73R7684 CAG-F
          By Wilson                                             H.B. No. 1445
          Substitute the following for H.B. No. 1445:
          By Wilson                                         C.S.H.B. No. 1445
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the continuation of the Texas Alcoholic Beverage
    1-3  Commission and to the regulation of alcoholic beverages; providing
    1-4  penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 1, Alcoholic Beverage Code, is amended by
    1-7  adding Section 1.08 to read as follows:
    1-8        Sec. 1.08.  CRIMINAL NEGLIGENCE STANDARD FOR ADMINISTRATIVE
    1-9  ACTION.  For the purposes of administrative actions under this
   1-10  code, a person acts with criminal negligence if the person acts
   1-11  with a mental state that would constitute criminal negligence under
   1-12  Chapter 6, Penal Code, if the act were an offense.
   1-13        SECTION 2.  Section 5.01, Alcoholic Beverage Code, is amended
   1-14  by amending Subsection (b) and adding Subsection (c) to read as
   1-15  follows:
   1-16        (b)  The Texas Alcoholic Beverage Commission is subject to
   1-17  Chapter 325, Government Code (Texas Sunset Act).  Unless continued
   1-18  in existence as provided by that chapter, the commission is
   1-19  abolished and Subchapter A, Chapter 5, of this code expires
   1-20  September 1, 2005 <1993>.
   1-21        (c)  The Texas Alcoholic Beverage Commission is subject to
   1-22  the requirements of Article 13, State Purchasing and General
   1-23  Services Act (Article 601b, Vernon's Texas Civil Statutes).
   1-24        SECTION 3.  Section 5.02(a), Alcoholic Beverage Code, is
    2-1  amended to read as follows:
    2-2        (a)  The commission is composed of six <three> members, who
    2-3  are appointed by the governor with the advice and consent of the
    2-4  senate.
    2-5        SECTION 4.  Section 5.03, Alcoholic Beverage Code, is amended
    2-6  to read as follows:
    2-7        Sec. 5.03.  Terms of Office.  The members of the commission
    2-8  hold office for staggered terms of six years, with the term of
    2-9  one-third of the members <one member> expiring every two years.
   2-10  Each member holds office until his successor is appointed and has
   2-11  qualified.  A member may be appointed to succeed himself.
   2-12        SECTION 5.  Section 5.05, Alcoholic Beverage Code, is amended
   2-13  by amending Subsection (c) and by adding Subsections (d), (e), and
   2-14  (f) to read as follows:
   2-15        (c)  A person may not serve as a member of the commission or
   2-16  act as the general counsel to the commission if the person <who> is
   2-17  required to register as a lobbyist under Chapter 305, Government
   2-18  Code, because <by virtue> of the person's activities for
   2-19  compensation <in or> on behalf of a profession related to the
   2-20  operation of the commission <may not serve as a member of the
   2-21  commission or act as the general counsel to the commission>.
   2-22        (d)  An officer, employee, or paid consultant of a Texas
   2-23  trade association in the field of alcoholic beverage manufacture,
   2-24  distribution, service, or sales may not be a member or employee of
   2-25  the commission.
   2-26        (e)  A person who is the spouse of an officer, manager, or
   2-27  paid consultant of a Texas trade association in the field of
    3-1  alcoholic beverage manufacture, distribution, or sales may not be a
    3-2  member or employee of the commission.
    3-3        (f)  For the purposes of this section, a Texas trade
    3-4  association is a nonprofit, cooperative, and voluntarily joined
    3-5  association of business or professional competitors in this state
    3-6  designed to assist its members and its industry or profession in
    3-7  dealing with mutual business or professional problems and in
    3-8  promoting their common interest.
    3-9        SECTION 6.  Sections 5.10(b), (c), and (d), Alcoholic
   3-10  Beverage Code, are amended to read as follows:
   3-11        (b)  The <commission or> administrator or the administrator's
   3-12  designee shall <determine the duties of all employees and shall>
   3-13  develop an intra-agency career ladder program.  The program<, one
   3-14  part of which> shall require the intra-agency posting of all
   3-15  nonentry level positions concurrently with any public posting.  The
   3-16  <commission or> administrator<,> or the administrator's designee
   3-17  <of either,> shall develop a system of annual performance
   3-18  evaluations <based on measurable job tasks>.  All merit pay for
   3-19  commission employees must be based on the system established under
   3-20  this subsection.  The employees shall be compensated as provided by
   3-21  legislative appropriation.  The commission or administrator shall
   3-22  determine the duties of all employees of the commission.
   3-23        (c)  The <commission or> administrator<,> or the
   3-24  administrator's designee <of either,> shall prepare and maintain a
   3-25  written policy statement to assure implementation of a program of
   3-26  equal employment opportunity under which <whereby> all personnel
   3-27  transactions are made without regard to race, color, disability
    4-1  <handicap>, sex, religion, age, or national origin.  The policy
    4-2  statement must include:
    4-3              (1)  personnel policies, including policies relating to
    4-4  recruitment, evaluation, selection, appointment, training, and
    4-5  promotion of personnel that are in compliance with the Commission
    4-6  on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes);
    4-7              (2)  a comprehensive <complete> analysis of the
    4-8  commission <agency's> work force that meets federal and state
    4-9  guidelines;
   4-10              (3)  procedures by which a determination can be made of
   4-11  significant underuse <underutilization,> in the commission <agency>
   4-12  work force<,> of all persons for whom <of which> federal or state
   4-13  guidelines encourage a more equitable balance; and
   4-14              (4)  reasonable methods to appropriately address those
   4-15  areas of significant underuse <underutilization, in the agency work
   4-16  force, of all persons of which federal or state guidelines
   4-17  encourage a more equitable balance>.
   4-18        (d)  A <The> policy statement prepared under Subsection (c)
   4-19  of this section must <shall be filed with the governor's office
   4-20  within 60 days of the effective date of the amendment of this
   4-21  section by the 69th Legislature, Regular Session, 1985,> cover an
   4-22  annual period, <and> be updated <at least> annually and reviewed by
   4-23  the Commission on Human Rights for compliance with Subsection
   4-24  (c)(1) of this section, and be filed with the governor's office.
   4-25  The governor's office shall deliver <develop and make> a biennial
   4-26  report to the legislature based on the information submitted under
   4-27  this subsection.  The report may be made separately or as a part of
    5-1  other biennial reports made to the legislature.
    5-2        SECTION 7.  Subchapter A, Chapter 5, Alcoholic Beverage Code,
    5-3  is amended by adding Sections 5.101, 5.102, and 5.103 to read as
    5-4  follows:
    5-5        Sec. 5.101.  HUMAN RESOURCES DIVISION.  (a)  A human
    5-6  resources division is established within the commission.
    5-7        (b)  The division is responsible for personnel, recruiting,
    5-8  hiring, and other human resource functions and shall provide
    5-9  recruiting and technical assistance to the divisions and regional
   5-10  offices of the commission.
   5-11        (c)  The division shall develop policies and procedures
   5-12  related to recruitment, hiring, and other human resource functions
   5-13  that are in compliance with state and federal law.
   5-14        Sec. 5.102.  RECRUITMENT.  For the purpose of providing
   5-15  adequate personnel for all job positions in the commission, the
   5-16  commission shall:
   5-17              (1)  open all positions compensated at or above the
   5-18  amount prescribed by the General Appropriations Act for step 1,
   5-19  salary group 21, of the position classification salary schedule to
   5-20  applicants both from within and outside the commission;
   5-21              (2)  develop a recruiting program that identifies
   5-22  underrepresentation with the commission and focuses on recruiting
   5-23  different ethnic, racial, or gender groups for job categories in
   5-24  which underrepresentation occurs; and
   5-25              (3)  require that all applicants be reviewed by the
   5-26  human resources division to ensure consideration of
   5-27  underrepresented ethnic, racial, or gender groups.
    6-1        Sec. 5.103.  ANNUAL REPORT.  The administrator shall report
    6-2  not later than February 1 of each year to the commission on the
    6-3  progress of the commission in the recruitment and hiring of
    6-4  personnel in compliance with the commission's recruitment and
    6-5  hiring policies.
    6-6        SECTION 8.  Subchapter A, Chapter 5, Alcoholic Beverage Code,
    6-7  is amended by adding Section 5.142 to read as follows:
    6-8        Sec. 5.142.  SPECIAL INSPECTORS OR REPRESENTATIVES.  (a)  The
    6-9  commission or administrator may appoint as a special inspector or
   6-10  representative an honorably retired commissioned inspector or
   6-11  representative.
   6-12        (b)  A special inspector or representative is subject to the
   6-13  orders of the commission and is subject to the orders of the
   6-14  governor for special duty to the same extent as other law
   6-15  enforcement officers.
   6-16        (c)  Before issuance of a commission to a special inspector
   6-17  or representative, the person shall enter into a good and
   6-18  sufficient bond executed by a surety company authorized to do
   6-19  business in the state in the amount of $2,500, approved by the
   6-20  commission, and indemnifying all persons against damages resulting
   6-21  from an unlawful act of the person as a special inspector or
   6-22  representative.
   6-23        (d)  A special inspector or representative is not entitled to
   6-24  compensation from the state for service as a special inspector or
   6-25  representative.
   6-26        (e)  A special inspector or representative commission expires
   6-27  January 1 of the first odd-numbered year after appointment.  The
    7-1  commission may revoke a special inspector or representative
    7-2  commission at any time for cause.
    7-3        SECTION 9.  Subchapter A, Chapter 5, Alcoholic Beverage Code,
    7-4  is amended by adding Section 5.143 to read as follows:
    7-5        Sec. 5.143.  SAFETY EQUIPMENT.  The commission shall provide
    7-6  a reasonable number of bullet-proof vests at each district office
    7-7  for commission employees who are engaged in law enforcement
    7-8  activities.
    7-9        SECTION 10.  Subchapter A, Chapter 5, Alcoholic Beverage
   7-10  Code, is amended by adding Section 5.19 to read as follows:
   7-11        Sec. 5.19.  CITIZEN'S ADVISORY COMMITTEE.  (a)  The
   7-12  commission may appoint a citizen's advisory committee consisting of
   7-13  nine members.  The committee members shall be appointed to
   7-14  represent a balance of interests, including representatives of:
   7-15              (1)  public groups interested in alcohol consumption
   7-16  issues;
   7-17              (2)  local communities;
   7-18              (3)  local law enforcement agencies; and
   7-19              (4)  the alcoholic beverage industry.
   7-20        (b)  A citizen's advisory committee member serves at the
   7-21  pleasure of the commission.  A member of the committee is not
   7-22  entitled to receive compensation for serving as a member.  A member
   7-23  is entitled to reimbursement for reasonable expenses incurred in
   7-24  performing duties as a member of the committee.
   7-25        (c)  The citizen's advisory committee shall:
   7-26              (1)  advise the commission on the needs and problems of
   7-27  communities relating to the sale and consumption of alcoholic
    8-1  beverages;
    8-2              (2)  comment on rules involving alcoholic beverages
    8-3  during their development and before their final adoption unless an
    8-4  emergency requires immediate action by the commission;
    8-5              (3)  report annually to the commission on the
    8-6  committee's activities; and
    8-7              (4)  perform other duties as determined by the
    8-8  commission.
    8-9        (d)  The citizen's advisory committee shall meet quarterly or
   8-10  as requested by the commission.
   8-11        (e)  The commission may adopt rules to govern the operations
   8-12  of the citizen's advisory committee.
   8-13        SECTION 11.  Subchapter A, Chapter 5, Alcoholic Beverage
   8-14  Code, is amended by adding Section 5.20 to read as follows:
   8-15        Sec. 5.20.  STANDARDS OF CONDUCT INFORMATION.  The commission
   8-16  shall provide to its members and employees, as often as necessary,
   8-17  information regarding their qualification for office or employment
   8-18  under this code and their responsibilities under applicable laws
   8-19  relating to standards of conduct for state officers or employees.
   8-20        SECTION 12.  Section 5.34, Alcoholic Beverage Code, is
   8-21  amended to read as follows:
   8-22        Sec. 5.34.  Delegation of Authority.  (a)  The commission may
   8-23  authorize its commissioned peace officers <agents>, servants, and
   8-24  employees to carry out, under its direction, the provisions of this
   8-25  code.
   8-26        (b)  The commission shall develop and implement policies that
   8-27  clearly define the respective responsibilities of the commission
    9-1  and the staff of the commission.
    9-2        SECTION 13.  Subchapter B, Chapter 5, Alcoholic Beverage
    9-3  Code, is amended by adding Section 5.371 to read as follows:
    9-4        Sec. 5.371.  PROCEEDS FROM CONTRABAND.  Property, money, and
    9-5  the proceeds from forfeited contraband provided to the commission
    9-6  by a federal agency or under state or federal law shall be
    9-7  deposited in the commission's account in the state treasury and may
    9-8  be appropriated only to the commission for law enforcement
    9-9  purposes.  Funds under this section that are not expended at the
   9-10  close of a fiscal year shall be reappropriated for the same purpose
   9-11  the following fiscal year.
   9-12        SECTION 14.  Section 5.43, Alcoholic Beverage Code, is
   9-13  amended to read as follows:
   9-14        Sec. 5.43.  Who May Hold Hearing; Rules of Evidence.  Except
   9-15  for a hearing held under Section 61.32 of this code, a hearing on
   9-16  the adoption of commission rules, or a hearing on an employment
   9-17  matter, the <The> commission designates the State Office of
   9-18  Administrative Hearings <or administrator may designate a member of
   9-19  the commission or other representative> to conduct and make a
   9-20  record of any hearing authorized by this code.  The commission or
   9-21  administrator may render a decision on the basis of the record or
   9-22  the proposal for decision if one is required under the
   9-23  Administrative Procedure and Texas Register Act (Article 6252-13a,
   9-24  Vernon's Texas Civil Statutes) as if the administrator or entire
   9-25  commission had conducted the hearing.  The commission may prescribe
   9-26  its rules of procedure for cases not heard by the State Office of
   9-27  Administrative Hearings.
   10-1        SECTION 15.  Section 5.50, Alcoholic Beverage Code, is
   10-2  amended to read as follows:
   10-3        Sec. 5.50.  Establishment of <Certain> Fees.  (a)  Except for
   10-4  a service or importing fee, the  <The> commission by rule shall set
   10-5  <may establish reasonable> fees for tasks and services performed by
   10-6  the commission or licenses or permits issued by the commission in
   10-7  carrying out the provisions of this code in amounts reasonable and
   10-8  necessary to defray the cost of administering<, including fees
   10-9  incidental to the issuance of licenses and permits under Title 3
  10-10  of> this code.
  10-11        (b)  <The commission may not increase or decrease a fee set
  10-12  by this code, but if a statute is enacted creating a certificate,
  10-13  permit, or license and there is no fee established, the commission
  10-14  by rule may set a fee.>
  10-15        <(c)>  Insofar as they relate to the levying and collection
  10-16  of a local fee, Sections 11.38 and 61.36 of this code <do not>
  10-17  apply to license or permit fees set by rule of the commission.
  10-18        (c) <(d)  A fee authorized by this section and set by rule of
  10-19  the  commission may not exceed $25.>  Revenues from fees collected
  10-20  by the commission under this section shall be deposited in the
  10-21  general revenue fund.
  10-22        SECTION 16.  Subchapter B, Chapter 5, Alcoholic Beverage
  10-23  Code, is amended by adding Section 5.52 to read as follows:
  10-24        Sec. 5.52.  PROGRAM ACCESSIBILITY PLAN.  The commission shall
  10-25  prepare and maintain a written plan that describes how a person who
  10-26  does not speak English or who has a physical, mental, or
  10-27  developmental disability may be provided reasonable access to the
   11-1  commission's programs.
   11-2        SECTION 17.  Subchapter B, Chapter 5, Alcoholic Beverage
   11-3  Code, is amended by adding Section 5.53 to read as follows:
   11-4        Sec. 5.53.  PUBLIC INTEREST INFORMATION.  (a)  The commission
   11-5  shall prepare information of public interest describing the
   11-6  functions of the commission and the commission's procedures by
   11-7  which complaints are filed with and resolved by the commission.
   11-8  The commission shall make the information available to the public
   11-9  and appropriate state agencies.
  11-10        (b)  The commission by rule shall establish methods by which
  11-11  consumers and service recipients are notified of the name, mailing
  11-12  address, and telephone number of the commission for the purpose of
  11-13  directing a complaint to the commission.  The commission may
  11-14  require that the notification be provided on a sign prominently
  11-15  displayed in the place of business of each individual or entity
  11-16  regulated under this code.
  11-17        SECTION 18.  Subchapter B, Chapter 5, Alcoholic Beverage
  11-18  Code, is amended by adding Section 5.54 to read as follows:
  11-19        Sec. 5.54.  RESOLUTION OF COMPLAINTS.  (a)  The commission
  11-20  shall keep an information file about each complaint filed with the
  11-21  commission that the commission has authority to resolve.
  11-22        (b)  If a written complaint is filed with the commission that
  11-23  the commission has authority to resolve, the commission, at least
  11-24  quarterly and until final disposition of the complaint, shall
  11-25  notify the parties to the complaint of the status of the complaint
  11-26  unless the notice would jeopardize an undercover investigation.
  11-27        SECTION 19.  Section 6.01(b), Alcoholic Beverage Code, is
   12-1  amended to read as follows:
   12-2        (b)  A license or permit issued under this code is a purely
   12-3  personal privilege and is subject to revocation or suspension if
   12-4  the holder is found to have violated a provision of this code or a
   12-5  rule of the commission.
   12-6        SECTION 20.  Section 6.02(b), Alcoholic Beverage Code, is
   12-7  amended to read as follows:
   12-8        (b)  The fee for an application for a change in expiration
   12-9  date is set by the commission <$25 per license or permit affected>.
  12-10        SECTION 21.  Chapter 6, Alcoholic Beverage Code, is amended
  12-11  by adding Sections 6.03 and 6.04 to read as follows:
  12-12        Sec. 6.03.  CITIZENSHIP REQUIREMENTS.  (a)  It is the public
  12-13  policy of this state and a purpose of this section to require that,
  12-14  except as provided in Subsection (b) of this section or otherwise
  12-15  in this code, a permit or license may not be issued to a person who
  12-16  was not a citizen of this state for the three-year period preceding
  12-17  the date of the filing of the person's application for a license or
  12-18  permit.  In that regard, the legislature makes the findings in
  12-19  Subsections (b) through (j) of this section.
  12-20        (b)  Between 1920 and 1933, the distribution and consumption
  12-21  of alcoholic beverages was prohibited in the United States.  While
  12-22  the idealistic motives behind Prohibition were noble, a law
  12-23  enforcement nightmare ensued.  Otherwise law-abiding citizens
  12-24  routinely violated the law by buying and consuming alcoholic
  12-25  beverages.  The demand for the illegal products created an
  12-26  opportunity for criminal elements to develop a national network for
  12-27  the supply and distribution of alcoholic beverages to the populace.
   13-1  Massive criminal empires were built on illicit profits from these
   13-2  unlawful activities and organized crime openly flourished in
   13-3  Chicago, New York, New Orleans, and other cities.
   13-4        (c)  During Prohibition, the illegal enterprises used their
   13-5  national wholesale distribution networks to exert control over
   13-6  their customers.  A common operating procedure was to sell
   13-7  alcoholic beverages to a speakeasy on liberal terms to ensnarl the
   13-8  owner in a web of debt and control with the aim of forcing the
   13-9  owner to engage in other illegal business enterprises on the
  13-10  premises including gambling, prostitution, and the distribution of
  13-11  illegal drugs.
  13-12        (d)  In 1935, when the sale of alcoholic beverages was
  13-13  legalized in this state following the adoption of the Twenty-first
  13-14  Amendment to the United States Constitution, the state was faced
  13-15  with building an entire framework for the distribution of alcoholic
  13-16  beverage products.  An important concern was that since criminals
  13-17  owned and controlled the existing illegal alcoholic beverage
  13-18  distribution system, criminals would attempt to own and control the
  13-19  newly legalized industry.  In an effort to prevent this situation,
  13-20  comprehensive laws were adopted to ensure that an alcoholic
  13-21  beverage permit or license could be issued only to citizens of the
  13-22  state who had lived in this state for at least three years, thus,
  13-23  long enough to be known by their community and neighbors.
  13-24        (e)  Under the newly designed regulatory scheme, permits and
  13-25  licenses issued by the state did not grant the holder a right.
  13-26  Rather, the holder was granted a privilege that could be challenged
  13-27  at both the county and the state level if the character or
   14-1  qualifications of the applicant were suspect.  Finally, strict cash
   14-2  and credit laws were adopted to prevent parties in the wholesale
   14-3  distribution system from controlling their retail customers through
   14-4  the leveraging of debt to accomplish other illicit gain.
   14-5        (f)  The alcoholic beverage laws adopted by the legislature
   14-6  in the 1930s to free the industry from the influence of organized
   14-7  crime have been successful in this state.  The alcoholic beverage
   14-8  industry in this state is not dominated by organized crime.
   14-9  However, the legislature does find that organized crime continues
  14-10  to be a threat that should never be allowed to establish itself in
  14-11  the alcoholic beverage industry in this state.
  14-12        (g)  To accommodate the interests of the consuming public,
  14-13  the expansion of popular nationwide businesses and the increasing
  14-14  state interest in tourism, and at the same time to guard against
  14-15  the threats of organized crime, unfair competition, and decreased
  14-16  opportunities for small businesses, the legislature finds that
  14-17  there is no longer need for the three-year residency requirements
  14-18  with regard to those segments of the industry that sell alcoholic
  14-19  beverages to the ultimate consumer only.  But the legislature also
  14-20  finds it reasonable, desirable, and in the best interests of the
  14-21  state to retain the three-year residency requirements for
  14-22  businesses engaged in the wholesale distribution of beer, malt
  14-23  liquor, or wine or in the manufacture and distribution of distilled
  14-24  spirits and fortified wines at both the wholesale and the retail
  14-25  levels where those beverages, in unopened containers, are sold to
  14-26  mixed beverage permittees and private club registration permittees
  14-27  as well as to the general public.  Adequate protection is deemed to
   15-1  be provided by controlling those sources of supply for distilled
   15-2  spirits and fortified wines.
   15-3        (h)  It is also the public policy of this state and a purpose
   15-4  of this section to enforce strict cash and credit laws as a means
   15-5  of preventing those engaged in the distribution of alcoholic
   15-6  beverages from exerting undue influence over any level of the
   15-7  industry selling or serving alcoholic beverages to the ultimate
   15-8  consumer.
   15-9        (i)  It is also the public policy of this state and a purpose
  15-10  of this section to maintain and enforce the three-tier system
  15-11  (strict separation between the manufacturing, wholesaling, and
  15-12  retailing levels of the industry) and thereby to prevent the
  15-13  creation or maintenance of a "tied house" as described and
  15-14  prohibited in Section 102.01 of this code.
  15-15        (j)  The above-stated public policies, purposes of this
  15-16  section, and legislative findings are provided as guidelines for
  15-17  the construction of the following subsections of this section.
  15-18        (k)  A requirement under this code that 51 percent or more of
  15-19  the stock of a corporation be owned by a person or persons who were
  15-20  citizens of this state for the three-year period preceding the date
  15-21  of the filing of an application for a license or permit does not
  15-22  apply to a corporation organized under the laws of this state that
  15-23  applies for a license or permit under Chapters 25-34, Chapter 44,
  15-24  Chapters 48-51, or Chapters 69-72 of this code if:
  15-25              (1)  all of the officers and a majority of directors of
  15-26  the applicant corporation have resided within the state for the
  15-27  three-year period preceding the date of the application and each
   16-1  officer or director possesses the qualifications required of other
   16-2  applicants for permits and licenses;
   16-3              (2)  the applicant corporation and the applicant's
   16-4  shareholders have no direct or indirect ownership or other
   16-5  prohibited relationship with others engaged in the alcoholic
   16-6  beverage industry at different levels as provided by Chapter 102 of
   16-7  this code;
   16-8              (3)  the applicant corporation is not precluded by law,
   16-9  rule, charter, or corporate bylaw from disclosing the applicant's
  16-10  shareholders to the commission; and
  16-11              (4)  the applicant corporation maintains its books and
  16-12  records relating to its alcoholic beverage operations in the state
  16-13  at its registered office or at a location in the state approved in
  16-14  writing by the commission.
  16-15        (l)  Corporations subject to Subsection (k) of this section
  16-16  that have substantially similar ownership may merge or consolidate.
  16-17  A fee of $100 shall be paid to the commission for each licensed or
  16-18  permitted premises that is merged or consolidated into the
  16-19  surviving corporation.  The surviving corporation succeeds to all
  16-20  privileges of the prior corporation that held the permits or
  16-21  licenses if the surviving corporation is qualified to hold the
  16-22  permits or licenses under this code.  For the purposes of this
  16-23  subsection, corporations have substantially similar ownership if 90
  16-24  percent or more of the corporations is owned by the same person or
  16-25  persons or by the same corporation or corporations or if the
  16-26  surviving corporation has maintained an ownership interest in the
  16-27  merged or consolidated corporations since the date the original
   17-1  permit or license was issued.
   17-2        Sec. 6.04.  GRACE PERIOD ON RENEWAL OF LICENSES AND PERMITS.
   17-3  (a)  Notwithstanding any other provision of this code, the holder
   17-4  of a license or permit issued under this code may renew the license
   17-5  or permit rather than reapply for an original license or permit if,
   17-6  not later than the 10th day after the date of the expiration of the
   17-7  license or permit, the holder files a renewal application with the
   17-8  commission and pays a renewal fee of $100 and the license or permit
   17-9  fee that is due.
  17-10        (b)  If an application is filed under Subsection (a) of this
  17-11  section, a violation of the law that occurs before the filing of a
  17-12  renewal application may be the basis for an administrative action
  17-13  against the holder of the license or permit.
  17-14        (c)  The commission shall adopt rules necessary to implement
  17-15  this section.
  17-16        SECTION 22.  Subchapter A, Chapter 11, Alcoholic Beverage
  17-17  Code, is amended by adding Section 11.015 to read as follows:
  17-18        Sec. 11.015.  HEARING LOCATION.  Notwithstanding any other
  17-19  provision of this code, a hearing related to the issuance, renewal,
  17-20  cancellation, or suspension of a permit under this subtitle may be
  17-21  conducted only at:
  17-22              (1)  the commission's branch office in the county in
  17-23  which the premises is located; or
  17-24              (2)  if no branch office is located in the county, the
  17-25  county courthouse of the county in which the premises is located.
  17-26        SECTION 23.  Section 11.34(b), Alcoholic Beverage Code, is
  17-27  amended to read as follows:
   18-1        (b)  An applicant who files a consolidated application must
   18-2  pay the fee set by the commission <prescribed in this code> for
   18-3  each permit included in the application.
   18-4        SECTION 24.  Sections 11.46(a) and (c), Alcoholic Beverage
   18-5  Code, are amended to read as follows:
   18-6        (a)  The commission or administrator may refuse to issue an
   18-7  original or renewal permit with or without a hearing if it has
   18-8  reasonable grounds to believe and finds that any of the following
   18-9  circumstances exists:
  18-10              (1)  the applicant has been convicted in a court of
  18-11  competent jurisdiction of the violation of any provision of this
  18-12  code during the two years immediately preceding the filing of his
  18-13  application;
  18-14              (2)  three years have not elapsed since the
  18-15  termination, by pardon or otherwise, of a sentence imposed on the
  18-16  applicant for the conviction of a felony;
  18-17              (3)  within the six-month period immediately preceding
  18-18  his application the applicant violated or caused to be violated a
  18-19  provision of this code or a rule or regulation of the commission
  18-20  which involves moral turpitude, as distinguished from a technical
  18-21  violation of this code or of the rule;
  18-22              (4)  the applicant failed to answer or falsely or
  18-23  incorrectly answered a question in an original or renewal
  18-24  application;
  18-25              (5)  the applicant is indebted to the state for any
  18-26  taxes, fees, or payment of penalty imposed by this code or by rule
  18-27  of the commission;
   19-1              (6)  the applicant is not of good moral character or
   19-2  his reputation for being a peaceable, law-abiding citizen in the
   19-3  community where he resides is bad;
   19-4              (7)  the applicant is a minor;
   19-5              (8)  the place or manner in which the applicant may
   19-6  conduct his business warrants the refusal of a permit based on the
   19-7  general welfare, health, peace, morals, and safety of the people
   19-8  and on the public sense of decency;
   19-9              (9)  the applicant is in the habit of using alcoholic
  19-10  beverages to excess or is physically or mentally incapacitated;
  19-11              (10)  the applicant will sell liquor unlawfully in a
  19-12  dry area or in a manner contrary to law or will knowingly permit an
  19-13  agent, servant, or employee to do so;
  19-14              (11)  the applicant is not a United States citizen or
  19-15  has not been a citizen of Texas for a period of three years
  19-16  immediately preceding the filing of his application, unless he was
  19-17  issued a permit or renewal permit on or before September 1, 1948,
  19-18  and has at some time been a United States citizen;
  19-19              (12)  the applicant does not provide <have> an adequate
  19-20  building available at the address for which the permit is sought
  19-21  before conducting any activity authorized by the permit;
  19-22              (13)  the applicant is residentially domiciled with a
  19-23  person whose permit or license has been cancelled for cause within
  19-24  the 12 months immediately preceding the date of his present
  19-25  application;
  19-26              (14)  the applicant has failed or refused to furnish a
  19-27  true copy of his application to the commission's district office in
   20-1  the district in which the premises for which the permit is sought
   20-2  are located; or
   20-3              (15)  during the six months immediately preceding the
   20-4  filing of the application the premises for which the permit is
   20-5  sought have been operated, used, or frequented for a purpose or in
   20-6  a manner that is lewd, immoral, or offensive to public decency.
   20-7        (c)  The commission or administrator shall refuse to issue
   20-8  for a period of one year after cancellation a mixed beverage permit
   20-9  or private club registration permit for a premises where a license
  20-10  or permit has <two or more licenses and permits have> been canceled
  20-11  during the preceding 12 months as a result of a shooting, stabbing,
  20-12  or other violent act, or as a result of an offense involving drugs.
  20-13        SECTION 25.  Section 11.611, Alcoholic Beverage Code, is
  20-14  amended to read as follows:
  20-15        Sec. 11.611.  Conviction of Offense Relating to
  20-16  Discrimination.  The commission or administrator may suspend <for
  20-17  not more than 60 days> or cancel an original or renewal permit if
  20-18  it is found, after notice and hearing that:
  20-19              (1)  the permittee has been finally convicted of any
  20-20  offense under state or federal law or a municipal ordinance
  20-21  prohibiting the violation of an individual's civil rights or the
  20-22  discrimination against an individual on the basis of the
  20-23  individual's race, color, creed, or national origin; and
  20-24              (2)  the offense was committed on the licensed premises
  20-25  or in connection with the operation of the permittee's business.
  20-26        SECTION 26.  Section 11.64(a), Alcoholic Beverage Code, is
  20-27  amended to read as follows:
   21-1        (a)  When the commission or administrator is authorized to
   21-2  suspend a permit or license under this code, the commission or
   21-3  administrator shall give the permittee or licensee the opportunity
   21-4  to pay a civil penalty rather than have the permit or license
   21-5  suspended.  The commission or administrator shall determine the
   21-6  amount of the penalty and in doing so shall consider the economic
   21-7  impact a suspension would have on the permittee or licensee.  The
   21-8  amount of the civil penalty may not be less than $150 or more than
   21-9  $25,000 for each day the permit or license was to have been
  21-10  suspended.  If the licensee or permittee does not pay the penalty
  21-11  before the sixth day after the commission or administrator notifies
  21-12  him of the amount, he loses the opportunity to pay it and the
  21-13  commission or administrator shall impose the suspension.
  21-14        SECTION 27.  Section 16.01, Alcoholic Beverage Code, is
  21-15  amended to read as follows:
  21-16        Sec. 16.01.  Authorized Activities.  (a)  The holder of a
  21-17  winery permit may:
  21-18              (1)  manufacture, bottle, label, and package wine
  21-19  containing not more than 24 percent alcohol by volume;
  21-20              (2)  manufacture and import grape brandy for fortifying
  21-21  purposes only and to be used only on his licensed premises;
  21-22              (3)  sell wine in this state to holders of wholesaler's
  21-23  permits, winery permits, and wine bottler's permits;
  21-24              (4)  sell wine to ultimate consumers in unbroken
  21-25  packages for off-premises consumption in an amount not to exceed
  21-26  25,000 gallons annually;
  21-27              (5)  sell the wine outside this state to qualified
   22-1  persons;
   22-2              (6)  blend wines; and
   22-3              (7)  dispense free wine for consumption on the winery
   22-4  premises.
   22-5        (b)  The holder of a winery permit may manufacture and label
   22-6  wine for an adult in an amount not to exceed 30 gallons annually
   22-7  for the personal use of the adult.  Any amount of wine produced
   22-8  under this subsection is included in the annual total amount that
   22-9  may be sold by the holder under Subsection (a)(4) of this section.
  22-10  An adult for whom wine is manufactured and labeled under this
  22-11  subsection is not required to hold a license or permit issued under
  22-12  this code.
  22-13        (c)  The holder of a winery permit may conduct wine
  22-14  samplings,  including wine tastings at a retailer's premises.  A
  22-15  winery employee may open, touch, or pour wine, make a presentation,
  22-16  or answer questions at a wine sampling.  A wine sampling may not be
  22-17  held in a location where a wine sampling is otherwise prohibited by
  22-18  law.
  22-19        SECTION 28.  Chapter 22, Alcoholic Beverage Code, is amended
  22-20  by adding Section 22.13 to read as follows:
  22-21        Sec. 22.13.  TEMPORARY PACKAGE STORE PERMIT.  (a)  On
  22-22  application for a package store permit or a wine and beer
  22-23  retailer's off-premises permit, application for a temporary package
  22-24  store permit, and payment of the required fees including a fee for
  22-25  the temporary permit as set by the commission, the commission may
  22-26  issue a temporary package store permit to a person who has entered
  22-27  into a contract to purchase a package store from a holder of a
   23-1  package store permit or a wine and beer retailer's off-premises
   23-2  permit.
   23-3        (b)  Unless revoked or canceled by the commission, a
   23-4  temporary package store permit is valid only during the period that
   23-5  the application for a package store permit is being considered by
   23-6  the commission ending on the day that the package store permit is
   23-7  issued or denied by the commission or by a county judge.
   23-8        (c)  The holder of a temporary package store permit has all
   23-9  of the rights, privileges, and duties of a holder of a package
  23-10  store permit.
  23-11        SECTION 29.  Sections 25.03(a) and (b), Alcoholic Beverage
  23-12  Code, are amended to read as follows:
  23-13        (a)  A wine and beer retailer's permit may be issued for
  23-14  railway dining, buffet, or club cars on the payment of a fee set by
  23-15  the commission <an annual state fee of $30 for each car>.
  23-16        (b)  A wine and beer retailer's permit may be issued for a
  23-17  regularly scheduled excursion boat which is licensed by the United
  23-18  States Coast Guard to carry passengers on the navigable waters of
  23-19  the state and which has a tonnage of not less than 35 tons, a
  23-20  length of not less than 55 feet, and a passenger capacity of not
  23-21  less than 45 passengers.  <The annual state fee for the permit is
  23-22  $130.>
  23-23        SECTION 30.  Section 28.04(d), Alcoholic Beverage Code, is
  23-24  amended to read as follows:
  23-25        (d)  This section does not apply to a change in corporate
  23-26  control:
  23-27              (1)  brought about by the death of a shareholder if his
   24-1  surviving spouse or descendants are his successors in interest; or
   24-2              (2)  brought about when legal or beneficial ownership
   24-3  of over 50 percent of the stock of the corporation has been
   24-4  transferred:
   24-5                    (A)  to a person who possesses the qualifications
   24-6  required of other applicants for permits and is currently an
   24-7  officer of the corporation and has been an officer of the
   24-8  corporation ever since the date the original permit was issued; or
   24-9                    (B)  if the permittee pays a fee set by the
  24-10  commission <of $500> and notifies the commission, on completed
  24-11  forms and attachments prescribed by the commission, of the proposed
  24-12  transfer at least 10 days prior to the date the transfer is to
  24-13  become effective and the commission does not find that
  24-14  circumstances exist that would be grounds for the denial of a
  24-15  renewal of the permit under Section 11.46 of this code and provided
  24-16  the ownership of the corporation immediately after the transfer
  24-17  satisfies the requirements of this code.  <The commission may
  24-18  require the permittee to furnish a new bond as provided in Section
  24-19  204.01(a)(3), and where a new bond is required, the permittee shall
  24-20  not be eligible for a bond exemption under Section 204.01(f) until
  24-21  36 months after the date on which the transfer takes effect.>
  24-22        SECTION 31.  Section 28.14, Alcoholic Beverage Code, is
  24-23  amended to read as follows:
  24-24        Sec. 28.14.  Merger or Consolidation of Corporations Holding
  24-25  Mixed Beverage Permits.  When two or more corporations which have
  24-26  substantially similar ownership and which hold mixed beverage
  24-27  permits issued by the commission merge or consolidate and pay to
   25-1  the commission a <$100> fee set by the commission for each licensed
   25-2  premises, the surviving corporation shall succeed to all the
   25-3  privileges of such corporations in the permits held by such
   25-4  corporations provided the surviving corporation is qualified to
   25-5  hold such permits under this code.  For purposes of this section,
   25-6  two corporations have substantially similar ownership if 90 percent
   25-7  or more of both corporations is owned by the same persons.
   25-8        SECTION 32.  Chapter 28, Alcoholic Beverage Code, is amended
   25-9  by adding Sections 28.15, 28.16, and 28.17 to read as follows:
  25-10        Sec. 28.15.  STAMPS.  (a)  A mixed beverage permittee may not
  25-11  possess or permit a person to possess on the premises distilled
  25-12  spirits in any container that does not bear a serially numbered
  25-13  identification stamp issued by the commission or other
  25-14  identification approved by the commission.
  25-15        (b)  A holder of a local distributor's permit may not
  25-16  knowingly sell, ship, or deliver distilled spirits in any container
  25-17  that does not bear a serially numbered identification stamp issued
  25-18  by the commission or other identification approved by the
  25-19  commission.
  25-20        (c)  Identification stamps may be issued only to a holder of
  25-21  a local distributor's permit who shall affix the stamps as
  25-22  prescribed by the commission or administrator.
  25-23        Sec. 28.16.  PERMIT INELIGIBILITY.  A mixed beverage permit
  25-24  may not be issued to:
  25-25              (1)  a person whose permit was canceled for a violation
  25-26  of Section 28.06(c) of this code;
  25-27              (2)  a person who held an interest in a permit that was
   26-1  canceled for a violation of Section 28.06(c) of this code;
   26-2              (3)  a person who held 50 percent or more of the stock,
   26-3  directly or indirectly, of a corporation whose permit was canceled
   26-4  for a violation of Section 28.06(c) of this code;
   26-5              (4)  a corporation, if a person holding 50 percent or
   26-6  more of the corporation's stock, directly or indirectly, is
   26-7  disqualified from obtaining a permit under Subdivision (3) of this
   26-8  section; or
   26-9              (5)  a person who resides with a person who is barred
  26-10  from obtaining a permit because of a violation of Section 28.06(c)
  26-11  of this code.
  26-12        Sec. 28.17.  SUMMARY SUSPENSION.  (a)  The commission may
  26-13  summarily suspend, without a hearing, the permit of a permittee who
  26-14  fails to file a return or make a tax payment.  The Administrative
  26-15  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
  26-16  Civil Statutes) does not apply to the commission in the enforcement
  26-17  and administration of this section.
  26-18        (b)  A suspension under this section takes effect on the
  26-19  third day after the date the notice of suspension is provided.
  26-20  Notice of suspension shall be sent by registered or certified mail
  26-21  to the permittee or the permittee's agent, servant, or employee if
  26-22  not given in person.
  26-23        (c)  The commission shall terminate a suspension made under
  26-24  this section when the permittee files all required returns and
  26-25  makes all required tax payments, including payment of penalties
  26-26  that are due.
  26-27        SECTION 33.  Section 32.09(b), Alcoholic Beverage Code, is
   27-1  amended to read as follows:
   27-2        (b)  At the time of his admission the temporary member shall
   27-3  pay the club a fee set by the commission <of $3,> which shall
   27-4  represent the fee payable by the permittee to the state.  All fees
   27-5  and payments from temporary members shall be collected in cash or
   27-6  through credit cards approved by the commission or administrator.
   27-7        SECTION 34.  Chapter 32, Alcoholic Beverage Code, is amended
   27-8  by adding Sections 32.20, 32.21, and 32.22 to read as follows:
   27-9        Sec. 32.20.  STAMPS.  (a)  A private club registration
  27-10  permittee may not possess or permit a person to possess on the
  27-11  premises distilled spirits in any container that does not bear a
  27-12  serially numbered identification stamp issued by the commission or
  27-13  other identification approved by the commission.
  27-14        (b)  A holder of a local distributor's permit may not
  27-15  knowingly sell, ship, or deliver distilled spirits in any container
  27-16  that does not bear a serially numbered identification stamp issued
  27-17  by the commission or other identification approved by the
  27-18  commission.
  27-19        (c)  Identification stamps may be issued only to a holder of
  27-20  a local distributor's permit who shall affix the stamps as
  27-21  prescribed by the commission or administrator.
  27-22        Sec. 32.21.  PERMIT INELIGIBILITY.  A private club
  27-23  registration permit may not be issued to:
  27-24              (1)  a person whose permit was canceled for a violation
  27-25  of Section 28.06(c) of this code;
  27-26              (2)  a person who held an interest in a permit that was
  27-27  canceled for a violation of Section 28.06(c) of this code;
   28-1              (3)  a person who held 50 percent or more of the stock,
   28-2  directly or indirectly, of a corporation whose permit was canceled
   28-3  for a violation of Section 28.06(c) of this code;
   28-4              (4)  a corporation, if a person holding 50 percent or
   28-5  more of the corporation's stock, directly or indirectly, is
   28-6  disqualified from obtaining a permit under Subdivision (3) of this
   28-7  section; or
   28-8              (5)  a person who resides with a person who is barred
   28-9  from obtaining a permit because of a violation of Section 28.06(c)
  28-10  of this code.
  28-11        Sec. 32.22.  SUMMARY SUSPENSION.  (a)  The commission may
  28-12  summarily suspend, without a hearing, the permit of a permittee who
  28-13  fails to file a return or make a tax payment.  The Administrative
  28-14  Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
  28-15  Civil Statutes) does not apply to the commission in the enforcement
  28-16  and administration of this section.
  28-17        (b)  A suspension under this section takes effect on the
  28-18  third day after the date the notice of suspension is given.  The
  28-19  notice of suspension shall be sent by registered or certified mail
  28-20  to the permittee, the permittee's agent, servant, or employee if
  28-21  not given in person.
  28-22        (c)  The commission shall terminate a suspension made under
  28-23  this section when the permittee files all required returns and
  28-24  makes all required tax payments, including payment of penalties
  28-25  that are due.
  28-26        SECTION 35.  Section 37.11(e), Alcoholic Beverage Code, is
  28-27  amended to read as follows:
   29-1        (e)  No certificate of approval shall be issued unless the
   29-2  application is accompanied by a fee in the amount set by <of $25
   29-3  payable to> the commission.  A copy of the certificate shall be
   29-4  kept on file in the office of the commission.
   29-5        SECTION 36.  Section 42.04, Alcoholic Beverage Code, is
   29-6  amended by adding Subsection (d) to read as follows:
   29-7        (d)  A holder of a winery permit is exempt from the
   29-8  requirements of this section for the transportation of its wine.
   29-9        SECTION 37.  Section 46.03, Alcoholic Beverage Code, is
  29-10  amended to read as follows:
  29-11        Sec. 46.03.  Qualifications for Permit.  (a)  A bonded
  29-12  warehouse permit may be issued to any public bonded warehouse that:
  29-13              (1)  <not located in a dry area which> derives at least
  29-14  50 percent of its gross revenue in a bona fide manner during each
  29-15  three-month period from the storage of goods or merchandise other
  29-16  than liquor; and
  29-17              (2)  is not located in a dry area.
  29-18        (b)  A bonded warehouse permit may be issued to a public
  29-19  bonded warehouse described by Subsection (a)(1) of this section
  29-20  that is located in a dry area only for the storage of the wine of
  29-21  the holder of a winery permit who holds a permit authorizing its
  29-22  storage in a public bonded warehouse.
  29-23        SECTION 38.  Section 51.04(b), Alcoholic Beverage Code, is
  29-24  amended to read as follows:
  29-25        (b)  A minibar may not be restocked or replenished during any
  29-26  hours that a mixed beverage permittee may not sell alcoholic
  29-27  beverages at the location as provided by Section 105.03 of this
   30-1  code <between the hours of 9 p.m. and 9 a.m. or on any Sunday,> and
   30-2  it may contain no more than 40 individual containers of alcoholic
   30-3  beverages at any one time.
   30-4        SECTION 39.  Section 61.42(c), Alcoholic Beverage Code, is
   30-5  amended to read as follows:
   30-6        (c)  The county judge, commission, or administrator shall
   30-7  refuse to approve or issue for a period of one year a retail
   30-8  dealer's on-premise license or a wine and beer retailer's permit
   30-9  for a premises where a license or permit has <two licenses or
  30-10  permits have> been canceled during the preceding 12 months as a
  30-11  result of a shooting, stabbing, or other violent act, or as a
  30-12  result of an offense involving drugs.
  30-13        SECTION 40.  Section 61.43, Alcoholic Beverage Code, is
  30-14  amended to read as follows:
  30-15        Sec. 61.43.  Discretionary Grounds for Refusal:  Distributor
  30-16  or Retailer.  The county judge may refuse to approve an application
  30-17  for a license as a distributor or retailer if he has reasonable
  30-18  grounds to believe and finds that:
  30-19              (1)  the applicant has been finally convicted in a
  30-20  court of competent jurisdiction for the violation of a provision of
  30-21  this code during the two years immediately preceding the filing of
  30-22  his application;
  30-23              (2)  two years has not elapsed since the termination,
  30-24  by pardon or otherwise, of a sentence imposed for conviction of a
  30-25  felony;
  30-26              (3)  the applicant has violated or caused to be
  30-27  violated a provision of this code or a rule or regulation of the
   31-1  commission, for which a suspension was not imposed, during the
   31-2  12-month period immediately preceding the filing of his
   31-3  application;
   31-4              (4)  the applicant failed to answer or falsely or
   31-5  incorrectly answered a question in his original or renewal
   31-6  application;
   31-7              (5)  the applicant for a retail dealer's license does
   31-8  not have an adequate building available at the address for which
   31-9  the license is sought before conducting any activity authorized by
  31-10  the license;
  31-11              (6)  the applicant or a person with whom he is
  31-12  residentially domiciled had an interest in a license or permit
  31-13  which was cancelled or revoked within the 12-month period
  31-14  immediately preceding the filing of his application;
  31-15              (7)  the applicant failed or refused to furnish a true
  31-16  copy of his application to the commission's district office in the
  31-17  district in which the premises sought to be licensed are located;
  31-18              (8)  the premises on which beer is to be sold for
  31-19  on-premises consumption does not have running water, if it is
  31-20  available, or does not have separate free toilets for males and
  31-21  females, properly identified, on the premises for which the license
  31-22  is sought;
  31-23              (9)  the applicant for a retail dealer's license will
  31-24  conduct his business in a manner contrary to law or in a place or
  31-25  manner conducive to a violation of the law; or
  31-26              (10)  the place, building, or premises for which the
  31-27  license is sought was used for selling alcoholic beverages in
   32-1  violation of the law at any time during the six months immediately
   32-2  preceding the filing of the application or was used, operated, or
   32-3  frequented during that time for a purpose or in a manner which was
   32-4  lewd, immoral, offensive to public decency, or contrary to this
   32-5  code.
   32-6        SECTION 41.  Section 61.71(a), Alcoholic Beverage Code, is
   32-7  amended to read as follows:
   32-8        (a)  The commission or administrator may suspend for not more
   32-9  than 60 days or cancel an original or renewal retail dealer's on-
  32-10  or off-premise license if it is found, after notice and hearing,
  32-11  that the licensee:
  32-12              (1)  violated a provision of this code or a rule of the
  32-13  commission during the existence of the license sought to be
  32-14  cancelled or suspended or during the immediately preceding license
  32-15  period;
  32-16              (2)  was finally convicted for violating a penal
  32-17  provision of this code;
  32-18              (3)  was finally convicted of a felony while holding an
  32-19  original or renewal license;
  32-20              (4)  made a false statement or a misrepresentation in
  32-21  his original application or a renewal application;
  32-22              (5)  with criminal negligence <knowingly> sold, served,
  32-23  or delivered beer to a minor;
  32-24              (6)  sold, served, or delivered beer to an intoxicated
  32-25  person;
  32-26              (7)  sold, served, or delivered beer at a time when its
  32-27  sale is prohibited;
   33-1              (8)  entered or offered to enter an agreement,
   33-2  condition, or system which would constitute the sale or possession
   33-3  of alcoholic beverages on consignment;
   33-4              (9)  possessed on the licensed premises, or on adjacent
   33-5  premises directly or indirectly under his control, an alcoholic
   33-6  beverage not authorized to be sold on the licensed premises, or
   33-7  permitted an agent, servant, or employee to do so, except as
   33-8  permitted by Section 22.06, 24.05, or 102.05 of this code;
   33-9              (10)  does not have at his licensed premises running
  33-10  water, if it is available, and separate toilets for both sexes
  33-11  which are properly identified;
  33-12              (11)  permitted a person on the licensed premises to
  33-13  engage in conduct which is lewd, immoral, or offensive to public
  33-14  decency;
  33-15              (12)  employed a person under 18 years of age to sell,
  33-16  handle, or dispense beer, or to assist in doing so, in an
  33-17  establishment where beer is sold for on-premises consumption;
  33-18              (13)  conspired with a person to violate Section
  33-19  101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or
  33-20  108.04-108.06 of this code, or a rule promulgated under Section
  33-21  5.40 of this code, or accepted a benefit from an act prohibited by
  33-22  any of these sections or rules;
  33-23              (14)  refused to permit or interfered with an
  33-24  inspection of the licensed premises by an authorized representative
  33-25  of the commission or a peace officer;
  33-26              (15)  permitted the use or display of his license in
  33-27  the conduct of a business for the benefit of a person not
   34-1  authorized by law to have an interest in the license;
   34-2              (16)  maintained blinds or barriers at his place of
   34-3  business in violation of this code;
   34-4              (17)  conducted his business in a place or manner which
   34-5  warrants the cancellation or suspension of the license based on the
   34-6  general welfare, health, peace, morals, safety, and sense of
   34-7  decency of the people;
   34-8              (18)  consumed an alcoholic beverage or permitted one
   34-9  to be consumed on the licensed premises at a time when the
  34-10  consumption of alcoholic beverages is prohibited by this code;
  34-11              (19)  purchased beer for the purpose of resale from a
  34-12  person other than the holder of a manufacturer's or distributor's
  34-13  license;
  34-14              (20)  acquired an alcoholic beverage for the purpose of
  34-15  resale from another retail dealer of alcoholic beverages;
  34-16              (21)  owned an interest of any kind in the business or
  34-17  premises of the holder of a distributor's license;
  34-18              (22)  purchased, sold, offered for sale, distributed,
  34-19  or delivered an alcoholic beverage, or consumed an alcoholic
  34-20  beverage or permitted one to be consumed on the licensed premises
  34-21  while his license was under suspension;
  34-22              (23)  purchased, possessed, stored, sold, or offered
  34-23  for sale beer in or from an original package bearing a brand or
  34-24  trade name of a manufacturer other than the brand or trade name
  34-25  shown on the container;
  34-26              (24)  habitually uses alcoholic beverages to excess, is
  34-27  mentally incompetent, or is physically unable to manage his
   35-1  establishment;
   35-2              (25)  imported beer into this state except as
   35-3  authorized by Section 107.07 of this code;
   35-4              (26)  occupied premises in which the holder of a
   35-5  manufacturer's or distributor's license had an interest of any
   35-6  kind;
   35-7              (27)  knowingly permitted a person who had an interest
   35-8  in a permit or license which was cancelled for cause to sell,
   35-9  handle, or assist in selling or handling alcoholic beverages on the
  35-10  licensed premises within one year after the cancellation;
  35-11              (28)  was financially interested in a place of business
  35-12  engaged in the selling of distilled spirits or permitted a person
  35-13  having an interest in that type of business to have a financial
  35-14  interest in the business authorized by his license, except as
  35-15  permitted by Section 22.06, 24.05, or 102.05 of this code;
  35-16              (29)  is residentially domiciled with or related to a
  35-17  person engaged in selling distilled spirits, except as permitted by
  35-18  Section 22.06, 24.05, or 102.05 of this code, so that there is a
  35-19  community of interests which the commission or administrator finds
  35-20  contrary to the purposes of this code; or
  35-21              (30)  is residentially domiciled with or related to a
  35-22  person whose license has been cancelled within the preceding 12
  35-23  months so that there is a community of interests which the
  35-24  commission or administrator finds contrary to the purposes of this
  35-25  code.
  35-26        SECTION 42.  Section 61.74(a), Alcoholic Beverage Code, is
  35-27  amended to read as follows:
   36-1        (a)  The commission or administrator may suspend for not more
   36-2  than 60 days or cancel an original or renewal general, local, or
   36-3  branch distributor's license if it is found, after notice and
   36-4  hearing, that the licensee:
   36-5              (1)  violated a provision of this code or a rule of the
   36-6  commission during the existence of the license sought to be
   36-7  cancelled or suspended or during the immediately preceding license
   36-8  period;
   36-9              (2)  was finally convicted for violating a penal
  36-10  provision of this code;
  36-11              (3)  was finally convicted of a felony while holding an
  36-12  original or renewal license;
  36-13              (4)  violated Section 101.41-101.43, 101.68,
  36-14  102.11-102.15, 104.04, 108.01, or 108.04-108.06 of this code, or a
  36-15  rule or regulation promulgated under Section 5.40 of this code;
  36-16              (5)  failed to comply with a requirement of the
  36-17  commission relating to the keeping of records or making of reports;
  36-18              (6)  failed to pay any tax due the state on any beer he
  36-19  sold, stored, or transported;
  36-20              (7)  refused to permit or interfered with an inspection
  36-21  of his licensed premises, vehicles, books, or records by an
  36-22  authorized representative of the commission;
  36-23              (8)  consummated a sale of beer outside the county or
  36-24  counties in which he was authorized to sell beer by his license;
  36-25              (9)  purchased, sold, offered for sale, distributed, or
  36-26  delivered beer while his license was under suspension;
  36-27              (10)  permitted the use of his license in the operation
   37-1  of a business conducted for the benefit of a person not authorized
   37-2  by law to have an interest in the business;
   37-3              (11)  made a false or misleading representation or
   37-4  statement in his original application or a renewal application;
   37-5              (12)  habitually uses alcoholic beverages to excess, is
   37-6  mentally incompetent, or is physically unable to manage his
   37-7  establishment;
   37-8              (13)  misrepresented any beer sold by him to a retailer
   37-9  or to the public;
  37-10              (14)  with criminal negligence <knowingly> sold or
  37-11  delivered beer to a minor; or
  37-12              (15)  purchased, possessed, stored, sold, or offered
  37-13  for sale beer in an original package bearing a brand or trade name
  37-14  of a manufacturer other than the brand or trade name of the
  37-15  manufacturer shown on the container.
  37-16        SECTION 43.  Section 61.75, Alcoholic Beverage Code, is
  37-17  amended to read as follows:
  37-18        Sec. 61.75.  Suspension of Manufacturer's License.  If a
  37-19  manufacturer violates a provision of this code or a rule of the
  37-20  commission, the commission or administrator may order the
  37-21  manufacturer to cease and desist from the violation and may suspend
  37-22  its license, after notice and hearing<, until the licensee obeys
  37-23  the order>.
  37-24        SECTION 44.  Section 63.02, Alcoholic Beverage Code, is
  37-25  amended to read as follows:
  37-26        Sec. 63.02.  No County or City Fee.  <The annual state fee
  37-27  for a nonresident manufacturer's license is $750.>   No county or
   38-1  city is entitled to a fee for the issuance of the license.
   38-2        SECTION 45.  Section 69.03, Alcoholic Beverage Code, is
   38-3  amended to read as follows:
   38-4        Sec. 69.03.  Issuance of License for Railway Cars.  A retail
   38-5  dealer's on-premise license may be issued for a railway dining,
   38-6  buffet, or club car.  Application for a license of this type shall
   38-7  be made directly to the commission<,> and accompanied by a fee set
   38-8  by the commission <the annual state fee is $30 for each car>.
   38-9        SECTION 46.  Chapter 71, Alcoholic Beverage Code, is amended
  38-10  by adding Section 71.11 to read as follows:
  38-11        Sec. 71.11.  TEMPORARY RETAIL DEALER'S OFF-PREMISES LICENSE.
  38-12  (a)  On application for a retail dealer's off-premises license,
  38-13  application for a temporary retail dealer's off-premises license,
  38-14  and payment of the required fees including a fee for the temporary
  38-15  license as set by the commission, the commission may issue a
  38-16  temporary retail dealer's off-premises license to a person who has
  38-17  entered into a contract to purchase a premises from a holder of a
  38-18  retail dealer's off-premises license and a package store permit.
  38-19        (b)  Unless revoked or cancelled by the commission, a
  38-20  temporary retail dealer's off-premises license is valid only during
  38-21  the period that the application for a retail dealer's off-premises
  38-22  license is being considered by the commission and county judge
  38-23  ending on the day that the retail dealer's off-premises license is
  38-24  issued or denied.
  38-25        (c)  The holder of a temporary retail dealer's off-premises
  38-26  license has all of the rights, privileges, and duties of a holder
  38-27  of a retail dealer's off-premises license.
   39-1        SECTION 47.  Section 101.67(d), Alcoholic Beverage Code, is
   39-2  amended to read as follows:
   39-3        (d)  If the commission determines that the sample and label
   39-4  required by Subsection (a) of this section comply with the
   39-5  provisions of this code and the rules of the commission, the
   39-6  commission shall issue a certificate of approval upon receipt of a
   39-7  fee set by the commission <in the amount of $25>.  A copy of the
   39-8  certificate shall be kept on file in the office of the commission.
   39-9        SECTION 48.  Subchapter A, Chapter 102, Alcoholic Beverage
  39-10  Code, is amended by adding Section 102.02 to read as follows:
  39-11        Sec. 102.02.  PROVIDING SAMPLES.  Notwithstanding any other
  39-12  provision of this code, the holder of a wholesaler's permit or the
  39-13  holder's agent, representative, or employee may furnish or give a
  39-14  sample of liquor to a holder of a permit authorizing the sale of
  39-15  that category of alcoholic beverage at retail if the retail
  39-16  permittee has not previously purchased that brand from that
  39-17  wholesaler permittee.  The wholesaler may give the retail permittee
  39-18  not more than 750 milliliters of any brand of distilled spirits,
  39-19  not more than three liters of any brand of wine in that package,
  39-20  and not more than one six-pack of any other alcoholic beverage so
  39-21  packaged.  The retail permittee or the permittee's agent, servant,
  39-22  or employee may sample the product on the licensed premises only if
  39-23  the wholesaler or the wholesaler's agent, servant, or employee is
  39-24  present.
  39-25        SECTION 49.  Sections 102.07(a), (b), and (d), Alcoholic
  39-26  Beverage Code, are amended to read as follows:
  39-27        (a)  Except as provided in Subsections <Subsection> (b) and
   40-1  (d) of this section, no person who owns or has an interest in the
   40-2  business of a distiller, brewer, rectifier, wholesaler, class B
   40-3  wholesaler, winery, or wine bottler, nor the agent, servant, or
   40-4  employee of such a person, may:
   40-5              (1)  own or have a direct or indirect interest in the
   40-6  business, premises, equipment, or fixtures of a retailer;
   40-7              (2)  furnish, give, or lend any money or<,> service<,
   40-8  or thing of value> to a retailer;
   40-9              (3)  guarantee a financial obligation of a retailer;
  40-10              (4)  make or offer to enter an agreement, condition, or
  40-11  system which will in effect amount to the shipment and delivery of
  40-12  alcoholic beverages on consignment;
  40-13              (5)  furnish, give, rent, lend, or sell to a retail
  40-14  dealer any equipment, fixtures, or supplies to be used in selling
  40-15  or dispensing alcoholic beverages, except that alcoholic beverages
  40-16  may be packaged in combination with other items if the package is
  40-17  designed to be delivered intact to the ultimate consumer and the
  40-18  additional items have no value or benefit to the retailer other
  40-19  than that of having the potential of attracting purchases and
  40-20  promoting sales;
  40-21              (6)  pay or make an allowance to a retailer for a
  40-22  special advertising or distribution service;
  40-23              (7)  allow an excessive discount to a retailer;
  40-24              (8)  offer a prize, premium, gift, or similar
  40-25  inducement to a retailer <or consumer> or to the agent, servant, or
  40-26  employee of a retailer <either>.
  40-27        (b)  A permittee covered by Subsection (a) of this section
   41-1  may furnish to a retailer without cost advertising specialties
   41-2  showing the name of the product advertised.  The total value of all
   41-3  advertising specialties for any one brand furnished to a retailer
   41-4  in any one calendar year may not exceed $78.  Not more than once a
   41-5  year, the administrator on the administrator's own motion or on the
   41-6  motion of the permittee may increase or decrease the total amount
   41-7  of advertising specialties permitted under this subsection by not
   41-8  more than six percent based on the consumer price index and
   41-9  previous adjustments, if any.  For the purposes of this subsection,
  41-10  "consumer price index" means the annual average over a calendar
  41-11  year of the consumer price index (all items, United States city
  41-12  average) published monthly by the Bureau of Labor Statistics,
  41-13  United States Department of Labor, or its successor in function.
  41-14  Permittees covered by Subsection (a) of this section may not pool
  41-15  or combine their dollar limitations to provide a retailer with
  41-16  advertising specialties valued in excess of the maximum permitted
  41-17  under this subsection  <recipes, recipe books, book matches,
  41-18  cocktail napkins, or other advertising items showing the name of
  41-19  the permittee furnishing the items or the brand name of the product
  41-20  advertised if the individual cost of the items does not exceed 25
  41-21  cents>.
  41-22        (d)  A permittee covered under Subsection (a) of this section
  41-23  may offer coupons, prizes, premiums, or gifts to a consumer if the
  41-24  offer is national in scope and offered in 30 states or more  <The
  41-25  holder of a winery permit may furnish to a retailer without cost
  41-26  recipes, recipe books, book matches, cocktail napkins, or other
  41-27  advertising items showing the name of the winery furnishing the
   42-1  items or the brand name of the product advertised if the individual
   42-2  cost of the items does not exceed $1>.
   42-3        SECTION 50.  Subchapter A, Chapter 102, Alcoholic Beverage
   42-4  Code, is amended by adding Section 102.19 to read as follows:
   42-5        Sec. 102.19.  RESTOCKING AND ROTATION OF ALCOHOLIC BEVERAGES
   42-6  AUTHORIZED.  Restocking of a display and rotation of alcoholic
   42-7  beverage stock in a retail establishment from the retailer's
   42-8  storeroom, salesroom, display counter, or cooler by a
   42-9  representative of a wholesaler or distributor is lawful.  The
  42-10  commission or administrator may publish guidelines regarding this
  42-11  activity as the commission or administrator determines to be
  42-12  necessary.
  42-13        SECTION 51.  Chapter 104, Alcoholic Beverage Code, is amended
  42-14  by adding Section 104.05 to read as follows:
  42-15        Sec. 104.05.  SALE IN ORIGINAL PACKAGING.  (a)  This section
  42-16  applies to a permittee or licensee who is authorized to sell beer,
  42-17  malt liquor, or ale to an ultimate consumer for consumption off the
  42-18  permitted or licensed premises.
  42-19        (b)  The holder of a permit or license described in
  42-20  Subsection (a) of this section may resell beer, malt liquor, or ale
  42-21  only in the packaging in which the holder received the beer, malt
  42-22  liquor, or ale or may resell the contents of the packages as
  42-23  individual containers.
  42-24        (c)  Except for purposes of resale as individual containers,
  42-25  a licensee or permittee may not:
  42-26              (1)  mutilate, tear apart, or cut apart original
  42-27  packaging in which beer, malt liquor, or ale was received; or
   43-1              (2)  repackage beer, malt liquor, or ale in a manner
   43-2  misleading to the consumer or that results in required labeling
   43-3  being omitted or obscured.
   43-4        (d)  Claims for breakage, shortage, or damage to an alcoholic
   43-5  beverage shall be made to the retailer at the time of delivery.
   43-6  Except as provided by Subsection (e) of this section, a claim is
   43-7  not allowed after delivery.
   43-8        (e)  To assure and control product quality, the holder of a
   43-9  distributor's license, wholesaler's permit, or class B wholesaler's
  43-10  permit, at the time of a regular delivery, may withdraw, with the
  43-11  permission of the retailer, a quantity of beer, ale, or malt liquor
  43-12  in its undamaged original packaging from the retailer's stock, if:
  43-13              (1)  the distributor, wholesaler, or class B wholesaler
  43-14  replaces the stock with beer, ale, or malt liquor of identical
  43-15  brands, quantities, and packages as the beer, ale, or malt liquor
  43-16  withdrawn;
  43-17              (2)  the stock is withdrawn before the date considered
  43-18  by the manufacturer of the product to be the date the product
  43-19  becomes inappropriate for sale to a consumer; and
  43-20              (3)  the quantity of stock withdrawn does not exceed
  43-21  the equivalent of 15 cases of 24 12-ounce containers.
  43-22        (f)  A consignment sale of an alcoholic beverage is not
  43-23  authorized under  Subsection (e) of this section.
  43-24        SECTION 52.  Section 105.02(a), Alcoholic Beverage Code, is
  43-25  amended to read as follows:
  43-26        (a)  Except as provided by Subsection (b) of this section, a
  43-27  wholesaler or a local distributor's permittee may sell, offer for
   44-1  sale, or deliver liquor with a prior order to a retailer at any
   44-2  convenient time <between 7 a. m. and 9 p. m.> on any day except
   44-3  Sunday and Christmas Day.
   44-4        SECTION 53.  Section 106.06(a), Alcoholic Beverage Code, is
   44-5  amended to read as follows:
   44-6        (a)  Except as provided in Subsection (b) of this section, a
   44-7  person commits an offense if he purchases an alcoholic beverage for
   44-8  or gives or with criminal negligence <knowingly> makes available an
   44-9  alcoholic beverage to a minor.
  44-10        SECTION 54.  Section 106.13(a), Alcoholic Beverage Code, is
  44-11  amended to read as follows:
  44-12        (a)  Except as provided in Subsections (b) and (c) of this
  44-13  section, the commission or administrator may cancel or suspend for
  44-14  not more than 60 days a retail license or permit or a private club
  44-15  registration permit if it is found, on notice and hearing, that the
  44-16  licensee or permittee with criminal negligence <knowingly> sold,
  44-17  served, dispensed, or delivered an alcoholic beverage to a minor in
  44-18  violation of this code or with criminal negligence <knowingly>
  44-19  permitted a minor to violate Section 106.04 or 106.05 of this code
  44-20  on the licensed premises.
  44-21        SECTION 55.  Chapter 107, Alcoholic Beverage Code, is amended
  44-22  by adding Sections 107.09 and 107.10 to read as follows:
  44-23        Sec. 107.09.  SINGLE INVOICE AUTHORIZED.  If the holder of a
  44-24  general, local, or branch distributor's license also holds a
  44-25  wholesaler's, general class B wholesaler's, or local class B
  44-26  wholesaler's permit, a written statement or invoice required as
  44-27  evidence of the sale of beer or liquor may be on the same business
   45-1  form that is designed to reflect the sale of both liquor and beer,
   45-2  if all information required by this code to be shown on a statement
   45-3  or invoice is reflected on the form and all other records required
   45-4  by this code are maintained.
   45-5        Sec. 107.10.  TRANSPORTATION OF WINE COOLERS OR SPIRIT
   45-6  COOLERS.  (a)  A holder of a wholesaler's, general class B
   45-7  wholesaler's, or local class B wholesaler's permit may transport
   45-8  and sell wine coolers without further authorization if the holder
   45-9  complies with the provisions of this code and rules of the
  45-10  commission applicable to the transportation and sale of beer by a
  45-11  holder of a distributor's license.
  45-12        (b)  A holder of a wholesaler's permit may transport and sell
  45-13  spirit coolers without further authorization if the holder complies
  45-14  with the provisions of this code and rules of the commission
  45-15  applicable to the transportation and sale of beer by a holder of a
  45-16  distributor's license.
  45-17        SECTION 56.  Section 108.03, Alcoholic Beverage Code, is
  45-18  amended to read as follows:
  45-19        Sec. 108.03.  Regulation of Promotional Activities.  The
  45-20  commission shall adopt rules permitting and regulating the use of
  45-21  business cards, menu cards, stationery, service vehicles and
  45-22  equipment, and delivery vehicles and equipment that bear alcoholic
  45-23  beverage advertising.  The commission shall also adopt rules
  45-24  permitting and regulating the use of insignia advertising beer,
  45-25  distilled spirits, or wine by brand name on caps, regalia, or
  45-26  uniforms worn by employees of manufacturers, <or> distributors,
  45-27  distillers, or wineries or by participants in a game, sport,
   46-1  athletic contest, or revue if the participants are sponsored by a
   46-2  manufacturer, <or> distributor, distiller, or winery.
   46-3        SECTION 57.  Section 109.02, Alcoholic Beverage Code, is
   46-4  amended to read as follows:
   46-5        Sec. 109.02.  Registration of Beverages With Commission.
   46-6  Immediately after taking possession of the alcoholic beverages, the
   46-7  insurer or insurance salvor shall register them with the
   46-8  commission, furnishing the commission a detailed inventory and the
   46-9  exact location of the beverages.  At the time of registration, the
  46-10  registrant shall post with the commission a surety bond in an
  46-11  amount that the administrator finds adequate to protect the state
  46-12  against the taxes due on the beverages, if any are due.  The
  46-13  registrant shall remit with the registration a fee set by the
  46-14  commission <of $10>.  The fee only permits the sale of the
  46-15  beverages listed in the registration.
  46-16        SECTION 58.  Subchapter A, Chapter 109, Alcoholic Beverage
  46-17  Code, is amended by adding Section 109.08 to read as follows:
  46-18        Sec. 109.08.  EXCLUSION.  Notwithstanding any other provision
  46-19  of this code, a distiller, brewer, manufacturer, winery, or other
  46-20  manufacturing level producer of liquor or beer, or wholesalers of
  46-21  the distiller, brewer, manufacturer, winery, or other manufacturing
  46-22  level producer, may not directly, indirectly, or through an
  46-23  affiliate require, by agreement or otherwise, that a retailer
  46-24  engaged in the sale of liquor or beer purchase liquor or beer
  46-25  exclusively or partially from the distiller, brewer, manufacturer,
  46-26  winery, or other manufacturing level producer or restrict the
  46-27  retailer from purchasing liquor or beer from other manufacturers or
   47-1  distributors.
   47-2        SECTION 59.  Subchapter D, Chapter 109, Alcoholic Beverage
   47-3  Code, is amended by adding Sections 109.531 and 109.532 to read as
   47-4  follows:
   47-5        Sec. 109.531.  ADDITIONAL REQUIREMENTS FOR APPLICATION OR
   47-6  RENEWAL OF PERMIT OR LICENSE BY OUT-OF-STATE RESIDENTS.  In
   47-7  addition to any other requirement for a license or permit under
   47-8  this code, a person who has not been a citizen of this state for a
   47-9  period of three years preceding the date the person filed an
  47-10  application for a permit or license under Chapters 25-34, 44,
  47-11  48-51, or 69-72 of this code shall:
  47-12              (1)  designate an agent, who is a citizen of this
  47-13  state, to represent the person in matters before the commission and
  47-14  to be responsible for the proper conduct of any activity of the
  47-15  licensee or permittee; and
  47-16              (2)  submit to a criminal history background check.
  47-17        Sec. 109.532.  CRIMINAL HISTORY BACKGROUND CHECKS.  (a)  The
  47-18  commission shall establish a uniform method of obtaining criminal
  47-19  history information.  The uniform method must require:
  47-20              (1)  either a complete set of fingerprints or the
  47-21  complete name of the person being investigated to be submitted to
  47-22  the Department of Public Safety or to another law enforcement
  47-23  agency; and
  47-24              (2)  if fingerprints are submitted, the fingerprints
  47-25  must be submitted to the Federal Bureau of Investigation for
  47-26  further information if a relevant disqualifying record or other
  47-27  substantive information is not obtained from a state or local law
   48-1  enforcement agency.
   48-2        (b)  The commission may deny a license or permit or the
   48-3  renewal of a license or permit for an applicant if:
   48-4              (1)  the commission determines that a previous criminal
   48-5  conviction or deferred adjudication indicates that the applicant is
   48-6  not qualified or suitable for a license or permit; or
   48-7              (2)  the applicant fails to provide a complete set of
   48-8  fingerprints if the commission establishes that method of obtaining
   48-9  conviction information.
  48-10        (c)  All criminal history information received by the
  48-11  commission is privileged information and is for the exclusive use
  48-12  of the commission.  The information may be released or otherwise
  48-13  disclosed to any other person or agency only:
  48-14              (1)  on court order; or
  48-15              (2)  with the consent of the person being investigated.
  48-16        (d)  The commission shall collect and destroy criminal
  48-17  history information relating to a person immediately after the
  48-18  commission makes a decision on the eligibility of the person for
  48-19  registration.
  48-20        (e)  A person commits an offense if the person releases or
  48-21  discloses in violation of this section criminal history information
  48-22  received by the commission.  An offense under this subsection is a
  48-23  felony of the second degree.
  48-24        (f)  The commission may charge a fee to cover the cost of a
  48-25  criminal history background check.
  48-26        SECTION 60.  Subchapter D, Chapter 109, Alcoholic Beverage
  48-27  Code, is amended by adding  Section 109.58 to read as follows:
   49-1        Sec. 109.58.  RELAXATION OF RESTRICTIONS AS TO CHARITABLE
   49-2  EVENTS.  The commission by rule may set definite limitations
   49-3  consistent with the general provisions of this code that relax the
   49-4  restrictions of this code with respect to the making of a gift to
   49-5  civic, religious, or charitable organizations by the liquor
   49-6  industry.
   49-7        SECTION 61.  Subchapter A, Chapter 201, Alcoholic Beverage
   49-8  Code, is amended by adding Section 201.011 to read as follows:
   49-9        Sec. 201.011.  TIMELY FILING:  DILIGENCE.  A person filing a
  49-10  report or making a tax payment complies with the filing
  49-11  requirements for timeliness for a report not filed or a payment not
  49-12  made on time if the person exercised reasonable diligence to comply
  49-13  with the filing requirements and the failure to file or the making
  49-14  of a late payment is not the fault of the person.
  49-15        SECTION 62.  Subchapter A, Chapter 201, Alcoholic Beverage
  49-16  Code, is amended by adding Section 201.075 to read as follows:
  49-17        Sec. 201.075.  SUMMARY SUSPENSION.  (a)  The commission may
  49-18  summarily suspend, without a hearing, the permit of a permittee who
  49-19  fails to file a report or return or to make a tax payment required
  49-20  by this subchapter.  The Administrative Procedure and Texas
  49-21  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) does
  49-22  not apply to the commission in the enforcement and administration
  49-23  of this section.
  49-24        (b)  A suspension under this section takes effect on the
  49-25  third day after the date the notice of suspension is given.  The
  49-26  notice shall be given to the permittee or the permittee's agent or
  49-27  employee by registered or certified mail if not given in person.
   50-1        (c)  The commission shall terminate a suspension made under
   50-2  this section when the permittee files all required returns and
   50-3  makes all required tax payments that are due.
   50-4        SECTION 63.  Subchapter B, Chapter 201, Alcoholic Beverage
   50-5  Code, is amended by adding Section 201.53 to read as follows:
   50-6        Sec. 201.53.  SUMMARY SUSPENSION.  (a)  The commission may
   50-7  summarily suspend, without a hearing, the permit of a permittee who
   50-8  fails to file a report or return or to make a tax payment required
   50-9  by this subchapter.  The Administrative Procedure and Texas
  50-10  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) does
  50-11  not apply to the commission in the enforcement and administration
  50-12  of this section.
  50-13        (b)  A suspension under this section takes effect on the
  50-14  third day after the date the notice of suspension is given.  The
  50-15  notice shall be given to the permittee or the permittee's agent or
  50-16  employee by registered or certified mail if not given in person.
  50-17        (c)  The commission shall terminate a suspension made under
  50-18  this section when the permittee files all required returns and
  50-19  makes all required tax payments that are due.
  50-20        SECTION 64.  Chapter 203, Alcoholic Beverage Code, is amended
  50-21  by adding Section 203.13 to read as follows:
  50-22        Sec. 203.13.  SUMMARY SUSPENSION.  (a)  The commission may
  50-23  summarily suspend, without a hearing, the permit of a permittee who
  50-24  fails to file a report or return or to make a tax payment required
  50-25  by this subchapter.  The Administrative Procedure and Texas
  50-26  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) does
  50-27  not apply to the commission in the enforcement and administration
   51-1  of this section.
   51-2        (b)  A suspension under this section takes effect on the
   51-3  third day after the date the notice of suspension is given.  The
   51-4  notice shall be given to the permittee or the permittee's agent or
   51-5  employee by registered or certified mail if not given in person.
   51-6        (c)  The commission shall terminate a suspension made under
   51-7  this section when the permittee files all required returns and
   51-8  makes all required tax payments that are due.
   51-9        SECTION 65.  Sections 204.01(a), (b), (c), (d), (f), (g),
  51-10  (h), and (i), Alcoholic Beverage Code, are amended to read as
  51-11  follows:
  51-12        (a)  Except as otherwise provided in this section, the
  51-13  following licensees and permittees shall furnish a bond:
  51-14              (1)  those authorized to import alcoholic beverages
  51-15  into the state;
  51-16              (2)  manufacturers of beer and brewers of ale or malt
  51-17  liquor in the state; and
  51-18              (3)  <permittees subject to the gross receipts tax on
  51-19  mixed beverages imposed by Section 202.02 of this code; and>
  51-20              <(4)>  all other permittees.
  51-21        (b)  No bond is required of a holder of a mixed beverage,
  51-22  private club registration, carriers, local cartage, wine and beer
  51-23  retailers, nonresident seller's, manufacturer's agent's, or agent's
  51-24  permit.
  51-25        (c)  No bond is required of a retail licensee or permittee
  51-26  who is not responsible for the primary payment of an alcoholic
  51-27  beverage excise tax to this state.  <This subsection does not
   52-1  exempt permittees subject to the gross receipts tax on mixed
   52-2  beverages imposed by Section 202.02 of this code.>
   52-3        (d)  The  <A permittee required to furnish a bond to secure
   52-4  the payment of the gross receipts tax on mixed beverages, the>
   52-5  holder of a wholesaler's or class B wholesaler's permit, or the
   52-6  holder of a distributor's license may furnish, in lieu of all or
   52-7  part of the amount of the bond required:
   52-8              (1)  one or more certificates of deposit or savings
   52-9  assigned to the state, issued by one or more banks or savings
  52-10  institutions authorized to do business in this state; or
  52-11              (2)  one or more letters of credit issued by one or
  52-12  more banks or savings institutions authorized to do business in
  52-13  this state.
  52-14        (f)  The  <A permittee subject to the gross receipts tax on
  52-15  mixed beverages imposed by Section 202.02 of this code, the> holder
  52-16  of a wholesaler's or class B wholesaler's permit, or the holder of
  52-17  a distributor's license is not required to furnish a bond if for
  52-18  the preceding 36 months the permittee or licensee has paid all
  52-19  taxes and fees required by this code on or before the due date.  <A
  52-20  finding of deficiency under Section 202.09 of this code does not
  52-21  constitute a failure to pay a tax when due for purposes of this
  52-22  subsection or Subsection (g) or (h) of this section if the
  52-23  deficiency and any applicable penalty are paid within 10 days of
  52-24  the date of demand for payment by the commission.>
  52-25        (g)  An exemption under Subsection (f) of this section
  52-26  terminates and the permittee or licensee must furnish a bond or tax
  52-27  security if the permittee or licensee fails to pay a tax or fee
   53-1  imposed by this code on or before the due date.
   53-2        (h)  A permittee or licensee required to furnish a bond or
   53-3  tax security under Subsection (g) of this section is again entitled
   53-4  to exemption from the surety requirement if the permittee or
   53-5  licensee:
   53-6              (1)  pays all delinquent taxes and fees and any
   53-7  applicable penalties; and
   53-8              (2)  pays all taxes and fees required by this code on
   53-9  or before the due date for 18 consecutive months after the month in
  53-10  which the delinquent taxes and fees and the penalties are paid.
  53-11        (i)  A permittee or licensee who qualifies for an exemption
  53-12  under Subsection (f) of this section is also exempt from the
  53-13  bonding requirement for any other <mixed beverage permit,>
  53-14  wholesaler's permit, class B wholesaler's permit, or distributor's
  53-15  license currently held by or subsequently issued to the same
  53-16  permittee or licensee for use at licensed premises different from
  53-17  and additional to those covered by the permit or license under
  53-18  which the permittee or licensee qualified for exemption.  However,
  53-19  if a permittee or licensee fails to pay a tax or fee imposed by
  53-20  this code on or before the due date and the permittee or licensee
  53-21  holds multiple permits or licenses, the requirement for a bond or
  53-22  tax security shall be imposed or reimposed under Subsection (g) of
  53-23  this section only on the permit or license covering the licensed
  53-24  premises for which the tax or fee and any applicable penalty were
  53-25  not timely paid.
  53-26        SECTION 66.  Section 204.03(d), Alcoholic Beverage Code, is
  53-27  amended to read as follows:
   54-1        (d)  Bonds, letters of credit, or certificates of deposit to
   54-2  insure the payment of the tax on distilled spirits imposed by
   54-3  Section 201.03 of this code, the tax on vinous liquor imposed by
   54-4  Section 201.04 of this code, the tax on ale and malt liquor imposed
   54-5  by Section 201.42 of this code, or the tax on beer imposed by
   54-6  Section 203.01 of this code, shall be set at an amount that will
   54-7  protect the state against the anticipated tax liability of the
   54-8  principal for any six-week period.
   54-9        SECTION 67.  Chapter 204, Alcoholic Beverage Code, is amended
  54-10  by adding Section 204.06 to read as follows:
  54-11        Sec. 204.06.  COMPREHENSIVE WINERY BOND.  A person who holds
  54-12  both a winery permit and a wine bottler's permit may execute a
  54-13  single bond in an amount determined by the commission instead of
  54-14  multiple bonds to secure the performance of different activities by
  54-15  the holder.
  54-16        SECTION 68.  Sections 206.01(a) and (b), Alcoholic Beverage
  54-17  Code, are amended to read as follows:
  54-18        (a)  A permittee who distills, rectifies, manufactures, or
  54-19  receives any liquor shall make and keep a record of each day's
  54-20  production or receipt of liquor and the amount of tax stamps
  54-21  purchased by the permittee.  A permittee other than a retailer
  54-22  shall make and keep a record of each sale of liquor and to whom the
  54-23  sale is made.  Each transaction shall be entered on the day it
  54-24  occurs.  Permittees shall make and keep any other records required
  54-25  by the commission.  All required records shall be kept available
  54-26  for inspection by the commission or its authorized representatives
  54-27  for at least four <two> years.
   55-1        (b)  No person may fail or refuse to make and retain for at
   55-2  least four <two> years any record required by this section.
   55-3        SECTION 69.  Chapter 206, Alcoholic Beverage Code, is amended
   55-4  by adding Sections 206.08 and 206.09 to read as follows:
   55-5        Sec. 206.08.  COORDINATION OF AUDITS.  (a)  Before the agency
   55-6  responsible for collecting a tax makes a demand to a licensee or
   55-7  permittee for any taxes due, as established by an audit, the agency
   55-8  shall:
   55-9              (1)  hold an informal conference with the licensee or
  55-10  permittee to discuss the audit and the rights of the permittee or
  55-11  licensee to both an informal and formal appeal of the taxes due;
  55-12              (2)  review the audit in the agency headquarters with
  55-13  the office of quality control to ensure that the uniform
  55-14  application of audit standards has been applied in all aspects to
  55-15  the audit; and
  55-16              (3)  send a certified letter stating the amount of
  55-17  taxes owed by the licensee or permittee, the amount of the
  55-18  delinquency, and the proper procedure to appeal the decision.
  55-19        (b)  On issuance or renewal of a mixed beverage permit or a
  55-20  private club registration permit, the agency responsible for
  55-21  collecting a tax shall provide in writing to the permittee
  55-22  information on the permittee's rights to appeal an audit, the
  55-23  address of the auditing agency's office of quality control, and a
  55-24  telephone number of the entity where a permittee may direct
  55-25  questions regarding tax matters or audits.
  55-26        (c)  The agency responsible for collecting a tax shall
  55-27  annually update and review all audit manuals to ensure compliance
   56-1  with national audit standards and impartiality and provide audit
   56-2  training to auditors responsible for auditing tax accounts.  The
   56-3  agency may expend funds necessary to ensure adequate training of
   56-4  agency auditors or trainers to provide the standardization of
   56-5  audits throughout the state.
   56-6        Sec. 206.09.  CONTESTS OF TAXABLE AMOUNTS OWED.  (a)  A
   56-7  licensee or permittee contesting the amount of taxes owed, after
   56-8  receiving a demand for payment of taxes due from the agency
   56-9  responsible for collecting a tax, is entitled to a hearing under
  56-10  the Administrative Procedure and Texas Register Act (Article
  56-11  6252-13a, Vernon's Texas Civil Statutes).
  56-12        (b)  An appeal from a final order issued by the agency
  56-13  responsible for collecting a tax owed must be filed in Travis
  56-14  County.
  56-15        SECTION 70.  Section 13.09, State Purchasing and General
  56-16  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  56-17  amended to read as follows:
  56-18        Sec. 13.09.  Application.  The state agencies subject to this
  56-19  article are:
  56-20              (1)  the Texas Department of Mental Health and Mental
  56-21  Retardation;
  56-22              (2)  the Texas Department of Human Services;
  56-23              (3)  the Texas Department of Criminal Justice;
  56-24              (4)  the Department of Agriculture;
  56-25              (5)  the Central Education Agency;
  56-26              (6)  the Texas Higher Education Coordinating Board;
  56-27              (7)  the State Department of Highways and Public
   57-1  Transportation;
   57-2              (8)  the Texas Alcoholic Beverage Commission; and
   57-3              (9) <(8)>  the commission.
   57-4        SECTION 71.  Subtitle G, Title 2, Tax Code, is amended by
   57-5  adding Chapter 183 to read as follows:
   57-6                   CHAPTER 183.  MIXED BEVERAGE TAX
   57-7                   SUBCHAPTER A.  GENERAL PROVISIONS
   57-8        Sec. 183.001.  DEFINITIONS.  (a)  The definitions in Section
   57-9  1.04, Alcoholic Beverage Code, apply to this chapter.
  57-10        (b)  In this chapter:
  57-11              (1)  "Permittee" means a mixed beverage permittee or a
  57-12  private club registration permittee.
  57-13              (2)  "Business day" means the period beginning at
  57-14  3 a.m. one day and ending at 3 a.m. the next day.
  57-15        Sec. 183.002.  APPLICATION OF CONFIDENTIALITY PROVISION.
  57-16  Section 111.006 does not apply to this chapter.
  57-17                   SUBCHAPTER B.  MIXED BEVERAGE TAX
  57-18        Sec. 183.021.  TAX IMPOSED ON MIXED BEVERAGES.  A tax at the
  57-19  rate of 14 percent is imposed on the gross receipts of a permittee
  57-20  received from the sale, preparation, or service of mixed beverages
  57-21  or from the sale, preparation, or service of ice or nonalcoholic
  57-22  beverages that are sold, prepared, or served for the purpose of
  57-23  being mixed with an alcoholic beverage and consumed on the premises
  57-24  of the permittee.
  57-25        Sec. 183.022.  TAX RETURN DUE DATE.  (a)  A permittee shall
  57-26  file a sworn tax return with the comptroller not later than the
  57-27  20th day of each month.
   58-1        (b)  The return under this section shall be in a form
   58-2  prescribed by the comptroller and shall include a statement of the
   58-3  total gross taxable receipts during the preceding month and any
   58-4  other information required by the comptroller.
   58-5        (c)  A tax due for a business day that falls in two different
   58-6  months is allocated to the month in which the business day begins.
   58-7        Sec. 183.023.  PAYMENT.  The tax due for the preceding month
   58-8  shall accompany the return and shall be payable to the state.  The
   58-9  comptroller shall deposit the revenue in the mixed beverage tax
  58-10  clearance fund.
  58-11             SUBCHAPTER C.  MIXED BEVERAGE CLEARANCE FUND
  58-12        Sec. 183.051.  MIXED BEVERAGE TAX CLEARANCE FUND.  (a)  Not
  58-13  later than the last day of the month following a calendar quarter,
  58-14  the comptroller shall calculate the total amount of taxes received
  58-15  during the quarter from permittees outside an incorporated
  58-16  municipality within each county and the total amount received from
  58-17  permittees within each incorporated municipality in each county.
  58-18        (b)  The comptroller shall issue to each county a warrant
  58-19  drawn on the mixed beverage tax clearance fund in the amount of
  58-20  10.7143 percent of receipts from permittees within the county
  58-21  during the quarter and shall issue to each incorporated
  58-22  municipality a warrant drawn on that fund in the amount of 10.7143
  58-23  percent of receipts from permittees within the incorporated
  58-24  municipality during the quarter.  The remainder of the receipts for
  58-25  the quarter and all interest earned on that fund shall be
  58-26  transferred to the general revenue fund.
  58-27        Sec. 183.052.  CONFLICT OF RULES.  If a rule or policy
   59-1  adopted by the commission conflicts with a rule adopted by the
   59-2  comptroller for the application, enforcement, or collection of the
   59-3  tax imposed by this chapter, the comptroller's rule prevails.  A
   59-4  conflicting rule or policy adopted by the commission is invalid to
   59-5  the extent of the inconsistency.  If the comptroller determines
   59-6  that a rule or policy adopted by the commission conflicts with one
   59-7  adopted by the comptroller relating to the application,
   59-8  enforcement, or collection of the tax imposed by this chapter, the
   59-9  comptroller shall notify the commission in writing of the
  59-10  determination.  After receipt of the notification, the commission
  59-11  must amend or repeal the conflicting rule or policy not later than
  59-12  the 90th day after the date of notification.
  59-13        Sec. 183.053.  SECURITY REQUIREMENT.  (a)  A permittee
  59-14  subject to the tax imposed by this chapter must comply with the
  59-15  security requirements imposed by Chapter 151 except that a
  59-16  permittee is not required to comply with Section 151.253(b).
  59-17        (b)  The total of bonds, certificates of deposit, letters of
  59-18  credit, or other security determined to be sufficient by the
  59-19  comptroller of a permittee subject to the tax imposed by this
  59-20  chapter shall be in an amount that the comptroller determines to be
  59-21  sufficient to protect the fiscal interests of the state.  The
  59-22  comptroller may not set the amount of security at less than $1,000
  59-23  or more than $25,000.
  59-24        SECTION 72.  (a)  The Texas Alcoholic Beverage Commission
  59-25  shall adopt rules relating to the relaxation of restrictions as to
  59-26  charitable events as required by Section 60 of this Act on or
  59-27  before September 1, 1994.
   60-1        (b)  The employees, records, and equipment of the
   60-2  administrative law division of the Texas Alcoholic Beverage
   60-3  Commission are transferred to the State Office of Administrative
   60-4  Hearings on the effective date of this Act.
   60-5        (c)  On the effective date of this Act, a contested case
   60-6  pending before the administrative law division of the Texas
   60-7  Alcoholic Beverage Commission is transferred to the State Office of
   60-8  Administrative Hearings.  A proceeding transferred under this
   60-9  subsection is treated as if the actions taken in the proceeding had
  60-10  been taken by the State Office of Administrative Hearings.
  60-11        (d)  The Texas Alcoholic Beverage Commission's responsibility
  60-12  to conduct a review under the competitive cost review program,
  60-13  Article 13, State Purchasing and General Services Act (Article
  60-14  601b, Vernon's Texas Civil Statutes), and its subsequent
  60-15  amendments, is limited to one definable activity before the second
  60-16  anniversary of the effective date of this Act.
  60-17        (e)  The change in law made by this Act relating to a penalty
  60-18  that may be imposed or to the suspension or cancellation of a
  60-19  license or permit by the Texas Alcoholic Beverage Commission
  60-20  applies only to a violation of a law regulated by the commission or
  60-21  of a rule or order of the commission that occurs on or after the
  60-22  effective date of this Act.  A violation that occurs before the
  60-23  effective date is governed by the law in effect on the date it
  60-24  occurred, and the former law is continued in effect for that
  60-25  purpose.
  60-26        SECTION 73.  Before November 15, 1993, the governor shall
  60-27  appoint three additional members of the Alcoholic Beverage
   61-1  Commission.  The governor shall designate one member to serve a
   61-2  term expiring November 15, 1995, one to serve a term expiring
   61-3  November 15, 1997, and one to serve a term expiring November 15,
   61-4  1999.  Until all members appointed under this section have taken
   61-5  office, a quorum of the Alcoholic Beverage Commission is a majority
   61-6  of the number of members who are qualified.
   61-7        SECTION 74.  Section 11.015, Alcoholic Beverage Code, as
   61-8  added by this Act, applies only to a hearing held on or after
   61-9  September 1, 1993.  A hearing held before September 1, 1993, is
  61-10  governed by the law in effect when the hearing was held, and that
  61-11  law is continued in effect for that purpose.
  61-12        SECTION 75.  (a)  To prepare for the transfer of the
  61-13  administration of the mixed beverage tax from the Texas Alcoholic
  61-14  Beverage Commission to the comptroller on the effective date of
  61-15  this Act, the comptroller and the commission may enter into
  61-16  agreements they consider advisable to the use or transfer of funds,
  61-17  appropriations, personnel, furniture, equipment, office space, or
  61-18  other items or services.
  61-19        (b)  On the effective date of this Act, all necessary
  61-20  employees, records, and property of the commission relating to the
  61-21  mixed beverage tax shall be transferred to the comptroller.  Before
  61-22  that date, the commission may transfer any records, employees or
  61-23  property of the commission to the comptroller in preparation for
  61-24  the transfer of the mixed beverage tax to the comptroller.
  61-25        (c)  The change in the law made by this Act does not affect
  61-26  the validity of any action or proceeding initiated before the
  61-27  effective date of this Act.
   62-1        SECTION 76.  Sections 5.10(f), 11.491, 12.02, 13.02, 14.02,
   62-2  16.02, 18.02, 19.02, 20.02, 21.02, 22.02, 23.02, 24.02, 25.02,
   62-3  25.07, 26.02, 27.02, 28.02, 29.02, 30.02, 31.02, 32.02, 33.02,
   62-4  33.22, 34.02, 35.02, 36.02, 37.02, 38.04, 39.04, 40.02, 41.02,
   62-5  42.02, 43.02, 44.02, 45.02, 46.02, 47.02, 48.02, 49.02, 50.02,
   62-6  51.05, 62.02, 64.02, 65.02, 66.02, 67.02, 68.02, 69.02, 69.07,
   62-7  70.02, 71.02, 72.02, 73.02, 204.02(d) and (e), 204.03(b), 205.02(c)
   62-8  and (d), 205.03, and Chapter 202, Alcoholic Beverage Code, are
   62-9  repealed.
  62-10        SECTION 77.  This Act takes effect September 1, 1993.
  62-11        SECTION 78.  The importance of this legislation and the
  62-12  crowded condition of the calendars in both houses create an
  62-13  emergency and an imperative public necessity that the
  62-14  constitutional rule requiring bills to be read on three several
  62-15  days in each house be suspended, and this rule is hereby suspended.
  62-16                       COMMITTEE AMENDMENT NO. 2
  62-17        Amend C.S.H.B. 1445 as follows:
  62-18        (1)  On page 10, line 6, strike "EVIDENCE" and substitute
  62-19  "EVIDENCE; RECORD.  (a)".
  62-20        (2)  On page 10, line 19, after the period insert:
  62-21        (b)  The record of any hearing authorized by this code must
  62-22  include all records of investigations conducted by the commission's
  62-23  inspectors.
  62-24  73R5878 MWV-D                                    D. Smith of Harris