  51-21        SECTION 58.  Section 61.42(c), Alcoholic Beverage Code, is
  51-22  amended to read as follows:
  51-23        (c)  The county judge, commission, or administrator shall
  51-24  refuse to approve or issue for a period of one year a retail
  51-25  dealer's on-premise license or a wine and beer retailer's permit
  51-26  for a premises where a license or permit has <two licenses or
  51-27  permits have> been canceled during the preceding 12 months as a
   52-1  result of a shooting, stabbing, or other violent act, or as a
   52-2  result of an offense involving drugs.
   52-3        SECTION 59.  Section 61.43, Alcoholic Beverage Code, is
   52-4  amended to read as follows:
   52-5        Sec. 61.43.  Discretionary Grounds for Refusal:  Distributor
   52-6  or Retailer.  The county judge may refuse to approve an application
   52-7  for a license as a distributor or retailer if he has reasonable
   52-8  grounds to believe and finds that:
   52-9              (1)  the applicant has been finally convicted in a
  52-10  court of competent jurisdiction for the violation of a provision of
  52-11  this code during the two years immediately preceding the filing of
  52-12  his application;
  52-13              (2)  two years has not elapsed since the termination,
  52-14  by pardon or otherwise, of a sentence imposed for conviction of a
  52-15  felony;
  52-16              (3)  the applicant has violated or caused to be
  52-17  violated a provision of this code or a rule or regulation of the
  52-18  commission, for which a suspension was not imposed, during the
  52-19  12-month period immediately preceding the filing of his
  52-20  application;
  52-21              (4)  the applicant failed to answer or falsely or
  52-22  incorrectly answered a question in his original or renewal
  52-23  application;
  52-24              (5)  the applicant for a retail dealer's license does
  52-25  not have an adequate building available at the address for which
  52-26  the license is sought before conducting any activity authorized by
  52-27  the license;
   53-1              (6)  the applicant or a person with whom he is
   53-2  residentially domiciled had an interest in a license or permit
   53-3  which was cancelled or revoked within the 12-month period
   53-4  immediately preceding the filing of his application;
   53-5              (7)  the applicant failed or refused to furnish a true
   53-6  copy of his application to the commission's district office in the
   53-7  district in which the premises sought to be licensed are located;
   53-8              (8)  the premises on which beer is to be sold for
   53-9  on-premises consumption does not have running water, if it is
  53-10  available, or does not have separate free toilets for males and
  53-11  females, properly identified, on the premises for which the license
  53-12  is sought;
  53-13              (9)  the applicant for a retail dealer's license will
  53-14  conduct his business in a manner contrary to law or in a place or
  53-15  manner conducive to a violation of the law; or
  53-16              (10)  the place, building, or premises for which the
  53-17  license is sought was used for selling alcoholic beverages in
  53-18  violation of the law at any time during the six months immediately
  53-19  preceding the filing of the application or was used, operated, or
  53-20  frequented during that time for a purpose or in a manner which was
  53-21  lewd, immoral, offensive to public decency, or contrary to this
  53-22  code.
  53-23        SECTION 60.  Section 61.71(a), Alcoholic Beverage Code, is
  53-24  amended to read as follows:
  53-25        (a)  The commission or administrator may suspend for not more
  53-26  than 60 days or cancel an original or renewal retail dealer's on-
  53-27  or off-premise license if it is found, after notice and hearing,
   54-1  that the licensee:
   54-2              (1)  violated a provision of this code or a rule of the
   54-3  commission during the existence of the license sought to be
   54-4  cancelled or suspended or during the immediately preceding license
   54-5  period;
   54-6              (2)  was finally convicted for violating a penal
   54-7  provision of this code;
   54-8              (3)  was finally convicted of a felony while holding an
   54-9  original or renewal license;
  54-10              (4)  made a false statement or a misrepresentation in
  54-11  his original application or a renewal application;
  54-12              (5)  with criminal negligence <knowingly> sold, served,
  54-13  or delivered beer to a minor;
  54-14              (6)  sold, served, or delivered beer to an intoxicated
  54-15  person;
  54-16              (7)  sold, served, or delivered beer at a time when its
  54-17  sale is prohibited;
  54-18              (8)  entered or offered to enter an agreement,
  54-19  condition, or system which would constitute the sale or possession
  54-20  of alcoholic beverages on consignment;
  54-21              (9)  possessed on the licensed premises, or on adjacent
  54-22  premises directly or indirectly under his control, an alcoholic
  54-23  beverage not authorized to be sold on the licensed premises, or
  54-24  permitted an agent, servant, or employee to do so, except as
  54-25  permitted by Section 22.06, 24.05, or 102.05 of this code;
  54-26              (10)  does not have at his licensed premises running
  54-27  water, if it is available, and separate toilets for both sexes
   55-1  which are properly identified;
   55-2              (11)  permitted a person on the licensed premises to
   55-3  engage in conduct which is lewd, immoral, or offensive to public
   55-4  decency;
   55-5              (12)  employed a person under 18 years of age to sell,
   55-6  handle, or dispense beer, or to assist in doing so, in an
   55-7  establishment where beer is sold for on-premises consumption;
   55-8              (13)  conspired with a person to violate Section
   55-9  101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or
  55-10  108.04-108.06 of this code, or a rule promulgated under Section
  55-11  5.40 of this code, or accepted a benefit from an act prohibited by
  55-12  any of these sections or rules;
  55-13              (14)  refused to permit or interfered with an
  55-14  inspection of the licensed premises by an authorized representative
  55-15  of the commission or a peace officer;
  55-16              (15)  permitted the use or display of his license in
  55-17  the conduct of a business for the benefit of a person not
  55-18  authorized by law to have an interest in the license;
  55-19              (16)  maintained blinds or barriers at his place of
  55-20  business in violation of this code;
  55-21              (17)  conducted his business in a place or manner which
  55-22  warrants the cancellation or suspension of the license based on the
  55-23  general welfare, health, peace, morals, safety, and sense of
  55-24  decency of the people;
  55-25              (18)  consumed an alcoholic beverage or permitted one
  55-26  to be consumed on the licensed premises at a time when the
  55-27  consumption of alcoholic beverages is prohibited by this code;
   56-1              (19)  purchased beer for the purpose of resale from a
   56-2  person other than the holder of a manufacturer's or distributor's
   56-3  license;
   56-4              (20)  acquired an alcoholic beverage for the purpose of
   56-5  resale from another retail dealer of alcoholic beverages;
   56-6              (21)  owned an interest of any kind in the business or
   56-7  premises of the holder of a distributor's license;
   56-8              (22)  purchased, sold, offered for sale, distributed,
   56-9  or delivered an alcoholic beverage, or consumed an alcoholic
  56-10  beverage or permitted one to be consumed on the licensed premises
  56-11  while his license was under suspension;
  56-12              (23)  purchased, possessed, stored, sold, or offered
  56-13  for sale beer in or from an original package bearing a brand or
  56-14  trade name of a manufacturer other than the brand or trade name
  56-15  shown on the container;
  56-16              (24)  habitually uses alcoholic beverages to excess, is
  56-17  mentally incompetent, or is physically unable to manage his
  56-18  establishment;
  56-19              (25)  imported beer into this state except as
  56-20  authorized by Section 107.07 of this code;
  56-21              (26)  occupied premises in which the holder of a
  56-22  manufacturer's or distributor's license had an interest of any
  56-23  kind;
  56-24              (27)  knowingly permitted a person who had an interest
  56-25  in a permit or license which was cancelled for cause to sell,
  56-26  handle, or assist in selling or handling alcoholic beverages on the
  56-27  licensed premises within one year after the cancellation;
   57-1              (28)  was financially interested in a place of business
   57-2  engaged in the selling of distilled spirits or permitted a person
   57-3  having an interest in that type of business to have a financial
   57-4  interest in the business authorized by his license, except as
   57-5  permitted by Section 22.06, 24.05, or 102.05 of this code;
   57-6              (29)  is residentially domiciled with or related to a
   57-7  person engaged in selling distilled spirits, except as permitted by
   57-8  Section 22.06, 24.05, or 102.05 of this code, so that there is a
   57-9  community of interests which the commission or administrator finds
  57-10  contrary to the purposes of this code; or
  57-11              (30)  is residentially domiciled with or related to a
  57-12  person whose license has been cancelled within the preceding 12
  57-13  months so that there is a community of interests which the
  57-14  commission or administrator finds contrary to the purposes of this
  57-15  code.
  57-16        SECTION 61.  Section 61.71, Alcoholic Beverage Code, is
  57-17  amended by adding Subsection (f) to read as follows:
  57-18        (f)  The commission or administrator may cancel an original
  57-19  or renewal retail dealer's on- or off-premise license if it is
  57-20  found, after notice and hearing, that before the first anniversary
  57-21  of the date a finding is made of a violation of Subsection (a)(5)
  57-22  of this section or a violation of Section 106.03 of this code, the
  57-23  licensee or an agent, servant, or employee of the licensee sold,
  57-24  served, or delivered an alcoholic beverage to a minor.  The
  57-25  commission or administrator shall cancel an original or renewal
  57-26  retail dealer's on- or off-premise license if it is found, after
  57-27  notice and hearing, the licensee or an agent, servant, or employee
   58-1  of the licensee sold, served, or delivered an alcoholic beverage to
   58-2  a minor in violation of Subsection (a)(5) of this section or in
   58-3  violation of Section 106.03 of this code on three separate
   58-4  occasions.
   58-5        SECTION 62.  Section 61.74(a), Alcoholic Beverage Code, is
   58-6  amended to read as follows:
   58-7        (a)  The commission or administrator may suspend for not more
   58-8  than 60 days or cancel an original or renewal general, local, or
   58-9  branch distributor's license if it is found, after notice and
  58-10  hearing, that the licensee:
  58-11              (1)  violated a provision of this code or a rule of the
  58-12  commission during the existence of the license sought to be
  58-13  cancelled or suspended or during the immediately preceding license
  58-14  period;
  58-15              (2)  was finally convicted for violating a penal
  58-16  provision of this code;
  58-17              (3)  was finally convicted of a felony while holding an
  58-18  original or renewal license;
  58-19              (4)  violated Section 101.41-101.43, 101.68,
  58-20  102.11-102.15, 104.04, 108.01, or 108.04-108.06 of this code, or a
  58-21  rule or regulation promulgated under Section 5.40 of this code;
  58-22              (5)  failed to comply with a requirement of the
  58-23  commission relating to the keeping of records or making of reports;
  58-24              (6)  failed to pay any tax due the state on any beer he
  58-25  sold, stored, or transported;
  58-26              (7)  refused to permit or interfered with an inspection
  58-27  of his licensed premises, vehicles, books, or records by an
   59-1  authorized representative of the commission;
   59-2              (8)  consummated a sale of beer outside the county or
   59-3  counties in which he was authorized to sell beer by his license;
   59-4              (9)  purchased, sold, offered for sale, distributed, or
   59-5  delivered beer while his license was under suspension;
   59-6              (10)  permitted the use of his license in the operation
   59-7  of a business conducted for the benefit of a person not authorized
   59-8  by law to have an interest in the business;
   59-9              (11)  made a false or misleading representation or
  59-10  statement in his original application or a renewal application;
  59-11              (12)  habitually uses alcoholic beverages to excess, is
  59-12  mentally incompetent, or is physically unable to manage his
  59-13  establishment;
  59-14              (13)  misrepresented any beer sold by him to a retailer
  59-15  or to the public;
  59-16              (14)  with criminal negligence <knowingly> sold or
  59-17  delivered beer to a minor; or
  59-18              (15)  purchased, possessed, stored, sold, or offered
  59-19  for sale beer in an original package bearing a brand or trade name
  59-20  of a manufacturer other than the brand or trade name of the
  59-21  manufacturer shown on the container.
  59-22        SECTION 63.  Section 61.75, Alcoholic Beverage Code, is
  59-23  amended to read as follows:
  59-24        Sec. 61.75.  Suspension of Manufacturer's License.  If a
  59-25  manufacturer violates a provision of this code or a rule of the
  59-26  commission, the commission or administrator may order the
  59-27  manufacturer to cease and desist from the violation and may suspend
   60-1  its license, after notice and hearing<, until the licensee obeys
   60-2  the order>.
   60-3        SECTION 64.  Chapter 62, Alcoholic Beverage Code, is amended
   60-4  by adding Section 62.075 to read as follows:
   60-5        Sec. 62.075.  LICENSED WAREHOUSE FOR IMPORTATION OF BEER.  On
   60-6  application and payment of a fee to be set by the commission, the
   60-7  holder of a manufacturer's license may be issued a license for a
   60-8  warehouse located in an area where the sale of beer is lawful and
   60-9  may import beer from without the state for delivery to such
  60-10  licensed warehouse for sale to beer distributors or removal to
  60-11  other warehouses of the manufacturer.  The manufacturer shall make
  60-12  and keep a record of the receipt, sale, and other movement of beer
  60-13  received at such licensed warehouse and any other records that the
  60-14  commission or administrator requires.
  60-15        SECTION 65.  Section 63.02, Alcoholic Beverage Code, is
  60-16  amended to read as follows:
  60-17        Sec. 63.02.  No County or City Fee.  <The annual state fee
  60-18  for a nonresident manufacturer's license is $750.>   No county or
  60-19  city is entitled to a fee for the issuance of the license.
  60-20        SECTION 66.  Section 69.03, Alcoholic Beverage Code, is
  60-21  amended to read as follows:
  60-22        Sec. 69.03.  Issuance of License for Railway Cars.  A retail
  60-23  dealer's on-premise license may be issued for a railway dining,
  60-24  buffet, or club car.  Application for a license of this type shall
  60-25  be made directly to the commission<,> and accompanied by a fee set
  60-26  by the commission <the annual state fee is $30 for each car>.
  60-27        SECTION 67.  Chapter 69, Alcoholic Beverage Code, is amended
   61-1  by adding Section 69.15 to read as follows:
   61-2        Sec. 69.15.  RESTRICTIONS ON LOCATION IN CERTAIN
   61-3  MUNICIPALITIES.  (a)  Section 11.52 of this code applies to the
   61-4  issuance or renewal of a retail dealer's on-premise license as if
   61-5  the license were a permit to which that section applies.
   61-6        (b)  Section 61.31(b) of this code does not apply to an
   61-7  application for a retail dealer's on-premise license.
   61-8        SECTION 68.  Chapter 71, Alcoholic Beverage Code, is amended
   61-9  by adding Section 71.11 to read as follows:
  61-10        Sec. 71.11.  TEMPORARY RETAIL DEALER'S OFF-PREMISES LICENSE.
  61-11  (a)  On application for a retail dealer's off-premises license,
  61-12  application for a temporary retail dealer's off-premises license,
  61-13  and payment of the required fees including a fee for the temporary
  61-14  license as set by the commission, the commission may issue a
  61-15  temporary retail dealer's off-premises license to a person who has
  61-16  entered into a contract to purchase a premises from a holder of a
  61-17  retail dealer's off-premises license and a package store permit.
  61-18        (b)  Unless revoked or cancelled by the commission, a
  61-19  temporary retail dealer's off-premises license is valid only during
  61-20  the period that the application for a retail dealer's off-premises
  61-21  license is being considered by the commission and county judge
  61-22  ending on the day that the retail dealer's off-premises license is
  61-23  issued or denied.
  61-24        (c)  The holder of a temporary retail dealer's off-premises
  61-25  license has all of the rights, privileges, and duties of a holder
  61-26  of a retail dealer's off-premises license.
  61-27        SECTION 69.  Subtitle B, Title 3, Alcoholic Beverage Code, is
   62-1  amended by adding Chapter 74 to read as follows:
   62-2                     CHAPTER 74.  BREWPUB LICENSE
   62-3        Sec. 74.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a
   62-4  brewpub license for a brewpub located in a wet area, as that term
   62-5  is described by Section 251.71 of this code, may:
   62-6              (1)  manufacture, brew, bottle, can, package, and label
   62-7  malt liquor, ale, and beer;
   62-8              (2)  sell or offer without charge, on the premises of
   62-9  the holder's breweries or the holder's other permitted or licensed
  62-10  premises, to ultimate consumers for consumption on or off those
  62-11  premises, malt liquor, ale, or beer produced by the holder, in or
  62-12  from any lawful container, to the extent such sales or offers are
  62-13  allowed under the holder's other permits or licenses; and
  62-14              (3)  sell food on the premises of the holder's
  62-15  breweries.
  62-16        (b)  The holder of a brewpub license may establish, operate,
  62-17  or maintain one or more licensed brewpubs or other on-premise
  62-18  operations in this state under the same general management or
  62-19  ownership.  The holder shall pay the fee assessed by the commission
  62-20  for each establishment.  For the purposes of this subsection, two
  62-21  or more establishments are under the same general management or
  62-22  ownership if:
  62-23              (1)  the establishments bottle the same brand of beer,
  62-24  malt liquor, or ale or beer, malt liquor, or ale brewed by the same
  62-25  manufacturer; or
  62-26              (2)  the persons, regardless of domicile, who
  62-27  establish, operate, or maintain the establishments are controlled
   63-1  or directed by one management or by an association of ultimate
   63-2  management.
   63-3        (c)  A holder of a brewpub license is also required to  hold
   63-4  a wine and beer retailer's permit, a mixed beverage permit, or a
   63-5  retail dealer's on-premise license.
   63-6        (d)  The holder of a brewpub license may not hold or have an
   63-7  interest in a manufacturer's or distributor's license or any other
   63-8  license or permit in the manufacturing or wholesaling levels of the
   63-9  alcoholic beverage industry regardless of the specific names given
  63-10  to permits or licenses in Title 3 of this code, either directly or
  63-11  indirectly, or through a subsidiary, affiliate, agent, employee,
  63-12  officer, director, or otherwise and the holder shall be considered
  63-13  a "retailer" for purposes of Section 102.01 of this code.
  63-14        (e)  A holder of a retail dealer's on-premise license who
  63-15  obtains a brewpub license may not manufacture, brew, bottle, can,
  63-16  package, label, sell, or offer without charge malt liquor or ale.
  63-17        (f)  A holder of a brewpub license may not sell an alcoholic
  63-18  beverage for resale.
  63-19        Sec. 74.02.  FEE.  The annual state fee for a brewpub license
  63-20  shall be set by the commission.
  63-21        Sec. 74.03.  PRODUCTION LIMIT.  The total annual production
  63-22  of malt liquor, ale, and beer by a holder of a brewpub license may
  63-23  not exceed 5,000 barrels for each licensed brewpub established,
  63-24  operated, or maintained by the holder in this state.
  63-25        Sec. 74.04.  LICENSE APPLICATION, RENEWAL, AND MAINTENANCE;
  63-26  RECORDS; LICENSE ISSUANCE.  All provisions of this code applying to
  63-27  a brewpub licensee's wine and beer retailer's permit, mixed
   64-1  beverage permit, or retail dealer's on-premise license that do not
   64-2  conflict with this chapter also apply to the brewpub license.
   64-3        Sec. 74.05.  STATEMENT OF INTENT.  Each applicant for a
   64-4  brewpub license shall file with the application a sworn statement
   64-5  that the applicant shall be engaged in the business of brewing and
   64-6  packaging malt liquor, ale, or beer in this state in quantities
   64-7  sufficient to make the operation that of a bona fide brewpub not
   64-8  later than six months after the date of issuance of the original
   64-9  license.  If the applicant is a corporation, the statement must be
  64-10  signed by a principal corporate officer.  A county judge may not
  64-11  issue a brewpub license to an applicant who does not submit the
  64-12  required  sworn statement with the application.
  64-13        Sec. 74.06.  QUALITY STANDARDS.  Manufacturing or brewing
  64-14  equipment used by a holder of a brewpub license, and process,
  64-15  labeling, and packaging conducted by a holder of a brewpub license,
  64-16  shall conform to standards imposed by the code and the commission's
  64-17  rules for the manufacture of beer and the brewing of ale and malt
  64-18  liquor and shall conform to such standards as may be applied by the
  64-19  agency of the United States charged with supervising the
  64-20  inspection, manufacture, and brewing of such products.
  64-21        SECTION 70.  Section 101.66, Alcoholic Beverage Code, is
  64-22  amended to read as follows:
  64-23        Sec. 101.66.  BEVERAGES OF CERTAIN ALCOHOL CONTENT
  64-24  PROHIBITED.  No person may manufacture, sell, barter, or exchange a
  64-25  beverage that contains alcohol in excess of one-half of one percent
  64-26  by volume and not more than four percent of alcohol by weight,
  64-27  except beer, wine coolers, and spirit coolers.
   65-1        SECTION 71.  Section 101.41, Alcoholic Beverage Code, is
   65-2  amended to read as follows:
   65-3        Sec. 101.41.  Containers, Packaging, and Dispensing Equipment
   65-4  of Beer:  Labels.  (a)  No manufacturer or distributor, directly or
   65-5  indirectly or through a subsidiary, affiliate, agent, employee,
   65-6  officer, director, or firm member, may manufacture, sell, or
   65-7  otherwise introduce into commerce any container, packaging, or
   65-8  dispensing equipment of beer that does not meet the requirements of
   65-9  this section.
  65-10        (b)  Every container of beer must have a label or imprint in
  65-11  legible type showing the full name and address of the manufacturer
  65-12  and, if it contains a special brand brewed for a distributor, of
  65-13  the distributor.  Any box, crate, carton, or similar device in
  65-14  which containers of beer are sold or transported must have a label
  65-15  meeting the same requirements.
  65-16        (c)  The label of a container of beer must state the net
  65-17  contents in terms of United States liquor measure.
  65-18        (d)  No container, packaging material, or dispensing
  65-19  equipment may bear a label or imprint that:
  65-20              (1)  by wording, lettering, numbering, or illustration,
  65-21  or in any other manner refers or alludes to or suggests <the
  65-22  alcoholic strength of the product,> a manufacturing process, aging,
  65-23  analysis, or a scientific fact;
  65-24              (2)  refers or alludes to the "proof," "balling," or
  65-25  "extract" of the product;
  65-26              (3)  is untrue in any respect; or
  65-27              (4)  by ambiguity, omission, or inference tends to
   66-1  create a misleading impression, or causes or is calculated to cause
   66-2  deception of the consumer with respect to the product.
   66-3        SECTION 72.  Section 101.46, Alcoholic Beverage Code, is
   66-4  amended by amending Subsection (a) and adding Subsection (d) to
   66-5  read as follows:
   66-6        (a)  Except as provided by Subsections (b), <and> (c), and
   66-7  (d) of this section, no person may import, sell, or possess with
   66-8  intent to sell any liquor in a container with a capacity of less
   66-9  than six fluid ounces.
  66-10        (d)  Spirit coolers, as described by the definition of
  66-11  "distilled spirits" in Section 1.04 of this code, may be sold in
  66-12  containers with a capacity of 355 milliliters as well as in
  66-13  containers with any other capacity authorized by this code for
  66-14  distilled spirits.
  66-15        SECTION 73.  Section 101.67(d), Alcoholic Beverage Code, is
  66-16  amended to read as follows:
  66-17        (d)  If the commission determines that the sample and label
  66-18  required by Subsection (a) of this section comply with the
  66-19  provisions of this code and the rules of the commission, the
  66-20  commission shall issue a certificate of approval upon receipt of a
  66-21  fee set by the commission <in the amount of $25>.  A copy of the
  66-22  certificate shall be kept on file in the office of the commission.
  66-23        SECTION 74.  Subchapter A, Chapter 102, Alcoholic Beverage
  66-24  Code, is amended by adding Section 102.02 to read as follows:
  66-25        Sec. 102.02.  PROVIDING SAMPLES.  Notwithstanding any other
  66-26  provision of this code, the holder of a wholesaler's permit or the
  66-27  holder's agent, representative, or employee may furnish or give a
   67-1  sample of liquor to a holder of a permit authorizing the sale of
   67-2  that category of alcoholic beverage at retail if the retail
   67-3  permittee has not previously purchased that brand from that
   67-4  wholesaler permittee.  The wholesaler may give the retail permittee
   67-5  not more than 750 milliliters of any brand of distilled spirits,
   67-6  not more than three liters of any brand of wine in that package,
   67-7  and not more than one six-pack of any other alcoholic beverage so
   67-8  packaged.  The retail permittee or the permittee's agent, servant,
   67-9  or employee may sample the product on the licensed premises only if
  67-10  the wholesaler or the wholesaler's agent, servant, or employee is
  67-11  present.
  67-12        SECTION 75.  Sections 102.07(a), (b), and (d), Alcoholic
  67-13  Beverage Code, are amended to read as follows:
  67-14        (a)  Except as provided in Subsections <Subsection> (b) and
  67-15  (d) of this section, no person who owns or has an interest in the
  67-16  business of a distiller, brewer, rectifier, wholesaler, class B
  67-17  wholesaler, winery, or wine bottler, nor the agent, servant, or
  67-18  employee of such a person, may:
  67-19              (1)  own or have a direct or indirect interest in the
  67-20  business, premises, equipment, or fixtures of a retailer;
  67-21              (2)  furnish, give, or lend any money or<,> service<,
  67-22  or thing of value> to a retailer;
  67-23              (3)  guarantee a financial obligation of a retailer;
  67-24              (4)  make or offer to enter an agreement, condition, or
  67-25  system which will in effect amount to the shipment and delivery of
  67-26  alcoholic beverages on consignment;
  67-27              (5)  furnish, give, rent, lend, or sell to a retail
   68-1  dealer any equipment, fixtures, or supplies to be used in selling
   68-2  or dispensing alcoholic beverages, except that alcoholic beverages
   68-3  may be packaged in combination with other items if the package is
   68-4  designed to be delivered intact to the ultimate consumer and the
   68-5  additional items have no value or benefit to the retailer other
   68-6  than that of having the potential of attracting purchases and
   68-7  promoting sales;
   68-8              (6)  pay or make an allowance to a retailer for a
   68-9  special advertising or distribution service;
  68-10              (7)  allow an excessive discount to a retailer;
  68-11              (8)  offer a prize, premium, gift, or similar
  68-12  inducement to a retailer <or consumer> or to the agent, servant, or
  68-13  employee of a retailer <either>.
  68-14        (b)  A permittee covered by Subsection (a) of this section
  68-15  may furnish to a retailer without cost advertising specialties
  68-16  showing the name of the product advertised.  The total value of all
  68-17  advertising specialties for any one brand furnished to a retailer
  68-18  in any one calendar year may not exceed $78.  Not more than once a
  68-19  year, the administrator on the administrator's own motion or on the
  68-20  motion of the permittee may increase or decrease the total amount
  68-21  of advertising specialties permitted under this subsection by not
  68-22  more than six percent based on the consumer price index and
  68-23  previous adjustments, if any.  For the purposes of this subsection,
  68-24  "consumer price index" means the annual average over a calendar
  68-25  year of the consumer price index (all items, United States city
  68-26  average) published monthly by the Bureau of Labor Statistics,
  68-27  United States Department of Labor, or its successor in function.
   69-1  Permittees covered by Subsection (a) of this section may not pool
   69-2  or combine their dollar limitations to provide a retailer with
   69-3  advertising specialties valued in excess of the maximum permitted
   69-4  under this subsection  <recipes, recipe books, book matches,
   69-5  cocktail napkins, or other advertising items showing the name of
   69-6  the permittee furnishing the items or the brand name of the product
   69-7  advertised if the individual cost of the items does not exceed 25
   69-8  cents>.
   69-9        (d)  A permittee covered under Subsection (a) of this section
  69-10  may offer coupons, prizes, premiums, or gifts to a consumer if the
  69-11  offer is national in scope and offered in 30 states or more.
  69-12  Notwithstanding the requirement in Subsection (b) of this section
  69-13  that the total value of advertising specialties may not exceed $78,
  69-14  the <The> holder of a winery permit may furnish to a retailer
  69-15  without cost recipes, recipe books, book matches, cocktail napkins,
  69-16  or other advertising items showing the name of the winery
  69-17  furnishing the items or the brand name of the product advertised if
  69-18  the individual cost of the items does not exceed $1.
  69-19        SECTION 76.  Subchapter A, Chapter 102, Alcoholic Beverage
  69-20  Code, is amended by adding Section 102.19 to read as follows:
  69-21        Sec. 102.19.  RESTOCKING AND ROTATION OF ALCOHOLIC BEVERAGES
  69-22  AUTHORIZED.  Restocking of a display and rotation of alcoholic
  69-23  beverage stock in a retail establishment from the retailer's
  69-24  storeroom, salesroom, display counter, or cooler by a
  69-25  representative of a wholesaler or distributor is lawful.  The
  69-26  commission or administrator may publish guidelines regarding this
  69-27  activity as the commission or administrator determines to be
   70-1  necessary.
   70-2        SECTION 77.  Chapter 104, Alcoholic Beverage Code, is amended
   70-3  by adding Section 104.05 to read as follows:
   70-4        Sec. 104.05.  SALE IN ORIGINAL PACKAGING.  (a)  This section
   70-5  applies to a permittee or licensee who is authorized to sell beer,
   70-6  malt liquor, or ale to an ultimate consumer for consumption off the
   70-7  permitted or licensed premises.
   70-8        (b)  The holder of a permit or license described in
   70-9  Subsection (a) of this section may resell beer, malt liquor, or ale
  70-10  only in the packaging in which the holder received the beer, malt
  70-11  liquor, or ale or may resell the contents of the packages as
  70-12  individual containers.
  70-13        (c)  Except for purposes of resale as individual containers,
  70-14  a licensee or permittee may not:
  70-15              (1)  mutilate, tear apart, or cut apart original
  70-16  packaging in which beer, malt liquor, or ale was received; or
  70-17              (2)  repackage beer, malt liquor, or ale in a manner
  70-18  misleading to the consumer or that results in required labeling
  70-19  being omitted or obscured.
  70-20        (d)  Claims for breakage, shortage, or damage to an alcoholic
  70-21  beverage shall be made to the retailer at the time of delivery.
  70-22  Except as provided by Subsection (e) of this section, a claim is
  70-23  not allowed after delivery.
  70-24        (e)  To assure and control product quality, the holder of a
  70-25  distributor's license, wholesaler's permit, or class B wholesaler's
  70-26  permit, at the time of a regular delivery, may withdraw, with the
  70-27  permission of the retailer, a quantity of beer, ale, or malt liquor
   71-1  in its undamaged original packaging from the retailer's stock, if:
   71-2              (1)  the distributor, wholesaler, or class B wholesaler
   71-3  replaces the stock with beer, ale, or malt liquor of identical
   71-4  brands, quantities, and packages as the beer, ale, or malt liquor
   71-5  withdrawn;
   71-6              (2)  the stock is withdrawn before the date considered
   71-7  by the manufacturer of the product to be the date the product
   71-8  becomes inappropriate for sale to a consumer; and
   71-9              (3)  the quantity of stock withdrawn does not exceed
  71-10  the equivalent of 15 cases of 24 12-ounce containers.
  71-11        (f)  A consignment sale of an alcoholic beverage is not
  71-12  authorized under  Subsection (e) of this section.
  71-13        SECTION 78.  Section 105.02(a), Alcoholic Beverage Code, is
  71-14  amended to read as follows:
  71-15        (a)  Except as provided by Subsection (b) of this section, a
  71-16  wholesaler or a local distributor's permittee may sell, offer for
  71-17  sale, or deliver liquor with a prior order to a retailer at any
  71-18  convenient time <between 7 a. m. and 9 p. m.> on any day except
  71-19  Sunday and Christmas Day.
  71-20        SECTION 79.  Section 105.03(b), Alcoholic Beverage Code, is
  71-21  amended to read as follows:
  71-22        (b)  A mixed beverage permittee may sell and offer for sale
  71-23  mixed beverages between 7 a.m. and midnight on any day except
  71-24  Sunday.  On Sunday he may sell mixed beverages between midnight and
  71-25  1:00 a.m. and between 10 a.m. <noon> and midnight, except that an
  71-26  alcoholic beverage served to a customer between 10 a.m. and 12 noon
  71-27  on Sunday must be provided during the service of food to the
   72-1  customer.
   72-2        SECTION 80.  Section 105.04, Alcoholic Beverage Code, is
   72-3  amended to read as follows:
   72-4        Sec. 105.04.  Hours of Sale:  Wine and Beer Retailer.  The
   72-5  hours of sale and delivery for alcoholic beverages sold under a
   72-6  wine and beer retailer's permit or a wine and beer retailer's
   72-7  off-premise permit are the same as those prescribed for the sale of
   72-8  beer under Section 105.05 of this code, except that no sale shall
   72-9  be allowed between 2 a.m. and noon on Sunday.
  72-10        SECTION 81.  Section 105.05(b), Alcoholic Beverage Code, is
  72-11  amended to read as follows:
  72-12        (b)  A person may sell, offer for sale, or deliver beer
  72-13  between 7 a.m.  and midnight on any day except Sunday.  On Sunday
  72-14  he may sell beer between midnight and 1:00 a.m. and between noon
  72-15  and midnight, except that permittees or licensees authorized to
  72-16  sell for on-premise consumption may sell beer between 10:00 a.m.
  72-17  and noon if the beer is served to a customer during the service of
  72-18  food to the customer.
  72-19        SECTION 82.  Section 106.02(c), Alcoholic Beverage Code, is
  72-20  amended to read as follows:
  72-21        (c)  If a person has been previously convicted of a violation
  72-22  of this section, or of Section 106.04 or 106.05 of this code, a
  72-23  violation is a misdemeanor punishable by a fine of not less than
  72-24  $250 <$100> nor more than $1,000 <$500>.
  72-25        SECTION 83.  Chapter 106, Alcoholic Beverage Code, is amended
  72-26  by adding Section 106.025 to read as follows:
  72-27        Sec. 106.025.  ATTEMPT TO PURCHASE ALCOHOL BY A MINOR.  (a)
   73-1  A minor commits an offense if, with specific intent to commit an
   73-2  offense under Section 106.02 of this code, the minor does an act
   73-3  amounting to more than mere preparation that tends but fails to
   73-4  effect the commission of the offense intended.
   73-5        (b)  Except as provided by Subsection (c) of this section, a
   73-6  violation of this section is a misdemeanor punishable by a fine of
   73-7  not less than $25 nor more than $200.
   73-8        (c)  If a person has previously been convicted of a violation
   73-9  of this section, a violation is a misdemeanor punishable by a fine
  73-10  of not less than $250 nor more than $1,000.
  73-11        SECTION 84.  Section 106.04(d), Alcoholic Beverage Code, is
  73-12  amended to read as follows:
  73-13        (d)  If a person has been previously convicted of a violation
  73-14  of this section, or of Section 106.02 or 106.05 of this code, a
  73-15  violation is a misdemeanor punishable by a fine of not less than
  73-16  $500 <$100> nor more than $1,000 <$500>.
  73-17        SECTION 85.  Section 106.05(d), Alcoholic Beverage Code, is
  73-18  amended to read as follows:
  73-19        (d)  If a person has been previously convicted of a violation
  73-20  of this section, or of Section 106.02 or 106.04 of this code, a
  73-21  violation is a misdemeanor punishable by a fine of not less than
  73-22  $500 <$100> nor more than $1,000 <$500>.
  73-23        SECTION 86.  Section 106.06(a), Alcoholic Beverage Code, is
  73-24  amended to read as follows:
  73-25        (a)  Except as provided in Subsection (b) of this section, a
  73-26  person commits an offense if he purchases an alcoholic beverage for
  73-27  or gives or with criminal negligence <knowingly> makes available an
   74-1  alcoholic beverage to a minor.
   74-2        SECTION 87.  Section 106.115, Alcoholic Beverage Code, is
   74-3  amended to read as follows:
   74-4        Sec. 106.115.  Attendance at Alcohol Awareness
   74-5  Course;  LICENSE SUSPENSION.  (a)  On the first conviction of a
   74-6  minor of an offense under Section 106.02, 106.04, or 106.05 of this
   74-7  code, the court, in addition to <instead of> assessing a fine as
   74-8  provided by those sections, may require the defendant to attend an
   74-9  alcohol awareness course approved by the Texas Commission on
  74-10  Alcohol and Drug Abuse <or a similar alcohol awareness course
  74-11  approved by the court>.  If the defendant is younger than 18 years
  74-12  of age, the parent or guardian of the defendant may attend the
  74-13  course with the defendant.  The court shall require the defendant
  74-14  to present evidence to the court, in the manner prescribed by the
  74-15  court, of satisfactory participation in and completion of the
  74-16  course.
  74-17        (b)  If the conviction under Section 106.02, 106.04, or
  74-18  106.05 of this code is for a second or subsequent offense, the
  74-19  court shall require the defendant to participate in an alcohol
  74-20  awareness course in addition to paying the fine assessed under that
  74-21  section.  If the defendant is younger than 18 years of age, the
  74-22  parent or guardian of the defendant may attend the course with the
  74-23  defendant.
  74-24        (c)  If the defendant resides in a rural or other area in
  74-25  which access to an alcohol awareness course is not readily
  74-26  available, the court may require the defendant to perform eight to
  74-27  12 hours of community service instead of participating in an
   75-1  alcohol awareness course.
   75-2        (d)  When requested, an alcohol awareness course may be
   75-3  taught in languages other than English.
   75-4        (e)  If the court orders a defendant to attend an alcohol
   75-5  awareness course or to perform community service, the court shall
   75-6  require the defendant to present to the court, within 90 days of
   75-7  the date of final conviction, evidence in the form prescribed by
   75-8  the court that the defendant, as ordered by the court, has
   75-9  satisfactorily completed an alcohol awareness course or performed
  75-10  the required hours of community service.
  75-11        SECTION 88.  Section 106.13(a), Alcoholic Beverage Code, is
  75-12  amended to read as follows:
  75-13        (a)  Except as provided in Subsections (b) and (c) of this
  75-14  section, the commission or administrator may cancel or suspend for
  75-15  not more than 60 days a retail license or permit or a private club
  75-16  registration permit if it is found, on notice and hearing, that the
  75-17  licensee or permittee with criminal negligence <knowingly> sold,
  75-18  served, dispensed, or delivered an alcoholic beverage to a minor in
  75-19  violation of this code or with criminal negligence <knowingly>
  75-20  permitted a minor to violate Section 106.04 or 106.05 of this code
  75-21  on the licensed premises.
  75-22        SECTION 89.  Section 106.13(b), Alcoholic Beverage Code, is
  75-23  amended to read as follows:
  75-24        (b)  For a second offense the commission or administrator
  75-25  shall <may> cancel the license or permit <or suspend it for not
  75-26  more than three months.  For a third offense within a period of 36
  75-27  consecutive months the commission or administrator may cancel the
   76-1  permit or suspend it for not more than 12 months>.
   76-2        SECTION 90.  Section 106.14, Alcoholic Beverage Code, is
   76-3  amended by adding Subsection (d) to read as follows:
   76-4        (d)  The commission may approve under this section a seller
   76-5  training program conducted by a hotel management company or a hotel
   76-6  operating company for the employees of five or more hotels operated
   76-7  or managed by the company if:
   76-8              (1)  the seller training program is administered
   76-9  through the corporate offices of the company; and
  76-10              (2)  the hotels employ a total of at least 200 persons
  76-11  at one time during the license or permit year who sell, serve, or
  76-12  prepare alcoholic beverages.
  76-13        SECTION 91.  Chapter 106, Alcoholic Beverage Code, is amended
  76-14  by adding Section 106.15 to read as follows:
  76-15        Sec. 106.15.  EMPLOYMENT HARMFUL TO PERSONS YOUNGER THAN 21.
  76-16  (a)  The commission or administrator shall cancel a license or
  76-17  permit issued under this code if the holder of the license or
  76-18  permit:
  76-19              (1)  employs, authorizes, or induces a person younger
  76-20  than 21 years of age to work on the holder's premises:
  76-21                    (A)  in a sexually oriented commercial activity;
  76-22  or
  76-23                    (B)  in any place of business permitting,
  76-24  requesting, or requiring a person to work nude or topless.
  76-25        (b)  In this section:
  76-26              (1)  "Nude" means a person who is:
  76-27                    (A)  entirely unclothed; or
   77-1                    (B)  clothed in a manner that leaves uncovered or
   77-2  visible through less than fully opaque clothing any portion of the
   77-3  breasts below the top of the areola of the breasts, if the person
   77-4  is female, or any portion of the genitals or buttocks.
   77-5              (2)  "Sexually oriented commercial activity" has the
   77-6  meaning assigned that term by Section 43.251, Penal Code.
   77-7              (3)  "Topless" means a female person clothed in a
   77-8  manner that leaves uncovered or visible through less than fully
   77-9  opaque clothing any portion of her breasts below the top of the
  77-10  areola.
  77-11        SECTION 92.  Chapter 107, Alcoholic Beverage Code, is amended
  77-12  by adding Sections 107.09, 107.10, and 107.11 to read as follows:
  77-13        Sec. 107.09.  SINGLE INVOICE AUTHORIZED.  If the holder of a
  77-14  general, local, or branch distributor's license also holds a
  77-15  wholesaler's, general class B wholesaler's, or local class B
  77-16  wholesaler's permit, a written statement or invoice required as
  77-17  evidence of the sale of beer or liquor may be on the same business
  77-18  form that is designed to reflect the sale of both liquor and beer,
  77-19  if all information required by this code to be shown on a statement
  77-20  or invoice is reflected on the form and all other records required
  77-21  by this code are maintained.
  77-22        Sec. 107.10.  TRANSPORTATION OF WINE COOLERS OR SPIRIT
  77-23  COOLERS.  (a)  A holder of a wholesaler's, general class B
  77-24  wholesaler's, or local class B wholesaler's permit may transport
  77-25  and sell wine coolers without further authorization if the holder
  77-26  complies with the provisions of this code and rules of the
  77-27  commission applicable to the transportation and sale of beer by a
   78-1  holder of a distributor's license.
   78-2        (b)  A holder of a wholesaler's permit may transport and sell
   78-3  spirit coolers without further authorization if the holder complies
   78-4  with the provisions of this code and rules of the commission
   78-5  applicable to the transportation and sale of beer by a holder of a
   78-6  distributor's license.
   78-7        Sec. 107.11.  IMPORTATION OF PERSONAL WINE COLLECTION.  (a)
   78-8  A person who is relocating a household may import, or contract with
   78-9  a motor carrier or another person to import, a personal wine
  78-10  collection as a part of that person's household goods.
  78-11        (b)  Section 107.07 of this code does not apply to a person
  78-12  who is importing a personal wine collection under Subsection (a) of
  78-13  this section.
  78-14        SECTION 93.  Section 108.03, Alcoholic Beverage Code, is
  78-15  amended to read as follows:
  78-16        Sec. 108.03.  Regulation of Promotional Activities.  The
  78-17  commission shall adopt rules permitting and regulating the use of
  78-18  business cards, menu cards, stationery, service vehicles and
  78-19  equipment, and delivery vehicles and equipment that bear alcoholic
  78-20  beverage advertising.  The commission shall also adopt rules
  78-21  permitting and regulating the use of insignia advertising beer,
  78-22  distilled spirits, or wine by brand name on caps, regalia, or
  78-23  uniforms worn by employees of manufacturers, <or> distributors,
  78-24  distillers, or wineries or by participants in a game, sport,
  78-25  athletic contest, or revue if the participants are sponsored by a
  78-26  manufacturer, <or> distributor, distiller, or winery.
  78-27        SECTION 94.  Section 108.51(1), Alcoholic Beverage Code, is
   79-1  amended to read as follows:
   79-2              (1)  "Outdoor advertising" means any sign bearing a
   79-3  word, mark, description, or other device that is used to advertise
   79-4  an alcoholic beverage or the business of a person who manufactures,
   79-5  sells, or distributes an alcoholic beverage if the sign is
   79-6  displayed outside the walls or enclosure of a building or structure
   79-7  where a license or permit is issued or if it is displayed inside a
   79-8  building but within five feet of an exterior wall facing a street
   79-9  or highway so that it is visible by a person of ordinary vision
  79-10  from outside the building.  "Outdoor advertising" does not include
  79-11  advertising appearing on radio or television, in a public vehicular
  79-12  conveyance for hire, on a race car while participating at a
  79-13  professional racing event or at a permanent motorized racetrack
  79-14  facility, on a boat participating in a racing event or a boat show,
  79-15  on an aircraft participating in an air show, on a bicycle or on the
  79-16  clothing of a member of a bicycle team participating in an
  79-17  organized bicycle race, or in a newspaper, magazine, or other
  79-18  literary publication published periodically.  For the purpose of
  79-19  this definition the word "sign," with respect to a retailer, does
  79-20  not include an identifying label affixed to a container as
  79-21  authorized by law or to a card or certificate of membership in an
  79-22  association or organization if the card or certificate is not
  79-23  larger than 80 square inches.
  79-24        SECTION 95.  Section 109.02, Alcoholic Beverage Code, is
  79-25  amended to read as follows:
  79-26        Sec. 109.02.  Registration of Beverages With Commission.
  79-27  Immediately after taking possession of the alcoholic beverages, the
   80-1  insurer or insurance salvor shall register them with the
   80-2  commission, furnishing the commission a detailed inventory and the
   80-3  exact location of the beverages.  At the time of registration, the
   80-4  registrant shall post with the commission a surety bond in an
   80-5  amount that the administrator finds adequate to protect the state
   80-6  against the taxes due on the beverages, if any are due.  The
   80-7  registrant shall remit with the registration a fee set by the
   80-8  commission <of $10>.  The fee only permits the sale of the
   80-9  beverages listed in the registration.
  80-10        SECTION 96.  Subchapter A, Chapter 109, Alcoholic Beverage
  80-11  Code, is amended by adding Section 109.08 to read as follows:
  80-12        Sec. 109.08.  EXCLUSION.  Notwithstanding any other provision
  80-13  of this code, a distiller, brewer, manufacturer, winery, or other
  80-14  manufacturing level producer of liquor or beer, or wholesalers of
  80-15  the distiller, brewer, manufacturer, winery, or other manufacturing
  80-16  level producer, may not directly, indirectly, or through an
  80-17  affiliate require, by agreement or otherwise, that a retailer
  80-18  engaged in the sale of liquor or beer purchase liquor or beer
  80-19  exclusively or partially from the distiller, brewer, manufacturer,
  80-20  winery, or other manufacturing level producer or restrict the
  80-21  retailer from purchasing liquor or beer from other manufacturers or
  80-22  distributors.
  80-23        SECTION 97.  Section 109.33, Alcoholic Beverage Code, is
  80-24  amended by adding Subsection (f) to read as follows:
  80-25        (f)  The commissioners court of a county may enact
  80-26  regulations applicable in areas in the county outside a
  80-27  municipality, and the governing body of a municipality may enact
   81-1  regulations applicable in the municipality, prohibiting the sale of
   81-2  alcoholic beverages on the premises of a sexually oriented business
   81-3  that is within 3,000 feet of a church, school, hospital,
   81-4  playground, athletic field used by persons under 18 years of age,
   81-5  residential neighborhood, or other property the commissioners court
   81-6  or governing body finds to be inconsistent with the operation of a
   81-7  sexually oriented business.  For the purposes of this subsection,
   81-8  the measurement of the distance between the place of business where
   81-9  alcoholic beverages are sold and the property involved is from the
  81-10  nearest property line of the property to the nearest doorway by
  81-11  which the public may enter the place of business, along street
  81-12  lines and in direct line across intersections.
  81-13        SECTION 98.  Subchapter C, Chapter 109, Alcoholic Beverage
  81-14  Code, is amended by adding Section 109.35 to read as follows:
  81-15        Sec. 109.35.  LOCAL REGULATION OF PUBLIC CONSUMPTION OF
  81-16  ALCOHOLIC BEVERAGES.  (a)  The governing body of a municipality in
  81-17  which there is an area or areas in which the public consumption or
  81-18  possession of alcoholic beverages is determined by the governing
  81-19  body to be a risk to the health and safety of the citizens of the
  81-20  municipality may petition for the adoption of an order by the
  81-21  commission under this section that prohibits the public consumption
  81-22  or possession of alcoholic beverages in that area.
  81-23        (b)  A municipality's petition for an order under this
  81-24  section must:
  81-25              (1)  define the nature and extent of the problem of
  81-26  public consumption of alcoholic beverages;
  81-27              (2)  include a finding that existing ordinances are not
   82-1  sufficient to alleviate the problem and the reasons for that
   82-2  finding;
   82-3              (3)  identify the area in which the prohibition is
   82-4  sought to be imposed; and
   82-5              (4)  provide that signs are to be posted in the area of
   82-6  prohibition notifying the public of the prohibition.
   82-7        (c)  A prohibition on the public consumption or possession of
   82-8  alcoholic beverages contained in an order adopted by the commission
   82-9  under this section:
  82-10              (1)  may not prohibit the consumption of alcoholic
  82-11  beverages in motor vehicles, buildings, residential structures, or
  82-12  licensed premises located in the area of prohibition; and
  82-13              (2)  if requested by the municipality, shall provide
  82-14  for fines and penalties enforceable in a municipal court for
  82-15  violations of the prohibition.
  82-16        (d)  The commission may decide to hold a public hearing on
  82-17  the petition and the proposed order before approving the order.  If
  82-18  the commission finds that the proposed order complies with the
  82-19  requirements of this section, the commission shall issue the order
  82-20  and authorize its implementation by the municipality.
  82-21        (e)  Except as provided by Subsection (f) of this section, a
  82-22  municipality may not prohibit the public consumption or possession
  82-23  of alcoholic beverages without complying with the requirements of
  82-24  this section.
  82-25        (f)  Notwithstanding the requirements of this section, a
  82-26  municipality has the authority to prohibit or limit the consumption
  82-27  or possession of alcoholic beverages on land or in parks or in
   83-1  buildings owned, leased, or otherwise controlled by the
   83-2  municipality and used for municipal purposes.
   83-3        SECTION 99.  Section 109.53, Alcoholic Beverage Code, is
   83-4  amended to read as follows:
   83-5        Sec. 109.53.  Citizenship of Permittee; Control of Premises;
   83-6  Subterfuge Ownership; Etc.  No person who has not been a citizen of
   83-7  Texas for a period of one year <three years> immediately preceding
   83-8  the filing of his application therefor shall be eligible to receive
   83-9  a permit under this code.  No permit except a brewer's permit, and
  83-10  such other licenses and permits as are necessary to the operation
  83-11  of a brewer's permit, shall be issued to a corporation unless the
  83-12  same be incorporated under the laws of the state and unless at
  83-13  least 51 percent of the stock of the corporation is owned at all
  83-14  times by citizens who have resided within the state for a period of
  83-15  one year <three years> and who possess the qualifications required
  83-16  of other applicants for permits; provided, however, that the
  83-17  restrictions contained in the preceding clause shall not apply to
  83-18  domestic or foreign corporations that were engaged in the legal
  83-19  alcoholic beverage business in this state under charter or permit
  83-20  prior to August 24, 1935.  Partnerships, firms, and associations
  83-21  applying for permits shall be composed wholly of citizens
  83-22  possessing the qualifications above enumerated.  Any corporation
  83-23  (except carrier) holding a permit under this code which shall
  83-24  violate any provisions hereof, or any rule or regulation
  83-25  promulgated hereunder, shall be subject to forfeiture of its
  83-26  charter and it shall be the duty of the attorney general, when any
  83-27  such violation is called to his attention, to file a suit for such
   84-1  cancellation in a district court of Travis County.  Such provisions
   84-2  of this section as require Texas citizenship or require
   84-3  incorporation in Texas shall not apply to the holders of agent's,
   84-4  industrial, medicinal and carrier's permits.  No person shall sell,
   84-5  warehouse, store or solicit orders for any liquor in any wet area
   84-6  without first having procured a permit of the class required for
   84-7  such privilege, or consent to the use of or allow his permit to be
   84-8  displayed by or used by any person other than the one to whom the
   84-9  permit was issued.  It is the intent of the legislature to prevent
  84-10  subterfuge ownership of or unlawful use of a permit or the premises
  84-11  covered by such permit; and all provisions of this code shall be
  84-12  liberally construed to carry out this intent, and it shall be the
  84-13  duty of the commission or the administrator to provide strict
  84-14  adherence to the general policy of preventing subterfuge ownership
  84-15  and related practices hereinafter declared to constitute unlawful
  84-16  trade practices.  No applicant for a package store permit or a
  84-17  renewal thereof shall have authority to designate as "premise" and
  84-18  the commission or administrator shall not approve a lesser area
  84-19  than that specifically defined as "premise" in Section 11.49(a) of
  84-20  this code.  Every permittee shall have and maintain exclusive
  84-21  occupancy and control of the entire licensed premises in every
  84-22  phase of the storage, distribution, possession, and transportation
  84-23  and sale of all alcoholic beverages purchased, stored or sold on
  84-24  the licensed premises.  Any device, scheme or plan which surrenders
  84-25  control of the employees, premises or business of the permittee to
  84-26  persons other than the permittee shall be unlawful.  No minor,
  84-27  unless accompanied by his or her parent, guardian, adult husband or
   85-1  adult wife, or other adult person into whose custody he or she has
   85-2  been committed for the time by some court, shall knowingly be
   85-3  allowed on the premises of the holder of a package store permit.
   85-4  The prohibition against the presence of a minor on the premises of
   85-5  the holder of a package store permit does not apply to the presence
   85-6  on the premises of the holder or a person lawfully employed by the
   85-7  holder.  Any package store permittee who shall be injured in his
   85-8  business or property by another package store permittee by reason
   85-9  of anything prohibited in this section may institute suit in any
  85-10  district court in the county wherein the violation is alleged to
  85-11  have occurred to require enforcement by injunctive procedures
  85-12  and/or to recover threefold the damages by him sustained; plus
  85-13  costs of suit including a reasonable attorney's fee.  The
  85-14  provisions prohibiting the licensing of only a portion of a
  85-15  building as premise for a package store permit shall not apply to
  85-16  hotels as already defined in this code.
  85-17        SECTION 100.  Subchapter D, Chapter 109, Alcoholic Beverage
  85-18  Code, is amended by adding Sections 109.531 and 109.532 to read as
  85-19  follows:
  85-20        Sec. 109.531.  ADDITIONAL REQUIREMENTS FOR APPLICATION OR
  85-21  RENEWAL OF PERMIT OR LICENSE BY OUT-OF-STATE RESIDENTS.  In
  85-22  addition to any other requirement for a license or permit under
  85-23  this code, a person who has not been a citizen of this state for a
  85-24  period of three years preceding the date the person filed an
  85-25  application for a permit or license under Chapters 25-34, 44,
  85-26  48-51, or 69-72 of this code shall:
  85-27              (1)  designate an agent, who is a citizen of this
   86-1  state, to represent the person in matters before the commission and
   86-2  to be responsible for the proper conduct of any activity of the
   86-3  licensee or permittee; and
   86-4              (2)  submit to a criminal history background check.
   86-5        Sec. 109.532.  CRIMINAL HISTORY BACKGROUND CHECKS.  (a)  The
   86-6  commission shall establish a uniform method of obtaining criminal
   86-7  history information.  The uniform method must require:
   86-8              (1)  either a complete set of fingerprints or the
   86-9  complete name of the person being investigated to be submitted to
  86-10  the Department of Public Safety or to another law enforcement
  86-11  agency; and
  86-12              (2)  if fingerprints are submitted, the fingerprints
  86-13  must be submitted to the Federal Bureau of Investigation for
  86-14  further information if a relevant disqualifying record or other
  86-15  substantive information is not obtained from a state or local law
  86-16  enforcement agency.
  86-17        (b)  The commission may deny a license or permit or the
  86-18  renewal of a license or permit for an applicant if:
  86-19              (1)  the commission determines that a previous criminal
  86-20  conviction or deferred adjudication indicates that the applicant is
  86-21  not qualified or suitable for a license or permit; or
  86-22              (2)  the applicant fails to provide a complete set of
  86-23  fingerprints if the commission establishes that method of obtaining
  86-24  conviction information.
  86-25        (c)  All criminal history information received by the
  86-26  commission is privileged information and is for the exclusive use
  86-27  of the commission.  The information may be released or otherwise
   87-1  disclosed to any other person or agency only:
   87-2              (1)  on court order; or
   87-3              (2)  with the consent of the person being investigated.
   87-4        (d)  The commission shall collect and destroy criminal
   87-5  history information relating to a person immediately after the
   87-6  commission makes a decision on the eligibility of the person for
   87-7  registration.
   87-8        (e)  A person commits an offense if the person releases or
   87-9  discloses in violation of this section criminal history information
  87-10  received by the commission.  An offense under this subsection is a
  87-11  felony of the second degree.
  87-12        (f)  The commission may charge a fee to cover the cost of a
  87-13  criminal history background check.
  87-14        SECTION 101.  Subchapter D, Chapter 109, Alcoholic Beverage
  87-15  Code, is amended by adding  Section 109.58 to read as follows:
  87-16        Sec. 109.58.  RELAXATION OF RESTRICTIONS AS TO CHARITABLE
  87-17  EVENTS.  The commission by rule may set definite limitations
  87-18  consistent with the general provisions of this code that relax the
  87-19  restrictions of this code with respect to the making of a gift to
  87-20  civic, religious, or charitable organizations by the liquor or the
  87-21  wine industry.
  87-22        SECTION 102.  Subchapter A, Chapter 201, Alcoholic Beverage
  87-23  Code, is amended by adding Section 201.011 to read as follows:
  87-24        Sec. 201.011.  TIMELY FILING:  DILIGENCE.  A person filing a
  87-25  report or making a tax payment complies with the filing
  87-26  requirements for timeliness for a report not filed or a payment not
  87-27  made on time if the person exercised reasonable diligence to comply
   88-1  with the filing requirements and the failure to file or the making
   88-2  of a late payment is not the fault of the person.
   88-3        SECTION 103.  Subchapter A, Chapter 201, Alcoholic Beverage
   88-4  Code, is amended by adding Section 201.075 to read as follows:
   88-5        Sec. 201.075.  SUMMARY SUSPENSION.  (a)  The commission may
   88-6  summarily suspend, without a hearing, the permit of a permittee who
   88-7  fails to file a report or return or to make a tax payment required
   88-8  by this subchapter.  The Administrative Procedure and Texas
   88-9  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) does
  88-10  not apply to the commission in the enforcement and administration
  88-11  of this section.
  88-12        (b)  A suspension under this section takes effect on the
  88-13  third day after the date the notice of suspension is given.  The
  88-14  notice shall be given to the permittee or the permittee's agent or
  88-15  employee by registered or certified mail if not given in person.
  88-16        (c)  The commission shall terminate a suspension made under
  88-17  this section when the permittee files all required returns and
  88-18  makes all required tax payments that are due.
  88-19        SECTION 104.  Subchapter B, Chapter 201, Alcoholic Beverage
  88-20  Code, is amended by adding Section 201.53 to read as follows:
  88-21        Sec. 201.53.  SUMMARY SUSPENSION.  (a)  The commission may
  88-22  summarily suspend, without a hearing, the permit of a permittee who
  88-23  fails to file a report or return or to make a tax payment required
  88-24  by this subchapter.  The Administrative Procedure and Texas
  88-25  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) does
  88-26  not apply to the commission in the enforcement and administration
  88-27  of this section.
   89-1        (b)  A suspension under this section takes effect on the
   89-2  third day after the date the notice of suspension is given.  The
   89-3  notice shall be given to the permittee or the permittee's agent or
   89-4  employee by registered or certified mail if not given in person.
   89-5        (c)  The commission shall terminate a suspension made under
   89-6  this section when the permittee files all required returns and
   89-7  makes all required tax payments that are due.
   89-8        SECTION 105.  Chapter 203, Alcoholic Beverage Code, is
   89-9  amended by adding Section 203.13 to read as follows:
  89-10        Sec. 203.13.  SUMMARY SUSPENSION.  (a)  The commission may
  89-11  summarily suspend, without a hearing, the permit of a permittee who
  89-12  fails to file a report or return or to make a tax payment required
  89-13  by this subchapter.  The Administrative Procedure and Texas
  89-14  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) does
  89-15  not apply to the commission in the enforcement and administration
  89-16  of this section.
  89-17        (b)  A suspension under this section takes effect on the
  89-18  third day after the date the notice of suspension is given.  The
  89-19  notice shall be given to the permittee or the permittee's agent or
  89-20  employee by registered or certified mail if not given in person.
  89-21        (c)  The commission shall terminate a suspension made under
  89-22  this section when the permittee files all required returns and
  89-23  makes all required tax payments that are due.
  89-24        SECTION 106.  Sections 204.01(a), (b), (c), (d), (f), (g),
  89-25  (h), and (i), Alcoholic Beverage Code, are amended to read as
  89-26  follows:
  89-27        (a)  Except as otherwise provided in this section, the
   90-1  following licensees and permittees shall furnish a bond:
   90-2              (1)  those authorized to import alcoholic beverages
   90-3  into the state;
   90-4              (2)  manufacturers of beer and brewers of ale or malt
   90-5  liquor in the state; and
   90-6              (3)  <permittees subject to the gross receipts tax on
   90-7  mixed beverages imposed by Section 202.02 of this code; and>
   90-8              <(4)>  all other permittees.
   90-9        (b)  No bond is required of a holder of a mixed beverage,
  90-10  private club registration, carriers, local cartage, wine and beer
  90-11  retailers, nonresident seller's, manufacturer's agent's, or agent's
  90-12  permit.
  90-13        (c)  No bond is required of a retail licensee or permittee
  90-14  who is not responsible for the primary payment of an alcoholic
  90-15  beverage excise tax to this state.  <This subsection does not
  90-16  exempt permittees subject to the gross receipts tax on mixed
  90-17  beverages imposed by Section 202.02 of this code.>
  90-18        (d)  The  <A permittee required to furnish a bond to secure
  90-19  the payment of the gross receipts tax on mixed beverages, the>
  90-20  holder of a wholesaler's or class B wholesaler's permit, or the
  90-21  holder of a distributor's license may furnish, in lieu of all or
  90-22  part of the amount of the bond required:
  90-23              (1)  one or more certificates of deposit or savings
  90-24  assigned to the state, issued by one or more banks or savings
  90-25  institutions authorized to do business in this state; or
  90-26              (2)  one or more letters of credit issued by one or
  90-27  more banks or savings institutions authorized to do business in
   91-1  this state.
   91-2        (f)  The  <A permittee subject to the gross receipts tax on
   91-3  mixed beverages imposed by Section 202.02 of this code, the> holder
   91-4  of a wholesaler's or class B wholesaler's permit, or the holder of
   91-5  a distributor's license is not required to furnish a bond if for
   91-6  the preceding 36 months the permittee or licensee has paid all
   91-7  taxes and fees required by this code on or before the due date.  <A
   91-8  finding of deficiency under Section 202.09 of this code does not
   91-9  constitute a failure to pay a tax when due for purposes of this
  91-10  subsection or Subsection (g) or (h) of this section if the
  91-11  deficiency and any applicable penalty are paid within 10 days of
  91-12  the date of demand for payment by the commission.>
  91-13        (g)  An exemption under Subsection (f) of this section
  91-14  terminates and the permittee or licensee must furnish a bond or tax
  91-15  security if the permittee or licensee fails to pay a tax or fee
  91-16  imposed by this code on or before the due date.
  91-17        (h)  A permittee or licensee required to furnish a bond or
  91-18  tax security under Subsection (g) of this section is again entitled
  91-19  to exemption from the surety requirement if the permittee or
  91-20  licensee:
  91-21              (1)  pays all delinquent taxes and fees and any
  91-22  applicable penalties; and
  91-23              (2)  pays all taxes and fees required by this code on
  91-24  or before the due date for 18 consecutive months after the month in
  91-25  which the delinquent taxes and fees and the penalties are paid.
  91-26        (i)  A permittee or licensee who qualifies for an exemption
  91-27  under Subsection (f) of this section is also exempt from the
   92-1  bonding requirement for any other <mixed beverage permit,>
   92-2  wholesaler's permit, class B wholesaler's permit, or distributor's
   92-3  license currently held by or subsequently issued to the same
   92-4  permittee or licensee for use at licensed premises different from
   92-5  and additional to those covered by the permit or license under
   92-6  which the permittee or licensee qualified for exemption.  However,
   92-7  if a permittee or licensee fails to pay a tax or fee imposed by
   92-8  this code on or before the due date and the permittee or licensee
   92-9  holds multiple permits or licenses, the requirement for a bond or
  92-10  tax security shall be imposed or reimposed under Subsection (g) of
  92-11  this section only on the permit or license covering the licensed
  92-12  premises for which the tax or fee and any applicable penalty were
  92-13  not timely paid.
  92-14        SECTION 107.  Section 204.03(d), Alcoholic Beverage Code, is
  92-15  amended to read as follows:
  92-16        (d)  Bonds, letters of credit, or certificates of deposit to
  92-17  insure the payment of the tax on distilled spirits imposed by
  92-18  Section 201.03 of this code, the tax on vinous liquor imposed by
  92-19  Section 201.04 of this code, the tax on ale and malt liquor imposed
  92-20  by Section 201.42 of this code, or the tax on beer imposed by
  92-21  Section 203.01 of this code, shall be set at an amount that will
  92-22  protect the state against the anticipated tax liability of the
  92-23  principal for any six-week period.
  92-24        SECTION 108.  Chapter 204, Alcoholic Beverage Code, is
  92-25  amended by adding Section 204.06 to read as follows:
  92-26        Sec. 204.06.  COMPREHENSIVE WINERY BOND.  A person who holds
  92-27  both a winery permit and a wine bottler's permit may execute a
   93-1  single bond in an amount determined by the commission instead of
   93-2  multiple bonds to secure the performance of different activities by
   93-3  the holder.
   93-4        SECTION 109.  Sections 206.01(a) and (b), Alcoholic Beverage
   93-5  Code, are amended to read as follows:
   93-6        (a)  A permittee who distills, rectifies, manufactures, or
   93-7  receives any liquor shall make and keep a record of each day's
   93-8  production or receipt of liquor and the amount of tax stamps
   93-9  purchased by the permittee.  A permittee other than a retailer
  93-10  shall make and keep a record of each sale of liquor and to whom the
  93-11  sale is made.  Each transaction shall be entered on the day it
  93-12  occurs.  Permittees shall make and keep any other records required
  93-13  by the commission.  All required records shall be kept available
  93-14  for inspection by the commission or its authorized representatives
  93-15  for at least four <two> years.
  93-16        (b)  No person may fail or refuse to make and retain for at
  93-17  least four <two> years any record required by this section.
  93-18        SECTION 110.  Chapter 206, Alcoholic Beverage Code, is
  93-19  amended by adding Sections 206.08 and 206.09 to read as follows:
  93-20        Sec. 206.08.  COORDINATION OF AUDITS.  (a)  Before the agency
  93-21  responsible for collecting a tax makes a demand to a licensee or
  93-22  permittee for any taxes due, as established by an audit, the agency
  93-23  shall:
  93-24              (1)  hold an informal conference with the licensee or
  93-25  permittee to discuss the audit and the rights of the permittee or
  93-26  licensee to both an informal and formal appeal of the taxes due;
  93-27              (2)  review the audit in the agency headquarters with
   94-1  the office of quality control to ensure that the uniform
   94-2  application of audit standards has been applied in all aspects to
   94-3  the audit; and
   94-4              (3)  send a certified letter stating the amount of
   94-5  taxes owed by the licensee or permittee, the amount of the
   94-6  delinquency, and the proper procedure to appeal the decision.
   94-7        (b)  On issuance or renewal of a mixed beverage permit or a
   94-8  private club registration permit, the agency responsible for
   94-9  collecting a tax shall provide in writing to the permittee
  94-10  information on the permittee's rights to appeal an audit, the
  94-11  address of the auditing agency's office of quality control, and a
  94-12  telephone number of the entity where a permittee may direct
  94-13  questions regarding tax matters or audits.
  94-14        (c)  The agency responsible for collecting a tax shall
  94-15  annually update and review all audit manuals to ensure compliance
  94-16  with national audit standards and impartiality and provide audit
  94-17  training to auditors responsible for auditing tax accounts.  The
  94-18  agency may expend funds necessary to ensure adequate training of
  94-19  agency auditors or trainers to provide the standardization of
  94-20  audits throughout the state.
  94-21        Sec. 206.09.  CONTESTS OF TAXABLE AMOUNTS OWED.  (a)  A
  94-22  licensee or permittee contesting the amount of taxes owed, after
  94-23  receiving a demand for payment of taxes due from the agency
  94-24  responsible for collecting a tax, is entitled to a hearing under
  94-25  the Administrative Procedure and Texas Register Act (Article
  94-26  6252-13a, Vernon's Texas Civil Statutes).
  94-27        (b)  An appeal from a final order issued by the agency
   95-1  responsible for collecting a tax owed must be filed in Travis
   95-2  County.
   95-3        SECTION 111.  Subchapter A, Chapter 251, Alcoholic Beverage
   95-4  Code, is amended by adding Section 251.011 to read as follows:
   95-5        Sec. 251.011.  ELECTION IN CERTAIN CITIES AND TOWNS.  (a)
   95-6  The Commission by rule shall certify a certain incorporated city or
   95-7  town for local option elections that:
   95-8              (1)  is located in three or more counties, at least one
   95-9  of which has a population of 500,000 or more; and
  95-10              (2)  has within its boundaries all or part of an
  95-11  international airport.
  95-12        (b)  Any election conducted under this chapter in a city or
  95-13  town to which this section applies shall be conducted by the city
  95-14  or town instead of the county.  For the purposes of this section,
  95-15  in Subchapters A, B, and C of this chapter:
  95-16              (1)  a reference to the county is considered to refer
  95-17  to the city or town;
  95-18              (2)  a reference to the commissioners court is
  95-19  considered to refer to the governing body of the city or town;
  95-20              (3)  a reference to the county clerk or registrar of
  95-21  voters is considered to refer to the secretary of the city or town
  95-22  or, if the city or town does not have a secretary, to the person
  95-23  performing the functions of a secretary of the city or town; and
  95-24              (4)  a reference to the county judge is considered to
  95-25  refer to the mayor of the city or town or, if the city or town does
  95-26  not have a mayor, to the presiding officer of the governing body of
  95-27  the city or town.
   96-1        (c)  The city or town shall pay the expense of the election.
   96-2        (d)  An action to contest the election under Section 251.55
   96-3  of this code may be brought in the district court of any county in
   96-4  which the city or town is located.
   96-5        SECTION 112.  Sections 251.14(b), (c), (d), and (e),
   96-6  Alcoholic Beverage Code, are amended to read as follows:
   96-7        (b)  In areas where any type or classification of alcoholic
   96-8  beverages is prohibited and the issue submitted pertains to
   96-9  legalization of the sale of one or more of the prohibited types or
  96-10  classifications, the ballot shall be prepared to permit voting for
  96-11  or against one of the following issues:
  96-12              (1)  "The legal sale of beer for off-premise
  96-13  consumption only."
  96-14              (2)  "The legal sale of beer."
  96-15              (3)  "The legal sale of beer and wine for off-premise
  96-16  consumption only."
  96-17              (4)  "The legal sale of beer and wine."
  96-18              (5)  "The legal sale of all alcoholic beverages for
  96-19  off-premise consumption only."
  96-20              (6)  "The legal sale of all alcoholic beverages except
  96-21  mixed beverages."
  96-22              (7)  "The legal sale of all alcoholic beverages
  96-23  including mixed beverages."
  96-24              (8)  "The legal sale of mixed beverages."
  96-25              (9)  "The legal sale of wine produced at that winery on
  96-26  the premises of a holder of a winery permit for off-premise
  96-27  consumption only."
   97-1        (c)  In areas where the sale of all alcoholic beverages
   97-2  including mixed beverages has been legalized, the ballot shall be
   97-3  prepared to permit voting for or against one of the following
   97-4  issues in any prohibitory election:
   97-5              (1)  "The legal sale of beer for off-premise
   97-6  consumption only."
   97-7              (2)  "The legal sale of beer."
   97-8              (3)  "The legal sale of beer and wine for off-premise
   97-9  consumption only."
  97-10              (4)  "The legal sale of beer and wine."
  97-11              (5)  "The legal sale of all alcoholic beverages for
  97-12  off-premise consumption only."
  97-13              (6)  "The legal sale of all alcoholic beverages except
  97-14  mixed beverages."
  97-15              (7)  "The legal sale of all alcoholic beverages
  97-16  including mixed beverages."
  97-17              (8)  "The legal sale of mixed beverages."
  97-18              (9)  "The legal sale of wine produced at that winery on
  97-19  the premises of a holder of a winery permit for off-premise
  97-20  consumption only."
  97-21        (d)  In areas where the sale of all alcoholic beverages
  97-22  except mixed beverages has been legalized, the ballot shall be
  97-23  prepared to permit voting for or against one of the following
  97-24  issues in any prohibitory elections:
  97-25              (1)  "The legal sale of beer for off-premise
  97-26  consumption only."
  97-27              (2)  "The legal sale of beer."
   98-1              (3)  "The legal sale of beer and wine for off-premise
   98-2  consumption only."
   98-3              (4)  "The legal sale of beer and wine."
   98-4              (5)  "The legal sale of all alcoholic beverages for
   98-5  off-premise consumption only."
   98-6              (6)  "The legal sale of all alcoholic beverages except
   98-7  mixed beverages."
   98-8              (7)  "The legal sale of wine produced at that winery on
   98-9  the premises of a holder of a winery permit for off-premise
  98-10  consumption only."
  98-11        (e)  In areas where the sale of beverages containing alcohol
  98-12  not in excess of 14 percent by volume has been legalized, and those
  98-13  of higher alcoholic content are prohibited, the ballot shall be
  98-14  prepared to permit voting for or against one of the following
  98-15  issues in any prohibitory election:
  98-16              (1)  "The legal sale of beer for off-premise
  98-17  consumption only."
  98-18              (2)  "The legal sale of beer."
  98-19              (3)  "The legal sale of beer and wine for off-premise
  98-20  consumption only."
  98-21              (4)  "The legal sale of beer and wine."
  98-22              (5)  "The legal sale of wine produced at that winery on
  98-23  the premises of a holder of a winery permit for off-premise
  98-24  consumption only."
  98-25        SECTION 113.  Section 13.09, State Purchasing and General
  98-26  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  98-27  amended to read as follows:
   99-1        Sec. 13.09.  Application.  The state agencies subject to this
   99-2  article are:
   99-3              (1)  the Texas Department of Mental Health and Mental
   99-4  Retardation;
   99-5              (2)  the Texas Department of Human Services;
   99-6              (3)  the Texas Department of Criminal Justice;
   99-7              (4)  the Department of Agriculture;
   99-8              (5)  the Central Education Agency;
   99-9              (6)  the Texas Higher Education Coordinating Board;
  99-10              (7)  the State Department of Highways and Public
  99-11  Transportation;
  99-12              (8)  the Texas Alcoholic Beverage Commission; and
  99-13              (9) <(8)>  the commission.
  99-14        SECTION 114.  Subtitle G, Title 2, Tax Code, is amended by
  99-15  adding Chapter 183 to read as follows:
  99-16                   CHAPTER 183.  MIXED BEVERAGE TAX
  99-17                   SUBCHAPTER A.  GENERAL PROVISIONS
  99-18        Sec. 183.001.  DEFINITIONS.  (a)  The definitions in Section
  99-19  1.04, Alcoholic Beverage Code, apply to this chapter.
  99-20        (b)  In this chapter:
  99-21              (1)  "Permittee" means a mixed beverage permittee or a
  99-22  private club registration permittee.
  99-23              (2)  "Business day" means the period beginning at
  99-24  3 a.m. one day and ending at 3 a.m. the next day.
  99-25        Sec. 183.002.  APPLICATION OF CONFIDENTIALITY PROVISION.
  99-26  Section 111.006 does not apply to this chapter.
  99-27                   SUBCHAPTER B.  MIXED BEVERAGE TAX
  100-1        Sec. 183.021.  TAX IMPOSED ON MIXED BEVERAGES.  A tax at the
  100-2  rate of 14 percent is imposed on the gross receipts of a permittee
  100-3  received from the sale, preparation, or service of mixed beverages
  100-4  or from the sale, preparation, or service of ice or nonalcoholic
  100-5  beverages that are sold, prepared, or served for the purpose of
  100-6  being mixed with an alcoholic beverage and consumed on the premises
  100-7  of the permittee.
  100-8        Sec. 183.022.  TAX RETURN DUE DATE.  (a)  A permittee shall
  100-9  file a sworn tax return with the comptroller not later than the
 100-10  20th day of each month.
 100-11        (b)  The return under this section shall be in a form
 100-12  prescribed by the comptroller and shall include a statement of the
 100-13  total gross taxable receipts during the preceding month and any
 100-14  other information required by the comptroller.
 100-15        (c)  A tax due for a business day that falls in two different
 100-16  months is allocated to the month in which the business day begins.
 100-17        Sec. 183.023.  PAYMENT.  The tax due for the preceding month
 100-18  shall accompany the return and shall be payable to the state.  The
 100-19  comptroller shall deposit the revenue in the mixed beverage tax
 100-20  clearance fund.
 100-21             SUBCHAPTER C.  MIXED BEVERAGE CLEARANCE FUND
 100-22        Sec. 183.051.  MIXED BEVERAGE TAX CLEARANCE FUND.  (a)  Not
 100-23  later than the last day of the month following a calendar quarter,
 100-24  the comptroller shall calculate the total amount of taxes received
 100-25  during the quarter from permittees outside an incorporated
 100-26  municipality within each county and the total amount received from
 100-27  permittees within each incorporated municipality in each county.
  101-1        (b)  The comptroller shall issue to each county a warrant
  101-2  drawn on the mixed beverage tax clearance fund in the amount of
  101-3  10.7143 percent of receipts from permittees within the county
  101-4  during the quarter and shall issue to each incorporated
  101-5  municipality a warrant drawn on that fund in the amount of 10.7143
  101-6  percent of receipts from permittees within the incorporated
  101-7  municipality during the quarter.  The remainder of the receipts for
  101-8  the quarter and all interest earned on that fund shall be
  101-9  transferred to the general revenue fund.
 101-10        Sec. 183.052.  CONFLICT OF RULES.  If a rule or policy
 101-11  adopted by the commission conflicts with a rule adopted by the
 101-12  comptroller for the application, enforcement, or collection of the
 101-13  tax imposed by this chapter, the comptroller's rule prevails.  A
 101-14  conflicting rule or policy adopted by the commission is invalid to
 101-15  the extent of the inconsistency.  If the comptroller determines
 101-16  that a rule or policy adopted by the commission conflicts with one
 101-17  adopted by the comptroller relating to the application,
 101-18  enforcement, or collection of the tax imposed by this chapter, the
 101-19  comptroller shall notify the commission in writing of the
 101-20  determination.  After receipt of the notification, the commission
 101-21  must amend or repeal the conflicting rule or policy not later than
 101-22  the 90th day after the date of notification.
 101-23        Sec. 183.053.  SECURITY REQUIREMENT.  (a)  A permittee
 101-24  subject to the tax imposed by this chapter must comply with the
 101-25  security requirements imposed by Chapter 151 except that a
 101-26  permittee is not required to comply with Section 151.253(b).
 101-27        (b)  The total of bonds, certificates of deposit, letters of
  102-1  credit, or other security determined to be sufficient by the
  102-2  comptroller of a permittee subject to the tax imposed by this
  102-3  chapter shall be in an amount that the comptroller determines to be
  102-4  sufficient to protect the fiscal interests of the state.  The
  102-5  comptroller may not set the amount of security at less than $1,000
  102-6  or more than $25,000.
  102-7        Sec. 183.054.  AUDIT FREQUENCY.  The comptroller shall
  102-8  conduct not less frequently than annually an audit of a permittee
  102-9  required to pay a tax under this chapter.  In determining the
 102-10  frequency of the audit the comptroller may consider the following
 102-11  factors:
 102-12              (1)  reasonable and prudent accounting standards;
 102-13              (2)  the audit history of the permittee;
 102-14              (3)  the effect on state revenues; and
 102-15              (4)  other factors the comptroller deems appropriate.
 102-16        SECTION 115.  (a)  The Texas Alcoholic Beverage Commission
 102-17  shall adopt rules relating to the relaxation of restrictions as to
 102-18  charitable events as required by Section 101 of this Act on or
 102-19  before September 1, 1994.
 102-20        (b)  The employees, records, and equipment of the
 102-21  administrative law division of the Texas Alcoholic Beverage
 102-22  Commission are transferred to the State Office of Administrative
 102-23  Hearings on the effective date of this Act.
 102-24        (c)  On the effective date of this Act, a contested case
 102-25  pending before the administrative law division of the Texas
 102-26  Alcoholic Beverage Commission is transferred to the State Office of
 102-27  Administrative Hearings.  A proceeding transferred under this
  103-1  subsection is treated as if the actions taken in the proceeding had
  103-2  been taken by the State Office of Administrative Hearings.
  103-3        (d)  The Texas Alcoholic Beverage Commission's responsibility
  103-4  to conduct a review under the competitive cost review program,
  103-5  Article 13, State Purchasing and General Services Act (Article
  103-6  601b, Vernon's Texas Civil Statutes), and its subsequent
  103-7  amendments, is limited to one definable activity before the second
  103-8  anniversary of the effective date of this Act.
  103-9        (e)  The change in law made by this Act relating to a penalty
 103-10  that may be imposed or to the suspension or cancellation of a
 103-11  license or permit by the Texas Alcoholic Beverage Commission
 103-12  applies only to a violation of a law regulated by the commission or
 103-13  of a rule or order of the commission that occurs on or after the
 103-14  effective date of this Act.  A violation that occurs before the
 103-15  effective date is governed by the law in effect on the date it
 103-16  occurred, and the former law is continued in effect for that
 103-17  purpose.
 103-18        SECTION 116.  Before November 15, 1993, the governor shall
 103-19  appoint three additional members to the Texas Alcoholic Beverage
 103-20  Commission.  The governor shall designate one member to serve a
 103-21  term expiring November 15, 1995, one to serve a term expiring
 103-22  November 15, 1997, and one to serve a term expiring November 15,
 103-23  1999.  Until all members appointed under this section have taken
 103-24  office, a quorum of the Texas Alcoholic Beverage Commission is a
 103-25  majority of the number of members who are qualified.
 103-26        SECTION 117.  Section 11.015, Alcoholic Beverage Code, as
 103-27  added by this Act, applies only to a hearing held on or after
  104-1  September 1, 1993.  A hearing held before September 1, 1993, is
  104-2  governed by the law in effect when the hearing was held, and that
  104-3  law is continued in effect for that purpose.
  104-4        SECTION 118.  (a)  To prepare for the transfer of the
  104-5  administration of the mixed beverage tax from the Texas Alcoholic
  104-6  Beverage Commission to the comptroller on the effective date of
  104-7  this Act, the comptroller and the commission may enter into
  104-8  agreements they consider advisable to the use or transfer of funds,
  104-9  appropriations, personnel, furniture, equipment, office space, or
 104-10  other items or services.
 104-11        (b)  On the effective date of this Act, all necessary
 104-12  employees, records, and property of the commission relating to the
 104-13  mixed beverage tax shall be transferred to the comptroller.  Before
 104-14  that date, the commission may transfer any records, employees or
 104-15  property of the commission to the comptroller in preparation for
 104-16  the transfer of the mixed beverage tax to the comptroller.
 104-17        (c)  The change in the law made by this Act does not affect
 104-18  the validity of any action or proceeding initiated before the
 104-19  effective date of this Act.
 104-20        SECTION 119.  Sections 5.10(f), 11.491, 12.02, 13.02, 14.02,
 104-21  16.02, 18.02, 19.02, 20.02, 21.02, 22.02, 23.02, 24.02, 25.02,
 104-22  25.07, 26.02, 27.02, 28.02, 29.02, 30.02, 31.02, 32.02, 33.02,
 104-23  33.22, 34.02, 35.02, 36.02, 37.02, 38.04, 39.04, 40.02, 41.02,
 104-24  42.02, 43.02, 44.02, 45.02, 46.02, 47.02, 48.02, 49.02, 51.05,
 104-25  62.02, 64.02, 65.02, 66.02, 67.02, 68.02, 69.02, 69.07, 70.02,
 104-26  71.02, 72.02, 73.02, 204.02(d) and (e), 204.03(b), 205.02(c) and
 104-27  (d), 205.03, Chapter 50, and Chapter 202, Alcoholic Beverage Code,
  105-1  are repealed.
  105-2        SECTION 120.  This Act takes effect September 1, 1993.
  105-3        SECTION 121.  The importance of this legislation and the
  105-4  crowded condition of the calendars in both houses create an
  105-5  emergency and an imperative public necessity that the
  105-6  constitutional rule requiring bills to be read on three several
  105-7  days in each house be suspended, and this rule is hereby suspended.