H.B. No. 1445
    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(b), Alcoholic Beverage Code, is
    2-9  amended to read as follows:
   2-10        (b)  The Texas Alcoholic Beverage Commission is subject to
   2-11  Chapter 325, Government Code (Texas Sunset Act).  Unless continued
   2-12  in existence as provided by that chapter, the commission is
   2-13  abolished and Subchapter A, Chapter 5, of this code expires
   2-14  September 1, 2005 <1993>.
   2-15        SECTION 4.  Section 5.05, Alcoholic Beverage Code, is amended
   2-16  by amending Subsection (c) and by adding Subsections (d), (e), and
   2-17  (f) to read as follows:
   2-18        (c)  A person may not serve as a member of the commission or
   2-19  act as the general counsel to the commission if the person <who> is
   2-20  required to register as a lobbyist under Chapter 305, Government
   2-21  Code, because <by virtue> of the person's activities for
   2-22  compensation <in or> on behalf of a profession related to the
   2-23  operation of the commission <may not serve as a member of the
   2-24  commission or act as the general counsel to the commission>.
   2-25        (d)  An officer, employee, or paid consultant of a Texas
   2-26  trade association in the field of alcoholic beverage manufacture,
   2-27  distribution, service, or sales may not be a member or employee of
    3-1  the commission.
    3-2        (e)  A person who is the spouse of an officer, manager, or
    3-3  paid consultant of a Texas trade association in the field of
    3-4  alcoholic beverage manufacture, distribution, or sales may not be a
    3-5  member or employee of the commission.
    3-6        (f)  For the purposes of this section, a Texas trade
    3-7  association is a nonprofit, cooperative, and voluntarily joined
    3-8  association of businesses or persons designed to assist its members
    3-9  and its industry or profession in dealing with mutual business or
   3-10  professional problems and in promoting their common interest.
   3-11        SECTION 5.  Sections 5.10(b), (c), and (d), Alcoholic
   3-12  Beverage Code, are amended to read as follows:
   3-13        (b)  The <commission or> administrator or the administrator's
   3-14  designee shall <determine the duties of all employees and shall>
   3-15  develop an intra-agency career ladder program.  The program<, one
   3-16  part of which> shall require the intra-agency posting of all
   3-17  nonentry level positions concurrently with any public posting.  The
   3-18  <commission or> administrator<,> or the administrator's designee
   3-19  <of either,> shall develop a system of annual performance
   3-20  evaluations <based on measurable job tasks>.  All merit pay for
   3-21  commission employees must be based on the system established under
   3-22  this subsection.  The employees shall be compensated as provided by
   3-23  legislative appropriation.  The commission or administrator shall
   3-24  determine the duties of all employees of the commission.
   3-25        (c)  The <commission or> administrator<,> or the
   3-26  administrator's designee <of either,> shall prepare and maintain a
   3-27  written policy statement to assure implementation of a program of
    4-1  equal employment opportunity under which <whereby> all personnel
    4-2  transactions are made without regard to race, color, disability
    4-3  <handicap>, sex, religion, age, or national origin.  The policy
    4-4  statement must include:
    4-5              (1)  personnel policies, including policies relating to
    4-6  recruitment, evaluation, selection, appointment, training, and
    4-7  promotion of personnel that are in compliance with the Commission
    4-8  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes);
    4-9              (2)  a comprehensive <complete> analysis of the
   4-10  commission <agency's> work force that meets federal and state
   4-11  guidelines;
   4-12              (3)  procedures by which a determination can be made of
   4-13  significant underuse <underutilization,> in the commission <agency>
   4-14  work force<,> of all persons for whom <of which> federal or state
   4-15  guidelines encourage a more equitable balance; and
   4-16              (4)  reasonable methods to appropriately address those
   4-17  areas of significant underuse <underutilization, in the agency work
   4-18  force, of all persons of which federal or state guidelines
   4-19  encourage a more equitable balance>.
   4-20        (d)  A <The> policy statement prepared under Subsection (c)
   4-21  of this section must <shall be filed with the governor's office
   4-22  within 60 days of the effective date of the amendment of this
   4-23  section by the 69th Legislature, Regular Session, 1985,> cover an
   4-24  annual period, <and> be updated <at least> annually and reviewed by
   4-25  the Commission on Human Rights for compliance with Subsection
   4-26  (c)(1) of this section, and be filed with the governor's office.
   4-27  The governor's office shall deliver <develop and make> a biennial
    5-1  report to the legislature based on the information submitted under
    5-2  this subsection.  The report may be made separately or as a part of
    5-3  other biennial reports made to the legislature.
    5-4        SECTION 6.  Subchapter A, Chapter 5, Alcoholic Beverage Code,
    5-5  is amended by adding Sections 5.101, 5.102, and 5.103 to read as
    5-6  follows:
    5-7        Sec. 5.101.  HUMAN RESOURCES DIVISION.  (a)  A human
    5-8  resources division is established within the commission.
    5-9        (b)  The division is responsible for personnel, recruiting,
   5-10  hiring, and other human resource functions and shall provide
   5-11  recruiting and technical assistance to the divisions and regional
   5-12  offices of the commission.
   5-13        (c)  The division shall develop policies and procedures
   5-14  related to recruitment, hiring, and other human resource functions
   5-15  that are in compliance with state and federal law.
   5-16        Sec. 5.102.  RECRUITMENT.  For the purpose of providing
   5-17  adequate personnel for all job positions in the commission, the
   5-18  commission shall:
   5-19              (1)  open all positions compensated at or above the
   5-20  amount prescribed by the General Appropriations Act for step 1,
   5-21  salary group 21, of the position classification salary schedule to
   5-22  applicants both from within and outside the commission;
   5-23              (2)  develop a recruiting program that identifies
   5-24  underrepresentation with the commission and focuses on recruiting
   5-25  different ethnic, racial, or gender groups for job categories in
   5-26  which underrepresentation occurs; and
   5-27              (3)  require that all applicants be reviewed by the
    6-1  human resources division to ensure consideration of
    6-2  underrepresented ethnic, racial, or gender groups.
    6-3        Sec. 5.103.  ANNUAL REPORT.  The administrator shall report
    6-4  not later than February 1 of each year to the commission on the
    6-5  progress of the commission in the recruitment and hiring of
    6-6  personnel in compliance with the commission's recruitment and
    6-7  hiring policies.
    6-8        SECTION 7.  Subchapter A, Chapter 5, Alcoholic Beverage Code,
    6-9  is amended by adding Section 5.20 to read as follows:
   6-10        Sec. 5.20.  STANDARDS OF CONDUCT INFORMATION.  The commission
   6-11  shall provide to its members and employees, as often as necessary,
   6-12  information regarding their qualification for office or employment
   6-13  under this code and their responsibilities under applicable laws
   6-14  relating to standards of conduct for state officers or employees.
   6-15        SECTION 8.  Section 5.34, Alcoholic Beverage Code, is amended
   6-16  to read as follows:
   6-17        Sec. 5.34.  Delegation of Authority.  (a)  The commission may
   6-18  authorize its commissioned peace officers <agents>, servants, and
   6-19  employees to carry out, under its direction, the provisions of this
   6-20  code.
   6-21        (b)  The commission shall develop and implement policies that
   6-22  clearly define the respective responsibilities of the commission
   6-23  and the staff of the commission.
   6-24        SECTION 9.  Subchapter B, Chapter 5, Alcoholic Beverage Code,
   6-25  is amended by adding Section 5.371 to read as follows:
   6-26        Sec. 5.371.  PROCEEDS FROM CONTRABAND.  Property, money, and
   6-27  the proceeds from forfeited contraband provided to the commission
    7-1  by a federal agency or under state or federal law shall be
    7-2  deposited in the commission's account in the state treasury and may
    7-3  be appropriated only to the commission for law enforcement
    7-4  purposes.  Funds under this section that are not expended at the
    7-5  close of a fiscal year shall be reappropriated for the same purpose
    7-6  the following fiscal year.
    7-7        SECTION 10.  Section 5.43, Alcoholic Beverage Code, is
    7-8  amended to read as follows:
    7-9        Sec. 5.43.  Who May Hold Hearing; Rules of Evidence.  Except
   7-10  for a hearing held under Section 61.32 of this code, a hearing on
   7-11  the adoption of commission rules, or a hearing on an employment
   7-12  matter, the <The> commission designates the State Office of
   7-13  Administrative Hearings <or administrator may designate a member of
   7-14  the commission or other representative> to conduct and make a
   7-15  record of any hearing authorized by this code.  The commission or
   7-16  administrator may render a decision on the basis of the record or
   7-17  the proposal for decision if one is required under the
   7-18  Administrative Procedure and Texas Register Act (Article 6252-13a,
   7-19  Vernon's Texas Civil Statutes) as if the administrator or entire
   7-20  commission had conducted the hearing.  The commission may prescribe
   7-21  its rules of procedure for cases not heard by the State Office of
   7-22  Administrative Hearings.
   7-23        SECTION 11.  Sections 5.50(b) and (d), Alcoholic Beverage
   7-24  Code, are amended to read as follows:
   7-25        (b)  The commission may not increase or decrease a fee set by
   7-26  this code, but if a statute is enacted creating a certificate,
   7-27  permit, or license and there is no fee established, the commission
    8-1  by rule may set a fee.  The commission by rule shall assess and
    8-2  collect annual surcharges from all holders of a certificate,
    8-3  permit, or license issued by the commission in addition to any fee
    8-4  set by this code.  The surcharges shall be set at a level so that
    8-5  the anticipated total of all fees collected by the commission for a
    8-6  fiscal year and all surcharges for a fiscal year are equal to the
    8-7  legislative appropriation to the commission for the regulation of
    8-8  alcoholic beverages.  In assessing a surcharge the commission may
    8-9  not overly penalize any segment of the alcoholic beverage industry
   8-10  or impose an undue hardship on small businesses.  In setting the
   8-11  surcharge for permittees subject to the mixed beverage tax, the
   8-12  commission shall also recover the reasonable and necessary cost of
   8-13  the administration of the mixed beverage tax by the comptroller.
   8-14        (d)  <A fee authorized by this section and set by rule of the
   8-15  commission may not exceed $25.>  Revenues and surcharges from fees
   8-16  collected by the commission under this section shall be deposited
   8-17  in the general revenue fund.
   8-18        SECTION 12.  Subchapter B, Chapter 5, Alcoholic Beverage
   8-19  Code, is amended by adding Section 5.52 to read as follows:
   8-20        Sec. 5.52.  PROGRAM ACCESSIBILITY PLAN.  The commission shall
   8-21  prepare and maintain a written plan that describes how a person who
   8-22  does not speak English or who has a physical, mental, or
   8-23  developmental disability may be provided reasonable access to the
   8-24  commission's programs.
   8-25        SECTION 13.  Subchapter B, Chapter 5, Alcoholic Beverage
   8-26  Code, is amended by adding Section 5.53 to read as follows:
   8-27        Sec. 5.53.  PUBLIC INTEREST INFORMATION.  (a)  The commission
    9-1  shall prepare information of public interest describing the
    9-2  functions of the commission and the commission's procedures by
    9-3  which complaints are filed with and resolved by the commission.
    9-4  The commission shall make the information available to the public
    9-5  and appropriate state agencies.
    9-6        (b)  The commission by rule shall establish methods by which
    9-7  consumers and service recipients are notified of the name, mailing
    9-8  address, and telephone number of the commission for the purpose of
    9-9  directing a complaint to the commission.  The commission may
   9-10  require that the notification be provided on a sign prominently
   9-11  displayed in the place of business of each individual or entity
   9-12  regulated under this code.
   9-13        SECTION 14.  Subchapter B, Chapter 5, Alcoholic Beverage
   9-14  Code, is amended by adding Section 5.54 to read as follows:
   9-15        Sec. 5.54.  RESOLUTION OF COMPLAINTS.  (a)  The commission
   9-16  shall keep an information file about each complaint filed with the
   9-17  commission that the commission has authority to resolve.
   9-18        (b)  If a written complaint is filed with the commission that
   9-19  the commission has authority to resolve, the commission, at least
   9-20  quarterly and until final disposition of the complaint, shall
   9-21  notify the parties to the complaint of the status of the complaint
   9-22  unless the notice would jeopardize an undercover investigation.
   9-23        SECTION 15.  Section 6.01(b), Alcoholic Beverage Code, is
   9-24  amended to read as follows:
   9-25        (b)  A license or permit issued under this code is a purely
   9-26  personal privilege and is subject to revocation or suspension if
   9-27  the holder is found to have violated a provision of this code or a
   10-1  rule of the commission.
   10-2        SECTION 16.  Chapter 6, Alcoholic Beverage Code, is amended
   10-3  by adding Sections 6.03 and 6.04 to read as follows:
   10-4        Sec. 6.03.  CITIZENSHIP REQUIREMENTS.  (a)  It is the public
   10-5  policy of this state and a purpose of this section to require that,
   10-6  except as provided in Subsection (k) of this section or otherwise
   10-7  in this code, a permit or license may not be issued to a person who
   10-8  was not a citizen of this state for a one-year period preceding the
   10-9  date of the filing of the person's application for a license or
  10-10  permit.  In that regard, the legislature makes the findings in
  10-11  Subsections (b) through (j) of this section.
  10-12        (b)  Between 1920 and 1933, the distribution and consumption
  10-13  of alcoholic beverages was prohibited in the United States.  While
  10-14  the idealistic motives behind Prohibition were noble, a law
  10-15  enforcement nightmare ensued.  Otherwise law-abiding citizens
  10-16  routinely violated the law by buying and consuming alcoholic
  10-17  beverages.  The demand for the illegal products created an
  10-18  opportunity for criminal elements to develop a national network for
  10-19  the supply and distribution of alcoholic beverages to the populace.
  10-20  Massive criminal empires were built on illicit profits from these
  10-21  unlawful activities and organized crime openly flourished in
  10-22  Chicago, New York, New Orleans, and other cities.
  10-23        (c)  During Prohibition, the illegal enterprises used their
  10-24  national wholesale distribution networks to exert control over
  10-25  their customers.  A common operating procedure was to sell
  10-26  alcoholic beverages to a speakeasy on liberal terms to ensnarl the
  10-27  owner in a web of debt and control with the aim of forcing the
   11-1  owner to engage in other illegal business enterprises on the
   11-2  premises including gambling, prostitution, and the distribution of
   11-3  illegal drugs.
   11-4        (d)  In 1935, when the sale of alcoholic beverages was
   11-5  legalized in this state following the adoption of the Twenty-first
   11-6  Amendment to the United States Constitution, the state was faced
   11-7  with building an entire framework for the distribution of alcoholic
   11-8  beverage products.  An important concern was that since criminals
   11-9  owned and controlled the existing illegal alcoholic beverage
  11-10  distribution system, criminals would attempt to own and control the
  11-11  newly legalized industry.  In an effort to prevent this situation,
  11-12  comprehensive laws were adopted to ensure that an alcoholic
  11-13  beverage permit or license could be issued only to citizens of the
  11-14  state who had lived in this state for at least three years, thus,
  11-15  long enough to be known by their community and neighbors.
  11-16        (e)  Under the newly designed regulatory scheme, permits and
  11-17  licenses issued by the state did not grant the holder a right.
  11-18  Rather, the holder was granted a privilege that could be challenged
  11-19  at both the county and the state level if the character or
  11-20  qualifications of the applicant were suspect.  Finally, strict cash
  11-21  and credit laws were adopted to prevent parties in the wholesale
  11-22  distribution system from controlling their retail customers through
  11-23  the leveraging of debt to accomplish other illicit gain.
  11-24        (f)  The alcoholic beverage laws adopted by the legislature
  11-25  in the 1930s to free the industry from the influence of organized
  11-26  crime have been successful in this state.  The alcoholic beverage
  11-27  industry in this state is not dominated by organized crime.
   12-1  However, the legislature does find that organized crime continues
   12-2  to be a threat that should never be allowed to establish itself in
   12-3  the alcoholic beverage industry in this state.
   12-4        (g)  To accommodate the interests of the consuming public,
   12-5  the expansion of popular nationwide businesses, and the increasing
   12-6  state interest in tourism, and at the same time to guard against
   12-7  the threats of organized crime, unfair competition, and decreased
   12-8  opportunities for small businesses, the legislature finds that
   12-9  there is no longer need for the three-year residency requirements
  12-10  with regard to those segments of the industry that sell alcoholic
  12-11  beverages to the ultimate consumer only.  The legislature finds
  12-12  that it is desirable to retain a one-year residency requirement for
  12-13  businesses that sell to the consumer packaged liquor and fortified
  12-14  wine capable of being used to supply legal or illegal bars and
  12-15  clubs.  The legislature also finds it reasonable, desirable, and in
  12-16  the best interests of the state to provide a one-year residency
  12-17  requirement for businesses engaged in the wholesale distribution of
  12-18  beer, malt liquor, or wine or in the manufacture and distribution
  12-19  of distilled spirits and fortified wines at both the wholesale and
  12-20  the retail levels where those beverages, in unopened containers,
  12-21  are sold to mixed beverage permittees and private club registration
  12-22  permittees as well as to the general public.  Adequate protection
  12-23  is deemed to be provided by controlling those sources of supply for
  12-24  distilled spirits and fortified wines.
  12-25        (h)  It is also the public policy of this state and a purpose
  12-26  of this section to enforce strict cash and credit laws as a means
  12-27  of preventing those engaged in the distribution of alcoholic
   13-1  beverages from exerting undue influence over any level of the
   13-2  industry selling or serving alcoholic beverages to the ultimate
   13-3  consumer.
   13-4        (i)  It is also the public policy of this state and a purpose
   13-5  of this section to maintain and enforce the three-tier system
   13-6  (strict separation between the manufacturing, wholesaling, and
   13-7  retailing levels of the industry) and thereby to prevent the
   13-8  creation or maintenance of a "tied house" as described and
   13-9  prohibited in Section 102.01 of this code.
  13-10        (j)  The above-stated public policies, purposes of this
  13-11  section, and legislative findings are provided as guidelines for
  13-12  the construction of the following subsections of this section.
  13-13        (k)  A requirement under this code that 51 percent or more of
  13-14  the stock of a corporation be owned by a person or persons who were
  13-15  citizens of this state for a one-year period preceding the date of
  13-16  the filing of an application for a license or permit does not apply
  13-17  to a corporation organized under the laws of this state that
  13-18  applies for a license or permit under Chapters 25-34, Chapter 44,
  13-19  Chapters 48-51, Chapters 69-72, or Chapter 74 of this code if:
  13-20              (1)  all of the officers and a majority of directors of
  13-21  the applicant corporation have resided within the state for a
  13-22  one-year period preceding the date of the application and each
  13-23  officer or director possesses the qualifications required of other
  13-24  applicants for permits and licenses;
  13-25              (2)  the applicant corporation and the applicant's
  13-26  shareholders have no direct or indirect ownership or other
  13-27  prohibited relationship with others engaged in the alcoholic
   14-1  beverage industry at different levels as provided by Chapter 102 of
   14-2  this code and other provisions of this code;
   14-3              (3)  the applicant corporation is not precluded by law,
   14-4  rule, charter, or corporate bylaw from disclosing the applicant's
   14-5  shareholders to the commission; and
   14-6              (4)  the applicant corporation maintains its books and
   14-7  records relating to its alcoholic beverage operations in the state
   14-8  at its registered office or at a location in the state approved in
   14-9  writing by the commission.
  14-10        (l)  Corporations subject to Subsection (k) of this section
  14-11  that have substantially similar ownership may merge or consolidate.
  14-12  A fee of $100 shall be paid to the commission for each licensed or
  14-13  permitted premises that is merged or consolidated into the
  14-14  surviving corporation.  The surviving corporation succeeds to all
  14-15  privileges of the prior corporation that held the permits or
  14-16  licenses if the surviving corporation is qualified to hold the
  14-17  permits or licenses under this code.  For the purposes of this
  14-18  subsection, corporations have substantially similar ownership if 90
  14-19  percent or more of the corporations is owned by the same person or
  14-20  persons or by the same corporation or corporations or if the
  14-21  surviving corporation has maintained an ownership interest in the
  14-22  merged or consolidated corporations since the date the original
  14-23  permit or license was issued.
  14-24        Sec. 6.04.  GRACE PERIOD ON RENEWAL OF LICENSES AND PERMITS.
  14-25  (a)  Notwithstanding any other provision of this code, the holder
  14-26  of a license or permit issued under this code may renew the license
  14-27  or permit rather than reapply for an original license or permit if,
   15-1  not later than the 10th day after the date of the expiration of the
   15-2  license or permit, the holder files a renewal application with the
   15-3  commission and pays a renewal fee of $100 and the license or permit
   15-4  fee that is due.
   15-5        (b)  If an application is filed under Subsection (a) of this
   15-6  section, a violation of the law that occurs before the filing of a
   15-7  renewal application may be the basis for an administrative action
   15-8  against the holder of the license or permit.
   15-9        (c)  The commission shall adopt rules necessary to implement
  15-10  this section.
  15-11        SECTION 17.  Chapter 6, Alcoholic Beverage Code, is amended
  15-12  by adding Section 6.05 to read as follows:
  15-13        Sec. 6.05.  CORPORATE LIABILITY.  A corporation with an
  15-14  ownership interest in a corporation holding a permit under Section
  15-15  6.03(k) of this code and which shares space, employees, business
  15-16  facilities, or services is subject to liability under Chapter 2 of
  15-17  this code.
  15-18        SECTION 18.  Subchapter A, Chapter 11, Alcoholic Beverage
  15-19  Code, is amended by adding Section 11.015 to read as follows:
  15-20        Sec. 11.015.  HEARING LOCATION.  Notwithstanding any other
  15-21  provision of this code, except for a hearing required to be
  15-22  conducted by a county judge, a hearing related to the issuance,
  15-23  renewal, cancellation, or suspension of a permit under this
  15-24  subtitle may be conducted only in the county in which the premises
  15-25  is located.
  15-26        SECTION 19.  Subchapter A, Chapter 11, Alcoholic Beverage
  15-27  Code, is amended by adding Section 11.11 to read as follows:
   16-1        Sec. 11.11.  CONDUCT SURETY BOND.  (a)  Except as provided in
   16-2  Subsection (e) of this section, an applicant for a permit or a
   16-3  holder of a permit issued under Chapter 25, 28, or 32 of this code
   16-4  shall file with the commission a surety bond in the amount of
   16-5  $5,000 conditioned on the applicant's or holder's conformance with
   16-6  alcoholic beverage law.
   16-7        (b)  A surety bond required under this section shall contain
   16-8  the following statements on the face of the bond:
   16-9              (1)  that the holder of the permit will not violate a
  16-10  law of the state relating to alcoholic beverages or a rule of the
  16-11  commission; and
  16-12              (2)  that the holder of the permit agrees that the
  16-13  amount of the bond shall be paid to the state if the permit is
  16-14  revoked.
  16-15        (c)  The commission shall adopt rules relating to the:
  16-16              (1)  form of the surety bond;
  16-17              (2)  qualifications for a surety;
  16-18              (3)  method for filing and obtaining approval of the
  16-19  bond by the commission; and
  16-20              (4)  release or discharge of the bond.
  16-21        (d)  A holder of a permit required to file a surety bond may
  16-22  furnish instead of all or part of the required bond amount:
  16-23              (1)  one or more certificates of deposit assigned to
  16-24  the state issued by a federally insured bank or savings institution
  16-25  authorized to do business in this state; or
  16-26              (2)  one or more letters of credit issued by a
  16-27  federally insured bank or savings institution authorized to do
   17-1  business in this state.
   17-2        (e)  A holder of a permit issued under this code who has held
   17-3  a permit for three years or more before the date the holder applied
   17-4  for renewal of the permit is not required to furnish a surety bond
   17-5  if the holder:
   17-6              (1)  has not had a license or permit issued under this
   17-7  code revoked in the five years before the date the holder applied
   17-8  for renewal of the permit;
   17-9              (2)  is not the subject of a pending permit or license
  17-10  revocation proceeding; and
  17-11              (3)  has continuously operated on the permitted
  17-12  premises for three years or more before the date the holder applied
  17-13  for renewal of the permit.
  17-14        (f)  If a holder of a permit is exempt from furnishing a
  17-15  conduct surety bond under Subsection (e) of this section, the
  17-16  holder shall be exempt from furnishing the bond at another location
  17-17  where the holder applies for or holds a permit.
  17-18        (g)  This section applies only in a county having a
  17-19  population of 2.4 million or more.
  17-20        SECTION 20.  Section 11.43, Alcoholic Beverage Code, is
  17-21  amended to read as follows:
  17-22        Sec. 11.43.  Discretion to Grant or Refuse Permit.  (a)  The
  17-23  commission and administrator have discretionary authority to grant
  17-24  or refuse to issue an original or renewal permit under the
  17-25  provisions of this subchapter or any other applicable provision of
  17-26  this code.
  17-27        (b)  Notwithstanding any other provision of this code that
   18-1  authorizes the commission or administrator to refuse to issue a
   18-2  permit without a hearing, the commission or administrator shall
   18-3  hold a hearing before granting or refusing to issue an original
   18-4  mixed beverage permit, private club registration permit, wine and
   18-5  beer retailer's permit, or retail dealer's on-premise license if a
   18-6  sexually oriented business is to be operated on the premises to be
   18-7  covered by the permit or license.
   18-8        (c)  A hearing shall be held on any renewal application of a
   18-9  mixed beverage permit, private club registration permit, wine and
  18-10  beer retailer's permit, or retail dealer's on-premise license if a
  18-11  sexually oriented business is to be operated on the premises to be
  18-12  covered by the permit or license and a petition is presented to the
  18-13  commission requesting a hearing which is signed by 50 percent of
  18-14  the residents who reside within 300 feet of any property line of
  18-15  the affected premises.
  18-16        (d)  A request for a hearing made under Subsection (b) or (c)
  18-17  of this section must include an allegation of grounds on which the
  18-18  original or renewal  application, as applicable, should be denied.
  18-19        SECTION 21.  Sections 11.46(a) and (c), Alcoholic Beverage
  18-20  Code, are amended to read as follows:
  18-21        (a)  The commission or administrator may refuse to issue an
  18-22  original or renewal permit with or without a hearing if it has
  18-23  reasonable grounds to believe and finds that any of the following
  18-24  circumstances exists:
  18-25              (1)  the applicant has been convicted in a court of
  18-26  competent jurisdiction of the violation of any provision of this
  18-27  code during the two years immediately preceding the filing of his
   19-1  application;
   19-2              (2)  three years have not elapsed since the
   19-3  termination, by pardon or otherwise, of a sentence imposed on the
   19-4  applicant for the conviction of a felony;
   19-5              (3)  within the six-month period immediately preceding
   19-6  his application the applicant violated or caused to be violated a
   19-7  provision of this code or a rule or regulation of the commission
   19-8  which involves moral turpitude, as distinguished from a technical
   19-9  violation of this code or of the rule;
  19-10              (4)  the applicant failed to answer or falsely or
  19-11  incorrectly answered a question in an original or renewal
  19-12  application;
  19-13              (5)  the applicant is indebted to the state for any
  19-14  taxes, fees, or payment of penalty imposed by this code or by rule
  19-15  of the commission;
  19-16              (6)  the applicant is not of good moral character or
  19-17  his reputation for being a peaceable, law-abiding citizen in the
  19-18  community where he resides is bad;
  19-19              (7)  the applicant is a minor;
  19-20              (8)  the place or manner in which the applicant may
  19-21  conduct his business warrants the refusal of a permit based on the
  19-22  general welfare, health, peace, morals, and safety of the people
  19-23  and on the public sense of decency;
  19-24              (9)  the applicant is in the habit of using alcoholic
  19-25  beverages to excess or is physically or mentally incapacitated;
  19-26              (10)  the applicant will sell liquor unlawfully in a
  19-27  dry area or in a manner contrary to law or will knowingly permit an
   20-1  agent, servant, or employee to do so;
   20-2              (11)  the applicant is not a United States citizen or
   20-3  has not been a citizen of Texas for a period of one year <three
   20-4  years> immediately preceding the filing of his application, unless
   20-5  he was issued a permit or renewal permit on or before September 1,
   20-6  1948, and has at some time been a United States citizen;
   20-7              (12)  the applicant does not provide <have> an adequate
   20-8  building available at the address for which the permit is sought
   20-9  before conducting any activity authorized by the permit;
  20-10              (13)  the applicant is residentially domiciled with a
  20-11  person whose permit or license has been cancelled for cause within
  20-12  the 12 months immediately preceding the date of his present
  20-13  application;
  20-14              (14)  the applicant has failed or refused to furnish a
  20-15  true copy of his application to the commission's district office in
  20-16  the district in which the premises for which the permit is sought
  20-17  are located; or
  20-18              (15)  during the six months immediately preceding the
  20-19  filing of the application the premises for which the permit is
  20-20  sought have been operated, used, or frequented for a purpose or in
  20-21  a manner that is lewd, immoral, or offensive to public decency.
  20-22        (c)  The commission or administrator shall refuse to issue
  20-23  for a period of one year after cancellation a mixed beverage permit
  20-24  or private club registration permit for a premises where a license
  20-25  or permit has <two or more licenses and permits have> been canceled
  20-26  during the preceding 12 months as a result of a shooting, stabbing,
  20-27  or other violent act, or as a result of an offense involving drugs.
   21-1        SECTION 22.  Subchapter B, Chapter 11, Alcoholic Beverage
   21-2  Code, is amended by adding Section 11.495 to read as follows:
   21-3        Sec. 11.495.  CONFORMANCE OF PREMISES WITH THE AMERICANS WITH
   21-4  DISABILITIES ACT.  (a)  A permittee or licensee shall certify that
   21-5  any area to be designated as the premises where alcoholic beverages
   21-6  may be sold or served has been reviewed for compliance with Title
   21-7  III of the Americans with Disabilities Act of 1990.
   21-8        (b)  Any permittee or licensee designating a premise for
   21-9  which this certification cannot be made shall be provided with
  21-10  information on compliance with the Americans with Disabilities Act
  21-11  by the commission.  The commission shall utilize materials produced
  21-12  by the United States Department of Justice, United States
  21-13  Department of Justice grantees, grantees of other federal agencies
  21-14  such as the National Institute on Disability and Rehabilitation
  21-15  Research, any agency of the State of Texas, trade associations of
  21-16  permittees or licensees, and other sources of a similar nature.
  21-17        SECTION 23.  Subchapter B, Chapter 11, Alcoholic Beverage
  21-18  Code, is amended by adding Section 11.52 to read as follows:
  21-19        Sec. 11.52.  RESTRICTIONS ON LOCATION IN CERTAIN
  21-20  MUNICIPALITIES.  (a)  In a municipality with a population of
  21-21  1,500,000 or more, on the assertion by any person of any
  21-22  justiciable grounds for a suspension, denial, cancellation, or
  21-23  refusal of a mixed beverage permit or a wine and beer retailer's
  21-24  permit, the commission or county judge, as applicable, shall hold a
  21-25  hearing if:
  21-26              (1)  any point of the property line of the premise is
  21-27  less than 300 feet from the nearest point on a property line of a
   22-1  residence, church, school, hospital, day-care facility, or social
   22-2  service facility, as measured in a straight line; and
   22-3              (2)  75 percent or more of the permittee's or
   22-4  licensee's actual or anticipated gross revenue is from the sale of
   22-5  alcoholic beverages.
   22-6        (b)  An applicant for an original or renewal permit shall
   22-7  give notice to all tenants or property owners affected in
   22-8  Subsection (a) of this section that an application has been made
   22-9  within five days after the application is first filed for an
  22-10  original application and at least 30 days prior to the expiration
  22-11  date of a permit in the case of a renewal application.
  22-12        SECTION 24.  Section 11.61, Alcoholic Beverage Code, is
  22-13  amended by amending Subsection (b) and adding Subsection (e) to
  22-14  read as follows:
  22-15        (b)  The commission or administrator may suspend for not more
  22-16  than 60 days or cancel an original or renewal permit if it is
  22-17  found, after notice and hearing, that any of the following is true:
  22-18              (1)  the permittee has been finally convicted of a
  22-19  violation of this code;
  22-20              (2)  the permittee violated a provision of this code or
  22-21  a rule of the commission;
  22-22              (3)  the permittee was finally convicted of a felony
  22-23  while holding an original or renewal permit;
  22-24              (4)  the permittee made a false or misleading statement
  22-25  in connection with his original or renewal application, either in
  22-26  the formal application itself or in any other written instrument
  22-27  relating to the application submitted to the commission, its
   23-1  officers, or employees;
   23-2              (5)  the permittee is indebted to the state for taxes,
   23-3  fees, or payment of penalties imposed by this code or by a rule of
   23-4  the commission;
   23-5              (6)  the permittee is not of good moral character or
   23-6  his reputation for being a peaceable and law-abiding citizen in the
   23-7  community where he resides is bad;
   23-8              (7)  the place or manner in which the permittee
   23-9  conducts his business warrants the cancellation or suspension of
  23-10  the permit based on the general welfare, health, peace, morals, and
  23-11  safety of the people and on the public sense of decency;
  23-12              (8)  the permittee is not maintaining an acceptable
  23-13  bond;
  23-14              (9)  the permittee maintains a noisy, lewd, disorderly,
  23-15  or unsanitary establishment or has supplied impure or otherwise
  23-16  deleterious beverages;
  23-17              (10)  the permittee is insolvent or mentally or
  23-18  physically unable to carry on the management of his establishment;
  23-19              (11)  the permittee is in the habit of using alcoholic
  23-20  beverages to excess;
  23-21              (12)  the permittee knowingly misrepresented to a
  23-22  customer or the public any liquor sold by him;
  23-23              (13)  the permittee was intoxicated on the licensed
  23-24  premises;
  23-25              (14)  the permittee sold or delivered an alcoholic
  23-26  beverage to an intoxicated person;
  23-27              (15)  the permittee possessed on the licensed premises
   24-1  an alcoholic beverage that he was not authorized by his permit to
   24-2  purchase and sell;
   24-3              (16)  a package store or wine only package store
   24-4  permittee transported or shipped liquor, or caused it to be
   24-5  transported or shipped, into a dry state or a dry area within this
   24-6  state;
   24-7              (17)  the permittee is residentially domiciled with a
   24-8  person who has a financial interest in an establishment engaged in
   24-9  the business of selling beer at retail, other than a mixed beverage
  24-10  establishment, except as authorized by Section 22.06, 24.05, or
  24-11  102.05 of this code;
  24-12              (18)  the permittee is residentially domiciled with a
  24-13  person whose permit or license was cancelled for cause within the
  24-14  12-month period preceding his own application;
  24-15              (19)  the permittee is not a citizen of the United
  24-16  States or has not been a citizen of Texas for a period of one year
  24-17  <three years> immediately preceding the filing of his application,
  24-18  unless he was issued an original or renewal permit on or before
  24-19  September 1, 1948, and has been a United States citizen at some
  24-20  time; or
  24-21              (20)  the permittee permitted a person to open a
  24-22  container of alcoholic beverage or possess an open container of
  24-23  alcoholic beverage on the licensed premises unless a mixed beverage
  24-24  permit has been issued for the premises.
  24-25        (e)  The commission or administrator shall cancel an original
  24-26  or renewal permit if it is found, after notice and hearing, that
  24-27  the permittee knowingly allowed a person to possess a firearm in a
   25-1  building on the licensed premises.  This subsection does not apply
   25-2  to a person:
   25-3              (1)  who holds a security officer commission issued by
   25-4  the Texas Board of Private Investigators and Private Security
   25-5  Agencies, if:
   25-6                    (A)  the person is engaged in the performance of
   25-7  the person's duties as a security officer;
   25-8                    (B)  the person is wearing a distinctive uniform;
   25-9  and
  25-10                    (C)  the weapon is in plain view; or
  25-11              (2)  who is a peace officer.
  25-12        SECTION 25.  Section 11.64(a), Alcoholic Beverage Code, is
  25-13  amended to read as follows:
  25-14        (a)  When the commission or administrator is authorized to
  25-15  suspend a permit or license under this code, the commission or
  25-16  administrator shall give the permittee or licensee the opportunity
  25-17  to pay a civil penalty rather than have the permit or license
  25-18  suspended.  The commission or administrator shall determine the
  25-19  amount of the penalty and in doing so shall consider the economic
  25-20  impact a suspension would have on the permittee or licensee.  The
  25-21  amount of the civil penalty may not be less than $150 or more than
  25-22  $25,000 for each day the permit or license was to have been
  25-23  suspended.  If the licensee or permittee does not pay the penalty
  25-24  before the sixth day after the commission or administrator notifies
  25-25  him of the amount, he loses the opportunity to pay it and the
  25-26  commission or administrator shall impose the suspension.
  25-27        SECTION 26.  Chapter 12, Alcoholic Beverage Code, is amended
   26-1  by adding Section 12.05 to read as follows:
   26-2        Sec. 12.05.  SALES BY CERTAIN BREWERS.  The holder of a
   26-3  brewer's permit whose annual production of ale in this state does
   26-4  not exceed, together with the annual production of beer by the
   26-5  holder of a manufacturer's license acting under the authority of
   26-6  Section 62.12 of this code at the same premises, a total of 75,000
   26-7  barrels, may sell ale produced under the permit to those persons to
   26-8  whom the holder of a general class B wholesaler's permit may sell
   26-9  malt liquor under Section 20.01(3) of this code.  With regard to
  26-10  such a sale, the brewer has the same authority and is subject to
  26-11  the same requirements that apply to a sale made by the holder of a
  26-12  general class B wholesaler's permit.
  26-13        SECTION 27.  Section 16.01, Alcoholic Beverage Code, is
  26-14  amended to read as follows:
  26-15        Sec. 16.01.  Authorized Activities.  (a)  The holder of a
  26-16  winery permit may:
  26-17              (1)  manufacture, bottle, label, and package wine
  26-18  containing not more than 24 percent alcohol by volume;
  26-19              (2)  manufacture and import grape brandy for fortifying
  26-20  purposes only and to be used only on his licensed premises;
  26-21              (3)  sell wine in this state to holders of wholesaler's
  26-22  permits, winery permits, and wine bottler's permits;
  26-23              (4)  sell wine to ultimate consumers in unbroken
  26-24  packages for off-premises consumption in an amount not to exceed
  26-25  25,000 gallons annually;
  26-26              (5)  sell the wine outside this state to qualified
  26-27  persons;
   27-1              (6)  blend wines; and
   27-2              (7)  dispense free wine for consumption on the winery
   27-3  premises.
   27-4        (b)  The holder of a winery permit may manufacture and label
   27-5  wine for an adult in an amount not to exceed 50 gallons annually
   27-6  for the personal use of the adult.  Any amount of wine produced
   27-7  under this subsection is included in the annual total amount that
   27-8  may be sold by the holder under Subsection (a)(4) of this section.
   27-9  An adult for whom wine is manufactured and labeled under this
  27-10  subsection is not required to hold a license or permit issued under
  27-11  this code.
  27-12        (c)  The holder of a winery permit may conduct wine
  27-13  samplings,  including wine tastings at a retailer's premises.  A
  27-14  winery employee may open, touch, or pour wine, make a presentation,
  27-15  or answer questions at a wine sampling.  A wine sampling may not be
  27-16  held in a location where a wine sampling is otherwise prohibited by
  27-17  law.
  27-18        (d)  The holder of a winery permit may sell wine to ultimate
  27-19  consumers for consumption on or off winery premises and dispense
  27-20  free wine for consumption on or off the winery premises if the
  27-21  winery is located in a city that:
  27-22              (1)  is located in three or more counties, at least one
  27-23  of which has a population of 500,000 or more; and
  27-24              (2)  has within its boundaries all or part of an
  27-25  international airport.
  27-26        SECTION 28.  Sections 22.10 and 22.11, Alcoholic Beverage
  27-27  Code, are amended to read as follows:
   28-1        Sec. 22.10.  Opening Containers Prohibited.  Except as
   28-2  authorized under Section 52.01 of this code, no <No> person may
   28-3  break or open a container containing liquor or beer or possess an
   28-4  opened container of liquor or beer on the premises of a package
   28-5  store.
   28-6        Sec. 22.11.  Consumption on Premises Prohibited.  Except as
   28-7  authorized under Section 52.01, no <No> person may sell, barter,
   28-8  exchange, deliver, or give away any drink or drinks of alcoholic
   28-9  beverages from a container that has been opened or broken on the
  28-10  premises of a package store.
  28-11        SECTION 29.  Section 25.01, Alcoholic Beverage Code, is
  28-12  amended to read as follows:
  28-13        Sec. 25.01.  Authorized Activities.  The holder of a wine and
  28-14  beer retailer's permit may sell:
  28-15              (1)  for consumption on or off the premises where sold,
  28-16  but not for resale, wine, beer, and malt liquors containing alcohol
  28-17  in excess of one-half of one percent by volume and not more than 14
  28-18  percent by volume; and
  28-19              (2)  for consumption on the premises traditional port
  28-20  or sherry containing alcohol in excess of one-half of one percent
  28-21  by volume and not more than 24 percent by volume.
  28-22        SECTION 30.  The title of Chapter 27, Alcoholic Beverage
  28-23  Code, is amended to read as follows:
  28-24           CHAPTER 27.  TEMPORARY AND SPECIAL WINE AND BEER
  28-25                      RETAILER'S PERMITS <PERMIT>
  28-26        SECTION 31.  Sections 27.01-27.06, Alcoholic Beverage Code,
  28-27  are designated as Subchapter A, Chapter 27, of that code, as
   29-1  follows:
   29-2       SUBCHAPTER A.  TEMPORARY WINE AND BEER RETAILER'S PERMIT
   29-3        SECTION 32.  Section 27.04, Alcoholic Beverage Code, is
   29-4  amended to read as follows:
   29-5        Sec. 27.04.  REQUIRED BASIC PERMIT.  A temporary wine and
   29-6  beer retailer's permit may be issued only to a holder of a wine and
   29-7  beer retailer's permit, a holder of a <or> mixed beverage permit,
   29-8  or a nonprofit historic preservation organization that has been in
   29-9  existence for at least 30 years.
  29-10        SECTION 33.  Chapter 27, Alcoholic Beverage Code, is amended
  29-11  by adding Subchapter B to read as follows:
  29-12         SUBCHAPTER B.  SPECIAL THREE-DAY WINE AND BEER PERMIT
  29-13        Sec. 27.11.  AUTHORIZED ACTIVITIES.  The holder of a special
  29-14  three-day wine and beer permit may sell for consumption on the
  29-15  premises for which the permit is issued, but not for resale, wine,
  29-16  beer, and malt liquors containing alcohol in excess of one-half of
  29-17  one percent by volume but not more than 14 percent by volume.
  29-18        Sec. 27.12.  FEE.  The state fee for a special three-day wine
  29-19  and beer permit is $30.
  29-20        Sec. 27.13.  ISSUANCE OF PERMIT.  (a)  The commission may
  29-21  issue a special three-day wine and beer permit directly to a
  29-22  nonprofit charitable, civic, or religious organization for the
  29-23  temporary serving of wine and beer at a picnic, celebration, or
  29-24  similar event sponsored by the organization.
  29-25        (b)  The commission by rule may limit the number of special
  29-26  three-day wine and beer permits issued in each calendar year to a
  29-27  single nonprofit charitable, civic, or religious organization for
   30-1  events sponsored by that organization.
   30-2        (c)  If a special three-day wine and beer permit is issued
   30-3  for a premises in an area in which the sale of beer for on-premise
   30-4  consumption has been authorized by a local option election, but the
   30-5  sale of wine for on-premise consumption has not been authorized,
   30-6  then the permittee is only authorized to sell beer.
   30-7        Sec. 27.14.  APPLICATION OF WINE AND BEER RETAILER'S PERMIT
   30-8  PROVISIONS.  A provision of this code that applies to a wine and
   30-9  beer retailer permit applies to a special three-day wine and beer
  30-10  permit unless the provision conflicts with a provision of this
  30-11  subchapter.
  30-12        Sec. 27.15.  RULES.  The commission may adopt rules as
  30-13  necessary to implement and administer this subchapter.
  30-14        SECTION 34.  Section 28.04(d), Alcoholic Beverage Code, is
  30-15  amended to read as follows:
  30-16        (d)  This section does not apply to a change in corporate
  30-17  control:
  30-18              (1)  brought about by the death of a shareholder if his
  30-19  surviving spouse or descendants are his successors in interest; or
  30-20              (2)  brought about when legal or beneficial ownership
  30-21  of over 50 percent of the stock of the corporation has been
  30-22  transferred:
  30-23                    (A)  to a person who possesses the qualifications
  30-24  required of other applicants for permits and is currently an
  30-25  officer of the corporation and has been an officer of the
  30-26  corporation ever since the date the original permit was issued; or
  30-27                    (B)  if the permittee pays a fee of $500 and
   31-1  notifies the commission, on completed forms and attachments
   31-2  prescribed by the commission, of the proposed transfer at least 10
   31-3  days prior to the date the transfer is to become effective and the
   31-4  commission does not find that circumstances exist that would be
   31-5  grounds for the denial of a renewal of the permit under Section
   31-6  11.46 of this code and provided the ownership of the corporation
   31-7  immediately after the transfer satisfies the requirements of this
   31-8  code.  <The commission may require the permittee to furnish a new
   31-9  bond as provided in Section 204.01(a)(3), and where a new bond is
  31-10  required, the permittee shall not be eligible for a bond exemption
  31-11  under Section 204.01(f) until 36 months after the date on which the
  31-12  transfer takes effect.>
  31-13        SECTION 35.  Sections 28.07(a) and (b), Alcoholic Beverage
  31-14  Code, are amended to read as follows:
  31-15        (a)  All distilled spirits sold by a holder of a mixed
  31-16  beverage permit must be purchased <in this state> from a holder of
  31-17  a local distributor's permit in the county in which the premises of
  31-18  a mixed beverage permittee is located.
  31-19        (b)  If a holder of a mixed beverage permit is in a county
  31-20  <an area> where there are no local distributors, he may purchase
  31-21  alcoholic beverages in the nearest county <any area> where local
  31-22  distributors are located and may transport them to his premises
  31-23  provided that he is also a holder of a beverage cartage permit.
  31-24  The transporter may acquire the alcoholic beverages only on the
  31-25  written order of the holder of the mixed beverage permit.  The
  31-26  alcoholic beverages must be accompanied by a written statement
  31-27  furnished and signed by the local distributor showing the name and
   32-1  address of the consignee and consignor, the origin and destination
   32-2  of the shipment, and any other information required by the
   32-3  commission or administrator.  The person in charge of the alcoholic
   32-4  beverages while they are being transported shall exhibit the
   32-5  written statement to any representative of the commission or any
   32-6  peace officer on demand, and the statement shall be accepted by the
   32-7  representative or officer as prima facie evidence of the lawful
   32-8  right to transport the alcoholic beverages.
   32-9        SECTION 36.  Chapter 28, Alcoholic Beverage Code, is amended
  32-10  by adding Section 28.081 to read as follows:
  32-11        Sec. 28.081.  SUBSTITUTION OF BRAND WITHOUT CONSENT OF
  32-12  CONSUMER PROHIBITED.  (a)  The holder of a mixed beverage permit or
  32-13  a private club permit, or the agent, servant, or employee of a
  32-14  holder of a mixed beverage permit or private club permit commits an
  32-15  offense if the holder, agent, servant, or employee substitutes one
  32-16  brand of alcoholic beverage for a brand that has been specifically
  32-17  requested by a consumer, unless the consumer is notified and
  32-18  consents to the substitution.
  32-19        (b)  A holder of a permit who violates Subsection (a) of this
  32-20  section is liable in a civil suit to a consumer for damages
  32-21  resulting from the substitution.  The court shall award the
  32-22  prevailing party in an action under this section attorney's fees
  32-23  and costs of action.
  32-24        (c)  The commission shall provide written notice of the
  32-25  provisions of this section to an applicant or permittee when
  32-26  issuing an original or renewal mixed beverage permit or private
  32-27  club permit on or after October 1, 1993.
   33-1        SECTION 37.  Chapter 28, Alcoholic Beverage Code, is amended
   33-2  by adding Sections 28.15, 28.16, and 28.17 to read as follows:
   33-3        Sec. 28.15.  STAMPS.  (a)  A mixed beverage permittee may not
   33-4  possess or permit a person to possess on the premises distilled
   33-5  spirits in any container that does not bear a serially numbered
   33-6  identification stamp issued by the commission or other
   33-7  identification approved by the commission.
   33-8        (b)  A holder of a local distributor's permit may not
   33-9  knowingly sell, ship, or deliver distilled spirits in any container
  33-10  that does not bear a serially numbered identification stamp issued
  33-11  by the commission or other identification approved by the
  33-12  commission.
  33-13        (c)  Identification stamps may be issued only to a holder of
  33-14  a local distributor's permit who shall affix the stamps as
  33-15  prescribed by the commission or administrator.
  33-16        Sec. 28.16.  PERMIT INELIGIBILITY.  A mixed beverage permit
  33-17  may not be issued to:
  33-18              (1)  a person whose permit was canceled for a violation
  33-19  of Section 28.06(c) of this code;
  33-20              (2)  a person who held an interest in a permit that was
  33-21  canceled for a violation of Section 28.06(c) of this code;
  33-22              (3)  a person who held 50 percent or more of the stock,
  33-23  directly or indirectly, of a corporation whose permit was canceled
  33-24  for a violation of Section 28.06(c) of this code;
  33-25              (4)  a corporation, if a person holding 50 percent or
  33-26  more of the corporation's stock, directly or indirectly, is
  33-27  disqualified from obtaining a permit under Subdivision (3) of this
   34-1  section; or
   34-2              (5)  a person who resides with a person who is barred
   34-3  from obtaining a permit because of a violation of Section 28.06(c)
   34-4  of this code.
   34-5        Sec. 28.17.  SUMMARY SUSPENSION.  (a)  The commission may
   34-6  summarily suspend, without a hearing, the permit of a permittee who
   34-7  fails to file a return or make a tax payment.  The Administrative
   34-8  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
   34-9  Civil Statutes) does not apply to the commission in the enforcement
  34-10  and administration of this section.
  34-11        (b)  A suspension under this section takes effect on the
  34-12  third day after the date the notice of suspension is provided.
  34-13  Notice of suspension shall be sent by registered or certified mail
  34-14  to the permittee or the permittee's agent, servant, or employee if
  34-15  not given in person.
  34-16        (c)  The commission shall terminate a suspension made under
  34-17  this section when the permittee files all required returns and
  34-18  makes all required tax payments, including payment of penalties
  34-19  that are due.
  34-20        SECTION 38.  Section 30.03(a), Alcoholic Beverage Code, is
  34-21  amended to read as follows:
  34-22        (a)  The commission may, in its discretion, issue on a
  34-23  temporary basis a daily temporary mixed beverage permit.  A daily
  34-24  temporary mixed beverage permit may be issued only to a holder of a
  34-25  mixed beverage permit for the temporary sale of authorized
  34-26  alcoholic beverages at picnics, celebrations, or similar events, or
  34-27  to a political party or political association supporting a
   35-1  candidate for public office or a proposed amendment to the Texas
   35-2  Constitution or other ballot measure, to an organization formed for
   35-3  a specific charitable or civic purpose, to a fraternal organization
   35-4  in existence for over five years with a regular membership, or to a
   35-5  religious organization.  The commission shall not issue more than
   35-6  10 <two> temporary mixed beverage permits in each calendar year to
   35-7  a person who does not also hold a mixed beverage permit.
   35-8        SECTION 39.  Section 31.01, Alcoholic Beverage Code, is
   35-9  amended to read as follows:
  35-10        Sec. 31.01.  Authorized Activities.  The holder of a
  35-11  caterer's permit may sell mixed beverages on a temporary basis at a
  35-12  place other than the premises for which the holder's mixed beverage
  35-13  permit is issued<, but> only in:
  35-14              (1)  an area where the sale of mixed beverages has been
  35-15  authorized by a local option election; or
  35-16              (2)  an area that:
  35-17                    (A)  is adjacent to a county with a home-rule
  35-18  municipality with a population of more than 350,000:
  35-19                          (i)  that has in its charter a provision
  35-20  allowing for limited purpose annexation for zoning;
  35-21                          (ii)  that has previously disannexed
  35-22  territory annexed for limited purposes; and
  35-23                          (iii)  that allows the sale of mixed
  35-24  beverages;
  35-25                    (B)  does not comprise an entire county; and
  35-26                    (C)  is not within the corporate limits of a
  35-27  municipality.
   36-1        SECTION 40.  Section 32.02(b), Alcoholic Beverage Code, is
   36-2  amended to read as follows:
   36-3        (b)  The annual state fee shall be computed at the election
   36-4  of the permittee by using one of the following methods:
   36-5              (1)  A fee based on the highest number of members in
   36-6  good standing during the year for which the permit fee is paid
   36-7  according to the following rates:
   36-8                    0   to   250 members - $  750
   36-9                    251 to   450 members - $1,350
  36-10                    451 to   650 members - $1,950
  36-11                    651 to   850 members - $2,550
  36-12                    851 to 1,000 members - $3,000
  36-13                    Over 1,000 members - $3 per member <of $3 for
  36-14  each member entitled to privileges of the club during the permit
  36-15  year with a minimum fee of $750>; or
  36-16              (2)  A fee for an original private club registration
  36-17  permit of $3,500, with a fee for the first renewal of a private
  36-18  club registration permit of $2,750, and a fee for the second and
  36-19  each subsequent renewal of a private club registration permit of
  36-20  $2,000.
  36-21        SECTION 41.  Section 32.17(a), Alcoholic Beverage Code, is
  36-22  amended to read as follows:
  36-23        (a)  The commission or administrator may cancel or suspend
  36-24  for a period of time not exceeding 60 days, after notice and
  36-25  hearing, an original or renewal private club registration permit on
  36-26  finding that the permittee club has:
  36-27              (1)  sold, offered for sale, purchased, or held title
   37-1  to any liquor so as to constitute an open saloon;
   37-2              (2)  refused to allow an authorized agent or
   37-3  representative of the commission or a peace officer to come on the
   37-4  club premises for the purposes of inspecting alcoholic beverages
   37-5  stored on the premises or investigating compliance with the
   37-6  provisions of this code;
   37-7              (3)  refused to furnish the commission or its agent or
   37-8  representative when requested any information pertaining to the
   37-9  storage, possession, serving, or consumption of alcoholic beverages
  37-10  on club premises;
  37-11              (4)  permitted or allowed any alcoholic beverages
  37-12  stored on club premises to be served or consumed at any place other
  37-13  than on the club premises;
  37-14              (5)  failed to maintain an adequate building at the
  37-15  address for which the private club registration permit was issued;
  37-16              (6)  caused, permitted, or allowed any member of a club
  37-17  in a dry area to store any liquor on club premises except under the
  37-18  locker system;
  37-19              (7)  caused, permitted, or allowed any person to
  37-20  consume or be served any alcoholic beverage on the club premises:
  37-21                    (A)  at any time on Sunday between the hours of
  37-22  1:15 a.m. and 10 a.m. <12 noon> or on any other day at any time
  37-23  between the hours of 12:15 a.m. and 7 a.m., if the club does not
  37-24  have a private club late hours permit, except that an alcoholic
  37-25  beverage served to a customer between 10 a.m. and 12 noon on Sunday
  37-26  must be provided during the service of food to the customer; or
  37-27                    (B)  at any time on Sunday between the hours of 2
   38-1  a.m. and 10 a.m.  <12 noon> or on any other day at any time between
   38-2  the hours of 2 a.m. and 7 a.m., if the club has a private club late
   38-3  hours permit, except that an alcoholic beverage served to a
   38-4  customer between 10 a.m. and 12 noon on Sunday must be provided
   38-5  during the service of food to the customer; or
   38-6              (8)  violated or assisted, aided or abetted the
   38-7  violation of any provision of this code.
   38-8        SECTION 42.  Chapter 32, Alcoholic Beverage Code, is amended
   38-9  by adding Sections 32.20, 32.21, and 32.22 to read as follows:
  38-10        Sec. 32.20.  STAMPS.  (a)  A private club registration
  38-11  permittee may not possess or permit a person to possess on the
  38-12  premises distilled spirits in any container that does not bear a
  38-13  serially numbered identification stamp issued by the commission or
  38-14  other 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. 32.21.  PERMIT INELIGIBILITY.  A private club
  38-24  registration permit 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. 32.22.  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 given.  The
  39-20  notice of suspension shall be sent by registered or certified mail
  39-21  to the permittee, 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 43.  Section 42.04, Alcoholic Beverage Code, is
   40-1  amended by adding Subsection (d) to read as follows:
   40-2        (d)  A holder of a winery permit is exempt from the
   40-3  requirements of this section for the transportation of its wine.
   40-4        SECTION 44.  Section 45.03(d), Alcoholic Beverage Code, is
   40-5  amended to read as follows:
   40-6        (d)  Except as provided by Section 45.04 of this code, no
   40-7  <No> storage permit may be issued for a location in a dry area.
   40-8        SECTION 45.  Chapter 45, Alcoholic Beverage Code, is amended
   40-9  by adding Section 45.04 to read as follows:
  40-10        Sec. 45.04.  WINERY STORAGE PERMIT.  A holder of a winery
  40-11  permit whose winery is located in a county all or part of which is
  40-12  in a dry area may obtain a storage permit to store the winery's
  40-13  product in a dry area of that county if:
  40-14              (1)  the holder of the winery permit obtains a permit
  40-15  for each place of storage; and
  40-16              (2)  the product to be stored is owned by the holder of
  40-17  the winery permit and remains in the possession of the holder.
  40-18        SECTION 46.  Section 46.03, Alcoholic Beverage Code, is
  40-19  amended to read as follows:
  40-20        Sec. 46.03.  Qualifications for Permit.  (a)  A bonded
  40-21  warehouse permit may be issued to any public bonded warehouse that:
  40-22              (1)  <not located in a dry area which> derives at least
  40-23  50 percent of its gross revenue in a bona fide manner during each
  40-24  three-month period from the storage of goods or merchandise other
  40-25  than liquor; and
  40-26              (2)  is not located in a dry area.
  40-27        (b)  A bonded warehouse permit may be issued to a public
   41-1  bonded warehouse described by Subsection (a)(1) of this section
   41-2  that is located in a dry area only for the storage of the wine of
   41-3  the holder of a winery permit who holds a permit authorizing its
   41-4  storage in a public bonded warehouse.
   41-5        SECTION 47.  Section 51.04(b), Alcoholic Beverage Code, is
   41-6  amended to read as follows:
   41-7        (b)  A minibar may not be restocked or replenished during any
   41-8  hours that a mixed beverage permittee may not sell alcoholic
   41-9  beverages at the location as provided by Section 105.03 of this
  41-10  code <between the hours of 9 p.m. and 9 a.m. or on any Sunday,> and
  41-11  it may contain no more than 40 individual containers of alcoholic
  41-12  beverages at any one time.
  41-13        SECTION 48.  Subchapter A, Chapter 61, Alcoholic Beverage
  41-14  Code, is amended by adding Section 61.13 to read as follows:
  41-15        Sec. 61.13.  CONDUCT SURETY BOND.  (a)  Except as provided in
  41-16  Subsection (e) of this section, an applicant for a license or a
  41-17  holder of a license issued under Chapter 69 of this code shall file
  41-18  with the commission a surety bond in the amount of $5,000
  41-19  conditioned on the applicant's or holder's conformance with
  41-20  alcoholic beverage law.
  41-21        (b)  A surety bond required under this section shall contain
  41-22  the following statements on the face of the bond:
  41-23              (1)  that the holder of the license will not violate a
  41-24  law of the state relating to alcoholic beverages or a rule of the
  41-25  commission; and
  41-26              (2)  that the holder of the license agrees that the
  41-27  amount of the bond shall be paid to the state if the license is
   42-1  revoked.
   42-2        (c)  The commission shall adopt rules relating to the:
   42-3              (1)  form of a surety bond;
   42-4              (2)  qualifications for a surety;
   42-5              (3)  method for filing and obtaining approval of the
   42-6  bond by the commission; and
   42-7              (4)  release or discharge of the bond.
   42-8        (d)  A holder of a license required to file a surety bond may
   42-9  furnish instead of all or part of the required bond amount:
  42-10              (1)  one or more certificates of deposit assigned to
  42-11  the state issued by a federally insured bank or savings institution
  42-12  authorized to do business in this state; or
  42-13              (2)  one or more letters of credit issued by a
  42-14  federally insured bank or savings institution authorized to do
  42-15  business in this state.
  42-16        (e)  A holder of a license issued under this code who has
  42-17  held a permit for three years or more before the date the holder
  42-18  applied for renewal of the license is not required to furnish a
  42-19  surety bond if the holder:
  42-20              (1)  has not had a license or permit issued under this
  42-21  code revoked in the five years before the date the holder applied
  42-22  for renewal of the license;
  42-23              (2)  is not the subject of a pending permit or license
  42-24  revocation proceeding; and
  42-25              (3)  has continuously operated on the licensed premises
  42-26  for three years or more before the date the holder applied for
  42-27  renewal of the license.
   43-1        (f)  If a holder of a license is exempt from furnishing a
   43-2  conduct surety bond under Subsection (e) of this section, the
   43-3  holder shall be exempt from furnishing the bond at another location
   43-4  where the holder applies for or holds a license.
   43-5        (g)  This section applies only in a county having a
   43-6  population of 2.4 million or more.
   43-7        SECTION 49.  Subtitle A, Title 3, Alcoholic Beverage Code, is
   43-8  amended by adding Chapter 52 to read as follows:
   43-9              CHAPTER 52.  PACKAGE STORE TASTING PERMIT
  43-10        Sec. 52.01.  AUTHORIZED ACTIVITIES.  (a)  The holder of a
  43-11  package store tasting permit may conduct product tastings of
  43-12  distilled spirits, wine, beer, and malt-based or spirit-based
  43-13  coolers on the licensed premises of the holder's package store
  43-14  during regular business hours as provided by this section.
  43-15        (b)  Written notification of a product tasting must be made
  43-16  to the commission by mailing a letter to the commission not later
  43-17  than 72 hours before the tasting event.  The notification shall
  43-18  clearly state:
  43-19              (1)  the type and brand of alcoholic beverage to be
  43-20  tasted;
  43-21              (2)  the date and hours the tasting is to take place;
  43-22  and
  43-23              (3)  the address of the premises where the tasting is
  43-24  to occur.
  43-25        (c)  A copy of the notification shall be kept on file and
  43-26  available for inspection on the premises during all tasting hours.
  43-27        (d)  Sample portions at a product tasting shall be limited to
   44-1  no more than:
   44-2              (1)  one-half ounce for distilled spirits;
   44-3              (2)  one ounce for wine; and
   44-4              (3)  one ounce for beer and coolers.
   44-5        (e)  At any one time, not more than two of the following
   44-6  categories may be tasted:
   44-7              (1)  distilled spirits;
   44-8              (2)  wine; or
   44-9              (3)  beer and coolers.
  44-10        (f)  When distilled spirits are tasted, not more than one
  44-11  brand or type may be made available for tasting at one time.  When
  44-12  wine is tasted, not more than three different wines may be made
  44-13  available for tasting at any one time.  When beer or coolers are
  44-14  tasted, not more than two brands or types of beer or coolers may be
  44-15  made available at any one time.
  44-16        (g)  No charge of any sort may be made for a sample serving.
  44-17        (h)  A person may be served more than one sample.  Samples
  44-18  may not be served to a minor or to an obviously intoxicated person.
  44-19  No samples may be removed from the licensed premises.
  44-20        (i)  During the tasting, not more than two containers of each
  44-21  brand or type of product being tasted may be open on the premises
  44-22  at one time.
  44-23        (j)  At the conclusion of the tasting, all empty or open
  44-24  containers of alcoholic beverages used in the tasting shall be
  44-25  removed from the premises.
  44-26        (k)  A tasting event authorized by this section may not be
  44-27  advertised except by on-site communications or by direct mail.
   45-1        (l)  A person other than the permittee or the permittee's
   45-2  agent or employee may not dispense or participate in the dispensing
   45-3  of alcoholic beverages under this chapter.
   45-4        Sec. 52.02.  FEE.  The annual state fee for a package store
   45-5  tasting permit is $25.  The fee is in addition to and subject to
   45-6  the same conditions as the fee paid for the holder's package store
   45-7  permit.
   45-8        Sec. 52.03.  ELIGIBILITY FOR PERMIT.  The commission or the
   45-9  administrator may only issue a package store tasting permit to a
  45-10  holder of a package store permit.  For the purposes of this code
  45-11  and any other law of the state or political subdivision of the
  45-12  state, a package store tasting permit may not be considered a
  45-13  permit authorizing the sale of alcoholic beverages for on-premise
  45-14  consumption.  Since no charge may be made for a sample tasted on
  45-15  the premises of a package store, none of a package store's revenue
  45-16  may be deemed to be revenue from the on-premise sale of alcoholic
  45-17  beverages.
  45-18        SECTION 50.  Section 61.42(a), Alcoholic Beverage Code, is
  45-19  amended to read as follows:
  45-20        (a)  The county judge shall refuse to approve an application
  45-21  for a license as a distributor or retailer if he has reasonable
  45-22  grounds to believe and finds that:
  45-23              (1)  the applicant is a minor;
  45-24              (2)  the applicant is indebted to the state for any
  45-25  taxes, fees, or penalties imposed by this code or by rule of the
  45-26  commission;
  45-27              (3)  the place or manner in which the applicant for a
   46-1  retail dealer's license may conduct his business warrants a refusal
   46-2  of a license based on the general welfare, health, peace, morals,
   46-3  safety, and sense of decency of the people;
   46-4              (4)  the applicant is in the habit of using alcoholic
   46-5  beverages to excess or is mentally or physically incompetent;
   46-6              (5)  the applicant is not a United States citizen or
   46-7  has not been a citizen of Texas for a period of one year <three
   46-8  years> immediately preceding the filing of his application, unless
   46-9  he was issued an original or renewal license on or before September
  46-10  1, 1948;
  46-11              (6)  the applicant was finally convicted of a felony
  46-12  during the two years immediately preceding the filing of his
  46-13  application;
  46-14              (7)  the applicant is not of good moral character or
  46-15  his reputation for being a peaceable, law-abiding citizen in the
  46-16  community where he resides is bad; or
  46-17              (8)  as to a corporation, it is not incorporated under
  46-18  the laws of this state, or at least 51 percent of the corporate
  46-19  stock is not owned at all times by persons who individually are
  46-20  qualified to obtain a license, except that this subdivision does
  46-21  not apply to a holder of any renewal of a distributor's license
  46-22  which was in effect on January 1, 1953, or to an applicant for a
  46-23  beer retailer's on-premise license for a railway car.
  46-24        SECTION 51.  Section 61.42(c), Alcoholic Beverage Code, is
  46-25  amended to read as follows:
  46-26        (c)  The county judge, commission, or administrator shall
  46-27  refuse to approve or issue for a period of one year a retail
   47-1  dealer's on-premise license or a wine and beer retailer's permit
   47-2  for a premises where a license or permit has <two licenses or
   47-3  permits have> been canceled during the preceding 12 months as a
   47-4  result of a shooting, stabbing, or other violent act, or as a
   47-5  result of an offense involving drugs.
   47-6        SECTION 52.  Section 61.43, Alcoholic Beverage Code, is
   47-7  amended to read as follows:
   47-8        Sec. 61.43.  Discretionary Grounds for Refusal:  Distributor
   47-9  or Retailer.  The county judge may refuse to approve an application
  47-10  for a license as a distributor or retailer if he has reasonable
  47-11  grounds to believe and finds that:
  47-12              (1)  the applicant has been finally convicted in a
  47-13  court of competent jurisdiction for the violation of a provision of
  47-14  this code during the two years immediately preceding the filing of
  47-15  his application;
  47-16              (2)  two years has not elapsed since the termination,
  47-17  by pardon or otherwise, of a sentence imposed for conviction of a
  47-18  felony;
  47-19              (3)  the applicant has violated or caused to be
  47-20  violated a provision of this code or a rule or regulation of the
  47-21  commission, for which a suspension was not imposed, during the
  47-22  12-month period immediately preceding the filing of his
  47-23  application;
  47-24              (4)  the applicant failed to answer or falsely or
  47-25  incorrectly answered a question in his original or renewal
  47-26  application;
  47-27              (5)  the applicant for a retail dealer's license does
   48-1  not have an adequate building available at the address for which
   48-2  the license is sought before conducting any activity authorized by
   48-3  the license;
   48-4              (6)  the applicant or a person with whom he is
   48-5  residentially domiciled had an interest in a license or permit
   48-6  which was cancelled or revoked within the 12-month period
   48-7  immediately preceding the filing of his application;
   48-8              (7)  the applicant failed or refused to furnish a true
   48-9  copy of his application to the commission's district office in the
  48-10  district in which the premises sought to be licensed are located;
  48-11              (8)  the premises on which beer is to be sold for
  48-12  on-premises consumption does not have running water, if it is
  48-13  available, or does not have separate free toilets for males and
  48-14  females, properly identified, on the premises for which the license
  48-15  is sought;
  48-16              (9)  the applicant for a retail dealer's license will
  48-17  conduct his business in a manner contrary to law or in a place or
  48-18  manner conducive to a violation of the law; or
  48-19              (10)  the place, building, or premises for which the
  48-20  license is sought was used for selling alcoholic beverages in
  48-21  violation of the law at any time during the six months immediately
  48-22  preceding the filing of the application or was used, operated, or
  48-23  frequented during that time for a purpose or in a manner which was
  48-24  lewd, immoral, offensive to public decency, or contrary to this
  48-25  code.
  48-26        SECTION 53.  Section 61.71, Alcoholic Beverage Code, is
  48-27  amended by amending Subsection (a) and adding Subsection (f) to
   49-1  read as follows:
   49-2        (a)  The commission or administrator may suspend for not more
   49-3  than 60 days or cancel an original or renewal retail dealer's on-
   49-4  or off-premise license if it is found, after notice and hearing,
   49-5  that the licensee:
   49-6              (1)  violated a provision of this code or a rule of the
   49-7  commission during the existence of the license sought to be
   49-8  cancelled or suspended or during the immediately preceding license
   49-9  period;
  49-10              (2)  was finally convicted for violating a penal
  49-11  provision of this code;
  49-12              (3)  was finally convicted of a felony while holding an
  49-13  original or renewal license;
  49-14              (4)  made a false statement or a misrepresentation in
  49-15  his original application or a renewal application;
  49-16              (5)  with criminal negligence <knowingly> sold, served,
  49-17  or delivered beer to a minor;
  49-18              (6)  sold, served, or delivered beer to an intoxicated
  49-19  person;
  49-20              (7)  sold, served, or delivered beer at a time when its
  49-21  sale is prohibited;
  49-22              (8)  entered or offered to enter an agreement,
  49-23  condition, or system which would constitute the sale or possession
  49-24  of alcoholic beverages on consignment;
  49-25              (9)  possessed on the licensed premises, or on adjacent
  49-26  premises directly or indirectly under his control, an alcoholic
  49-27  beverage not authorized to be sold on the licensed premises, or
   50-1  permitted an agent, servant, or employee to do so, except as
   50-2  permitted by Section 22.06, 24.05, or 102.05 of this code;
   50-3              (10)  does not have at his licensed premises running
   50-4  water, if it is available, and separate toilets for both sexes
   50-5  which are properly identified;
   50-6              (11)  permitted a person on the licensed premises to
   50-7  engage in conduct which is lewd, immoral, or offensive to public
   50-8  decency;
   50-9              (12)  employed a person under 18 years of age to sell,
  50-10  handle, or dispense beer, or to assist in doing so, in an
  50-11  establishment where beer is sold for on-premises consumption;
  50-12              (13)  conspired with a person to violate Section
  50-13  101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or
  50-14  108.04-108.06 of this code, or a rule promulgated under Section
  50-15  5.40 of this code, or accepted a benefit from an act prohibited by
  50-16  any of these sections or rules;
  50-17              (14)  refused to permit or interfered with an
  50-18  inspection of the licensed premises by an authorized representative
  50-19  of the commission or a peace officer;
  50-20              (15)  permitted the use or display of his license in
  50-21  the conduct of a business for the benefit of a person not
  50-22  authorized by law to have an interest in the license;
  50-23              (16)  maintained blinds or barriers at his place of
  50-24  business in violation of this code;
  50-25              (17)  conducted his business in a place or manner which
  50-26  warrants the cancellation or suspension of the license based on the
  50-27  general welfare, health, peace, morals, safety, and sense of
   51-1  decency of the people;
   51-2              (18)  consumed an alcoholic beverage or permitted one
   51-3  to be consumed on the licensed premises at a time when the
   51-4  consumption of alcoholic beverages is prohibited by this code;
   51-5              (19)  purchased beer for the purpose of resale from a
   51-6  person other than the holder of a manufacturer's or distributor's
   51-7  license;
   51-8              (20)  acquired an alcoholic beverage for the purpose of
   51-9  resale from another retail dealer of alcoholic beverages;
  51-10              (21)  owned an interest of any kind in the business or
  51-11  premises of the holder of a distributor's license;
  51-12              (22)  purchased, sold, offered for sale, distributed,
  51-13  or delivered an alcoholic beverage, or consumed an alcoholic
  51-14  beverage or permitted one to be consumed on the licensed premises
  51-15  while his license was under suspension;
  51-16              (23)  purchased, possessed, stored, sold, or offered
  51-17  for sale beer in or from an original package bearing a brand or
  51-18  trade name of a manufacturer other than the brand or trade name
  51-19  shown on the container;
  51-20              (24)  habitually uses alcoholic beverages to excess, is
  51-21  mentally incompetent, or is physically unable to manage his
  51-22  establishment;
  51-23              (25)  imported beer into this state except as
  51-24  authorized by Section 107.07 of this code;
  51-25              (26)  occupied premises in which the holder of a
  51-26  manufacturer's or distributor's license had an interest of any
  51-27  kind;
   52-1              (27)  knowingly permitted a person who had an interest
   52-2  in a permit or license which was cancelled for cause to sell,
   52-3  handle, or assist in selling or handling alcoholic beverages on the
   52-4  licensed premises within one year after the cancellation;
   52-5              (28)  was financially interested in a place of business
   52-6  engaged in the selling of distilled spirits or permitted a person
   52-7  having an interest in that type of business to have a financial
   52-8  interest in the business authorized by his license, except as
   52-9  permitted by Section 22.06, 24.05, or 102.05 of this code;
  52-10              (29)  is residentially domiciled with or related to a
  52-11  person engaged in selling distilled spirits, except as permitted by
  52-12  Section 22.06, 24.05, or 102.05 of this code, so that there is a
  52-13  community of interests which the commission or administrator finds
  52-14  contrary to the purposes of this code; or
  52-15              (30)  is residentially domiciled with or related to a
  52-16  person whose license has been cancelled within the preceding 12
  52-17  months so that there is a community of interests which the
  52-18  commission or administrator finds contrary to the purposes of this
  52-19  code.
  52-20        (f)  The commission or administrator shall cancel an original
  52-21  or renewal dealer's on-premises or off-premises license if it is
  52-22  found, after notice and hearing, that the licensee knowingly
  52-23  allowed a person to possess a firearm in a building on the licensed
  52-24  premises.  This subsection does not apply to a person:
  52-25              (1)  who holds a security officer commission issued by
  52-26  the Texas Board of Private Investigators and Private Security
  52-27  Agencies, if:
   53-1                    (A)  the person is engaged in the performance of
   53-2  the person's duties as a security officer;
   53-3                    (B)  the person is wearing a distinctive uniform;
   53-4  and
   53-5                    (C)  the weapon is in plain view; or
   53-6              (2)  who is a peace officer.
   53-7        SECTION 54.  Section 61.74(a), Alcoholic Beverage Code, is
   53-8  amended to read as follows:
   53-9        (a)  The commission or administrator may suspend for not more
  53-10  than 60 days or cancel an original or renewal general, local, or
  53-11  branch distributor's license if it is found, after notice and
  53-12  hearing, that the licensee:
  53-13              (1)  violated a provision of this code or a rule of the
  53-14  commission during the existence of the license sought to be
  53-15  cancelled or suspended or during the immediately preceding license
  53-16  period;
  53-17              (2)  was finally convicted for violating a penal
  53-18  provision of this code;
  53-19              (3)  was finally convicted of a felony while holding an
  53-20  original or renewal license;
  53-21              (4)  violated Section 101.41-101.43, 101.68,
  53-22  102.11-102.15, 104.04, 108.01, or 108.04-108.06 of this code, or a
  53-23  rule or regulation promulgated under Section 5.40 of this code;
  53-24              (5)  failed to comply with a requirement of the
  53-25  commission relating to the keeping of records or making of reports;
  53-26              (6)  failed to pay any tax due the state on any beer he
  53-27  sold, stored, or transported;
   54-1              (7)  refused to permit or interfered with an inspection
   54-2  of his licensed premises, vehicles, books, or records by an
   54-3  authorized representative of the commission;
   54-4              (8)  consummated a sale of beer outside the county or
   54-5  counties in which he was authorized to sell beer by his license;
   54-6              (9)  purchased, sold, offered for sale, distributed, or
   54-7  delivered beer while his license was under suspension;
   54-8              (10)  permitted the use of his license in the operation
   54-9  of a business conducted for the benefit of a person not authorized
  54-10  by law to have an interest in the business;
  54-11              (11)  made a false or misleading representation or
  54-12  statement in his original application or a renewal application;
  54-13              (12)  habitually uses alcoholic beverages to excess, is
  54-14  mentally incompetent, or is physically unable to manage his
  54-15  establishment;
  54-16              (13)  misrepresented any beer sold by him to a retailer
  54-17  or to the public;
  54-18              (14)  with criminal negligence <knowingly> sold or
  54-19  delivered beer to a minor; or
  54-20              (15)  purchased, possessed, stored, sold, or offered
  54-21  for sale beer in an original package bearing a brand or trade name
  54-22  of a manufacturer other than the brand or trade name of the
  54-23  manufacturer shown on the container.
  54-24        SECTION 55.  Chapter 62, Alcoholic Beverage Code, is amended
  54-25  by adding Section 62.13 to read as follows:
  54-26        Sec. 62.13.  LICENSED WAREHOUSE FOR IMPORTATION OF BEER.  On
  54-27  application and payment of a fee to be set by the commission, the
   55-1  holder of a manufacturer's license may be issued a license for a
   55-2  warehouse located in an area where the sale of beer is lawful and
   55-3  may import beer from outside the state for delivery to the licensed
   55-4  warehouse for sale to beer distributors or  for removal to other
   55-5  warehouses of the manufacturer.  The manufacturer shall make and
   55-6  keep a record of the receipt, sale, and other movement of beer
   55-7  received at the licensed warehouse and any other records that the
   55-8  commission or administrator requires.  This section applies only to
   55-9  a holder of a manufacturer's license who, on January 1, 1993,
  55-10  operated under Sections 62.12 and 203.08 of this code.
  55-11        SECTION 56.  Chapter 69, Alcoholic Beverage Code, is amended
  55-12  by adding Section 69.15 to read as follows:
  55-13        Sec. 69.15.  RESTRICTIONS ON LOCATION IN CERTAIN
  55-14  MUNICIPALITIES.  (a)  Section 11.52 of this code applies to the
  55-15  issuance of a retail dealer's on-premise license as if the license
  55-16  were a permit to which this section applies.
  55-17        (b)  Section 61.31(b) of this code does not apply to an
  55-18  application for a retail dealer's on-premise license.
  55-19        SECTION 57.  Section 73.01, Alcoholic Beverage Code, is
  55-20  amended to read as follows:
  55-21        Sec. 73.01.  AUTHORIZED ACTIVITIES.  Subject to the
  55-22  limitations imposed in Section 73.011 of this code or elsewhere in
  55-23  this code, the <The> holder of an agent's beer license, acting as
  55-24  an employee or representative of a licensed manufacturer of beer
  55-25  located inside or outside the state or as an employee or
  55-26  representative of a licensed distributor, may:
  55-27              (1)  promote the sale of beer through methods such as
   56-1  solicitation, display, advertising, and personal contact with
   56-2  licensed retailers of beer and their agents, servants, and
   56-3  employees, and with consumers of beer; and
   56-4              (2)  sell beer and offer it for sale.
   56-5        SECTION 58.  Chapter 73, Alcoholic Beverage Code, is amended
   56-6  by adding Section 73.011 to read as follows:
   56-7        Sec. 73.011.  LIMITATIONS ON AUTHORITY OF AGENT'S BEER
   56-8  LICENSEE.  (a)  A holder of an agent's beer license who is an
   56-9  employee or agent of a manufacturer's licensee or a nonresident
  56-10  manufacturer's licensee may not represent that the holder is the
  56-11  agent of or is acting on behalf of a licensed distributor.  An
  56-12  agent may not engage in conduct that is prohibited by Section
  56-13  102.75  of this code or other provisions of this code.
  56-14        (b)  A holder of an agent's beer license may not make a
  56-15  representation, solicitation, or offer that this code or the rules
  56-16  of the commission prohibits the agent's employer from offering,
  56-17  making, or fulfilling.
  56-18        SECTION 59.  Subtitle B, Title 3, Alcoholic Beverage Code, is
  56-19  amended by adding Chapter 74 to read as follows:
  56-20                     CHAPTER 74.  BREWPUB LICENSE
  56-21        Sec. 74.01.  AUTHORIZED ACTIVITIES.  (a)  A holder of a
  56-22  brewpub license for a brewpub located in a wet area, as that term
  56-23  is described by Section 251.71 of this code, may:
  56-24              (1)  manufacture, brew, bottle, can, package, and label
  56-25  malt liquor, ale, and beer;
  56-26              (2)  sell or offer without charge, on the premises of
  56-27  the   brewpub, to ultimate consumers for consumption on or off
   57-1  those premises, malt liquor, ale, or beer produced by the holder,
   57-2  in or from a lawful container, to the extent the sales or offers
   57-3  are allowed under the holder's other permits or licenses; and
   57-4              (3)  sell food on the premises of the holder's
   57-5  breweries.
   57-6        (b)  The holder of a brewpub license may establish, operate,
   57-7  or maintain one or more licensed brewpubs in this state under the
   57-8  same general management or ownership.  The holder shall pay the fee
   57-9  assessed by the commission for each establishment.  For the
  57-10  purposes of this subsection, two or more establishments are under
  57-11  the same general management or ownership if:
  57-12              (1)  the establishments bottle the same brand of malt
  57-13  liquor, beer,  or ale or bottle malt liquor, beer, or ale brewed by
  57-14  the same manufacturer; or
  57-15              (2)  the person, regardless of domicile, who
  57-16  establishes, operates, or maintains the establishments is
  57-17  controlled or directed by one management or by an association of
  57-18  ultimate management.
  57-19        (c)  A holder of a brewpub license must also hold a wine and
  57-20  beer retailer's permit, a mixed beverage permit, or a retail
  57-21  dealer's on-premise license.
  57-22        (d)  The holder of a brewpub license may not hold or have an
  57-23  interest either directly or indirectly, or through a subsidiary,
  57-24  affiliate, agent, employee, officer, director, or other person, in
  57-25  a manufacturer's or distributor's license or any other license or
  57-26  permit in the manufacturing or wholesaling levels of the alcoholic
  57-27  beverage industry regardless of the specific names given to permits
   58-1  or licenses in Title 3 of this code.  The holder shall be
   58-2  considered a "retailer" for purposes of Section 102.01 of this
   58-3  code.
   58-4        (e)  A holder of a retail dealer's on-premise license who
   58-5  obtains a brewpub license may not manufacture, brew, bottle, can,
   58-6  package, label, sell, or offer without charge malt liquor or ale.
   58-7        (f)  A holder of a brewpub license may not sell an alcoholic
   58-8  beverage for resale.
   58-9        Sec. 74.02.  FEE.  The annual state fee for a brewpub license
  58-10  is $500.
  58-11        Sec. 74.03.  PRODUCTION LIMIT.  The total annual production
  58-12  of malt liquor, ale, and beer by a holder of a brewpub license may
  58-13  not exceed 5,000 barrels for each licensed brewpub established,
  58-14  operated, or maintained by the holder in this state.
  58-15        Sec. 74.04.  LICENSE APPLICATION, RENEWAL, AND MAINTENANCE;
  58-16  RECORDS; LICENSE ISSUANCE.  All provisions of this code that apply
  58-17  to a brewpub licensee's wine and beer retailer's permit, mixed
  58-18  beverage permit, or retail dealer's on-premise license also apply
  58-19  to the brewpub license.
  58-20        Sec. 74.05.  STATEMENT OF INTENT.  An applicant for a brewpub
  58-21  license shall file with the application a sworn statement that the
  58-22  applicant shall be engaged in the business of brewing and packaging
  58-23  malt liquor, ale, or beer in this state in quantities sufficient to
  58-24  operate a brewpub not later than six months after the date of
  58-25  issuance of the original license.  If the applicant is a
  58-26  corporation, the statement must be signed by a principal corporate
  58-27  officer.  A county judge may not issue a brewpub license to an
   59-1  applicant who does not submit the required  sworn statement with
   59-2  the application for a license.
   59-3        Sec. 74.06.  QUALITY STANDARDS.  Manufacturing or brewing
   59-4  equipment used by a holder of a brewpub license, and process,
   59-5  labeling, and packaging conducted by a holder of a brewpub license,
   59-6  shall conform to standards and tax requirements imposed by this
   59-7  code and the commission's rules for the manufacture of beer and the
   59-8  brewing of ale and malt liquor and shall conform to any standards
   59-9  that may be applied by the agency of the United States charged with
  59-10  supervising and inspecting the manufacture and brewing of alcoholic
  59-11  beverages.
  59-12        Sec. 74.07.  CONTAINER SIZE.  In addition to any other
  59-13  container for beer, ale, or malt liquor authorized elsewhere in
  59-14  this code, a holder of a brewpub license may store or serve to
  59-15  consumers beer, ale, or malt liquor manufactured by the holder of
  59-16  the license at the premises of the brewpub license from any
  59-17  container having the capacity of one barrel or whole multiples of
  59-18  one barrel.
  59-19        SECTION 60.  Section 101.66, Alcoholic Beverage Code, is
  59-20  amended to read as follows:
  59-21        Sec. 101.66.  BEVERAGES OF CERTAIN ALCOHOL CONTENT
  59-22  PROHIBITED.  No person may manufacture, sell, barter, or exchange a
  59-23  beverage that contains alcohol in excess of one-half of one percent
  59-24  by volume and not more than four percent of alcohol by weight,
  59-25  except beer, wine coolers, and spirit coolers.
  59-26        SECTION 61.  Section 101.41, Alcoholic Beverage Code, is
  59-27  amended to read as follows:
   60-1        Sec. 101.41.  Containers, Packaging, and Dispensing Equipment
   60-2  of Beer:  Labels.  (a)  No manufacturer or distributor, directly or
   60-3  indirectly or through a subsidiary, affiliate, agent, employee,
   60-4  officer, director, or firm member, may manufacture, sell, or
   60-5  otherwise introduce into commerce any container, packaging, or
   60-6  dispensing equipment of beer that does not meet the requirements of
   60-7  this section.
   60-8        (b)  Every container of beer must have a label or imprint in
   60-9  legible type showing the full name and address of the manufacturer
  60-10  and, if it contains a special brand brewed for a distributor, of
  60-11  the distributor.  Any box, crate, carton, or similar device in
  60-12  which containers of beer are sold or transported must have a label
  60-13  meeting the same requirements.
  60-14        (c)  The label of a container of beer must state the net
  60-15  contents in terms of United States liquor measure.
  60-16        (d)  No container, packaging material, or dispensing
  60-17  equipment may bear a label or imprint that:
  60-18              (1)  by wording, lettering, numbering, or illustration,
  60-19  or in any other manner refers or alludes to or suggests <the
  60-20  alcoholic strength of the product,> a manufacturing process, aging,
  60-21  analysis, or a scientific fact;
  60-22              (2)  refers or alludes to the "proof," "balling," or
  60-23  "extract" of the product;
  60-24              (3)  is untrue in any respect; or
  60-25              (4)  by ambiguity, omission, or inference tends to
  60-26  create a misleading impression, or causes or is calculated to cause
  60-27  deception of the consumer with respect to the product.
   61-1        SECTION 62.  Section 101.46, Alcoholic Beverage Code, is
   61-2  amended by amending Subsection (a) and adding Subsection (d) to
   61-3  read as follows:
   61-4        (a)  Except as provided by Subsections (b), <and> (c), and
   61-5  (d) of this section, no person may import, sell, or possess with
   61-6  intent to sell any liquor in a container with a capacity of less
   61-7  than six fluid ounces.
   61-8        (d)  Spirit coolers, as described by the definition of
   61-9  "distilled spirits" in Section 1.04 of this code, may be sold in
  61-10  containers with a capacity of 355 milliliters as well as in
  61-11  containers with any other capacity authorized by this code for
  61-12  distilled spirits.
  61-13        SECTION 63.  Chapter 101, Alcoholic Beverage Code, is amended
  61-14  by adding Section 101.75 to read as follows:
  61-15        Sec. 101.75.  CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR
  61-16  SCHOOLS.  (a)  A person commits an offense if the person possesses
  61-17  an open container or consumes an alcoholic beverage on a public
  61-18  street, public alley, or public sidewalk within 600 feet of the
  61-19  property line of a facility that the person knows is a public or
  61-20  private school that provides all or any part of kindergarten
  61-21  through twelfth grade.
  61-22        (b)  This section does not apply to the possession of an open
  61-23  container or the consumption at an event duly authorized by
  61-24  appropriate authorities and held in compliance with all other
  61-25  applicable provisions of this code.
  61-26        (c)  An offense under this section is a Class C misdemeanor.
  61-27        (d)  In this section, "open container" has the meaning
   62-1  assigned in Section 109.35.
   62-2        SECTION 64.  Subchapter A, Chapter 102, Alcoholic Beverage
   62-3  Code, is amended by adding Section 102.02 to read as follows:
   62-4        Sec. 102.02.  PROVIDING SAMPLES.  Notwithstanding any other
   62-5  provision of this code, the holder of a wholesaler's permit or the
   62-6  holder's agent, representative, or employee may furnish or give a
   62-7  sample of liquor to a holder of a permit authorizing the sale of
   62-8  that category of alcoholic beverage at retail if the retail
   62-9  permittee has not previously purchased that brand from that
  62-10  wholesaler permittee.  The wholesaler may give the retail permittee
  62-11  not more than 750 milliliters of any brand of distilled spirits,
  62-12  not more than three liters of any brand of wine in that package,
  62-13  and not more than one six-pack of any other alcoholic beverage so
  62-14  packaged.  The retail permittee or the permittee's agent, servant,
  62-15  or employee may sample the product on the licensed premises only if
  62-16  the wholesaler or the wholesaler's agent, servant, or employee is
  62-17  present.
  62-18        SECTION 65.  Section 102.07, Alcoholic Beverage Code, is
  62-19  amended by amending Subsections (a), (b), and (d) and by adding
  62-20  Subsections (e) and (f) to read as follows:
  62-21        (a)  Except as provided in Subsections <Subsection> (b) and
  62-22  (d) of this section, no person who owns or has an interest in the
  62-23  business of a distiller, brewer, rectifier, wholesaler, class B
  62-24  wholesaler, winery, or wine bottler, nor the agent, servant, or
  62-25  employee of such a person, may:
  62-26              (1)  own or have a direct or indirect interest in the
  62-27  business, premises, equipment, or fixtures of a retailer;
   63-1              (2)  furnish, give, or lend any money, service, or
   63-2  thing of value to a retailer;
   63-3              (3)  guarantee a financial obligation of a retailer;
   63-4              (4)  make or offer to enter an agreement, condition, or
   63-5  system which will in effect amount to the shipment and delivery of
   63-6  alcoholic beverages on consignment;
   63-7              (5)  furnish, give, rent, lend, or sell to a retail
   63-8  dealer any equipment, fixtures, or supplies to be used in selling
   63-9  or dispensing alcoholic beverages, except that alcoholic beverages
  63-10  may be packaged in combination with other items if the package is
  63-11  designed to be delivered intact to the ultimate consumer and the
  63-12  additional items have no value or benefit to the retailer other
  63-13  than that of having the potential of attracting purchases and
  63-14  promoting sales;
  63-15              (6)  pay or make an allowance to a retailer for a
  63-16  special advertising or distribution service;
  63-17              (7)  allow an excessive discount to a retailer;
  63-18              (8)  offer a prize, premium, gift, or similar
  63-19  inducement to a retailer <or consumer> or to the agent, servant, or
  63-20  employee of a retailer <either>.
  63-21        (b)  A permittee covered by Subsection (a) of this section
  63-22  may furnish to a retailer without cost advertising specialties
  63-23  showing the name of the product advertised.  The total value of all
  63-24  advertising specialties for any one brand furnished to a retailer
  63-25  in any one calendar year may not exceed $78.  Not more than once a
  63-26  year, the administrator on the administrator's own motion or on the
  63-27  motion of the permittee may increase or decrease the total amount
   64-1  of advertising specialties permitted under this subsection by not
   64-2  more than six percent based on the consumer price index and
   64-3  previous adjustments, if any.  For the purposes of this subsection,
   64-4  "consumer price index" means the annual average over a calendar
   64-5  year of the consumer price index (all items, United States city
   64-6  average) published monthly by the Bureau of Labor Statistics,
   64-7  United States Department of Labor, or its successor in function.
   64-8  Permittees covered by Subsection (a) of this section may not pool
   64-9  or combine their dollar limitations to provide a retailer with
  64-10  advertising specialties valued in excess of the maximum permitted
  64-11  under this subsection  <recipes, recipe books, book matches,
  64-12  cocktail napkins, or other advertising items showing the name of
  64-13  the permittee furnishing the items or the brand name of the product
  64-14  advertised if the individual cost of the items does not exceed 25
  64-15  cents>.
  64-16        (d)  A permittee covered under Subsection (a) of this section
  64-17  may offer  prizes, premiums, or gifts to a consumer if the offer is
  64-18  national in scope and legally offered and conducted in 30 states or
  64-19  more.  The use of rebates or coupons redeemable by the public for
  64-20  the purchase of alcoholic beverages is prohibited.  The holder of a
  64-21  winery permit may furnish to a retailer without cost recipes,
  64-22  recipe books, book matches, cocktail napkins, or other advertising
  64-23  items showing the name of the winery furnishing the items or the
  64-24  brand name of the product advertised if the individual cost of the
  64-25  items does not exceed $1.
  64-26        (e)  A permittee covered under Subsection (a) of this section
  64-27  may conduct a sweepstakes promotion if the promotion is part of a
   65-1  nationally conducted promotional activity legally offered and
   65-2  conducted at the same time in 30 or more states.  A purchase or
   65-3  entry fee may not be required of any person to enter a sweepstakes
   65-4  event authorized under this subsection.  A person affiliated with
   65-5  the alcoholic beverage industry may not receive a prize from a
   65-6  sweepstakes promotion.
   65-7        (f)  Notwithstanding Subsection (a) of this section, Section
   65-8  108.05 of this code, or any other provision of this code, a holder
   65-9  of a brewer's permit, nonresident brewer's permit, distiller's and
  65-10  rectifier's permit, winery permit, nonresident seller's permit,
  65-11  manufacturer's license, or nonresident manufacturer's license may,
  65-12  in order to promote the brand name of the permittee's or licensee's
  65-13  products, contract with a person licensed under the Texas Racing
  65-14  Act (Article 179e, Vernon's Texas Civil Statutes) for on-site
  65-15  advertising signs, for advertising in programs, and to supplement
  65-16  purses for races even though the licensees under that Act or the
  65-17  owners or operators of the racing facilities also hold a mixed
  65-18  beverage permit or other permit or license under this code.  In
  65-19  addition, a permittee or licensee described by this subsection may
  65-20  contract for off-site advertising promoting specific races.  A part
  65-21  of the cost of an advertisement or promotion authorized by this
  65-22  section may not be charged to or paid, directly or indirectly, by
  65-23  the holder of a wholesale permit, general class B wholesaler's
  65-24  permit, local class B wholesaler's permit, local distributor's
  65-25  permit, general distributor's license, or local distributor's
  65-26  license, except through the price paid by that holder for products
  65-27  purchased from the holder's supplier.
   66-1        SECTION 66.  Subchapter A, Chapter 102, Alcoholic Beverage
   66-2  Code, is amended by adding Section 102.19 to read as follows:
   66-3        Sec. 102.19.  RESTOCKING AND ROTATION OF ALCOHOLIC BEVERAGES
   66-4  AUTHORIZED.  Restocking of a display and rotation of alcoholic
   66-5  beverage stock in a retail establishment from the retailer's
   66-6  storeroom, salesroom, display counter, or cooler by a
   66-7  representative of a wholesaler or distributor is lawful.  The
   66-8  commission or administrator may publish guidelines regarding this
   66-9  activity as the commission or administrator determines to be
  66-10  necessary.
  66-11        SECTION 67.  Section 102.52, Alcoholic Beverage Code, is
  66-12  amended to read as follows:
  66-13        Sec. 102.52.  Rights of Distributors.  <(a)>  Nothing in
  66-14  Section 102.51 of this code limits or alters the right of a holder
  66-15  of a general, local, or branch distributor's license to sell beer
  66-16  to any other holder of a general, local, or branch distributor's
  66-17  license, except that a distributor who has purchased beer from
  66-18  another distributor may distribute and sell the beer only within a
  66-19  territory for which the manufacturer of the brand has designated
  66-20  that it may be sold by the general, local, or branch distributor
  66-21  making the purchase <a distributor>.
  66-22        <(b)  A holder of general, local, or branch distributor's
  66-23  license may not purchase, possess, transport, or sell any brand of
  66-24  beer outside of the county in which the distributor's licensed
  66-25  premises are located unless the distributor has a written assigned
  66-26  territory from the holder of a manufacturer's or nonresident
  66-27  manufacturer's license covering that brand of beer.>
   67-1        SECTION 68.  Chapter 104, Alcoholic Beverage Code, is amended
   67-2  by adding Section 104.05 to read as follows:
   67-3        Sec. 104.05.  SALE IN ORIGINAL PACKAGING.  (a)  This section
   67-4  applies to a permittee or licensee who is authorized to sell beer,
   67-5  malt liquor, or ale to an ultimate consumer for consumption off the
   67-6  permitted or licensed premises.
   67-7        (b)  The holder of a permit or license described in
   67-8  Subsection (a) of this section may resell beer, malt liquor, or ale
   67-9  only in the packaging in which the holder received the beer, malt
  67-10  liquor, or ale or may resell the contents of the packages as
  67-11  individual containers.
  67-12        (c)  Except for purposes of resale as individual containers,
  67-13  a licensee or permittee may not:
  67-14              (1)  mutilate, tear apart, or cut apart original
  67-15  packaging in which beer, malt liquor, or ale was received; or
  67-16              (2)  repackage beer, malt liquor, or ale in a manner
  67-17  misleading to the consumer or that results in required labeling
  67-18  being omitted or obscured.
  67-19        (d)  Nothing in this code prevents a retailer from making a
  67-20  claim for the replacement of alcoholic beverages delivered to the
  67-21  retailer by a wholesaler or distributor in a damaged condition.  A
  67-22  wholesaler or distributor may not give a refund for or replace
  67-23  alcoholic beverages that were damaged while in the possession of
  67-24  the retailer.
  67-25        (e)  To assure and control product quality, the holder of a
  67-26  distributor's license, wholesaler's permit, or class B wholesaler's
  67-27  permit, at the time of a regular delivery, may withdraw, with the
   68-1  permission of the retailer, a quantity of beer, ale, or malt liquor
   68-2  in its undamaged original packaging from the retailer's stock, if:
   68-3              (1)  the distributor, wholesaler, or class B wholesaler
   68-4  replaces the stock with beer, ale, or malt liquor of identical
   68-5  brands, quantities, and packages as the beer, ale, or malt liquor
   68-6  withdrawn;
   68-7              (2)  the stock is withdrawn before the date considered
   68-8  by the manufacturer of the product to be the date the product
   68-9  becomes inappropriate for sale to a consumer; and
  68-10              (3)  the quantity of stock withdrawn does not exceed
  68-11  the equivalent of 15 cases of 24 12-ounce containers.
  68-12        (f)  A consignment sale of an alcoholic beverage is not
  68-13  authorized under  Subsection (e) of this section.
  68-14        SECTION 69.  Section 105.02(a), Alcoholic Beverage Code, is
  68-15  amended to read as follows:
  68-16        (a)  Except as provided by Subsection (b) of this section, a
  68-17  wholesaler or a local distributor's permittee may sell, offer for
  68-18  sale, or deliver liquor to a retailer between 5 a. m. <7 a. m.> and
  68-19  9 p. m. on any day except Sunday and Christmas Day.
  68-20        SECTION 70.  Section 105.03(b), Alcoholic Beverage Code, is
  68-21  amended to read as follows:
  68-22        (b)  A mixed beverage permittee may sell and offer for sale
  68-23  mixed beverages between 7 a.m. and midnight on any day except
  68-24  Sunday.  On Sunday he may sell mixed beverages between midnight and
  68-25  1:00 a.m. and between 10 a.m. <noon> and midnight, except that an
  68-26  alcoholic beverage served to a customer between 10 a.m. and 12 noon
  68-27  on Sunday must be provided during the service of food to the
   69-1  customer.
   69-2        SECTION 71.  Section 105.04, Alcoholic Beverage Code, is
   69-3  amended to read as follows:
   69-4        Sec. 105.04.  Hours of Sale:  Wine and Beer Retailer.  The
   69-5  hours of sale and delivery for alcoholic beverages sold under a
   69-6  wine and beer retailer's permit or a wine and beer retailer's
   69-7  off-premise permit are the same as those prescribed for the sale of
   69-8  beer under Section 105.05 of this code, except that no sale shall
   69-9  be allowed between 2 a.m. and noon on Sunday.
  69-10        SECTION 72.  Section 105.05(b), Alcoholic Beverage Code, is
  69-11  amended to read as follows:
  69-12        (b)  A person may sell, offer for sale, or deliver beer
  69-13  between 7 a.m.  and midnight on any day except Sunday.  On Sunday
  69-14  he may sell beer between midnight and 1:00 a.m. and between noon
  69-15  and midnight, except that permittees or licensees authorized to
  69-16  sell for on-premise consumption may sell beer between 10:00 a.m.
  69-17  and noon if the beer is served to a customer during the service of
  69-18  food to the customer.
  69-19        SECTION 73.  Section 105.05(d), Alcoholic Beverage Code, is
  69-20  amended to read as follows:
  69-21        (d)  In a county having a population of less than 300,000,
  69-22  according to the last preceding federal census, the extended hours
  69-23  prescribed in Subsection (c) of this section or any part of the
  69-24  extended hours prescribed in Subsection (c) of this section are
  69-25  effective for the sale, offer to sell, and delivery of beer by a
  69-26  holder of a retail dealer's on-premise late hours license:
  69-27              (1)  in the unincorporated areas of the county if the
   70-1  extended hours are adopted by an order of the commissioners court;
   70-2  and
   70-3              (2)  in an incorporated city or town if the extended
   70-4  hours are adopted by an ordinance of the governing body of the city
   70-5  or town.
   70-6        SECTION 74.  Chapter 105, Alcoholic Beverage Code, is amended
   70-7  by adding Section 105.051 to read as follows:
   70-8        Sec. 105.051.  SALE OF BEER BY DISTRIBUTOR'S LICENSEE.  In
   70-9  addition to the hours specified for the sale of beer in Section
  70-10  105.05(b) of this code, the holder of a general, local, or branch
  70-11  distributor's license may sell, offer for sale, or deliver beer
  70-12  beginning at 5 a. m. on any day except Sunday.
  70-13        SECTION 75.  Section 106.02(c), Alcoholic Beverage Code, is
  70-14  amended to read as follows:
  70-15        (c)  If a person has been previously convicted of a violation
  70-16  of this section, or of Section 106.04 or 106.05 of this code, a
  70-17  violation is a misdemeanor punishable by a fine of not less than
  70-18  $250 <$100> nor more than $1,000 <$500>.
  70-19        SECTION 76.  Chapter 106, Alcoholic Beverage Code, is amended
  70-20  by adding Section 106.025 to read as follows:
  70-21        Sec. 106.025.  ATTEMPT TO PURCHASE ALCOHOL BY A MINOR.  (a)
  70-22  A minor commits an offense if, with specific intent to commit an
  70-23  offense under Section 106.02 of this code, the minor does an act
  70-24  amounting to more than mere preparation that tends but fails to
  70-25  effect the commission of the offense intended.
  70-26        (b)  Except as provided by Subsection (c) of this section, a
  70-27  violation of this section is a misdemeanor punishable by a fine of
   71-1  not less than $25 nor more than $200.
   71-2        (c)  If a person has previously been convicted of a violation
   71-3  of this section, a violation is a misdemeanor punishable by a fine
   71-4  of not less than $250 nor more than $1,000.
   71-5        SECTION 77.  Section 106.04(d), Alcoholic Beverage Code, is
   71-6  amended to read as follows:
   71-7        (d)  If a person has been previously convicted of a violation
   71-8  of this section, or of Section 106.02 or 106.05 of this code, a
   71-9  violation is a misdemeanor punishable by a fine of not less than
  71-10  $500 <$100> nor more than $1,000 <$500>.
  71-11        SECTION 78.  Section 106.05(d), Alcoholic Beverage Code, is
  71-12  amended to read as follows:
  71-13        (d)  If a person has been previously convicted of a violation
  71-14  of this section, or of Section 106.02 or 106.04 of this code, a
  71-15  violation is a misdemeanor punishable by a fine of not less than
  71-16  $500 <$100> nor more than $1,000 <$500>.
  71-17        SECTION 79.  Section 106.06(a), Alcoholic Beverage Code, is
  71-18  amended to read as follows:
  71-19        (a)  Except as provided in Subsection (b) of this section, a
  71-20  person commits an offense if he purchases an alcoholic beverage for
  71-21  or gives or with criminal negligence <knowingly> makes available an
  71-22  alcoholic beverage to a minor.
  71-23        SECTION 80.  Section 106.115, Alcoholic Beverage Code, is
  71-24  amended to read as follows:
  71-25        Sec. 106.115.  Attendance at Alcohol Awareness
  71-26  Course;  LICENSE SUSPENSION.  (a)  On the first conviction of a
  71-27  minor of an offense under Section 106.02, 106.04, or 106.05 of this
   72-1  code, the court, in addition to <instead of> assessing a fine as
   72-2  provided by those sections, may require the defendant to attend an
   72-3  alcohol awareness course approved by the Texas Commission on
   72-4  Alcohol and Drug Abuse or a similar alcohol awareness course
   72-5  approved by the court.  If the defendant is younger than 18 years
   72-6  of age, the parent or guardian of the defendant may attend the
   72-7  course with the defendant.  The court shall require the defendant
   72-8  to present evidence to the court, in the manner prescribed by the
   72-9  court, of satisfactory participation in and completion of the
  72-10  course.
  72-11        (b)  If the conviction under Section 106.02, 106.04, or
  72-12  106.05 of this code is for a second or subsequent offense, the
  72-13  court shall require the defendant to participate in an alcohol
  72-14  awareness course in addition to paying the fine assessed under that
  72-15  section.  If the defendant is younger than 18 years of age, the
  72-16  parent or guardian of the defendant may attend the course with the
  72-17  defendant.
  72-18        (c)  If the defendant resides in a rural or other area in
  72-19  which access to an alcohol awareness course is not readily
  72-20  available, the court may require the defendant to perform eight to
  72-21  12 hours of community service instead of participating in an
  72-22  alcohol awareness course.
  72-23        (d)  When requested, an alcohol awareness course may be
  72-24  taught in languages other than English.
  72-25        (e)  If the court orders a defendant to attend an alcohol
  72-26  awareness course or to perform community service, the court shall
  72-27  require the defendant to present to the court, within 90 days of
   73-1  the date of final conviction, evidence in the form prescribed by
   73-2  the court that the defendant, as ordered by the court, has
   73-3  satisfactorily completed an alcohol awareness course or performed
   73-4  the required hours of community service.
   73-5        SECTION 81.  Section 106.13(a), Alcoholic Beverage Code, is
   73-6  amended to read as follows:
   73-7        (a)  Except as provided in Subsections (b) and (c) of this
   73-8  section, the commission or administrator may cancel or suspend for
   73-9  not more than 60 days a retail license or permit or a private club
  73-10  registration permit if it is found, on notice and hearing, that the
  73-11  licensee or permittee with criminal negligence <knowingly> sold,
  73-12  served, dispensed, or delivered an alcoholic beverage to a minor in
  73-13  violation of this code or with criminal negligence <knowingly>
  73-14  permitted a minor to violate Section 106.04 or 106.05 of this code
  73-15  on the licensed premises.
  73-16        SECTION 82.  Section 106.14, Alcoholic Beverage Code, is
  73-17  amended by adding Subsection (d) to read as follows:
  73-18        (d)  The commission may approve under this section a seller
  73-19  training program conducted by a hotel management company or a hotel
  73-20  operating company for the employees of five or more hotels operated
  73-21  or managed by the company if:
  73-22              (1)  the seller training program is administered
  73-23  through the corporate offices of the company; and
  73-24              (2)  the hotels employ a total of at least 200 persons
  73-25  at one time during the license or permit year who sell, serve, or
  73-26  prepare alcoholic beverages.
  73-27        SECTION 83.  Chapter 107, Alcoholic Beverage Code, is amended
   74-1  by adding Sections 107.09, 107.10, and 107.11 to read as follows:
   74-2        Sec. 107.09.  SINGLE INVOICE AUTHORIZED.  If the holder of a
   74-3  general, local, or branch distributor's license also holds a
   74-4  wholesaler's, general class B wholesaler's, or local class B
   74-5  wholesaler's permit, a written statement or invoice required as
   74-6  evidence of the sale of beer or liquor may be on the same business
   74-7  form that is designed to reflect the sale of both liquor and beer,
   74-8  if all information required by this code to be shown on a statement
   74-9  or invoice is reflected on the form and all other records required
  74-10  by this code are maintained.
  74-11        Sec. 107.10.  TRANSPORTATION OF WINE COOLERS OR SPIRIT
  74-12  COOLERS.  (a)  A holder of a wholesaler's, general class B
  74-13  wholesaler's, or local class B wholesaler's permit may transport
  74-14  and sell wine coolers without a prior order if the holder complies
  74-15  with the provisions of this code and rules of the commission
  74-16  applicable to the transportation and sale of beer by a holder of a
  74-17  distributor's license.
  74-18        (b)  A holder of a wholesaler's permit may transport and sell
  74-19  spirit coolers without a prior order if the holder complies with
  74-20  the provisions of this code and rules of the commission applicable
  74-21  to the transportation and sale of beer by a holder of a
  74-22  distributor's license.
  74-23        Sec. 107.11.  IMPORTATION OF PERSONAL WINE COLLECTION.  (a)
  74-24  A person who is relocating a household may import, or contract with
  74-25  a motor carrier or another person to import, a personal wine
  74-26  collection as a part of that person's household goods.
  74-27        (b)  Section 107.07 of this code does not apply to a person
   75-1  who is importing a personal wine collection under Subsection (a) of
   75-2  this section.
   75-3        SECTION 84.  Section 108.03, Alcoholic Beverage Code, is
   75-4  amended to read as follows:
   75-5        Sec. 108.03.  Regulation of Promotional Activities.  The
   75-6  commission shall adopt rules permitting and regulating the use of
   75-7  business cards, menu cards, stationery, service vehicles and
   75-8  equipment, and delivery vehicles and equipment that bear alcoholic
   75-9  beverage advertising.  The commission shall also adopt rules
  75-10  permitting and regulating the use of insignia advertising beer,
  75-11  distilled spirits, or wine by brand name on caps, regalia, or
  75-12  uniforms worn by employees of manufacturers, <or> distributors,
  75-13  distillers, or wineries or by participants in a game, sport,
  75-14  athletic contest, or revue if the participants are sponsored by a
  75-15  manufacturer, <or> distributor, distiller, or winery.
  75-16        SECTION 85.  Subchapter A, Chapter 108, Alcoholic Beverage
  75-17  Code, is amended by adding Section 108.061 to read as follows:
  75-18        Sec. 108.061.  NATIONALLY CONDUCTED SWEEPSTAKES PROMOTIONS
  75-19  AUTHORIZED.  Notwithstanding the prohibition against prizes given
  75-20  to a consumer in Section 108.06 of this code and subject to the
  75-21  rules of the commission, a manufacturer or nonresident manufacturer
  75-22  may offer a prize to a consumer if the offer is a part of a
  75-23  nationally conducted promotional sweepstakes activity legally
  75-24  offered and conducted at the same time period in 30 or more states.
  75-25  A purchase or entry fee may not be required of any person to enter
  75-26  in a sweepstakes authorized under this section.  A person
  75-27  affiliated with the alcoholic beverage industry may not receive a
   76-1  prize from a sweepstakes promotion.
   76-2        SECTION 86.  Subchapter A, Chapter 108, Alcoholic Beverage
   76-3  Code, is amended by adding Section 108.08 to read as follows:
   76-4        Sec. 108.08.  ADVERTISING IN CERTAIN ECONOMIC DEVELOPMENT
   76-5  FACILITIES.  (a)  Notwithstanding any other provision of this code
   76-6  or any rule adopted under the authority of this code, the
   76-7  provisions of this code relating to the regulation of or
   76-8  limitations on outdoor advertising signage, advertising revenue, or
   76-9  advertising signage in or on a licensed premises do not apply to an
  76-10  entity which owns a professional sports franchise which plays a
  76-11  majority of its home games in a municipally owned or leased
  76-12  regional economic development facility that is in a station or
  76-13  terminal complex of a rapid transit authority and to which
  76-14  Subsection (e), Section 6C, Chapter 141, Acts of the 63rd
  76-15  Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
  76-16  Civil Statutes), applies or to such a facility.
  76-17        (b)  A part of the cost of advertising revenue paid by a
  76-18  manufacturer to an entity under this section may not be charged to
  76-19  or paid, directly or indirectly, by the holder of a wholesaler's
  76-20  permit, general class B wholesaler's permit, local class B
  76-21  wholesaler's permit, local distributor's permit, general
  76-22  distributor's license, or local distributor's license, except
  76-23  through the price paid by that holder for products purchased from
  76-24  the holders' supplier.
  76-25        SECTION 87.  Section 108.51(1), Alcoholic Beverage Code, is
  76-26  amended to read as follows:
  76-27              (1)  "Outdoor advertising" means any sign bearing a
   77-1  word, mark, description, or other device that is used to advertise
   77-2  an alcoholic beverage or the business of a person who manufactures,
   77-3  sells, or distributes an alcoholic beverage if the sign is
   77-4  displayed outside the walls or enclosure of a building or structure
   77-5  where a license or permit is issued or if it is displayed inside a
   77-6  building but within five feet of an exterior wall facing a street
   77-7  or highway so that it is visible by a person of ordinary vision
   77-8  from outside the building.  "Outdoor advertising" does not include
   77-9  advertising appearing on radio or television, in a public vehicular
  77-10  conveyance for hire, on a race car while participating at a
  77-11  professional racing event or at a permanent motorized racetrack
  77-12  facility, on a boat participating in a racing event or a boat show,
  77-13  on an aircraft participating in an air show, on a bicycle or on the
  77-14  clothing of a member of a bicycle team participating in an
  77-15  organized bicycle race, or in a newspaper, magazine, or other
  77-16  literary publication published periodically.  For the purpose of
  77-17  this definition the word "sign," with respect to a retailer, does
  77-18  not include an identifying label affixed to a container as
  77-19  authorized by law or to a card or certificate of membership in an
  77-20  association or organization if the card or certificate is not
  77-21  larger than 80 square inches.
  77-22        SECTION 88.  Subchapter A, Chapter 109, Alcoholic Beverage
  77-23  Code, is amended by adding Section 109.08 to read as follows:
  77-24        Sec. 109.08.  EXCLUSION.  Notwithstanding any other provision
  77-25  of this code, no person engaged in business as a distiller, brewer,
  77-26  manufacturer, winery, or any other manufacturing level producer of
  77-27  liquor or beer, or their wholesalers, may directly or indirectly or
   78-1  through an affiliate require, by agreement or otherwise, that any
   78-2  retailer engaged in the sale of liquor or beer purchase any such
   78-3  products from such person to the exclusion in whole or in part of
   78-4  liquor or beer sold or offered for sale by other persons, or
   78-5  prevent, deter, hinder, or restrict other persons from selling or
   78-6  offering for sale any such products to any retailer.
   78-7        SECTION 89.  Subchapter C, Chapter 109, Alcoholic Beverage
   78-8  Code, is amended by adding Section 109.35 to read as follows:
   78-9        Sec. 109.35.  ORDERS FOR PROHIBITION ON CONSUMPTION.  (a)  If
  78-10  the governing body of a municipality determines that the possession
  78-11  of an open container or the public consumption of alcoholic
  78-12  beverages in the central business district of the municipality is a
  78-13  risk to the health and safety of the citizens of the municipality,
  78-14  the governing body may petition for the adoption of an order by the
  78-15  commission that prohibits the possession of an open container or
  78-16  the public consumption of alcoholic beverages in that central
  78-17  business district.
  78-18        (b)  If a municipality submits a petition for an order of the
  78-19  commission to prohibit the possession of an open container or the
  78-20  public consumption of alcoholic beverages in the central business
  78-21  district of the city and attaches to the petition a map, plat, or
  78-22  diagram showing the central business district that is to be covered
  78-23  by the prohibition, the commission shall approve and issue the
  78-24  order without further consideration unless the commission finds
  78-25  that the map, plat, or diagram improperly identifies the central
  78-26  business district.
  78-27        (c)  The commission's order may not prohibit the possession
   79-1  of an open container or the consumption of alcoholic beverages in
   79-2  motor vehicles, buildings not owned or controlled by the
   79-3  municipality, residential structures, or licensed premises located
   79-4  in the area of prohibition.
   79-5        (d)  In this section, "central business district" means a
   79-6  compact and contiguous geographical area of a municipality in which
   79-7  at least 90 percent of the land is used or zoned for commercial
   79-8  purposes and that is the area that has historically been the
   79-9  primary location in the municipality where business has been
  79-10  transacted.
  79-11        (e)  In this section, "open container" means a container that
  79-12  is no longer sealed.
  79-13        SECTION 90.  Section 109.53, Alcoholic Beverage Code, is
  79-14  amended to read as follows:
  79-15        Sec. 109.53.  Citizenship of Permittee; Control of Premises;
  79-16  Subterfuge Ownership; Etc.  No person who has not been a citizen of
  79-17  Texas for a period of one year <three years> immediately preceding
  79-18  the filing of his application therefor shall be eligible to receive
  79-19  a permit under this code.  No permit except a brewer's permit, and
  79-20  such other licenses and permits as are necessary to the operation
  79-21  of a brewer's permit, shall be issued to a corporation unless the
  79-22  same be incorporated under the laws of the state and unless at
  79-23  least 51 percent of the stock of the corporation is owned at all
  79-24  times by citizens who have resided within the state for a period of
  79-25  one year <three years> and who possess the qualifications required
  79-26  of other applicants for permits; provided, however, that the
  79-27  restrictions contained in the preceding clause shall not apply to
   80-1  domestic or foreign corporations that were engaged in the legal
   80-2  alcoholic beverage business in this state under charter or permit
   80-3  prior to August 24, 1935.  Partnerships, firms, and associations
   80-4  applying for permits shall be composed wholly of citizens
   80-5  possessing the qualifications above enumerated.  Any corporation
   80-6  (except carrier) holding a permit under this code which shall
   80-7  violate any provisions hereof, or any rule or regulation
   80-8  promulgated hereunder, shall be subject to forfeiture of its
   80-9  charter and it shall be the duty of the attorney general, when any
  80-10  such violation is called to his attention, to file a suit for such
  80-11  cancellation in a district court of Travis County.  Such provisions
  80-12  of this section as require Texas citizenship or require
  80-13  incorporation in Texas shall not apply to the holders of agent's,
  80-14  industrial, medicinal and carrier's permits.  No person shall sell,
  80-15  warehouse, store or solicit orders for any liquor in any wet area
  80-16  without first having procured a permit of the class required for
  80-17  such privilege, or consent to the use of or allow his permit to be
  80-18  displayed by or used by any person other than the one to whom the
  80-19  permit was issued.  It is the intent of the legislature to prevent
  80-20  subterfuge ownership of or unlawful use of a permit or the premises
  80-21  covered by such permit; and all provisions of this code shall be
  80-22  liberally construed to carry out this intent, and it shall be the
  80-23  duty of the commission or the administrator to provide strict
  80-24  adherence to the general policy of preventing subterfuge ownership
  80-25  and related practices hereinafter declared to constitute unlawful
  80-26  trade practices.  No applicant for a package store permit or a
  80-27  renewal thereof shall have authority to designate as "premise" and
   81-1  the commission or administrator shall not approve a lesser area
   81-2  than that specifically defined as "premise" in Section 11.49(a) of
   81-3  this code.  Every permittee shall have and maintain exclusive
   81-4  occupancy and control of the entire licensed premises in every
   81-5  phase of the storage, distribution, possession, and transportation
   81-6  and sale of all alcoholic beverages purchased, stored or sold on
   81-7  the licensed premises.  Any device, scheme or plan which surrenders
   81-8  control of the employees, premises or business of the permittee to
   81-9  persons other than the permittee shall be unlawful.  No minor,
  81-10  unless accompanied by his or her parent, guardian, adult husband or
  81-11  adult wife, or other adult person into whose custody he or she has
  81-12  been committed for the time by some court, shall knowingly be
  81-13  allowed on the premises of the holder of a package store permit.
  81-14  The prohibition against the presence of a minor on the premises of
  81-15  the holder of a package store permit does not apply to the presence
  81-16  on the premises of the holder or a person lawfully employed by the
  81-17  holder.  Any package store permittee who shall be injured in his
  81-18  business or property by another package store permittee by reason
  81-19  of anything prohibited in this section may institute suit in any
  81-20  district court in the county wherein the violation is alleged to
  81-21  have occurred to require enforcement by injunctive procedures
  81-22  and/or to recover threefold the damages by him sustained; plus
  81-23  costs of suit including a reasonable attorney's fee.  The
  81-24  provisions prohibiting the licensing of only a portion of a
  81-25  building as premise for a package store permit shall not apply to
  81-26  hotels as already defined in this code.
  81-27        SECTION 91.  Subchapter D, Chapter 109, Alcoholic Beverage
   82-1  Code, is amended by adding Sections 109.531 and 109.532 to read as
   82-2  follows:
   82-3        Sec. 109.531.  ADDITIONAL REQUIREMENTS FOR APPLICATION OR
   82-4  RENEWAL OF PERMIT OR LICENSE BY OUT-OF-STATE RESIDENTS.  In
   82-5  addition to any other requirement for a license or permit under
   82-6  this code, a person who has not been a citizen of this state for a
   82-7  period of one year preceding the date the person filed an
   82-8  application for a permit or license under Chapters 25-34, 44,
   82-9  48-51, 69-72,  or Chapter 74 of this code shall:
  82-10              (1)  designate an agent, who is a citizen of this
  82-11  state, to represent the person in matters before the commission and
  82-12  to be responsible for the proper conduct of any activity of the
  82-13  licensee or permittee; and
  82-14              (2)  submit to a criminal history background check.
  82-15        Sec. 109.532.  CRIMINAL HISTORY BACKGROUND CHECKS.  (a)  The
  82-16  commission shall establish a uniform method of obtaining criminal
  82-17  history information.  The uniform method must require:
  82-18              (1)  either a complete set of fingerprints or the
  82-19  complete name of the person being investigated to be submitted to
  82-20  the Department of Public Safety or to another law enforcement
  82-21  agency; and
  82-22              (2)  if fingerprints are submitted, the fingerprints
  82-23  must be submitted to the Federal Bureau of Investigation for
  82-24  further information if a relevant disqualifying record or other
  82-25  substantive information is not obtained from a state or local law
  82-26  enforcement agency.
  82-27        (b)  The commission may deny a license or permit or the
   83-1  renewal of a license or permit for an applicant if:
   83-2              (1)  the commission determines that a previous criminal
   83-3  conviction or deferred adjudication indicates that the applicant is
   83-4  not qualified or suitable for a license or permit; or
   83-5              (2)  the applicant fails to provide a complete set of
   83-6  fingerprints if the commission establishes that method of obtaining
   83-7  conviction information.
   83-8        (c)  All criminal history information received by the
   83-9  commission is privileged information and is for the exclusive use
  83-10  of the commission.  The information may be released or otherwise
  83-11  disclosed to any other person or agency only:
  83-12              (1)  on court order; or
  83-13              (2)  with the consent of the person being investigated.
  83-14        (d)  The commission shall collect and destroy criminal
  83-15  history information relating to a person immediately after the
  83-16  commission makes a decision on the eligibility of the person for
  83-17  registration.
  83-18        (e)  A person commits an offense if the person releases or
  83-19  discloses in violation of this section criminal history information
  83-20  received by the commission.  An offense under this subsection is a
  83-21  felony of the second degree.
  83-22        (f)  The commission may charge a fee to cover the cost of a
  83-23  criminal history background check.
  83-24        SECTION 92.  Subchapter D, Chapter 109, Alcoholic Beverage
  83-25  Code, is amended by adding  Section 109.58 to read as follows:
  83-26        Sec. 109.58.  RELAXATION OF RESTRICTIONS AS TO CHARITABLE
  83-27  EVENTS.  The commission by rule may set definite limitations
   84-1  consistent with the general provisions of this code that relax the
   84-2  restrictions of this code with respect to the making of a gift to
   84-3  civic, religious, or charitable organizations by the liquor or the
   84-4  wine industry.
   84-5        SECTION 93.  Subchapter D, Chapter 109, Alcoholic Beverage
   84-6  Code, is amended by adding Section 109.59 to read as follows:
   84-7        Sec. 109.59.  APPLICATION OF DISTANCE REQUIREMENTS.  If at
   84-8  the time an original alcoholic beverage permit or license is
   84-9  granted for a premises the premises satisfies the requirements
  84-10  regarding distance from schools, churches, and other types of
  84-11  premises established in this code and any other law or ordinance of
  84-12  the state or a political subdivision of the state in effect at that
  84-13  time, the premises shall be deemed to satisfy the distance
  84-14  requirements for all subsequent renewals of the license or permit.
  84-15  On the sale or transfer of the premises or the business on the
  84-16  premises in which a new original license or permit is required for
  84-17  the premises, the premises shall be deemed to satisfy any distance
  84-18  requirements as if the issuance of the new original permit or
  84-19  license were a renewal of a previously held permit or license.
  84-20        SECTION 94.  Subchapter D, Chapter 109, Alcoholic Beverage
  84-21  Code, is amended by adding Section 109.60 to read as follows:
  84-22        Sec. 109.60.  PURCHASES BY CERTAIN PERMITEES.  For the
  84-23  convenience of the commission in performing its regulatory
  84-24  functions and the comptroller in examining tax accounts of mixed
  84-25  beverage permitees and private club permitees, each of these
  84-26  permitees is required to purchase separately and individually for
  84-27  each licensed premises any and all alcoholic beverages to be sold
   85-1  or served on the licensed premises.
   85-2        SECTION 95.  Subchapter A, Chapter 201, Alcoholic Beverage
   85-3  Code, is amended by adding Section 201.011 to read as follows:
   85-4        Sec. 201.011.  TIMELY FILING:  DILIGENCE.  A person filing a
   85-5  report or making a tax payment complies with the filing
   85-6  requirements for timeliness for a report not filed or a payment not
   85-7  made on time if the person exercised reasonable diligence to comply
   85-8  with the filing requirements and the failure to file or the making
   85-9  of a late payment is not the fault of the person.
  85-10        SECTION 96.  Subchapter A, Chapter 201, Alcoholic Beverage
  85-11  Code, is amended by adding Section 201.075 to read as follows:
  85-12        Sec. 201.075.  SUMMARY SUSPENSION.  (a)  The commission may
  85-13  summarily suspend, without a hearing, the permit of a permittee who
  85-14  fails to file a report or return or to make a tax payment required
  85-15  by this subchapter.  The Administrative Procedure and Texas
  85-16  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) does
  85-17  not apply to the commission in the enforcement and administration
  85-18  of this section.
  85-19        (b)  A suspension under this section takes effect on the
  85-20  third day after the date the notice of suspension is given.  The
  85-21  notice shall be given to the permittee or the permittee's agent or
  85-22  employee by registered or certified mail if not given in person.
  85-23        (c)  The commission shall terminate a suspension made under
  85-24  this section when the permittee files all required returns and
  85-25  makes all required tax payments that are due.
  85-26        SECTION 97.  Subchapter B, Chapter 201, Alcoholic Beverage
  85-27  Code, is amended by adding Section 201.53 to read as follows:
   86-1        Sec. 201.53.  SUMMARY SUSPENSION.  (a)  The commission may
   86-2  summarily suspend, without a hearing, the permit of a permittee who
   86-3  fails to file a report or return or to make a tax payment required
   86-4  by this subchapter.  The Administrative Procedure and Texas
   86-5  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) does
   86-6  not apply to the commission in the enforcement and administration
   86-7  of this section.
   86-8        (b)  A suspension under this section takes effect on the
   86-9  third day after the date the notice of suspension is given.  The
  86-10  notice shall be given to the permittee or the permittee's agent or
  86-11  employee by registered or certified mail if not given in person.
  86-12        (c)  The commission shall terminate a suspension made under
  86-13  this section when the permittee files all required returns and
  86-14  makes all required tax payments that are due.
  86-15        SECTION 98.  Chapter 203, Alcoholic Beverage Code, is amended
  86-16  by adding Section 203.13 to read as follows:
  86-17        Sec. 203.13.  SUMMARY SUSPENSION.  (a)  The commission may
  86-18  summarily suspend, without a hearing, the license of a licensee who
  86-19  fails to file a report or return or to make a tax payment required
  86-20  by this subchapter.  The Administrative Procedure and Texas
  86-21  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) does
  86-22  not apply to the commission in the enforcement and administration
  86-23  of this section.
  86-24        (b)  A suspension under this section takes effect on the
  86-25  third day after the date the notice of suspension is given.  The
  86-26  notice shall be given to the licensee or the licensee's agent or
  86-27  employee by registered or certified mail if not given in person.
   87-1        (c)  The commission shall terminate a suspension made under
   87-2  this section when the licensee files all required returns and makes
   87-3  all required tax payments that are due.
   87-4        SECTION 99.  Sections 204.01(a), (b), (c), (d), (f), (g),
   87-5  (h), and (i), Alcoholic Beverage Code, are amended to read as
   87-6  follows:
   87-7        (a)  Except as otherwise provided in this section, the
   87-8  following licensees and permittees shall furnish a bond:
   87-9              (1)  those authorized to import alcoholic beverages
  87-10  into the state;
  87-11              (2)  manufacturers of beer and brewers of ale or malt
  87-12  liquor in the state; and
  87-13              (3)  <permittees subject to the gross receipts tax on
  87-14  mixed beverages imposed by Section 202.02 of this code; and>
  87-15              <(4)>  all other permittees.
  87-16        (b)  No bond is required of a holder of a mixed beverage,
  87-17  private club registration, carriers, local cartage, wine and beer
  87-18  retailers, nonresident seller's, manufacturer's agent's, or agent's
  87-19  permit.
  87-20        (c)  No bond is required of a retail licensee or permittee
  87-21  who is not responsible for the primary payment of an alcoholic
  87-22  beverage excise tax to this state.  <This subsection does not
  87-23  exempt permittees subject to the gross receipts tax on mixed
  87-24  beverages imposed by Section 202.02 of this code.>
  87-25        (d)  The  <A permittee required to furnish a bond to secure
  87-26  the payment of the gross receipts tax on mixed beverages, the>
  87-27  holder of a wholesaler's or class B wholesaler's permit, or the
   88-1  holder of a distributor's license may furnish, in lieu of all or
   88-2  part of the amount of the bond required:
   88-3              (1)  one or more certificates of deposit or savings
   88-4  assigned to the state, issued by one or more banks or savings
   88-5  institutions authorized to do business in this state; or
   88-6              (2)  one or more letters of credit issued by one or
   88-7  more banks or savings institutions authorized to do business in
   88-8  this state.
   88-9        (f)  The <A permittee subject to the gross receipts tax on
  88-10  mixed beverages imposed by Section 202.02 of this code, the> holder
  88-11  of a wholesaler's or class B wholesaler's permit, or the holder of
  88-12  a distributor's license is not required to furnish a bond if for
  88-13  the preceding 36 months the permittee or licensee has paid all
  88-14  taxes and fees required by this code on or before the due date.  <A
  88-15  finding of deficiency under Section 202.09 of this code does not
  88-16  constitute a failure to pay a tax when due for purposes of this
  88-17  subsection or Subsection (g) or (h) of this section if the
  88-18  deficiency and any applicable penalty are paid within 10 days of
  88-19  the date of demand for payment by the commission.>
  88-20        (g)  An exemption under Subsection (f) of this section
  88-21  terminates and the permittee or licensee must furnish a bond or tax
  88-22  security if the permittee or licensee fails to pay a tax or fee
  88-23  imposed by this code on or before the due date.
  88-24        (h)  A permittee or licensee required to furnish a bond or
  88-25  tax security under Subsection (g) of this section is again entitled
  88-26  to exemption from the surety requirement if the permittee or
  88-27  licensee:
   89-1              (1)  pays all delinquent taxes and fees and any
   89-2  applicable penalties; and
   89-3              (2)  pays all taxes and fees required by this code on
   89-4  or before the due date for 18 consecutive months after the month in
   89-5  which the delinquent taxes and fees and the penalties are paid.
   89-6        (i)  A permittee or licensee who qualifies for an exemption
   89-7  under Subsection (f) of this section is also exempt from the
   89-8  bonding requirement for any other <mixed beverage permit,>
   89-9  wholesaler's permit, class B wholesaler's permit, or distributor's
  89-10  license currently held by or subsequently issued to the same
  89-11  permittee or licensee for use at licensed premises different from
  89-12  and additional to those covered by the permit or license under
  89-13  which the permittee or licensee qualified for exemption.  However,
  89-14  if a permittee or licensee fails to pay a tax or fee imposed by
  89-15  this code on or before the due date and the permittee or licensee
  89-16  holds multiple permits or licenses, the requirement for a bond or
  89-17  tax security shall be imposed or reimposed under Subsection (g) of
  89-18  this section only on the permit or license covering the licensed
  89-19  premises for which the tax or fee and any applicable penalty were
  89-20  not timely paid.
  89-21        SECTION 100.  Section 204.03(d), Alcoholic Beverage Code, is
  89-22  amended to read as follows:
  89-23        (d)  Bonds, letters of credit, or certificates of deposit to
  89-24  insure the payment of the tax on distilled spirits imposed by
  89-25  Section 201.03 of this code, the tax on vinous liquor imposed by
  89-26  Section 201.04 of this code, the tax on ale and malt liquor imposed
  89-27  by Section 201.42 of this code, or the tax on beer imposed by
   90-1  Section 203.01 of this code, shall be set at an amount that will
   90-2  protect the state against the anticipated tax liability of the
   90-3  principal for any six-week period.
   90-4        SECTION 101.  Chapter 204, Alcoholic Beverage Code, is
   90-5  amended by adding Section 204.06 to read as follows:
   90-6        Sec. 204.06.  COMPREHENSIVE WINERY BOND.  A person who holds
   90-7  both a winery permit and a wine bottler's permit may execute a
   90-8  single bond in an amount determined by the commission instead of
   90-9  multiple bonds to secure the performance of different activities by
  90-10  the holder.
  90-11        SECTION 102.  Sections 206.01(a) and (b), Alcoholic Beverage
  90-12  Code, are amended to read as follows:
  90-13        (a)  A permittee who distills, rectifies, manufactures, or
  90-14  receives any liquor shall make and keep a record of each day's
  90-15  production or receipt of liquor and the amount of tax stamps
  90-16  purchased by the permittee.  A permittee other than a retailer
  90-17  shall make and keep a record of each sale of liquor and to whom the
  90-18  sale is made.  Each transaction shall be entered on the day it
  90-19  occurs.  Permittees shall make and keep any other records required
  90-20  by the commission.  All required records shall be kept available
  90-21  for inspection by the commission or its authorized representatives
  90-22  for at least four <two> years.
  90-23        (b)  No person may fail or refuse to make and retain for at
  90-24  least four <two> years any record required by this section.
  90-25        SECTION 103.  Chapter 206, Alcoholic Beverage Code, is
  90-26  amended by adding Sections 206.08 and 206.09 to read as follows:
  90-27        Sec. 206.08.  COORDINATION OF AUDITS.  (a)  Before the
   91-1  commission makes a demand to a licensee or permittee for any taxes
   91-2  due, as established by an audit, the commission shall:
   91-3              (1)  hold an informal conference with the licensee or
   91-4  permittee to discuss the audit and the rights of the permittee or
   91-5  licensee to both an informal and formal appeal of the taxes due;
   91-6              (2)  review the audit in the commission headquarters
   91-7  with the office of quality control to ensure that the uniform
   91-8  application of audit standards has been applied in all aspects to
   91-9  the audit; and
  91-10              (3)  send a certified letter stating the amount of
  91-11  taxes owed by the licensee or permittee, the amount of the
  91-12  delinquency, and the proper procedure to appeal the decision.
  91-13        (b)  The commission shall annually update and review all
  91-14  audit manuals to ensure compliance with national audit standards
  91-15  and impartiality and provide audit training to auditors responsible
  91-16  for auditing tax accounts.  The commission may expend funds
  91-17  necessary to ensure adequate training of commission auditors or
  91-18  trainers to provide the standardization of audits throughout the
  91-19  state.
  91-20        Sec. 206.09.  CONTESTS OF TAXABLE AMOUNTS OWED.  (a)  A
  91-21  licensee or permittee contesting the amount of taxes owed, after
  91-22  receiving a demand for payment of taxes due from the commission, is
  91-23  entitled to a hearing under the Administrative Procedure and Texas
  91-24  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
  91-25        (b)  An appeal from a final order issued by the commission
  91-26  must be filed in Travis County.
  91-27        SECTION 104.  Section 251.11, Alcoholic Beverage Code, is
   92-1  amended to read as follows:
   92-2        Sec. 251.11.  Requirements to Order Election.  The
   92-3  commissioners court, at its next regular session after the petition
   92-4  is filed, shall order a local option election to be held on the
   92-5  issue set out in the petition if the petition is filed with the
   92-6  registrar of voters not later than 30 days after it is issued and
   92-7  bears in the actual handwriting of the signers the following:
   92-8              (1)  the actual signatures of a number of qualified
   92-9  voters of the political subdivision equal to 35 percent of the
  92-10  registered voters <votes cast> in the subdivision <for governor in
  92-11  the last preceding general election for that office>;
  92-12              (2)  a notation showing the residence address of each
  92-13  of the signers; and
  92-14              (3)  each signer's voter registration certificate
  92-15  number.
  92-16        SECTION 105.  Section 402.0211(e), Government Code, is
  92-17  amended to read as follows:
  92-18        (e)  This section does not apply to:
  92-19              (1)  the governor's office;
  92-20              (2)  an institution of higher education, as defined by
  92-21  Section 61.003, Education Code;
  92-22              (3)  an agency expressly authorized by the General
  92-23  Appropriations Act or other statute to hire or select legal
  92-24  counsel;
  92-25              (4)  an agency governed by one or more elected
  92-26  officials;
  92-27              (5)  an agency with a director appointed by the
   93-1  governor;
   93-2              (6)  the Central Education Agency;
   93-3              (7)  the Department of Public Safety;
   93-4              (8)  the Employees Retirement System of Texas or the
   93-5  Teacher Retirement System of Texas;
   93-6              (9)  the Parks and Wildlife Department;
   93-7              (10)  the State Board of Insurance;
   93-8              (11)  the State Highway and Public Transportation
   93-9  Commission or the State Department of Highways and Public
  93-10  Transportation;
  93-11              (12)  the Texas Department of Criminal Justice;
  93-12              (13)  the Texas Employment Commission;
  93-13              (14)  the Texas Higher Education Coordinating Board;
  93-14              (15)  the Texas Natural Resource Conservation
  93-15  Commission;
  93-16              (16)  the Texas Workers' Compensation Commission; <or>
  93-17              (17)  the Texas Youth Commission; or
  93-18              (18)  the Texas Alcoholic Beverage Commission.
  93-19        SECTION 106.  Subtitle G, Title 2, Tax Code, is amended by
  93-20  adding Chapter 183 to read as follows:
  93-21                   CHAPTER 183.  MIXED BEVERAGE TAX
  93-22                   SUBCHAPTER A.  GENERAL PROVISIONS
  93-23        Sec. 183.001.  DEFINITIONS.  (a)  The definitions in Section
  93-24  1.04, Alcoholic Beverage Code, apply to this chapter.
  93-25        (b)  In this chapter:
  93-26              (1)  "Permittee" means a mixed beverage permittee or a
  93-27  private club registration permittee.
   94-1              (2)  "Business day" means the period beginning at
   94-2  3 a.m. one day and ending at 3 a.m. the next day.
   94-3                   SUBCHAPTER B.  MIXED BEVERAGE TAX
   94-4        Sec. 183.021.  TAX IMPOSED ON MIXED BEVERAGES.  A tax at the
   94-5  rate of 14 percent is imposed on the gross receipts of a permittee
   94-6  received from the sale, preparation, or service of mixed beverages
   94-7  or from the sale, preparation, or service of ice or nonalcoholic
   94-8  beverages that are sold, prepared, or served for the purpose of
   94-9  being mixed with an alcoholic beverage and consumed on the premises
  94-10  of the permittee.
  94-11        Sec. 183.022.  TAX RETURN DUE DATE.  (a)  A permittee shall
  94-12  file a sworn tax return with the comptroller not later than the
  94-13  20th day of each month.
  94-14        (b)  The return under this section shall be in a form
  94-15  prescribed by the comptroller and shall include a statement of the
  94-16  total gross taxable receipts during the preceding month and any
  94-17  other information required by the comptroller.
  94-18        (c)  A tax due for a business day that falls in two different
  94-19  months is allocated to the month in which the business day begins.
  94-20        Sec. 183.023.  PAYMENT.  The tax due for the preceding month
  94-21  shall accompany the return and shall be payable to the state.  The
  94-22  comptroller shall deposit the revenue in the mixed beverage tax
  94-23  clearance fund.
  94-24             SUBCHAPTER C.  MIXED BEVERAGE CLEARANCE FUND
  94-25        Sec. 183.051.  MIXED BEVERAGE TAX CLEARANCE FUND.  (a)  Not
  94-26  later than the last day of the month following a calendar quarter,
  94-27  the comptroller shall calculate the total amount of taxes received
   95-1  during the quarter from permittees outside an incorporated
   95-2  municipality within each county and the total amount received from
   95-3  permittees within each incorporated municipality in each county.
   95-4        (b)  The comptroller shall issue to each county a warrant
   95-5  drawn on the mixed beverage tax clearance fund in the amount of
   95-6  10.7143 percent of receipts from permittees within the county
   95-7  during the quarter and shall issue to each incorporated
   95-8  municipality a warrant drawn on that fund in the amount of 10.7143
   95-9  percent of receipts from permittees within the incorporated
  95-10  municipality during the quarter.  The remainder of the receipts for
  95-11  the quarter and all interest earned on that fund shall be
  95-12  transferred to the general revenue fund.
  95-13        Sec. 183.052.  CONFLICT OF RULES.  If a rule or policy
  95-14  adopted by the commission conflicts with a rule adopted by the
  95-15  comptroller for the application, enforcement, or collection of the
  95-16  tax imposed by this chapter, the comptroller's rule prevails.  A
  95-17  conflicting rule or policy adopted by the commission is invalid to
  95-18  the extent of the inconsistency.  If the comptroller determines
  95-19  that a rule or policy adopted by the commission conflicts with one
  95-20  adopted by the comptroller relating to the application,
  95-21  enforcement, or collection of the tax imposed by this chapter, the
  95-22  comptroller shall notify the commission in writing of the
  95-23  determination.  After receipt of the notification, the commission
  95-24  must amend or repeal the conflicting rule or policy not later than
  95-25  the 90th day after the date of notification.
  95-26        Sec. 183.053.  SECURITY REQUIREMENT.  (a)  A permittee
  95-27  subject to the tax imposed by this chapter must comply with the
   96-1  security requirements imposed by Chapter 151 except that a
   96-2  permittee is not required to comply with Section 151.253(b).
   96-3        (b)  The total of bonds, certificates of deposit, letters of
   96-4  credit, or other security determined to be sufficient by the
   96-5  comptroller of a permittee subject to the tax imposed by this
   96-6  chapter shall be in an amount that the comptroller determines to be
   96-7  sufficient to protect the fiscal interests of the state.  The
   96-8  comptroller may not set the amount of security at less than $1,000
   96-9  or more than $25,000.
  96-10        Sec. 183.054.  AUDIT FREQUENCY.  The comptroller shall have
  96-11  the discretion to determine the frequency of mixed beverage tax
  96-12  audits.  In determining the frequency of the audit the comptroller
  96-13  may consider the following factors:
  96-14              (1)  reasonable and prudent accounting standards;
  96-15              (2)  the audit history of the permittee;
  96-16              (3)  the effect on state revenues; and
  96-17              (4)  other factors the comptroller deems appropriate.
  96-18        Sec. 183.055.  PENALTY.  When additional taxes are
  96-19  established as due based on an examination by the comptroller, a
  96-20  penalty equal to 10 percent of the additional taxes due shall be
  96-21  collected with the additional taxes due.
  96-22        SECTION 107.  (a)  The Texas Alcoholic Beverage Commission
  96-23  shall adopt rules relating to the relaxation of restrictions as to
  96-24  charitable events as required by Section 92 of this Act on or
  96-25  before September 1, 1994.
  96-26        (b)  The employees, records, and equipment of the
  96-27  administrative law division of the Texas Alcoholic Beverage
   97-1  Commission are transferred to the State Office of Administrative
   97-2  Hearings on the effective date of this Act.
   97-3        (c)  On the effective date of this Act, a contested case
   97-4  pending before the administrative law division of the Texas
   97-5  Alcoholic Beverage Commission is transferred to the State Office of
   97-6  Administrative Hearings.  A proceeding transferred under this
   97-7  subsection is treated as if the actions taken in the proceeding had
   97-8  been taken by the State Office of Administrative Hearings.
   97-9        (d)  The change in law made by this Act relating to a penalty
  97-10  that may be imposed or to the suspension or cancellation of a
  97-11  license or permit by the Texas Alcoholic Beverage Commission
  97-12  applies only to a violation of a law regulated by the commission or
  97-13  of a rule or order of the commission that occurs on or after the
  97-14  effective date of this Act.  A violation that occurs before the
  97-15  effective date is governed by the law in effect on the date it
  97-16  occurred, and the former law is continued in effect for that
  97-17  purpose.
  97-18        SECTION 108.  Section 11.015, Alcoholic Beverage Code, as
  97-19  added by this Act, applies only to a hearing held on or after
  97-20  September 1, 1993.  A hearing held before September 1, 1993, is
  97-21  governed by the law in effect when the hearing was held, and that
  97-22  law is continued in effect for that purpose.
  97-23        SECTION 109.  (a)  To prepare for the transfer of the
  97-24  administration of the mixed beverage tax from the Texas Alcoholic
  97-25  Beverage Commission to the comptroller of public accounts on the
  97-26  effective date of this Act, the comptroller and the commission may
  97-27  enter into any agreements they consider advisable to the use or
   98-1  transfer of funds, appropriations, personnel, furniture, equipment,
   98-2  office space, or other items or services between the comptroller
   98-3  and the commission.
   98-4        (b)  On January 1, 1994, all employees, records, and property
   98-5  of the commission relating to the mixed beverage tax shall be
   98-6  transferred to the comptroller.  Before that date, the comptroller
   98-7  may transfer any records, employees, or property of the commission
   98-8  to the comptroller in preparation for the transfer of the
   98-9  administration of the mixed beverage tax to the comptroller.
  98-10        (c)  A change in the law made by this Act does not affect the
  98-11  validity of any action or proceeding initiated before the effective
  98-12  date of this Act.
  98-13        SECTION 110.  Sections 5.10(f), 11.491, 25.07, 69.07, and
  98-14  Chapter 50,  Alcoholic Beverage Code, are repealed September 1,
  98-15  1993.  Sections 204.02(d) and (e), 204.03(b), 205.02(c) and (d),
  98-16  205.03 and Chapter 202, Alcoholic Beverage Code, are repealed
  98-17  January 1, 1994.
  98-18        SECTION 111.  This Act takes effect September 1, 1993, except
  98-19  that Sections 34, 37, 42, 96, 97, 98, 99, and 106 of this Act take
  98-20  effect January 1, 1994.
  98-21        SECTION 112.  The importance of this legislation and the
  98-22  crowded condition of the calendars in both houses create an
  98-23  emergency and an imperative public necessity that the
  98-24  constitutional rule requiring bills to be read on three several
  98-25  days in each house be suspended, and this rule is hereby suspended.