1-1 By: Wilson (Senate Sponsor - Carriker) H.B. No. 1445
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 11, 1993, read first time and referred to Committee on State
1-4 Affairs; May 21, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 13, Nays 0; May 21, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Harris of Dallas x
1-10 Rosson x
1-11 Carriker x
1-12 Henderson x
1-13 Leedom x
1-14 Lucio x
1-15 Luna x
1-16 Nelson x
1-17 Patterson x
1-18 Shelley x
1-19 Sibley x
1-20 West x
1-21 Whitmire x
1-22 COMMITTEE SUBSTITUTE FOR H.B. No. 1445 By: Carriker
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the continuation of the Texas Alcoholic Beverage
1-26 Commission and to the regulation of alcoholic beverages; providing
1-27 penalties.
1-28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-29 SECTION 1. Section 1.04, Alcoholic Beverage Code, is amended
1-30 by amending Subdivisions (3) and (7) and adding Subdivision (24) to
1-31 read as follows:
1-32 (3) "Distilled spirits" means alcohol, spirits of
1-33 wine, whiskey, rum, brandy, gin, or any liquor produced in whole or
1-34 in part by the process of distillation, including all dilutions or
1-35 mixtures of them, and includes spirit coolers that may have an
1-36 alcoholic content as low as four percent alcohol by volume and that
1-37 contain plain, sparkling, or carbonated water and may also contain
1-38 one or more natural or artificial blending or flavoring
1-39 ingredients.
1-40 (7) "Wine and vinous liquor" means the product
1-41 obtained from the alcoholic fermentation of juice of sound ripe
1-42 grapes, fruits, berries, or honey, and includes wine coolers.
1-43 (24) "Wine cooler" means an alcoholic beverage
1-44 consisting of vinous liquor plus plain, sparkling, or carbonated
1-45 water and which may also contain one or more natural or artificial
1-46 blending or flavoring ingredients. A wine cooler may have an
1-47 alcohol content as low as one-half of one percent by volume.
1-48 SECTION 2. Chapter 1, Alcoholic Beverage Code, is amended by
1-49 adding Section 1.08 to read as follows:
1-50 Sec. 1.08. CRIMINAL NEGLIGENCE STANDARD FOR ADMINISTRATIVE
1-51 ACTION. For the purposes of administrative actions under this
1-52 code, a person acts with criminal negligence if the person acts
1-53 with a mental state that would constitute criminal negligence under
1-54 Chapter 6, Penal Code, if the act were an offense.
1-55 SECTION 3. Section 2.02, Alcoholic Beverage Code, is amended
1-56 by adding Subsection (c) to read as follows:
1-57 (c) An individual who voluntarily becomes intoxicated may
1-58 not maintain a statutory cause of action under this chapter for
1-59 damages caused by the individual to himself or others against a
1-60 provider, seller, or server of an alcoholic beverage to the
1-61 individual. This subsection does not affect a revocation
1-62 proceeding under Section 6.01(b) of this code.
1-63 SECTION 4. Section 5.01(b), Alcoholic Beverage Code, is
1-64 amended to read as follows:
1-65 (b) The Texas Alcoholic Beverage Commission is subject to
1-66 Chapter 325, Government Code (Texas Sunset Act). Unless continued
1-67 in existence as provided by that chapter, the commission is
1-68 abolished and Subchapter A, Chapter 5, of this code expires
2-1 September 1, 2005 <1993>.
2-2 SECTION 5. Section 5.05, Alcoholic Beverage Code, is amended
2-3 by amending Subsection (c) and by adding Subsections (d), (e), and
2-4 (f) to read as follows:
2-5 (c) A person may not serve as a member of the commission or
2-6 act as the general counsel to the commission if the person <who> is
2-7 required to register as a lobbyist under Chapter 305, Government
2-8 Code, because <by virtue> of the person's activities for
2-9 compensation <in or> on behalf of a profession related to the
2-10 operation of the commission <may not serve as a member of the
2-11 commission or act as the general counsel to the commission>.
2-12 (d) An officer, employee, or paid consultant of a Texas
2-13 trade association in the field of alcoholic beverage manufacture,
2-14 distribution, service, or sales may not be a member or employee of
2-15 the commission.
2-16 (e) A person who is the spouse of an officer, manager, or
2-17 paid consultant of a Texas trade association in the field of
2-18 alcoholic beverage manufacture, distribution, or sales may not be a
2-19 member or employee of the commission.
2-20 (f) For the purposes of this section, a Texas trade
2-21 association is a nonprofit, cooperative, and voluntarily joined
2-22 association of businesses or persons designed to assist its members
2-23 and its industry or profession in dealing with mutual business or
2-24 professional problems and in promoting their common interest.
2-25 SECTION 6. Sections 5.10(b), (c), and (d), Alcoholic
2-26 Beverage Code, are amended to read as follows:
2-27 (b) The <commission or> administrator or the administrator's
2-28 designee shall <determine the duties of all employees and shall>
2-29 develop an intra-agency career ladder program. The program<, one
2-30 part of which> shall require the intra-agency posting of all
2-31 nonentry level positions concurrently with any public posting. The
2-32 <commission or> administrator<,> or the administrator's designee
2-33 <of either,> shall develop a system of annual performance
2-34 evaluations <based on measurable job tasks>. All merit pay for
2-35 commission employees must be based on the system established under
2-36 this subsection. The employees shall be compensated as provided by
2-37 legislative appropriation. The commission or administrator shall
2-38 determine the duties of all employees of the commission.
2-39 (c) The <commission or> administrator<,> or the
2-40 administrator's designee <of either,> shall prepare and maintain a
2-41 written policy statement to assure implementation of a program of
2-42 equal employment opportunity under which <whereby> all personnel
2-43 transactions are made without regard to race, color, disability
2-44 <handicap>, sex, religion, age, or national origin. The policy
2-45 statement must include:
2-46 (1) personnel policies, including policies relating to
2-47 recruitment, evaluation, selection, appointment, training, and
2-48 promotion of personnel that are in compliance with the Commission
2-49 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes);
2-50 (2) a comprehensive <complete> analysis of the
2-51 commission <agency's> work force that meets federal and state
2-52 guidelines;
2-53 (3) procedures by which a determination can be made of
2-54 significant underuse <underutilization,> in the commission <agency>
2-55 work force<,> of all persons for whom <of which> federal or state
2-56 guidelines encourage a more equitable balance; and
2-57 (4) reasonable methods to appropriately address those
2-58 areas of significant underuse <underutilization, in the agency work
2-59 force, of all persons of which federal or state guidelines
2-60 encourage a more equitable balance>.
2-61 (d) A <The> policy statement prepared under Subsection (c)
2-62 of this section must <shall be filed with the governor's office
2-63 within 60 days of the effective date of the amendment of this
2-64 section by the 69th Legislature, Regular Session, 1985,> cover an
2-65 annual period, <and> be updated <at least> annually and reviewed by
2-66 the Commission on Human Rights for compliance with Subsection
2-67 (c)(1) of this section, and be filed with the governor's office.
2-68 The governor's office shall deliver <develop and make> a biennial
2-69 report to the legislature based on the information submitted under
2-70 this subsection. The report may be made separately or as a part of
3-1 other biennial reports made to the legislature.
3-2 SECTION 7. Subchapter A, Chapter 5, Alcoholic Beverage Code,
3-3 is amended by adding Sections 5.101, 5.102, and 5.103 to read as
3-4 follows:
3-5 Sec. 5.101. HUMAN RESOURCES DIVISION. (a) A human
3-6 resources division is established within the commission.
3-7 (b) The division is responsible for personnel, recruiting,
3-8 hiring, and other human resource functions and shall provide
3-9 recruiting and technical assistance to the divisions and regional
3-10 offices of the commission.
3-11 (c) The division shall develop policies and procedures
3-12 related to recruitment, hiring, and other human resource functions
3-13 that are in compliance with state and federal law.
3-14 Sec. 5.102. RECRUITMENT. For the purpose of providing
3-15 adequate personnel for all job positions in the commission, the
3-16 commission shall:
3-17 (1) open all positions compensated at or above the
3-18 amount prescribed by the General Appropriations Act for step 1,
3-19 salary group 21, of the position classification salary schedule to
3-20 applicants both from within and outside the commission;
3-21 (2) develop a recruiting program that identifies
3-22 underrepresentation with the commission and focuses on recruiting
3-23 different ethnic, racial, or gender groups for job categories in
3-24 which underrepresentation occurs; and
3-25 (3) require that all applicants be reviewed by the
3-26 human resources division to ensure consideration of
3-27 underrepresented ethnic, racial, or gender groups.
3-28 Sec. 5.103. ANNUAL REPORT. The administrator shall report
3-29 not later than February 1 of each year to the commission on the
3-30 progress of the commission in the recruitment and hiring of
3-31 personnel in compliance with the commission's recruitment and
3-32 hiring policies.
3-33 SECTION 8. Subchapter A, Chapter 5, Alcoholic Beverage Code,
3-34 is amended by adding Section 5.20 to read as follows:
3-35 Sec. 5.20. STANDARDS OF CONDUCT INFORMATION. The commission
3-36 shall provide to its members and employees, as often as necessary,
3-37 information regarding their qualification for office or employment
3-38 under this code and their responsibilities under applicable laws
3-39 relating to standards of conduct for state officers or employees.
3-40 SECTION 9. Section 5.34, Alcoholic Beverage Code, is amended
3-41 to read as follows:
3-42 Sec. 5.34. Delegation of Authority. (a) The commission may
3-43 authorize its commissioned peace officers <agents>, servants, and
3-44 employees to carry out, under its direction, the provisions of this
3-45 code.
3-46 (b) The commission shall develop and implement policies that
3-47 clearly define the respective responsibilities of the commission
3-48 and the staff of the commission.
3-49 SECTION 10. Subchapter B, Chapter 5, Alcoholic Beverage
3-50 Code, is amended by adding Section 5.371 to read as follows:
3-51 Sec. 5.371. PROCEEDS FROM CONTRABAND. Property, money, and
3-52 the proceeds from forfeited contraband provided to the commission
3-53 by a federal agency or under state or federal law shall be
3-54 deposited in the commission's account in the state treasury and may
3-55 be appropriated only to the commission for law enforcement
3-56 purposes. Funds under this section that are not expended at the
3-57 close of a fiscal year shall be reappropriated for the same purpose
3-58 the following fiscal year.
3-59 SECTION 11. Section 5.43, Alcoholic Beverage Code, is
3-60 amended to read as follows:
3-61 Sec. 5.43. Who May Hold Hearing; Rules of Evidence. Except
3-62 for a hearing held under Section 61.32 of this code, a hearing on
3-63 the adoption of commission rules, or a hearing on an employment
3-64 matter, the <The> commission designates the State Office of
3-65 Administrative Hearings <or administrator may designate a member of
3-66 the commission or other representative> to conduct and make a
3-67 record of any hearing authorized by this code. The commission or
3-68 administrator may render a decision on the basis of the record or
3-69 the proposal for decision if one is required under the
3-70 Administrative Procedure and Texas Register Act (Article 6252-13a,
4-1 Vernon's Texas Civil Statutes) as if the administrator or entire
4-2 commission had conducted the hearing. The commission may prescribe
4-3 its rules of procedure for cases not heard by the State Office of
4-4 Administrative Hearings.
4-5 SECTION 12. Sections 5.50(b) and (d), Alcoholic Beverage
4-6 Code, are amended to read as follows:
4-7 (b) The commission may not increase or decrease a fee set by
4-8 this code, but if a statute is enacted creating a certificate,
4-9 permit, or license and there is no fee established, the commission
4-10 by rule may set a fee. The commission by rule shall assess and
4-11 collect annual surcharges from all holders of a certificate,
4-12 permit, or license issued by the commission in addition to any fee
4-13 set by this code. The surcharges shall be set at a level so that
4-14 the anticipated total of all fees collected by the commission for a
4-15 fiscal year and all surcharges for a fiscal year are equal to the
4-16 legislative appropriation to the commission for the regulation of
4-17 alcoholic beverages. In assessing a surcharge the commission may
4-18 not overly penalize any segment of the alcoholic beverage industry
4-19 or impose an undue hardship on small businesses.
4-20 (d) <A fee authorized by this section and set by rule of the
4-21 commission may not exceed $25.> Revenues and surcharges from fees
4-22 collected by the commission under this section shall be deposited
4-23 in the general revenue fund.
4-24 SECTION 13. Subchapter B, Chapter 5, Alcoholic Beverage
4-25 Code, is amended by adding Section 5.52 to read as follows:
4-26 Sec. 5.52. PROGRAM ACCESSIBILITY PLAN. The commission shall
4-27 prepare and maintain a written plan that describes how a person who
4-28 does not speak English or who has a physical, mental, or
4-29 developmental disability may be provided reasonable access to the
4-30 commission's programs.
4-31 SECTION 14. Subchapter B, Chapter 5, Alcoholic Beverage
4-32 Code, is amended by adding Section 5.53 to read as follows:
4-33 Sec. 5.53. PUBLIC INTEREST INFORMATION. (a) The commission
4-34 shall prepare information of public interest describing the
4-35 functions of the commission and the commission's procedures by
4-36 which complaints are filed with and resolved by the commission.
4-37 The commission shall make the information available to the public
4-38 and appropriate state agencies.
4-39 (b) The commission by rule shall establish methods by which
4-40 consumers and service recipients are notified of the name, mailing
4-41 address, and telephone number of the commission for the purpose of
4-42 directing a complaint to the commission. The commission may
4-43 require that the notification be provided on a sign prominently
4-44 displayed in the place of business of each individual or entity
4-45 regulated under this code.
4-46 SECTION 15. Subchapter B, Chapter 5, Alcoholic Beverage
4-47 Code, is amended by adding Section 5.54 to read as follows:
4-48 Sec. 5.54. RESOLUTION OF COMPLAINTS. (a) The commission
4-49 shall keep an information file about each complaint filed with the
4-50 commission that the commission has authority to resolve.
4-51 (b) If a written complaint is filed with the commission that
4-52 the commission has authority to resolve, the commission, at least
4-53 quarterly and until final disposition of the complaint, shall
4-54 notify the parties to the complaint of the status of the complaint
4-55 unless the notice would jeopardize an undercover investigation.
4-56 SECTION 16. Section 6.01(b), Alcoholic Beverage Code, is
4-57 amended to read as follows:
4-58 (b) A license or permit issued under this code is a purely
4-59 personal privilege and is subject to revocation or suspension if
4-60 the holder is found to have violated a provision of this code or a
4-61 rule of the commission.
4-62 SECTION 17. Chapter 6, Alcoholic Beverage Code, is amended
4-63 by adding Sections 6.03 and 6.04 to read as follows:
4-64 Sec. 6.03. CITIZENSHIP REQUIREMENTS. (a) It is the public
4-65 policy of this state and a purpose of this section to require that,
4-66 except as provided in Subsection (k) of this section or otherwise
4-67 in this code, a permit or license may not be issued to a person who
4-68 was not a citizen of this state for a one-year period preceding the
4-69 date of the filing of the person's application for a license or
4-70 permit. In that regard, the legislature makes the findings in
5-1 Subsections (b) through (j) of this section.
5-2 (b) Between 1920 and 1933, the distribution and consumption
5-3 of alcoholic beverages was prohibited in the United States. While
5-4 the idealistic motives behind Prohibition were noble, a law
5-5 enforcement nightmare ensued. Otherwise law-abiding citizens
5-6 routinely violated the law by buying and consuming alcoholic
5-7 beverages. The demand for the illegal products created an
5-8 opportunity for criminal elements to develop a national network for
5-9 the supply and distribution of alcoholic beverages to the populace.
5-10 Massive criminal empires were built on illicit profits from these
5-11 unlawful activities and organized crime openly flourished in
5-12 Chicago, New York, New Orleans, and other cities.
5-13 (c) During Prohibition, the illegal enterprises used their
5-14 national wholesale distribution networks to exert control over
5-15 their customers. A common operating procedure was to sell
5-16 alcoholic beverages to a speakeasy on liberal terms to ensnarl the
5-17 owner in a web of debt and control with the aim of forcing the
5-18 owner to engage in other illegal business enterprises on the
5-19 premises including gambling, prostitution, and the distribution of
5-20 illegal drugs.
5-21 (d) In 1935, when the sale of alcoholic beverages was
5-22 legalized in this state following the adoption of the Twenty-first
5-23 Amendment to the United States Constitution, the state was faced
5-24 with building an entire framework for the distribution of alcoholic
5-25 beverage products. An important concern was that since criminals
5-26 owned and controlled the existing illegal alcoholic beverage
5-27 distribution system, criminals would attempt to own and control the
5-28 newly legalized industry. In an effort to prevent this situation,
5-29 comprehensive laws were adopted to ensure that an alcoholic
5-30 beverage permit or license could be issued only to citizens of the
5-31 state who had lived in this state for at least three years, thus,
5-32 long enough to be known by their community and neighbors.
5-33 (e) Under the newly designed regulatory scheme, permits and
5-34 licenses issued by the state did not grant the holder a right.
5-35 Rather, the holder was granted a privilege that could be challenged
5-36 at both the county and the state level if the character or
5-37 qualifications of the applicant were suspect. Finally, strict cash
5-38 and credit laws were adopted to prevent parties in the wholesale
5-39 distribution system from controlling their retail customers through
5-40 the leveraging of debt to accomplish other illicit gain.
5-41 (f) The alcoholic beverage laws adopted by the legislature
5-42 in the 1930s to free the industry from the influence of organized
5-43 crime have been successful in this state. The alcoholic beverage
5-44 industry in this state is not dominated by organized crime.
5-45 However, the legislature does find that organized crime continues
5-46 to be a threat that should never be allowed to establish itself in
5-47 the alcoholic beverage industry in this state.
5-48 (g) To accommodate the interests of the consuming public,
5-49 the expansion of popular nationwide businesses, and the increasing
5-50 state interest in tourism, and at the same time to guard against
5-51 the threats of organized crime, unfair competition, and decreased
5-52 opportunities for small businesses, the legislature finds that
5-53 there is no longer need for the three-year residency requirements
5-54 with regard to those segments of the industry that sell alcoholic
5-55 beverages to the ultimate consumer only. The legislature finds
5-56 that it is desirable to retain a one-year residency requirement for
5-57 businesses that sell to the consumer packaged liquor and fortified
5-58 wine capable of being used to supply legal or illegal bars and
5-59 clubs. The legislature also finds it reasonable, desirable, and in
5-60 the best interests of the state to provide a one-year residency
5-61 requirement for businesses engaged in the wholesale distribution of
5-62 beer, malt liquor, or wine or in the manufacture and distribution
5-63 of distilled spirits and fortified wines at both the wholesale and
5-64 the retail levels where those beverages, in unopened containers,
5-65 are sold to mixed beverage permittees and private club registration
5-66 permittees as well as to the general public. Adequate protection
5-67 is deemed to be provided by controlling those sources of supply for
5-68 distilled spirits and fortified wines.
5-69 (h) It is also the public policy of this state and a purpose
5-70 of this section to enforce strict cash and credit laws as a means
6-1 of preventing those engaged in the distribution of alcoholic
6-2 beverages from exerting undue influence over any level of the
6-3 industry selling or serving alcoholic beverages to the ultimate
6-4 consumer.
6-5 (i) It is also the public policy of this state and a purpose
6-6 of this section to maintain and enforce the three-tier system
6-7 (strict separation between the manufacturing, wholesaling, and
6-8 retailing levels of the industry) and thereby to prevent the
6-9 creation or maintenance of a "tied house" as described and
6-10 prohibited in Section 102.01 of this code.
6-11 (j) The above-stated public policies, purposes of this
6-12 section, and legislative findings are provided as guidelines for
6-13 the construction of the following subsections of this section.
6-14 (k) A requirement under this code that 51 percent or more of
6-15 the stock of a corporation be owned by a person or persons who were
6-16 citizens of this state for a one-year period preceding the date of
6-17 the filing of an application for a license or permit does not apply
6-18 to a corporation organized under the laws of this state that
6-19 applies for a license or permit under Chapters 25-34, Chapter 44,
6-20 Chapters 48-51, Chapters 69-72, or Chapter 74 of this code if:
6-21 (1) all of the officers and a majority of directors of
6-22 the applicant corporation have resided within the state for a
6-23 one-year period preceding the date of the application and each
6-24 officer or director possesses the qualifications required of other
6-25 applicants for permits and licenses;
6-26 (2) the applicant corporation and the applicant's
6-27 shareholders have no direct or indirect ownership or other
6-28 prohibited relationship with others engaged in the alcoholic
6-29 beverage industry at different levels as provided by Chapter 102 of
6-30 this code and other provisions of this code;
6-31 (3) the applicant corporation is not precluded by law,
6-32 rule, charter, or corporate bylaw from disclosing the applicant's
6-33 shareholders to the commission; and
6-34 (4) the applicant corporation maintains its books and
6-35 records relating to its alcoholic beverage operations in the state
6-36 at its registered office or at a location in the state approved in
6-37 writing by the commission.
6-38 (l) Corporations subject to Subsection (k) of this section
6-39 that have substantially similar ownership may merge or consolidate.
6-40 A fee of $100 shall be paid to the commission for each licensed or
6-41 permitted premises that is merged or consolidated into the
6-42 surviving corporation. The surviving corporation succeeds to all
6-43 privileges of the prior corporation that held the permits or
6-44 licenses if the surviving corporation is qualified to hold the
6-45 permits or licenses under this code. For the purposes of this
6-46 subsection, corporations have substantially similar ownership if 90
6-47 percent or more of the corporations is owned by the same person or
6-48 persons or by the same corporation or corporations or if the
6-49 surviving corporation has maintained an ownership interest in the
6-50 merged or consolidated corporations since the date the original
6-51 permit or license was issued.
6-52 Sec. 6.04. GRACE PERIOD ON RENEWAL OF LICENSES AND PERMITS.
6-53 (a) Notwithstanding any other provision of this code, the holder
6-54 of a license or permit issued under this code may renew the license
6-55 or permit rather than reapply for an original license or permit if,
6-56 not later than the 10th day after the date of the expiration of the
6-57 license or permit, the holder files a renewal application with the
6-58 commission and pays a renewal fee of $100 and the license or permit
6-59 fee that is due.
6-60 (b) If an application is filed under Subsection (a) of this
6-61 section, a violation of the law that occurs before the filing of a
6-62 renewal application may be the basis for an administrative action
6-63 against the holder of the license or permit.
6-64 (c) The commission shall adopt rules necessary to implement
6-65 this section.
6-66 SECTION 18. Chapter 6, Alcoholic Beverage Code, is amended
6-67 by adding Section 6.05 to read as follows:
6-68 Sec. 6.05. CORPORATE LIABILITY. A corporation with an
6-69 ownership interest in a corporation holding a permit under Section
6-70 6.03(k) of this code and which shares space, employees, business
7-1 facilities, or services is subject to liability under Chapter 2 of
7-2 this code.
7-3 SECTION 19. Subchapter A, Chapter 11, Alcoholic Beverage
7-4 Code, is amended by adding Section 11.015 to read as follows:
7-5 Sec. 11.015. HEARING LOCATION. Notwithstanding any other
7-6 provision of this code, except for a hearing required to be
7-7 conducted by a county judge, a hearing related to the issuance,
7-8 renewal, cancellation, or suspension of a permit under this
7-9 subtitle may be conducted only in the county in which the premises
7-10 is located.
7-11 SECTION 20. Subchapter A, Chapter 11, Alcoholic Beverage
7-12 Code, is amended by adding Section 11.11 to read as follows:
7-13 Sec. 11.11. CONDUCT SURETY BOND. (a) Except as provided in
7-14 Subsection (e) of this section, an applicant for a permit or a
7-15 holder of a permit issued under Chapter 25, 28, or 32 of this code
7-16 shall file with the commission a surety bond in the amount of
7-17 $5,000 conditioned on the applicant's or holder's conformance with
7-18 alcoholic beverage law.
7-19 (b) A surety bond required under this section shall contain
7-20 the following statements on the face of the bond:
7-21 (1) that the holder of the permit will not violate a
7-22 law of the state relating to alcoholic beverages or a rule of the
7-23 commission; and
7-24 (2) that the holder of the permit agrees that the
7-25 amount of the bond shall be paid to the state if the permit is
7-26 revoked.
7-27 (c) The commission shall adopt rules relating to the:
7-28 (1) form of the surety bond;
7-29 (2) qualifications for a surety;
7-30 (3) method for filing and obtaining approval of the
7-31 bond by the commission; and
7-32 (4) release or discharge of the bond.
7-33 (d) A holder of a permit required to file a surety bond may
7-34 furnish instead of all or part of the required bond amount:
7-35 (1) one or more certificates of deposit assigned to
7-36 the state issued by a federally insured bank or savings institution
7-37 authorized to do business in this state; or
7-38 (2) one or more letters of credit issued by a
7-39 federally insured bank or savings institution authorized to do
7-40 business in this state.
7-41 (e) A holder of a permit issued under this code who has held
7-42 a permit for three years or more before the date the holder applied
7-43 for renewal of the permit is not required to furnish a surety bond
7-44 if the holder:
7-45 (1) has not had a license or permit issued under this
7-46 code revoked in the five years before the date the holder applied
7-47 for renewal of the permit;
7-48 (2) is not the subject of a pending permit or license
7-49 revocation proceeding; and
7-50 (3) has continuously operated on the permitted
7-51 premises for three years or more before the date the holder applied
7-52 for renewal of the permit.
7-53 (f) If a holder of a permit is exempt from furnishing a
7-54 conduct surety bond under Subsection (e) of this section, the
7-55 holder shall be exempt from furnishing the bond at another location
7-56 where the holder applies for or holds a permit.
7-57 (g) This section applies only in a county having a
7-58 population of 2.4 million or more.
7-59 SECTION 21. Section 11.43, Alcoholic Beverage Code, is
7-60 amended to read as follows:
7-61 Sec. 11.43. Discretion to Grant or Refuse Permit. (a) The
7-62 commission and administrator have discretionary authority to grant
7-63 or refuse to issue an original or renewal permit under the
7-64 provisions of this subchapter or any other applicable provision of
7-65 this code.
7-66 (b) Notwithstanding any other provision of this code that
7-67 authorizes the commission or administrator to refuse to issue a
7-68 permit without a hearing, the commission or administrator shall
7-69 hold a hearing before granting or refusing to issue an original
7-70 mixed beverage permit, private club registration permit, wine and
8-1 beer retailer's permit, or retail dealer's on-premise license if a
8-2 sexually oriented business is to be operated on the premise to be
8-3 covered by the permit or license.
8-4 (c) A request for a hearing made under Subsection (b) of
8-5 this section must include an allegation of grounds on which the
8-6 original application should be denied.
8-7 SECTION 22. Sections 11.46(a) and (c), Alcoholic Beverage
8-8 Code, are amended to read as follows:
8-9 (a) The commission or administrator may refuse to issue an
8-10 original or renewal permit with or without a hearing if it has
8-11 reasonable grounds to believe and finds that any of the following
8-12 circumstances exists:
8-13 (1) the applicant has been convicted in a court of
8-14 competent jurisdiction of the violation of any provision of this
8-15 code during the two years immediately preceding the filing of his
8-16 application;
8-17 (2) three years have not elapsed since the
8-18 termination, by pardon or otherwise, of a sentence imposed on the
8-19 applicant for the conviction of a felony;
8-20 (3) within the six-month period immediately preceding
8-21 his application the applicant violated or caused to be violated a
8-22 provision of this code or a rule or regulation of the commission
8-23 which involves moral turpitude, as distinguished from a technical
8-24 violation of this code or of the rule;
8-25 (4) the applicant failed to answer or falsely or
8-26 incorrectly answered a question in an original or renewal
8-27 application;
8-28 (5) the applicant is indebted to the state for any
8-29 taxes, fees, or payment of penalty imposed by this code or by rule
8-30 of the commission;
8-31 (6) the applicant is not of good moral character or
8-32 his reputation for being a peaceable, law-abiding citizen in the
8-33 community where he resides is bad;
8-34 (7) the applicant is a minor;
8-35 (8) the place or manner in which the applicant may
8-36 conduct his business warrants the refusal of a permit based on the
8-37 general welfare, health, peace, morals, and safety of the people
8-38 and on the public sense of decency;
8-39 (9) the applicant is in the habit of using alcoholic
8-40 beverages to excess or is physically or mentally incapacitated;
8-41 (10) the applicant will sell liquor unlawfully in a
8-42 dry area or in a manner contrary to law or will knowingly permit an
8-43 agent, servant, or employee to do so;
8-44 (11) the applicant is not a United States citizen or
8-45 has not been a citizen of Texas for a period of one year <three
8-46 years> immediately preceding the filing of his application, unless
8-47 he was issued a permit or renewal permit on or before September 1,
8-48 1948, and has at some time been a United States citizen;
8-49 (12) the applicant does not provide <have> an adequate
8-50 building available at the address for which the permit is sought
8-51 before conducting any activity authorized by the permit;
8-52 (13) the applicant is residentially domiciled with a
8-53 person whose permit or license has been cancelled for cause within
8-54 the 12 months immediately preceding the date of his present
8-55 application;
8-56 (14) the applicant has failed or refused to furnish a
8-57 true copy of his application to the commission's district office in
8-58 the district in which the premises for which the permit is sought
8-59 are located; or
8-60 (15) during the six months immediately preceding the
8-61 filing of the application the premises for which the permit is
8-62 sought have been operated, used, or frequented for a purpose or in
8-63 a manner that is lewd, immoral, or offensive to public decency.
8-64 (c) The commission or administrator shall refuse to issue
8-65 for a period of one year after cancellation a mixed beverage permit
8-66 or private club registration permit for a premises where a license
8-67 or permit has <two or more licenses and permits have> been canceled
8-68 during the preceding 12 months as a result of a shooting, stabbing,
8-69 or other violent act, or as a result of an offense involving drugs.
8-70 SECTION 23. Subchapter B, Chapter 11, Alcoholic Beverage
9-1 Code, is amended by adding Section 11.495 to read as follows:
9-2 Sec. 11.495. CONFORMANCE OF PREMISES WITH THE AMERICANS WITH
9-3 DISABILITIES ACT. (a) A permittee or licensee shall certify that
9-4 any area to be designated as the premises where alcoholic beverages
9-5 may be sold or served has been reviewed for compliance with Title
9-6 III of the Americans with Disabilities Act of 1990.
9-7 (b) Any permittee or licensee designating a premise for
9-8 which this certification cannot be made shall be provided with
9-9 information on compliance with the Americans with Disabilities Act
9-10 by the commission. The commission shall utilize materials produced
9-11 by the United States Department of Justice, United States
9-12 Department of Justice grantees, grantees of other federal agencies
9-13 such as the National Institute on Disability and Rehabilitation
9-14 Research, any agency of the State of Texas, trade associations of
9-15 permittees or licensees, and other sources of a similar nature.
9-16 SECTION 24. Section 11.61, Alcoholic Beverage Code, is
9-17 amended by amending Subsection (b) and adding Subsection (e) to
9-18 read as follows:
9-19 (b) The commission or administrator may suspend for not more
9-20 than 60 days or cancel an original or renewal permit if it is
9-21 found, after notice and hearing, that any of the following is true:
9-22 (1) the permittee has been finally convicted of a
9-23 violation of this code;
9-24 (2) the permittee violated a provision of this code or
9-25 a rule of the commission;
9-26 (3) the permittee was finally convicted of a felony
9-27 while holding an original or renewal permit;
9-28 (4) the permittee made a false or misleading statement
9-29 in connection with his original or renewal application, either in
9-30 the formal application itself or in any other written instrument
9-31 relating to the application submitted to the commission, its
9-32 officers, or employees;
9-33 (5) the permittee is indebted to the state for taxes,
9-34 fees, or payment of penalties imposed by this code or by a rule of
9-35 the commission;
9-36 (6) the permittee is not of good moral character or
9-37 his reputation for being a peaceable and law-abiding citizen in the
9-38 community where he resides is bad;
9-39 (7) the place or manner in which the permittee
9-40 conducts his business warrants the cancellation or suspension of
9-41 the permit based on the general welfare, health, peace, morals, and
9-42 safety of the people and on the public sense of decency;
9-43 (8) the permittee is not maintaining an acceptable
9-44 bond;
9-45 (9) the permittee maintains a noisy, lewd, disorderly,
9-46 or unsanitary establishment or has supplied impure or otherwise
9-47 deleterious beverages;
9-48 (10) the permittee is insolvent or mentally or
9-49 physically unable to carry on the management of his establishment;
9-50 (11) the permittee is in the habit of using alcoholic
9-51 beverages to excess;
9-52 (12) the permittee knowingly misrepresented to a
9-53 customer or the public any liquor sold by him;
9-54 (13) the permittee was intoxicated on the licensed
9-55 premises;
9-56 (14) the permittee sold or delivered an alcoholic
9-57 beverage to an intoxicated person;
9-58 (15) the permittee possessed on the licensed premises
9-59 an alcoholic beverage that he was not authorized by his permit to
9-60 purchase and sell;
9-61 (16) a package store or wine only package store
9-62 permittee transported or shipped liquor, or caused it to be
9-63 transported or shipped, into a dry state or a dry area within this
9-64 state;
9-65 (17) the permittee is residentially domiciled with a
9-66 person who has a financial interest in an establishment engaged in
9-67 the business of selling beer at retail, other than a mixed beverage
9-68 establishment, except as authorized by Section 22.06, 24.05, or
9-69 102.05 of this code;
9-70 (18) the permittee is residentially domiciled with a
10-1 person whose permit or license was cancelled for cause within the
10-2 12-month period preceding his own application;
10-3 (19) the permittee is not a citizen of the United
10-4 States or has not been a citizen of Texas for a period of one year
10-5 <three years> immediately preceding the filing of his application,
10-6 unless he was issued an original or renewal permit on or before
10-7 September 1, 1948, and has been a United States citizen at some
10-8 time; or
10-9 (20) the permittee permitted a person to open a
10-10 container of alcoholic beverage or possess an open container of
10-11 alcoholic beverage on the licensed premises unless a mixed beverage
10-12 permit has been issued for the premises.
10-13 (e) The commission or administrator shall cancel an original
10-14 or renewal permit if it is found, after notice and hearing, that
10-15 the permittee knowingly allowed a person to possess a firearm in a
10-16 building on the licensed premises. This subsection does not apply
10-17 to a person:
10-18 (1) who holds a security officer commission issued by
10-19 the Texas Board of Private Investigators and Private Security
10-20 Agencies, if:
10-21 (A) the person is engaged in the performance of
10-22 the person's duties as a security officer;
10-23 (B) the person is wearing a distinctive uniform;
10-24 and
10-25 (C) the weapon is in plain view; or
10-26 (2) who is a peace officer.
10-27 SECTION 25. Section 11.64(a), Alcoholic Beverage Code, is
10-28 amended to read as follows:
10-29 (a) When the commission or administrator is authorized to
10-30 suspend a permit or license under this code, the commission or
10-31 administrator shall give the permittee or licensee the opportunity
10-32 to pay a civil penalty rather than have the permit or license
10-33 suspended. The commission or administrator shall determine the
10-34 amount of the penalty and in doing so shall consider the economic
10-35 impact a suspension would have on the permittee or licensee. The
10-36 amount of the civil penalty may not be less than $150 or more than
10-37 $25,000 for each day the permit or license was to have been
10-38 suspended. If the licensee or permittee does not pay the penalty
10-39 before the sixth day after the commission or administrator notifies
10-40 him of the amount, he loses the opportunity to pay it and the
10-41 commission or administrator shall impose the suspension.
10-42 SECTION 26. Chapter 12, Alcoholic Beverage Code, is amended
10-43 by adding Section 12.05 to read as follows:
10-44 Sec. 12.05. SALES BY CERTAIN BREWERS. The holder of a
10-45 brewer's permit whose annual production of ale in this state does
10-46 not exceed, together with the annual production of beer by the
10-47 holder of a manufacturer's license acting under the authority of
10-48 Section 62.12 of this code at the same premises, a total of 75,000
10-49 barrels, may sell ale produced under the permit to those persons to
10-50 whom the holder of a general class B wholesaler's permit may sell
10-51 malt liquor under Section 20.01(3) of this code. With regard to
10-52 such a sale, the brewer has the same authority and is subject to
10-53 the same requirements that apply to a sale made by the holder of a
10-54 general class B wholesaler's permit.
10-55 SECTION 27. Section 16.01, Alcoholic Beverage Code, is
10-56 amended to read as follows:
10-57 Sec. 16.01. Authorized Activities. (a) The holder of a
10-58 winery permit may:
10-59 (1) manufacture, bottle, label, and package wine
10-60 containing not more than 24 percent alcohol by volume;
10-61 (2) manufacture and import grape brandy for fortifying
10-62 purposes only and to be used only on his licensed premises;
10-63 (3) sell wine in this state to holders of wholesaler's
10-64 permits, winery permits, and wine bottler's permits;
10-65 (4) sell wine to ultimate consumers in unbroken
10-66 packages for off-premises consumption in an amount not to exceed
10-67 25,000 gallons annually;
10-68 (5) sell the wine outside this state to qualified
10-69 persons;
10-70 (6) blend wines; and
11-1 (7) dispense free wine for consumption on the winery
11-2 premises.
11-3 (b) The holder of a winery permit may manufacture and label
11-4 wine for an adult in an amount not to exceed 50 gallons annually
11-5 for the personal use of the adult. Any amount of wine produced
11-6 under this subsection is included in the annual total amount that
11-7 may be sold by the holder under Subsection (a)(4) of this section.
11-8 An adult for whom wine is manufactured and labeled under this
11-9 subsection is not required to hold a license or permit issued under
11-10 this code.
11-11 (c) The holder of a winery permit may conduct wine
11-12 samplings, including wine tastings at a retailer's premises. A
11-13 winery employee may open, touch, or pour wine, make a presentation,
11-14 or answer questions at a wine sampling. A wine sampling may not be
11-15 held in a location where a wine sampling is otherwise prohibited by
11-16 law.
11-17 (d) The holder of a winery permit may sell wine to ultimate
11-18 consumers for consumption on or off winery premises and dispense
11-19 free wine for consumption on or off the winery premises if the
11-20 winery is located in a city that:
11-21 (1) is located in three or more counties, at least one
11-22 of which has a population of 500,000 or more; and
11-23 (2) has within its boundaries all or part of an
11-24 international airport.
11-25 SECTION 28. Sections 22.10 and 22.11, Alcoholic Beverage
11-26 Code, are amended to read as follows:
11-27 Sec. 22.10. Opening Containers Prohibited. Except as
11-28 authorized under Section 52.01 of this code, no <No> person may
11-29 break or open a container containing liquor or beer or possess an
11-30 opened container of liquor or beer on the premises of a package
11-31 store.
11-32 Sec. 22.11. Consumption on Premises Prohibited. Except as
11-33 authorized under Section 52.01, no <No> person may sell, barter,
11-34 exchange, deliver, or give away any drink or drinks of alcoholic
11-35 beverages from a container that has been opened or broken on the
11-36 premises of a package store.
11-37 SECTION 29. Section 25.01, Alcoholic Beverage Code, is
11-38 amended to read as follows:
11-39 Sec. 25.01. Authorized Activities. The holder of a wine and
11-40 beer retailer's permit may sell:
11-41 (1) for consumption on or off the premises where sold,
11-42 but not for resale, wine, beer, and malt liquors containing alcohol
11-43 in excess of one-half of one percent by volume and not more than 14
11-44 percent by volume; and
11-45 (2) for consumption on the premises traditional port
11-46 or sherry containing alcohol in excess of one-half of one percent
11-47 by volume and not more than 24 percent by volume.
11-48 SECTION 30. The title of Chapter 27, Alcoholic Beverage
11-49 Code, is amended to read as follows:
11-50 CHAPTER 27. TEMPORARY AND SPECIAL WINE AND BEER
11-51 RETAILER'S PERMITS <PERMIT>
11-52 SECTION 31. Sections 27.01-27.06, Alcoholic Beverage Code,
11-53 are designated as Subchapter A, Chapter 27, of that code, as
11-54 follows:
11-55 SUBCHAPTER A. TEMPORARY WINE AND BEER RETAILER'S PERMIT
11-56 SECTION 32. Section 27.04, Alcoholic Beverage Code, is
11-57 amended to read as follows:
11-58 Sec. 27.04. REQUIRED BASIC PERMIT. A temporary wine and
11-59 beer retailer's permit may be issued only to a holder of a wine and
11-60 beer retailer's permit, a holder of a <or> mixed beverage permit,
11-61 or a nonprofit historic preservation organization that has been in
11-62 existence for at least 30 years.
11-63 SECTION 33. Chapter 27, Alcoholic Beverage Code, is amended
11-64 by adding Subchapter B to read as follows:
11-65 SUBCHAPTER B. SPECIAL THREE-DAY WINE AND BEER PERMIT
11-66 Sec. 27.11. AUTHORIZED ACTIVITIES. The holder of a special
11-67 three-day wine and beer permit may sell for consumption on the
11-68 premises for which the permit is issued, but not for resale, wine,
11-69 beer, and malt liquors containing alcohol in excess of one-half of
11-70 one percent by volume but not more than 14 percent by volume.
12-1 Sec. 27.12. FEE. The state fee for a special three-day wine
12-2 and beer permit is $30.
12-3 Sec. 27.13. ISSUANCE OF PERMIT. (a) The commission may
12-4 issue a special three-day wine and beer permit directly to a
12-5 nonprofit charitable, civic, or religious organization for the
12-6 temporary serving of wine and beer at a picnic, celebration, or
12-7 similar event sponsored by the organization.
12-8 (b) The commission by rule may limit the number of special
12-9 three-day wine and beer permits issued in each calendar year to a
12-10 single nonprofit charitable, civic, or religious organization for
12-11 events sponsored by that organization.
12-12 (c) If a special three-day wine and beer permit is issued
12-13 for a premises in an area in which the sale of beer for on-premise
12-14 consumption has been authorized by a local option election, but the
12-15 sale of wine for on-premise consumption has not been authorized,
12-16 then the permittee is only authorized to sell beer.
12-17 Sec. 27.14. APPLICATION OF WINE AND BEER RETAILER'S PERMIT
12-18 PROVISIONS. A provision of this code that applies to a wine and
12-19 beer retailer permit applies to a special three-day wine and beer
12-20 permit unless the provision conflicts with a provision of this
12-21 subchapter.
12-22 Sec. 27.15. RULES. The commission may adopt rules as
12-23 necessary to implement and administer this subchapter.
12-24 SECTION 34. Section 28.04(d), Alcoholic Beverage Code, is
12-25 amended to read as follows:
12-26 (d) This section does not apply to a change in corporate
12-27 control:
12-28 (1) brought about by the death of a shareholder if his
12-29 surviving spouse or descendants are his successors in interest; or
12-30 (2) brought about when legal or beneficial ownership
12-31 of over 50 percent of the stock of the corporation has been
12-32 transferred:
12-33 (A) to a person who possesses the qualifications
12-34 required of other applicants for permits and is currently an
12-35 officer of the corporation and has been an officer of the
12-36 corporation ever since the date the original permit was issued; or
12-37 (B) if the permittee pays a fee of $500 and
12-38 notifies the commission, on completed forms and attachments
12-39 prescribed by the commission, of the proposed transfer at least 10
12-40 days prior to the date the transfer is to become effective and the
12-41 commission does not find that circumstances exist that would be
12-42 grounds for the denial of a renewal of the permit under Section
12-43 11.46 of this code and provided the ownership of the corporation
12-44 immediately after the transfer satisfies the requirements of this
12-45 code. <The commission may require the permittee to furnish a new
12-46 bond as provided in Section 204.01(a)(3), and where a new bond is
12-47 required, the permittee shall not be eligible for a bond exemption
12-48 under Section 204.01(f) until 36 months after the date on which the
12-49 transfer takes effect.>
12-50 SECTION 35. Sections 28.07(a) and (b), Alcoholic Beverage
12-51 Code, are amended to read as follows:
12-52 (a) All distilled spirits sold by a holder of a mixed
12-53 beverage permit must be purchased <in this state> from a holder of
12-54 a local distributor's permit in the county in which the premises of
12-55 a mixed beverage permittee is located.
12-56 (b) If a holder of a mixed beverage permit is in a county
12-57 <an area> where there are no local distributors, he may purchase
12-58 alcoholic beverages in the nearest county <any area> where local
12-59 distributors are located and may transport them to his premises
12-60 provided that he is also a holder of a beverage cartage permit.
12-61 The transporter may acquire the alcoholic beverages only on the
12-62 written order of the holder of the mixed beverage permit. The
12-63 alcoholic beverages must be accompanied by a written statement
12-64 furnished and signed by the local distributor showing the name and
12-65 address of the consignee and consignor, the origin and destination
12-66 of the shipment, and any other information required by the
12-67 commission or administrator. The person in charge of the alcoholic
12-68 beverages while they are being transported shall exhibit the
12-69 written statement to any representative of the commission or any
12-70 peace officer on demand, and the statement shall be accepted by the
13-1 representative or officer as prima facie evidence of the lawful
13-2 right to transport the alcoholic beverages.
13-3 SECTION 36. Chapter 28, Alcoholic Beverage Code, is amended
13-4 by adding Section 28.081 to read as follows:
13-5 Sec. 28.081. SUBSTITUTION OF BRAND WITHOUT CONSENT OF
13-6 CONSUMER PROHIBITED. (a) The holder of a mixed beverage permit or
13-7 a private club permit, or the agent, servant, or employee of a
13-8 holder of a mixed beverage permit or private club permit commits an
13-9 offense if the holder, agent, servant, or employee substitutes one
13-10 brand of alcoholic beverage for a brand that has been specifically
13-11 requested by a consumer, unless the consumer is notified and
13-12 consents to the substitution.
13-13 (b) A holder of a permit who violates Subsection (a) of this
13-14 section is liable in a civil suit to a consumer for damages
13-15 resulting from the substitution. The court shall award the
13-16 prevailing party in an action under this section attorney's fees
13-17 and costs of action.
13-18 (c) The commission shall provide written notice of the
13-19 provisions of this section to an applicant or permittee when
13-20 issuing an original or renewal mixed beverage permit or private
13-21 club permit on or after October 1, 1993.
13-22 SECTION 37. Chapter 28, Alcoholic Beverage Code, is amended
13-23 by adding Sections 28.15, 28.16, and 28.17 to read as follows:
13-24 Sec. 28.15. STAMPS. (a) A mixed beverage permittee may not
13-25 possess or permit a person to possess on the premises distilled
13-26 spirits in any container that does not bear a serially numbered
13-27 identification stamp issued by the commission or other
13-28 identification approved by the commission.
13-29 (b) A holder of a local distributor's permit may not
13-30 knowingly sell, ship, or deliver distilled spirits in any container
13-31 that does not bear a serially numbered identification stamp issued
13-32 by the commission or other identification approved by the
13-33 commission.
13-34 (c) Identification stamps may be issued only to a holder of
13-35 a local distributor's permit who shall affix the stamps as
13-36 prescribed by the commission or administrator.
13-37 Sec. 28.16. PERMIT INELIGIBILITY. A mixed beverage permit
13-38 may not be issued to:
13-39 (1) a person whose permit was canceled for a violation
13-40 of Section 28.06(c) of this code;
13-41 (2) a person who held an interest in a permit that was
13-42 canceled for a violation of Section 28.06(c) of this code;
13-43 (3) a person who held 50 percent or more of the stock,
13-44 directly or indirectly, of a corporation whose permit was canceled
13-45 for a violation of Section 28.06(c) of this code;
13-46 (4) a corporation, if a person holding 50 percent or
13-47 more of the corporation's stock, directly or indirectly, is
13-48 disqualified from obtaining a permit under Subdivision (3) of this
13-49 section; or
13-50 (5) a person who resides with a person who is barred
13-51 from obtaining a permit because of a violation of Section 28.06(c)
13-52 of this code.
13-53 Sec. 28.17. SUMMARY SUSPENSION. (a) The commission may
13-54 summarily suspend, without a hearing, the permit of a permittee who
13-55 fails to file a return or make a tax payment. The Administrative
13-56 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
13-57 Civil Statutes) does not apply to the commission in the enforcement
13-58 and administration of this section.
13-59 (b) A suspension under this section takes effect on the
13-60 third day after the date the notice of suspension is provided.
13-61 Notice of suspension shall be sent by registered or certified mail
13-62 to the permittee or the permittee's agent, servant, or employee if
13-63 not given in person.
13-64 (c) The commission shall terminate a suspension made under
13-65 this section when the permittee files all required returns and
13-66 makes all required tax payments, including payment of penalties
13-67 that are due.
13-68 SECTION 38. Section 30.03(a), Alcoholic Beverage Code, is
13-69 amended to read as follows:
13-70 (a) The commission may, in its discretion, issue on a
14-1 temporary basis a daily temporary mixed beverage permit. A daily
14-2 temporary mixed beverage permit may be issued only to a holder of a
14-3 mixed beverage permit for the temporary sale of authorized
14-4 alcoholic beverages at picnics, celebrations, or similar events, or
14-5 to a political party or political association supporting a
14-6 candidate for public office or a proposed amendment to the Texas
14-7 Constitution or other ballot measure, to an organization formed for
14-8 a specific charitable or civic purpose, to a fraternal organization
14-9 in existence for over five years with a regular membership, or to a
14-10 religious organization. The commission shall not issue more than
14-11 10 <two> temporary mixed beverage permits in each calendar year to
14-12 a person who does not also hold a mixed beverage permit.
14-13 SECTION 39. Section 31.01, Alcoholic Beverage Code, is
14-14 amended to read as follows:
14-15 Sec. 31.01. Authorized Activities. The holder of a
14-16 caterer's permit may sell mixed beverages on a temporary basis at a
14-17 place other than the premises for which the holder's mixed beverage
14-18 permit is issued<, but> only in:
14-19 (1) an area where the sale of mixed beverages has been
14-20 authorized by a local option election; or
14-21 (2) an area that:
14-22 (A) is adjacent to a county with a home-rule
14-23 municipality with a population of more than 350,000:
14-24 (i) that has in its charter a provision
14-25 allowing for limited purpose annexation for zoning;
14-26 (ii) that has previously disannexed
14-27 territory annexed for limited purposes; and
14-28 (iii) that allows the sale of mixed
14-29 beverages;
14-30 (B) does not comprise an entire county; and
14-31 (C) is not within the corporate limits of a
14-32 municipality.
14-33 SECTION 40. Section 32.02(b), Alcoholic Beverage Code, is
14-34 amended to read as follows:
14-35 (b) The annual state fee shall be computed at the election
14-36 of the permittee by using one of the following methods:
14-37 (1) A fee based on the highest number of members in
14-38 good standing during the year for which the permit fee is paid
14-39 according to the following rates:
14-40 0 to 250 members - $ 750
14-41 251 to 450 members - $1,350
14-42 451 to 650 members - $1,950
14-43 651 to 850 members - $2,550
14-44 851 to 1,000 members - $3,000
14-45 Over 1,000 members - $3 per member <of $3 for
14-46 each member entitled to privileges of the club during the permit
14-47 year with a minimum fee of $750>; or
14-48 (2) A fee for an original private club registration
14-49 permit of $3,500, with a fee for the first renewal of a private
14-50 club registration permit of $2,750, and a fee for the second and
14-51 each subsequent renewal of a private club registration permit of
14-52 $2,000.
14-53 SECTION 41. Section 32.17(a), Alcoholic Beverage Code, is
14-54 amended to read as follows:
14-55 (a) The commission or administrator may cancel or suspend
14-56 for a period of time not exceeding 60 days, after notice and
14-57 hearing, an original or renewal private club registration permit on
14-58 finding that the permittee club has:
14-59 (1) sold, offered for sale, purchased, or held title
14-60 to any liquor so as to constitute an open saloon;
14-61 (2) refused to allow an authorized agent or
14-62 representative of the commission or a peace officer to come on the
14-63 club premises for the purposes of inspecting alcoholic beverages
14-64 stored on the premises or investigating compliance with the
14-65 provisions of this code;
14-66 (3) refused to furnish the commission or its agent or
14-67 representative when requested any information pertaining to the
14-68 storage, possession, serving, or consumption of alcoholic beverages
14-69 on club premises;
14-70 (4) permitted or allowed any alcoholic beverages
15-1 stored on club premises to be served or consumed at any place other
15-2 than on the club premises;
15-3 (5) failed to maintain an adequate building at the
15-4 address for which the private club registration permit was issued;
15-5 (6) caused, permitted, or allowed any member of a club
15-6 in a dry area to store any liquor on club premises except under the
15-7 locker system;
15-8 (7) caused, permitted, or allowed any person to
15-9 consume or be served any alcoholic beverage on the club premises:
15-10 (A) at any time on Sunday between the hours of
15-11 1:15 a.m. and 10 a.m. <12 noon> or on any other day at any time
15-12 between the hours of 12:15 a.m. and 7 a.m., if the club does not
15-13 have a private club late hours permit, except that an alcoholic
15-14 beverage served to a customer between 10 a.m. and 12 noon on Sunday
15-15 must be provided during the service of food to the customer; or
15-16 (B) at any time on Sunday between the hours of 2
15-17 a.m. and 10 a.m. <12 noon> or on any other day at any time between
15-18 the hours of 2 a.m. and 7 a.m., if the club has a private club late
15-19 hours permit, except that an alcoholic beverage served to a
15-20 customer between 10 a.m. and 12 noon on Sunday must be provided
15-21 during the service of food to the customer; or
15-22 (8) violated or assisted, aided or abetted the
15-23 violation of any provision of this code.
15-24 SECTION 42. Chapter 32, Alcoholic Beverage Code, is amended
15-25 by adding Sections 32.20, 32.21, and 32.22 to read as follows:
15-26 Sec. 32.20. STAMPS. (a) A private club registration
15-27 permittee may not possess or permit a person to possess on the
15-28 premises distilled spirits in any container that does not bear a
15-29 serially numbered identification stamp issued by the commission or
15-30 other identification approved by the commission.
15-31 (b) A holder of a local distributor's permit may not
15-32 knowingly sell, ship, or deliver distilled spirits in any container
15-33 that does not bear a serially numbered identification stamp issued
15-34 by the commission or other identification approved by the
15-35 commission.
15-36 (c) Identification stamps may be issued only to a holder of
15-37 a local distributor's permit who shall affix the stamps as
15-38 prescribed by the commission or administrator.
15-39 Sec. 32.21. PERMIT INELIGIBILITY. A private club
15-40 registration permit may not be issued to:
15-41 (1) a person whose permit was canceled for a violation
15-42 of Section 28.06(c) of this code;
15-43 (2) a person who held an interest in a permit that was
15-44 canceled for a violation of Section 28.06(c) of this code;
15-45 (3) a person who held 50 percent or more of the stock,
15-46 directly or indirectly, of a corporation whose permit was canceled
15-47 for a violation of Section 28.06(c) of this code;
15-48 (4) a corporation, if a person holding 50 percent or
15-49 more of the corporation's stock, directly or indirectly, is
15-50 disqualified from obtaining a permit under Subdivision (3) of this
15-51 section; or
15-52 (5) a person who resides with a person who is barred
15-53 from obtaining a permit because of a violation of Section 28.06(c)
15-54 of this code.
15-55 Sec. 32.22. SUMMARY SUSPENSION. (a) The commission may
15-56 summarily suspend, without a hearing, the permit of a permittee who
15-57 fails to file a return or make a tax payment. The Administrative
15-58 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
15-59 Civil Statutes) does not apply to the commission in the enforcement
15-60 and administration of this section.
15-61 (b) A suspension under this section takes effect on the
15-62 third day after the date the notice of suspension is given. The
15-63 notice of suspension shall be sent by registered or certified mail
15-64 to the permittee, the permittee's agent, servant, or employee if
15-65 not given in person.
15-66 (c) The commission shall terminate a suspension made under
15-67 this section when the permittee files all required returns and
15-68 makes all required tax payments, including payment of penalties
15-69 that are due.
15-70 SECTION 43. Section 42.04, Alcoholic Beverage Code, is
16-1 amended by adding Subsection (d) to read as follows:
16-2 (d) A holder of a winery permit is exempt from the
16-3 requirements of this section for the transportation of its wine.
16-4 SECTION 44. Section 45.03(d), Alcoholic Beverage Code, is
16-5 amended to read as follows:
16-6 (d) Except as provided by Section 45.04 of this code, no
16-7 <No> storage permit may be issued for a location in a dry area.
16-8 SECTION 45. Chapter 45, Alcoholic Beverage Code, is amended
16-9 by adding Section 45.04 to read as follows:
16-10 Sec. 45.04. WINERY STORAGE PERMIT. A holder of a winery
16-11 permit whose winery is located in a county all or part of which is
16-12 in a dry area may obtain a storage permit to store the winery's
16-13 product in a dry area of that county if:
16-14 (1) the holder of the winery permit obtains a permit
16-15 for each place of storage; and
16-16 (2) the product to be stored is owned by the holder of
16-17 the winery permit and remains in the possession of the holder.
16-18 SECTION 46. Section 46.03, Alcoholic Beverage Code, is
16-19 amended to read as follows:
16-20 Sec. 46.03. Qualifications for Permit. (a) A bonded
16-21 warehouse permit may be issued to any public bonded warehouse that:
16-22 (1) <not located in a dry area which> derives at least
16-23 50 percent of its gross revenue in a bona fide manner during each
16-24 three-month period from the storage of goods or merchandise other
16-25 than liquor; and
16-26 (2) is not located in a dry area.
16-27 (b) A bonded warehouse permit may be issued to a public
16-28 bonded warehouse described by Subsection (a)(1) of this section
16-29 that is located in a dry area only for the storage of the wine of
16-30 the holder of a winery permit who holds a permit authorizing its
16-31 storage in a public bonded warehouse.
16-32 SECTION 47. Section 51.04(b), Alcoholic Beverage Code, is
16-33 amended to read as follows:
16-34 (b) A minibar may not be restocked or replenished during any
16-35 hours that a mixed beverage permittee may not sell alcoholic
16-36 beverages at the location as provided by Section 105.03 of this
16-37 code <between the hours of 9 p.m. and 9 a.m. or on any Sunday,> and
16-38 it may contain no more than 40 individual containers of alcoholic
16-39 beverages at any one time.
16-40 SECTION 48. Subchapter A, Chapter 61, Alcoholic Beverage
16-41 Code, is amended by adding Section 61.13 to read as follows:
16-42 Sec. 61.13. CONDUCT SURETY BOND. (a) Except as provided in
16-43 Subsection (e) of this section, an applicant for a license or a
16-44 holder of a license issued under Chapter 69 of this code shall file
16-45 with the commission a surety bond in the amount of $5,000
16-46 conditioned on the applicant's or holder's conformance with
16-47 alcoholic beverage law.
16-48 (b) A surety bond required under this section shall contain
16-49 the following statements on the face of the bond:
16-50 (1) that the holder of the license will not violate a
16-51 law of the state relating to alcoholic beverages or a rule of the
16-52 commission; and
16-53 (2) that the holder of the license agrees that the
16-54 amount of the bond shall be paid to the state if the license is
16-55 revoked.
16-56 (c) The commission shall adopt rules relating to the:
16-57 (1) form of a surety bond;
16-58 (2) qualifications for a surety;
16-59 (3) method for filing and obtaining approval of the
16-60 bond by the commission; and
16-61 (4) release or discharge of the bond.
16-62 (d) A holder of a license required to file a surety bond may
16-63 furnish instead of all or part of the required bond amount:
16-64 (1) one or more certificates of deposit assigned to
16-65 the state issued by a federally insured bank or savings institution
16-66 authorized to do business in this state; or
16-67 (2) one or more letters of credit issued by a
16-68 federally insured bank or savings institution authorized to do
16-69 business in this state.
16-70 (e) A holder of a license issued under this code who has
17-1 held a permit for three years or more before the date the holder
17-2 applied for renewal of the license is not required to furnish a
17-3 surety bond if the holder:
17-4 (1) has not had a license or permit issued under this
17-5 code revoked in the five years before the date the holder applied
17-6 for renewal of the license;
17-7 (2) is not the subject of a pending permit or license
17-8 revocation proceeding; and
17-9 (3) has continuously operated on the licensed premises
17-10 for three years or more before the date the holder applied for
17-11 renewal of the license.
17-12 (f) If a holder of a license is exempt from furnishing a
17-13 conduct surety bond under Subsection (e) of this section, the
17-14 holder shall be exempt from furnishing the bond at another location
17-15 where the holder applies for or holds a license.
17-16 (g) This section applies only in a county having a
17-17 population of 2.4 million or more.
17-18 SECTION 49. Subtitle A, Title 3, Alcoholic Beverage Code, is
17-19 amended by adding Chapter 52 to read as follows:
17-20 CHAPTER 52. PACKAGE STORE TASTING PERMIT
17-21 Sec. 52.01. AUTHORIZED ACTIVITIES. (a) The holder of a
17-22 package store tasting permit may conduct product tastings of
17-23 distilled spirits, wine, beer, and malt-based or spirit-based
17-24 coolers on the licensed premises of the holder's package store
17-25 during regular business hours as provided by this section.
17-26 (b) Written notification of a product tasting must be made
17-27 to the commission by mailing a letter to the commission not later
17-28 than 72 hours before the tasting event. The notification shall
17-29 clearly state:
17-30 (1) the type and brand of alcoholic beverage to be
17-31 tasted;
17-32 (2) the date and hours the tasting is to take place;
17-33 and
17-34 (3) the address of the premises where the tasting is
17-35 to occur.
17-36 (c) A copy of the notification shall be kept on file and
17-37 available for inspection on the premises during all tasting hours.
17-38 (d) Sample portions at a product tasting shall be limited to
17-39 no more than:
17-40 (1) one-half ounce for distilled spirits;
17-41 (2) one ounce for wine; and
17-42 (3) one ounce for beer and coolers.
17-43 (e) At any one time, not more than two of the following
17-44 categories may be tasted:
17-45 (1) distilled spirits;
17-46 (2) wine; or
17-47 (3) beer and coolers.
17-48 (f) When distilled spirits are tasted, not more than one
17-49 brand or type may be made available for tasting at one time. When
17-50 wine is tasted, not more than three different wines may be made
17-51 available for tasting at any one time. When beer or coolers are
17-52 tasted, not more than two brands or types of beer or coolers may be
17-53 made available at any one time.
17-54 (g) No charge of any sort may be made for a sample serving.
17-55 (h) A person may be served more than one sample. Samples
17-56 may not be served to a minor or to an obviously intoxicated person.
17-57 No samples may be removed from the licensed premises.
17-58 (i) During the tasting, not more than two containers of each
17-59 brand or type of product being tasted may be open on the premises
17-60 at one time.
17-61 (j) At the conclusion of the tasting, all empty or open
17-62 containers of alcoholic beverages used in the tasting shall be
17-63 removed from the premises.
17-64 (k) A tasting event authorized by this section may not be
17-65 advertised except by on-site communications or by direct mail.
17-66 (l) A person other than the permittee or the permittee's
17-67 agent or employee may not dispense or participate in the dispensing
17-68 of alcoholic beverages under this chapter.
17-69 Sec. 52.02. FEE. The annual state fee for a package store
17-70 tasting permit is $25. The fee is in addition to and subject to
18-1 the same conditions as the fee paid for the holder's package store
18-2 permit.
18-3 Sec. 52.03. ELIGIBILITY FOR PERMIT. The commission or the
18-4 administrator may only issue a package store tasting permit to a
18-5 holder of a package store permit. For the purposes of this code
18-6 and any other law of the state or political subdivision of the
18-7 state, a package store tasting permit may not be considered a
18-8 permit authorizing the sale of alcoholic beverages for on-premise
18-9 consumption. Since no charge may be made for a sample tasted on
18-10 the premises of a package store, none of a package store's revenue
18-11 may be deemed to be revenue from the on-premise sale of alcoholic
18-12 beverages.
18-13 SECTION 50. Section 61.42(a), Alcoholic Beverage Code, is
18-14 amended to read as follows:
18-15 (a) The county judge shall refuse to approve an application
18-16 for a license as a distributor or retailer if he has reasonable
18-17 grounds to believe and finds that:
18-18 (1) the applicant is a minor;
18-19 (2) the applicant is indebted to the state for any
18-20 taxes, fees, or penalties imposed by this code or by rule of the
18-21 commission;
18-22 (3) the place or manner in which the applicant for a
18-23 retail dealer's license may conduct his business warrants a refusal
18-24 of a license based on the general welfare, health, peace, morals,
18-25 safety, and sense of decency of the people;
18-26 (4) the applicant is in the habit of using alcoholic
18-27 beverages to excess or is mentally or physically incompetent;
18-28 (5) the applicant is not a United States citizen or
18-29 has not been a citizen of Texas for a period of one year <three
18-30 years> immediately preceding the filing of his application, unless
18-31 he was issued an original or renewal license on or before September
18-32 1, 1948;
18-33 (6) the applicant was finally convicted of a felony
18-34 during the two years immediately preceding the filing of his
18-35 application;
18-36 (7) the applicant is not of good moral character or
18-37 his reputation for being a peaceable, law-abiding citizen in the
18-38 community where he resides is bad; or
18-39 (8) as to a corporation, it is not incorporated under
18-40 the laws of this state, or at least 51 percent of the corporate
18-41 stock is not owned at all times by persons who individually are
18-42 qualified to obtain a license, except that this subdivision does
18-43 not apply to a holder of any renewal of a distributor's license
18-44 which was in effect on January 1, 1953, or to an applicant for a
18-45 beer retailer's on-premise license for a railway car.
18-46 SECTION 51. Section 61.42(c), Alcoholic Beverage Code, is
18-47 amended to read as follows:
18-48 (c) The county judge, commission, or administrator shall
18-49 refuse to approve or issue for a period of one year a retail
18-50 dealer's on-premise license or a wine and beer retailer's permit
18-51 for a premises where a license or permit has <two licenses or
18-52 permits have> been canceled during the preceding 12 months as a
18-53 result of a shooting, stabbing, or other violent act, or as a
18-54 result of an offense involving drugs.
18-55 SECTION 52. Section 61.43, Alcoholic Beverage Code, is
18-56 amended to read as follows:
18-57 Sec. 61.43. Discretionary Grounds for Refusal: Distributor
18-58 or Retailer. The county judge may refuse to approve an application
18-59 for a license as a distributor or retailer if he has reasonable
18-60 grounds to believe and finds that:
18-61 (1) the applicant has been finally convicted in a
18-62 court of competent jurisdiction for the violation of a provision of
18-63 this code during the two years immediately preceding the filing of
18-64 his application;
18-65 (2) two years has not elapsed since the termination,
18-66 by pardon or otherwise, of a sentence imposed for conviction of a
18-67 felony;
18-68 (3) the applicant has violated or caused to be
18-69 violated a provision of this code or a rule or regulation of the
18-70 commission, for which a suspension was not imposed, during the
19-1 12-month period immediately preceding the filing of his
19-2 application;
19-3 (4) the applicant failed to answer or falsely or
19-4 incorrectly answered a question in his original or renewal
19-5 application;
19-6 (5) the applicant for a retail dealer's license does
19-7 not have an adequate building available at the address for which
19-8 the license is sought before conducting any activity authorized by
19-9 the license;
19-10 (6) the applicant or a person with whom he is
19-11 residentially domiciled had an interest in a license or permit
19-12 which was cancelled or revoked within the 12-month period
19-13 immediately preceding the filing of his application;
19-14 (7) the applicant failed or refused to furnish a true
19-15 copy of his application to the commission's district office in the
19-16 district in which the premises sought to be licensed are located;
19-17 (8) the premises on which beer is to be sold for
19-18 on-premises consumption does not have running water, if it is
19-19 available, or does not have separate free toilets for males and
19-20 females, properly identified, on the premises for which the license
19-21 is sought;
19-22 (9) the applicant for a retail dealer's license will
19-23 conduct his business in a manner contrary to law or in a place or
19-24 manner conducive to a violation of the law; or
19-25 (10) the place, building, or premises for which the
19-26 license is sought was used for selling alcoholic beverages in
19-27 violation of the law at any time during the six months immediately
19-28 preceding the filing of the application or was used, operated, or
19-29 frequented during that time for a purpose or in a manner which was
19-30 lewd, immoral, offensive to public decency, or contrary to this
19-31 code.
19-32 SECTION 53. Section 61.71, Alcoholic Beverage Code, is
19-33 amended by amending Subsection (a) and adding Subsection (f) to
19-34 read as follows:
19-35 (a) The commission or administrator may suspend for not more
19-36 than 60 days or cancel an original or renewal retail dealer's on-
19-37 or off-premise license if it is found, after notice and hearing,
19-38 that the licensee:
19-39 (1) violated a provision of this code or a rule of the
19-40 commission during the existence of the license sought to be
19-41 cancelled or suspended or during the immediately preceding license
19-42 period;
19-43 (2) was finally convicted for violating a penal
19-44 provision of this code;
19-45 (3) was finally convicted of a felony while holding an
19-46 original or renewal license;
19-47 (4) made a false statement or a misrepresentation in
19-48 his original application or a renewal application;
19-49 (5) with criminal negligence <knowingly> sold, served,
19-50 or delivered beer to a minor;
19-51 (6) sold, served, or delivered beer to an intoxicated
19-52 person;
19-53 (7) sold, served, or delivered beer at a time when its
19-54 sale is prohibited;
19-55 (8) entered or offered to enter an agreement,
19-56 condition, or system which would constitute the sale or possession
19-57 of alcoholic beverages on consignment;
19-58 (9) possessed on the licensed premises, or on adjacent
19-59 premises directly or indirectly under his control, an alcoholic
19-60 beverage not authorized to be sold on the licensed premises, or
19-61 permitted an agent, servant, or employee to do so, except as
19-62 permitted by Section 22.06, 24.05, or 102.05 of this code;
19-63 (10) does not have at his licensed premises running
19-64 water, if it is available, and separate toilets for both sexes
19-65 which are properly identified;
19-66 (11) permitted a person on the licensed premises to
19-67 engage in conduct which is lewd, immoral, or offensive to public
19-68 decency;
19-69 (12) employed a person under 18 years of age to sell,
19-70 handle, or dispense beer, or to assist in doing so, in an
20-1 establishment where beer is sold for on-premises consumption;
20-2 (13) conspired with a person to violate Section
20-3 101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or
20-4 108.04-108.06 of this code, or a rule promulgated under Section
20-5 5.40 of this code, or accepted a benefit from an act prohibited by
20-6 any of these sections or rules;
20-7 (14) refused to permit or interfered with an
20-8 inspection of the licensed premises by an authorized representative
20-9 of the commission or a peace officer;
20-10 (15) permitted the use or display of his license in
20-11 the conduct of a business for the benefit of a person not
20-12 authorized by law to have an interest in the license;
20-13 (16) maintained blinds or barriers at his place of
20-14 business in violation of this code;
20-15 (17) conducted his business in a place or manner which
20-16 warrants the cancellation or suspension of the license based on the
20-17 general welfare, health, peace, morals, safety, and sense of
20-18 decency of the people;
20-19 (18) consumed an alcoholic beverage or permitted one
20-20 to be consumed on the licensed premises at a time when the
20-21 consumption of alcoholic beverages is prohibited by this code;
20-22 (19) purchased beer for the purpose of resale from a
20-23 person other than the holder of a manufacturer's or distributor's
20-24 license;
20-25 (20) acquired an alcoholic beverage for the purpose of
20-26 resale from another retail dealer of alcoholic beverages;
20-27 (21) owned an interest of any kind in the business or
20-28 premises of the holder of a distributor's license;
20-29 (22) purchased, sold, offered for sale, distributed,
20-30 or delivered an alcoholic beverage, or consumed an alcoholic
20-31 beverage or permitted one to be consumed on the licensed premises
20-32 while his license was under suspension;
20-33 (23) purchased, possessed, stored, sold, or offered
20-34 for sale beer in or from an original package bearing a brand or
20-35 trade name of a manufacturer other than the brand or trade name
20-36 shown on the container;
20-37 (24) habitually uses alcoholic beverages to excess, is
20-38 mentally incompetent, or is physically unable to manage his
20-39 establishment;
20-40 (25) imported beer into this state except as
20-41 authorized by Section 107.07 of this code;
20-42 (26) occupied premises in which the holder of a
20-43 manufacturer's or distributor's license had an interest of any
20-44 kind;
20-45 (27) knowingly permitted a person who had an interest
20-46 in a permit or license which was cancelled for cause to sell,
20-47 handle, or assist in selling or handling alcoholic beverages on the
20-48 licensed premises within one year after the cancellation;
20-49 (28) was financially interested in a place of business
20-50 engaged in the selling of distilled spirits or permitted a person
20-51 having an interest in that type of business to have a financial
20-52 interest in the business authorized by his license, except as
20-53 permitted by Section 22.06, 24.05, or 102.05 of this code;
20-54 (29) is residentially domiciled with or related to a
20-55 person engaged in selling distilled spirits, except as permitted by
20-56 Section 22.06, 24.05, or 102.05 of this code, so that there is a
20-57 community of interests which the commission or administrator finds
20-58 contrary to the purposes of this code; or
20-59 (30) is residentially domiciled with or related to a
20-60 person whose license has been cancelled within the preceding 12
20-61 months so that there is a community of interests which the
20-62 commission or administrator finds contrary to the purposes of this
20-63 code.
20-64 (f) The commission or administrator shall cancel an original
20-65 or renewal dealer's on-premises or off-premises license if it is
20-66 found, after notice and hearing, that the licensee knowingly
20-67 allowed a person to possess a firearm in a building on the licensed
20-68 premises. This subsection does not apply to a person:
20-69 (1) who holds a security officer commission issued by
20-70 the Texas Board of Private Investigators and Private Security
21-1 Agencies, if:
21-2 (A) the person is engaged in the performance of
21-3 the person's duties as a security officer;
21-4 (B) the person is wearing a distinctive uniform;
21-5 and
21-6 (C) the weapon is in plain view; or
21-7 (2) who is a peace officer.
21-8 SECTION 54. Section 61.74(a), Alcoholic Beverage Code, is
21-9 amended to read as follows:
21-10 (a) The commission or administrator may suspend for not more
21-11 than 60 days or cancel an original or renewal general, local, or
21-12 branch distributor's license if it is found, after notice and
21-13 hearing, that the licensee:
21-14 (1) violated a provision of this code or a rule of the
21-15 commission during the existence of the license sought to be
21-16 cancelled or suspended or during the immediately preceding license
21-17 period;
21-18 (2) was finally convicted for violating a penal
21-19 provision of this code;
21-20 (3) was finally convicted of a felony while holding an
21-21 original or renewal license;
21-22 (4) violated Section 101.41-101.43, 101.68,
21-23 102.11-102.15, 104.04, 108.01, or 108.04-108.06 of this code, or a
21-24 rule or regulation promulgated under Section 5.40 of this code;
21-25 (5) failed to comply with a requirement of the
21-26 commission relating to the keeping of records or making of reports;
21-27 (6) failed to pay any tax due the state on any beer he
21-28 sold, stored, or transported;
21-29 (7) refused to permit or interfered with an inspection
21-30 of his licensed premises, vehicles, books, or records by an
21-31 authorized representative of the commission;
21-32 (8) consummated a sale of beer outside the county or
21-33 counties in which he was authorized to sell beer by his license;
21-34 (9) purchased, sold, offered for sale, distributed, or
21-35 delivered beer while his license was under suspension;
21-36 (10) permitted the use of his license in the operation
21-37 of a business conducted for the benefit of a person not authorized
21-38 by law to have an interest in the business;
21-39 (11) made a false or misleading representation or
21-40 statement in his original application or a renewal application;
21-41 (12) habitually uses alcoholic beverages to excess, is
21-42 mentally incompetent, or is physically unable to manage his
21-43 establishment;
21-44 (13) misrepresented any beer sold by him to a retailer
21-45 or to the public;
21-46 (14) with criminal negligence <knowingly> sold or
21-47 delivered beer to a minor; or
21-48 (15) purchased, possessed, stored, sold, or offered
21-49 for sale beer in an original package bearing a brand or trade name
21-50 of a manufacturer other than the brand or trade name of the
21-51 manufacturer shown on the container.
21-52 SECTION 55. Chapter 62, Alcoholic Beverage Code, is amended
21-53 by adding Section 62.13 to read as follows:
21-54 Sec. 62.13. LICENSED WAREHOUSE FOR IMPORTATION OF BEER. On
21-55 application and payment of a fee to be set by the commission, the
21-56 holder of a manufacturer's license may be issued a license for a
21-57 warehouse located in an area where the sale of beer is lawful and
21-58 may import beer from outside the state for delivery to the licensed
21-59 warehouse for sale to beer distributors or for removal to other
21-60 warehouses of the manufacturer. The manufacturer shall make and
21-61 keep a record of the receipt, sale, and other movement of beer
21-62 received at the licensed warehouse and any other records that the
21-63 commission or administrator requires. This section applies only to
21-64 a holder of a manufacturer's license who, on January 1, 1993,
21-65 operated under Sections 62.12 and 203.08 of this code.
21-66 SECTION 56. Section 73.01, Alcoholic Beverage Code, is
21-67 amended to read as follows:
21-68 Sec. 73.01. AUTHORIZED ACTIVITIES. Subject to the
21-69 limitations imposed in Section 73.011 of this code or elsewhere in
21-70 this code, the <The> holder of an agent's beer license, acting as
22-1 an employee or representative of a licensed manufacturer of beer
22-2 located inside or outside the state or as an employee or
22-3 representative of a licensed distributor, may:
22-4 (1) promote the sale of beer through methods such as
22-5 solicitation, display, advertising, and personal contact with
22-6 licensed retailers of beer and their agents, servants, and
22-7 employees, and with consumers of beer; and
22-8 (2) sell beer and offer it for sale.
22-9 SECTION 57. Chapter 73, Alcoholic Beverage Code, is amended
22-10 by adding Section 73.011 to read as follows:
22-11 Sec. 73.011. LIMITATIONS ON AUTHORITY OF AGENT'S BEER
22-12 LICENSEE. (a) A holder of an agent's beer license who is an
22-13 employee or agent of a manufacturer's licensee or a nonresident
22-14 manufacturer's licensee may not represent that the holder is the
22-15 agent of or is acting on behalf of a licensed distributor. An
22-16 agent may not engage in conduct that is prohibited by Section
22-17 102.75 of this code or other provisions of this code.
22-18 (b) A holder of an agent's beer license may not make a
22-19 representation, solicitation, or offer that this code or the rules
22-20 of the commission prohibits the agent's employer from offering,
22-21 making, or fulfilling.
22-22 SECTION 58. Subtitle B, Title 3, Alcoholic Beverage Code, is
22-23 amended by adding Chapter 74 to read as follows:
22-24 CHAPTER 74. BREWPUB LICENSE
22-25 Sec. 74.01. AUTHORIZED ACTIVITIES. (a) A holder of a
22-26 brewpub license for a brewpub located in a wet area, as that term
22-27 is described by Section 251.71 of this code, may:
22-28 (1) manufacture, brew, bottle, can, package, and label
22-29 malt liquor, ale, and beer;
22-30 (2) sell or offer without charge, on the premises of
22-31 the brewpub, to ultimate consumers for consumption on or off
22-32 those premises, malt liquor, ale, or beer produced by the holder,
22-33 in or from a lawful container, to the extent the sales or offers
22-34 are allowed under the holder's other permits or licenses; and
22-35 (3) sell food on the premises of the holder's
22-36 breweries.
22-37 (b) The holder of a brewpub license may establish, operate,
22-38 or maintain one or more licensed brewpubs in this state under the
22-39 same general management or ownership. The holder shall pay the fee
22-40 assessed by the commission for each establishment. For the
22-41 purposes of this subsection, two or more establishments are under
22-42 the same general management or ownership if:
22-43 (1) the establishments bottle the same brand of malt
22-44 liquor, beer, or ale or bottle malt liquor, beer, or ale brewed by
22-45 the same manufacturer; or
22-46 (2) the person, regardless of domicile, who
22-47 establishes, operates, or maintains the establishments is
22-48 controlled or directed by one management or by an association of
22-49 ultimate management.
22-50 (c) A holder of a brewpub license must also hold a wine and
22-51 beer retailer's permit, a mixed beverage permit, or a retail
22-52 dealer's on-premise license.
22-53 (d) The holder of a brewpub license may not hold or have an
22-54 interest either directly or indirectly, or through a subsidiary,
22-55 affiliate, agent, employee, officer, director, or other person, in
22-56 a manufacturer's or distributor's license or any other license or
22-57 permit in the manufacturing or wholesaling levels of the alcoholic
22-58 beverage industry regardless of the specific names given to permits
22-59 or licenses in Title 3 of this code. The holder shall be
22-60 considered a "retailer" for purposes of Section 102.01 of this
22-61 code.
22-62 (e) A holder of a retail dealer's on-premise license who
22-63 obtains a brewpub license may not manufacture, brew, bottle, can,
22-64 package, label, sell, or offer without charge malt liquor or ale.
22-65 (f) A holder of a brewpub license may not sell an alcoholic
22-66 beverage for resale.
22-67 Sec. 74.02. FEE. The annual state fee for a brewpub license
22-68 is $500.
22-69 Sec. 74.03. PRODUCTION LIMIT. The total annual production
22-70 of malt liquor, ale, and beer by a holder of a brewpub license may
23-1 not exceed 5,000 barrels for each licensed brewpub established,
23-2 operated, or maintained by the holder in this state.
23-3 Sec. 74.04. LICENSE APPLICATION, RENEWAL, AND MAINTENANCE;
23-4 RECORDS; LICENSE ISSUANCE. All provisions of this code that apply
23-5 to a brewpub licensee's wine and beer retailer's permit, mixed
23-6 beverage permit, or retail dealer's on-premise license also apply
23-7 to the brewpub license.
23-8 Sec. 74.05. STATEMENT OF INTENT. An applicant for a brewpub
23-9 license shall file with the application a sworn statement that the
23-10 applicant shall be engaged in the business of brewing and packaging
23-11 malt liquor, ale, or beer in this state in quantities sufficient to
23-12 operate a brewpub not later than six months after the date of
23-13 issuance of the original license. If the applicant is a
23-14 corporation, the statement must be signed by a principal corporate
23-15 officer. A county judge may not issue a brewpub license to an
23-16 applicant who does not submit the required sworn statement with
23-17 the application for a license.
23-18 Sec. 74.06. QUALITY STANDARDS. Manufacturing or brewing
23-19 equipment used by a holder of a brewpub license, and process,
23-20 labeling, and packaging conducted by a holder of a brewpub license,
23-21 shall conform to standards and tax requirements imposed by this
23-22 code and the commission's rules for the manufacture of beer and the
23-23 brewing of ale and malt liquor and shall conform to any standards
23-24 that may be applied by the agency of the United States charged with
23-25 supervising and inspecting the manufacture and brewing of alcoholic
23-26 beverages.
23-27 Sec. 74.07. CONTAINER SIZE. In addition to any other
23-28 container for beer, ale, or malt liquor authorized elsewhere in
23-29 this code, a holder of a brewpub license may store or serve to
23-30 consumers beer, ale, or malt liquor manufactured by the holder of
23-31 the license at the premises of the brewpub license from any
23-32 container having the capacity of one barrel or whole multiples of
23-33 one barrel.
23-34 SECTION 59. Section 101.66, Alcoholic Beverage Code, is
23-35 amended to read as follows:
23-36 Sec. 101.66. BEVERAGES OF CERTAIN ALCOHOL CONTENT
23-37 PROHIBITED. No person may manufacture, sell, barter, or exchange a
23-38 beverage that contains alcohol in excess of one-half of one percent
23-39 by volume and not more than four percent of alcohol by weight,
23-40 except beer, wine coolers, and spirit coolers.
23-41 SECTION 60. Section 101.41, Alcoholic Beverage Code, is
23-42 amended to read as follows:
23-43 Sec. 101.41. Containers, Packaging, and Dispensing Equipment
23-44 of Beer: Labels. (a) No manufacturer or distributor, directly or
23-45 indirectly or through a subsidiary, affiliate, agent, employee,
23-46 officer, director, or firm member, may manufacture, sell, or
23-47 otherwise introduce into commerce any container, packaging, or
23-48 dispensing equipment of beer that does not meet the requirements of
23-49 this section.
23-50 (b) Every container of beer must have a label or imprint in
23-51 legible type showing the full name and address of the manufacturer
23-52 and, if it contains a special brand brewed for a distributor, of
23-53 the distributor. Any box, crate, carton, or similar device in
23-54 which containers of beer are sold or transported must have a label
23-55 meeting the same requirements.
23-56 (c) The label of a container of beer must state the net
23-57 contents in terms of United States liquor measure.
23-58 (d) No container, packaging material, or dispensing
23-59 equipment may bear a label or imprint that:
23-60 (1) by wording, lettering, numbering, or illustration,
23-61 or in any other manner refers or alludes to or suggests <the
23-62 alcoholic strength of the product,> a manufacturing process, aging,
23-63 analysis, or a scientific fact;
23-64 (2) refers or alludes to the "proof," "balling," or
23-65 "extract" of the product;
23-66 (3) is untrue in any respect; or
23-67 (4) by ambiguity, omission, or inference tends to
23-68 create a misleading impression, or causes or is calculated to cause
23-69 deception of the consumer with respect to the product.
23-70 SECTION 61. Section 101.46, Alcoholic Beverage Code, is
24-1 amended by amending Subsection (a) and adding Subsection (d) to
24-2 read as follows:
24-3 (a) Except as provided by Subsections (b), <and> (c), and
24-4 (d) of this section, no person may import, sell, or possess with
24-5 intent to sell any liquor in a container with a capacity of less
24-6 than six fluid ounces.
24-7 (d) Spirit coolers, as described by the definition of
24-8 "distilled spirits" in Section 1.04 of this code, may be sold in
24-9 containers with a capacity of 355 milliliters as well as in
24-10 containers with any other capacity authorized by this code for
24-11 distilled spirits.
24-12 SECTION 62. Subchapter A, Chapter 102, Alcoholic Beverage
24-13 Code, is amended by adding Section 102.02 to read as follows:
24-14 Sec. 102.02. PROVIDING SAMPLES. Notwithstanding any other
24-15 provision of this code, the holder of a wholesaler's permit or the
24-16 holder's agent, representative, or employee may furnish or give a
24-17 sample of liquor to a holder of a permit authorizing the sale of
24-18 that category of alcoholic beverage at retail if the retail
24-19 permittee has not previously purchased that brand from that
24-20 wholesaler permittee. The wholesaler may give the retail permittee
24-21 not more than 750 milliliters of any brand of distilled spirits,
24-22 not more than three liters of any brand of wine in that package,
24-23 and not more than one six-pack of any other alcoholic beverage so
24-24 packaged. The retail permittee or the permittee's agent, servant,
24-25 or employee may sample the product on the licensed premises only if
24-26 the wholesaler or the wholesaler's agent, servant, or employee is
24-27 present.
24-28 SECTION 63. Section 102.07, Alcoholic Beverage Code, is
24-29 amended by amending Subsections (a), (b), and (d) and by adding
24-30 Subsections (e) and (f) to read as follows:
24-31 (a) Except as provided in Subsections <Subsection> (b) and
24-32 (d) of this section, no person who owns or has an interest in the
24-33 business of a distiller, brewer, rectifier, wholesaler, class B
24-34 wholesaler, winery, or wine bottler, nor the agent, servant, or
24-35 employee of such a person, may:
24-36 (1) own or have a direct or indirect interest in the
24-37 business, premises, equipment, or fixtures of a retailer;
24-38 (2) furnish, give, or lend any money, service, or
24-39 thing of value to a retailer;
24-40 (3) guarantee a financial obligation of a retailer;
24-41 (4) make or offer to enter an agreement, condition, or
24-42 system which will in effect amount to the shipment and delivery of
24-43 alcoholic beverages on consignment;
24-44 (5) furnish, give, rent, lend, or sell to a retail
24-45 dealer any equipment, fixtures, or supplies to be used in selling
24-46 or dispensing alcoholic beverages, except that alcoholic beverages
24-47 may be packaged in combination with other items if the package is
24-48 designed to be delivered intact to the ultimate consumer and the
24-49 additional items have no value or benefit to the retailer other
24-50 than that of having the potential of attracting purchases and
24-51 promoting sales;
24-52 (6) pay or make an allowance to a retailer for a
24-53 special advertising or distribution service;
24-54 (7) allow an excessive discount to a retailer;
24-55 (8) offer a prize, premium, gift, or similar
24-56 inducement to a retailer <or consumer> or to the agent, servant, or
24-57 employee of a retailer <either>.
24-58 (b) A permittee covered by Subsection (a) of this section
24-59 may furnish to a retailer without cost advertising specialties
24-60 showing the name of the product advertised. The total value of all
24-61 advertising specialties for any one brand furnished to a retailer
24-62 in any one calendar year may not exceed $78. Not more than once a
24-63 year, the administrator on the administrator's own motion or on the
24-64 motion of the permittee may increase or decrease the total amount
24-65 of advertising specialties permitted under this subsection by not
24-66 more than six percent based on the consumer price index and
24-67 previous adjustments, if any. For the purposes of this subsection,
24-68 "consumer price index" means the annual average over a calendar
24-69 year of the consumer price index (all items, United States city
24-70 average) published monthly by the Bureau of Labor Statistics,
25-1 United States Department of Labor, or its successor in function.
25-2 Permittees covered by Subsection (a) of this section may not pool
25-3 or combine their dollar limitations to provide a retailer with
25-4 advertising specialties valued in excess of the maximum permitted
25-5 under this subsection <recipes, recipe books, book matches,
25-6 cocktail napkins, or other advertising items showing the name of
25-7 the permittee furnishing the items or the brand name of the product
25-8 advertised if the individual cost of the items does not exceed 25
25-9 cents>.
25-10 (d) A permittee covered under Subsection (a) of this section
25-11 may offer prizes, premiums, or gifts to a consumer if the offer is
25-12 national in scope and legally offered and conducted in 30 states or
25-13 more. The use of rebates or coupons redeemable by the public for
25-14 the purchase of alcoholic beverages is prohibited. The holder of a
25-15 winery permit may furnish to a retailer without cost recipes,
25-16 recipe books, book matches, cocktail napkins, or other advertising
25-17 items showing the name of the winery furnishing the items or the
25-18 brand name of the product advertised if the individual cost of the
25-19 items does not exceed $1.
25-20 (e) A permittee covered under Subsection (a) of this section
25-21 may conduct a sweepstakes promotion if the promotion is part of a
25-22 nationally conducted promotional activity legally offered and
25-23 conducted at the same time in 30 or more states. A purchase or
25-24 entry fee may not be required of any person to enter a sweepstakes
25-25 event authorized under this subsection. A person affiliated with
25-26 the alcoholic beverage industry may not receive a prize from a
25-27 sweepstakes promotion.
25-28 (f) Notwithstanding Subsection (a) of this section, Section
25-29 108.05 of this code, or any other provision of this code, a holder
25-30 of a brewer's permit, nonresident brewer's permit, distiller's and
25-31 rectifier's permit, winery permit, nonresident seller's permit,
25-32 manufacturer's license, or nonresident manufacturer's license may,
25-33 in order to promote the brand name of the permittee's or licensee's
25-34 products, contract with a person licensed under the Texas Racing
25-35 Act (Article 179e, Vernon's Texas Civil Statutes) for on-site
25-36 advertising signs, for advertising in programs, and to supplement
25-37 purses for races even though the licensees under that Act or the
25-38 owners or operators of the racing facilities also hold a mixed
25-39 beverage permit or other permit or license under this code. In
25-40 addition, a permittee or licensee described by this subsection may
25-41 contract for off-site advertising promoting specific races. A part
25-42 of the cost of an advertisement or promotion authorized by this
25-43 section may not be charged to or paid, directly or indirectly, by
25-44 the holder of a wholesale permit, general class B wholesaler's
25-45 permit, local class B wholesaler's permit, local distributor's
25-46 permit, general distributor's license, or local distributor's
25-47 license, except through the price paid by that holder for products
25-48 purchased from the holder's supplier.
25-49 SECTION 64. Subchapter A, Chapter 102, Alcoholic Beverage
25-50 Code, is amended by adding Section 102.19 to read as follows:
25-51 Sec. 102.19. RESTOCKING AND ROTATION OF ALCOHOLIC BEVERAGES
25-52 AUTHORIZED. Restocking of a display and rotation of alcoholic
25-53 beverage stock in a retail establishment from the retailer's
25-54 storeroom, salesroom, display counter, or cooler by a
25-55 representative of a wholesaler or distributor is lawful. The
25-56 commission or administrator may publish guidelines regarding this
25-57 activity as the commission or administrator determines to be
25-58 necessary.
25-59 SECTION 65. Section 102.52, Alcoholic Beverage Code, is
25-60 amended to read as follows:
25-61 Sec. 102.52. Rights of Distributors. <(a)> Nothing in
25-62 Section 102.51 of this code limits or alters the right of a holder
25-63 of a general, local, or branch distributor's license to sell beer
25-64 to any other holder of a general, local, or branch distributor's
25-65 license, except that a distributor who has purchased beer from
25-66 another distributor may distribute and sell the beer only within a
25-67 territory for which the manufacturer of the brand has designated
25-68 that it may be sold by the general, local, or branch distributor
25-69 making the purchase <a distributor>.
25-70 <(b) A holder of general, local, or branch distributor's
26-1 license may not purchase, possess, transport, or sell any brand of
26-2 beer outside of the county in which the distributor's licensed
26-3 premises are located unless the distributor has a written assigned
26-4 territory from the holder of a manufacturer's or nonresident
26-5 manufacturer's license covering that brand of beer.>
26-6 SECTION 66. Chapter 104, Alcoholic Beverage Code, is amended
26-7 by adding Section 104.05 to read as follows:
26-8 Sec. 104.05. SALE IN ORIGINAL PACKAGING. (a) This section
26-9 applies to a permittee or licensee who is authorized to sell beer,
26-10 malt liquor, or ale to an ultimate consumer for consumption off the
26-11 permitted or licensed premises.
26-12 (b) The holder of a permit or license described in
26-13 Subsection (a) of this section may resell beer, malt liquor, or ale
26-14 only in the packaging in which the holder received the beer, malt
26-15 liquor, or ale or may resell the contents of the packages as
26-16 individual containers.
26-17 (c) Except for purposes of resale as individual containers,
26-18 a licensee or permittee may not:
26-19 (1) mutilate, tear apart, or cut apart original
26-20 packaging in which beer, malt liquor, or ale was received; or
26-21 (2) repackage beer, malt liquor, or ale in a manner
26-22 misleading to the consumer or that results in required labeling
26-23 being omitted or obscured.
26-24 (d) Nothing in this code prevents a retailer from making a
26-25 claim for the replacement of alcoholic beverages delivered to the
26-26 retailer by a wholesaler or distributor in a damaged condition. A
26-27 wholesaler or distributor may not give a refund for or replace
26-28 alcoholic beverages that were damaged while in the possession of
26-29 the retailer.
26-30 (e) To assure and control product quality, the holder of a
26-31 distributor's license, wholesaler's permit, or class B wholesaler's
26-32 permit, at the time of a regular delivery, may withdraw, with the
26-33 permission of the retailer, a quantity of beer, ale, or malt liquor
26-34 in its undamaged original packaging from the retailer's stock, if:
26-35 (1) the distributor, wholesaler, or class B wholesaler
26-36 replaces the stock with beer, ale, or malt liquor of identical
26-37 brands, quantities, and packages as the beer, ale, or malt liquor
26-38 withdrawn;
26-39 (2) the stock is withdrawn before the date considered
26-40 by the manufacturer of the product to be the date the product
26-41 becomes inappropriate for sale to a consumer; and
26-42 (3) the quantity of stock withdrawn does not exceed
26-43 the equivalent of 15 cases of 24 12-ounce containers.
26-44 (f) A consignment sale of an alcoholic beverage is not
26-45 authorized under Subsection (e) of this section.
26-46 SECTION 67. Section 105.02(a), Alcoholic Beverage Code, is
26-47 amended to read as follows:
26-48 (a) Except as provided by Subsection (b) of this section, a
26-49 wholesaler or a local distributor's permittee may sell, offer for
26-50 sale, or deliver liquor to a retailer between 5 a. m. <7 a. m.> and
26-51 9 p. m. on any day except Sunday and Christmas Day.
26-52 SECTION 68. Section 105.03(b), Alcoholic Beverage Code, is
26-53 amended to read as follows:
26-54 (b) A mixed beverage permittee may sell and offer for sale
26-55 mixed beverages between 7 a.m. and midnight on any day except
26-56 Sunday. On Sunday he may sell mixed beverages between midnight and
26-57 1:00 a.m. and between 10 a.m. <noon> and midnight, except that an
26-58 alcoholic beverage served to a customer between 10 a.m. and 12 noon
26-59 on Sunday must be provided during the service of food to the
26-60 customer.
26-61 SECTION 69. Section 105.04, Alcoholic Beverage Code, is
26-62 amended to read as follows:
26-63 Sec. 105.04. Hours of Sale: Wine and Beer Retailer. The
26-64 hours of sale and delivery for alcoholic beverages sold under a
26-65 wine and beer retailer's permit or a wine and beer retailer's
26-66 off-premise permit are the same as those prescribed for the sale of
26-67 beer under Section 105.05 of this code, except that no sale shall
26-68 be allowed between 2 a.m. and noon on Sunday.
26-69 SECTION 70. Section 105.05(b), Alcoholic Beverage Code, is
26-70 amended to read as follows:
27-1 (b) A person may sell, offer for sale, or deliver beer
27-2 between 7 a.m. and midnight on any day except Sunday. On Sunday
27-3 he may sell beer between midnight and 1:00 a.m. and between noon
27-4 and midnight, except that permittees or licensees authorized to
27-5 sell for on-premise consumption may sell beer between 10:00 a.m.
27-6 and noon if the beer is served to a customer during the service of
27-7 food to the customer.
27-8 SECTION 71. Section 105.05(d), Alcoholic Beverage Code, is
27-9 amended to read as follows:
27-10 (d) In a county having a population of less than 300,000,
27-11 according to the last preceding federal census, the extended hours
27-12 prescribed in Subsection (c) of this section or any part of the
27-13 extended hours prescribed in Subsection (c) of this section are
27-14 effective for the sale, offer to sell, and delivery of beer by a
27-15 holder of a retail dealer's on-premise late hours license:
27-16 (1) in the unincorporated areas of the county if the
27-17 extended hours are adopted by an order of the commissioners court;
27-18 and
27-19 (2) in an incorporated city or town if the extended
27-20 hours are adopted by an ordinance of the governing body of the city
27-21 or town.
27-22 SECTION 72. Chapter 105, Alcoholic Beverage Code, is amended
27-23 by adding Section 105.051 to read as follows:
27-24 Sec. 105.051. SALE OF BEER BY DISTRIBUTOR'S LICENSEE. In
27-25 addition to the hours specified for the sale of beer in Section
27-26 105.05(b) of this code, the holder of a general, local, or branch
27-27 distributor's license may sell, offer for sale, or deliver beer
27-28 beginning at 5 a. m. on any day except Sunday.
27-29 SECTION 73. Section 106.02(c), Alcoholic Beverage Code, is
27-30 amended to read as follows:
27-31 (c) If a person has been previously convicted of a violation
27-32 of this section, or of Section 106.04 or 106.05 of this code, a
27-33 violation is a misdemeanor punishable by a fine of not less than
27-34 $250 <$100> nor more than $1,000 <$500>.
27-35 SECTION 74. Chapter 106, Alcoholic Beverage Code, is amended
27-36 by adding Section 106.025 to read as follows:
27-37 Sec. 106.025. ATTEMPT TO PURCHASE ALCOHOL BY A MINOR.
27-38 (a) A minor commits an offense if, with specific intent to commit
27-39 an offense under Section 106.02 of this code, the minor does an act
27-40 amounting to more than mere preparation that tends but fails to
27-41 effect the commission of the offense intended.
27-42 (b) Except as provided by Subsection (c) of this section, a
27-43 violation of this section is a misdemeanor punishable by a fine of
27-44 not less than $25 nor more than $200.
27-45 (c) If a person has previously been convicted of a violation
27-46 of this section, a violation is a misdemeanor punishable by a fine
27-47 of not less than $250 nor more than $1,000.
27-48 SECTION 75. Section 106.04(d), Alcoholic Beverage Code, is
27-49 amended to read as follows:
27-50 (d) If a person has been previously convicted of a violation
27-51 of this section, or of Section 106.02 or 106.05 of this code, a
27-52 violation is a misdemeanor punishable by a fine of not less than
27-53 $500 <$100> nor more than $1,000 <$500>.
27-54 SECTION 76. Section 106.05(d), Alcoholic Beverage Code, is
27-55 amended to read as follows:
27-56 (d) If a person has been previously convicted of a violation
27-57 of this section, or of Section 106.02 or 106.04 of this code, a
27-58 violation is a misdemeanor punishable by a fine of not less than
27-59 $500 <$100> nor more than $1,000 <$500>.
27-60 SECTION 77. Section 106.06(a), Alcoholic Beverage Code, is
27-61 amended to read as follows:
27-62 (a) Except as provided in Subsection (b) of this section, a
27-63 person commits an offense if he purchases an alcoholic beverage for
27-64 or gives or with criminal negligence <knowingly> makes available an
27-65 alcoholic beverage to a minor.
27-66 SECTION 78. Section 106.115, Alcoholic Beverage Code, is
27-67 amended to read as follows:
27-68 Sec. 106.115. Attendance at Alcohol Awareness
27-69 Course; LICENSE SUSPENSION. (a) On the first conviction of a
27-70 minor of an offense under Section 106.02, 106.04, or 106.05 of this
28-1 code, the court, in addition to <instead of> assessing a fine as
28-2 provided by those sections, may require the defendant to attend an
28-3 alcohol awareness course approved by the Texas Commission on
28-4 Alcohol and Drug Abuse or a similar alcohol awareness course
28-5 approved by the court. If the defendant is younger than 18 years
28-6 of age, the parent or guardian of the defendant may attend the
28-7 course with the defendant. The court shall require the defendant
28-8 to present evidence to the court, in the manner prescribed by the
28-9 court, of satisfactory participation in and completion of the
28-10 course.
28-11 (b) If the conviction under Section 106.02, 106.04, or
28-12 106.05 of this code is for a second or subsequent offense, the
28-13 court shall require the defendant to participate in an alcohol
28-14 awareness course in addition to paying the fine assessed under that
28-15 section. If the defendant is younger than 18 years of age, the
28-16 parent or guardian of the defendant may attend the course with the
28-17 defendant.
28-18 (c) If the defendant resides in a rural or other area in
28-19 which access to an alcohol awareness course is not readily
28-20 available, the court may require the defendant to perform eight to
28-21 12 hours of community service instead of participating in an
28-22 alcohol awareness course.
28-23 (d) When requested, an alcohol awareness course may be
28-24 taught in languages other than English.
28-25 (e) If the court orders a defendant to attend an alcohol
28-26 awareness course or to perform community service, the court shall
28-27 require the defendant to present to the court, within 90 days of
28-28 the date of final conviction, evidence in the form prescribed by
28-29 the court that the defendant, as ordered by the court, has
28-30 satisfactorily completed an alcohol awareness course or performed
28-31 the required hours of community service.
28-32 SECTION 79. Section 106.13(a), Alcoholic Beverage Code, is
28-33 amended to read as follows:
28-34 (a) Except as provided in Subsections (b) and (c) of this
28-35 section, the commission or administrator may cancel or suspend for
28-36 not more than 60 days a retail license or permit or a private club
28-37 registration permit if it is found, on notice and hearing, that the
28-38 licensee or permittee with criminal negligence <knowingly> sold,
28-39 served, dispensed, or delivered an alcoholic beverage to a minor in
28-40 violation of this code or with criminal negligence <knowingly>
28-41 permitted a minor to violate Section 106.04 or 106.05 of this code
28-42 on the licensed premises.
28-43 SECTION 80. Section 106.14, Alcoholic Beverage Code, is
28-44 amended by adding Subsection (d) to read as follows:
28-45 (d) The commission may approve under this section a seller
28-46 training program conducted by a hotel management company or a hotel
28-47 operating company for the employees of five or more hotels operated
28-48 or managed by the company if:
28-49 (1) the seller training program is administered
28-50 through the corporate offices of the company; and
28-51 (2) the hotels employ a total of at least 200 persons
28-52 at one time during the license or permit year who sell, serve, or
28-53 prepare alcoholic beverages.
28-54 SECTION 81. Chapter 107, Alcoholic Beverage Code, is amended
28-55 by adding Sections 107.09, 107.10, and 107.11 to read as follows:
28-56 Sec. 107.09. SINGLE INVOICE AUTHORIZED. If the holder of a
28-57 general, local, or branch distributor's license also holds a
28-58 wholesaler's, general class B wholesaler's, or local class B
28-59 wholesaler's permit, a written statement or invoice required as
28-60 evidence of the sale of beer or liquor may be on the same business
28-61 form that is designed to reflect the sale of both liquor and beer,
28-62 if all information required by this code to be shown on a statement
28-63 or invoice is reflected on the form and all other records required
28-64 by this code are maintained.
28-65 Sec. 107.10. TRANSPORTATION OF WINE COOLERS OR SPIRIT
28-66 COOLERS. (a) A holder of a wholesaler's, general class B
28-67 wholesaler's, or local class B wholesaler's permit may transport
28-68 and sell wine coolers without a prior order if the holder complies
28-69 with the provisions of this code and rules of the commission
28-70 applicable to the transportation and sale of beer by a holder of a
29-1 distributor's license.
29-2 (b) A holder of a wholesaler's permit may transport and sell
29-3 spirit coolers without a prior order if the holder complies with
29-4 the provisions of this code and rules of the commission applicable
29-5 to the transportation and sale of beer by a holder of a
29-6 distributor's license.
29-7 Sec. 107.11. IMPORTATION OF PERSONAL WINE COLLECTION.
29-8 (a) A person who is relocating a household may import, or contract
29-9 with a motor carrier or another person to import, a personal wine
29-10 collection as a part of that person's household goods.
29-11 (b) Section 107.07 of this code does not apply to a person
29-12 who is importing a personal wine collection under Subsection (a) of
29-13 this section.
29-14 SECTION 82. Section 108.03, Alcoholic Beverage Code, is
29-15 amended to read as follows:
29-16 Sec. 108.03. Regulation of Promotional Activities. The
29-17 commission shall adopt rules permitting and regulating the use of
29-18 business cards, menu cards, stationery, service vehicles and
29-19 equipment, and delivery vehicles and equipment that bear alcoholic
29-20 beverage advertising. The commission shall also adopt rules
29-21 permitting and regulating the use of insignia advertising beer,
29-22 distilled spirits, or wine by brand name on caps, regalia, or
29-23 uniforms worn by employees of manufacturers, <or> distributors,
29-24 distillers, or wineries or by participants in a game, sport,
29-25 athletic contest, or revue if the participants are sponsored by a
29-26 manufacturer, <or> distributor, distiller, or winery.
29-27 SECTION 83. Subchapter A, Chapter 108, Alcoholic Beverage
29-28 Code, is amended by adding Section 108.061 to read as follows:
29-29 Sec. 108.061. NATIONALLY CONDUCTED SWEEPSTAKES PROMOTIONS
29-30 AUTHORIZED. Notwithstanding the prohibition against prizes given
29-31 to a consumer in Section 108.06 of this code and subject to the
29-32 rules of the commission, a manufacturer or nonresident manufacturer
29-33 may offer a prize to a consumer if the offer is a part of a
29-34 nationally conducted promotional sweepstakes activity legally
29-35 offered and conducted at the same time period in 30 or more states.
29-36 A purchase or entry fee may not be required of any person to enter
29-37 in a sweepstakes authorized under this section. A person
29-38 affiliated with the alcoholic beverage industry may not receive a
29-39 prize from a sweepstakes promotion.
29-40 SECTION 84. Subchapter A, Chapter 108, Alcoholic Beverage
29-41 Code, is amended by adding Section 108.08 to read as follows:
29-42 Sec. 108.08. ADVERTISING IN CERTAIN ECONOMIC DEVELOPMENT
29-43 FACILITIES. (a) Notwithstanding any other provision of this code
29-44 or any rule adopted under the authority of this code, the
29-45 provisions of this code relating to the regulation of or
29-46 limitations on outdoor advertising signage, advertising revenue, or
29-47 advertising signage in or on a licensed premises do not apply to an
29-48 entity which owns a professional sports franchise which plays a
29-49 majority of its home games in a municipally owned or leased
29-50 regional economic development facility that is in a station or
29-51 terminal complex of a rapid transit authority and to which
29-52 Subsection (e), Section 6C, Chapter 141, Acts of the 63rd
29-53 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
29-54 Civil Statutes), applies or to such a facility.
29-55 (b) A part of the cost of advertising revenue paid by a
29-56 manufacturer to an entity under this section may not be charged to
29-57 or paid, directly or indirectly, by the holder of a wholesaler's
29-58 permit, general class B wholesaler's permit, local class B
29-59 wholesaler's permit, local distributor's permit, general
29-60 distributor's license, or local distributor's license, except
29-61 through the price paid by that holder for products purchased from
29-62 the holders' supplier.
29-63 SECTION 85. Section 108.51(1), Alcoholic Beverage Code, is
29-64 amended to read as follows:
29-65 (1) "Outdoor advertising" means any sign bearing a
29-66 word, mark, description, or other device that is used to advertise
29-67 an alcoholic beverage or the business of a person who manufactures,
29-68 sells, or distributes an alcoholic beverage if the sign is
29-69 displayed outside the walls or enclosure of a building or structure
29-70 where a license or permit is issued or if it is displayed inside a
30-1 building but within five feet of an exterior wall facing a street
30-2 or highway so that it is visible by a person of ordinary vision
30-3 from outside the building. "Outdoor advertising" does not include
30-4 advertising appearing on radio or television, in a public vehicular
30-5 conveyance for hire, on a race car while participating at a
30-6 professional racing event or at a permanent motorized racetrack
30-7 facility, on a boat participating in a racing event or a boat show,
30-8 on an aircraft participating in an air show, on a bicycle or on the
30-9 clothing of a member of a bicycle team participating in an
30-10 organized bicycle race, or in a newspaper, magazine, or other
30-11 literary publication published periodically. For the purpose of
30-12 this definition the word "sign," with respect to a retailer, does
30-13 not include an identifying label affixed to a container as
30-14 authorized by law or to a card or certificate of membership in an
30-15 association or organization if the card or certificate is not
30-16 larger than 80 square inches.
30-17 SECTION 86. Subchapter A, Chapter 109, Alcoholic Beverage
30-18 Code, is amended by adding Section 109.08 to read as follows:
30-19 Sec. 109.08. EXCLUSION. Notwithstanding any other provision
30-20 of this code, no person engaged in business as a distiller, brewer,
30-21 manufacturer, winery, or any other manufacturing level producer of
30-22 liquor or beer, or their wholesalers, may directly or indirectly or
30-23 through an affiliate require, by agreement or otherwise, that any
30-24 retailer engaged in the sale of liquor or beer purchase any such
30-25 products from such person to the exclusion in whole or in part of
30-26 liquor or beer sold or offered for sale by other persons, or
30-27 prevent, deter, hinder, or restrict other persons from selling or
30-28 offering for sale any such products to any retailer.
30-29 SECTION 87. Subchapter C, Chapter 109, Alcoholic Beverage
30-30 Code, is amended by adding Section 109.35 to read as follows:
30-31 Sec. 109.35. ORDERS FOR PROHIBITION ON CONSUMPTION. (a) If
30-32 the governing body of a municipality determines that the public
30-33 consumption of alcoholic beverages in the central business district
30-34 of the municipality is a risk to the health and safety of the
30-35 citizens of the municipality, the governing body may petition for
30-36 the adoption of an order by the commission that prohibits the
30-37 public consumption of alcoholic beverages in that central business
30-38 district.
30-39 (b) If a municipality submits a petition for an order of the
30-40 commission to prohibit the public consumption of alcoholic
30-41 beverages in the central business district of the city and attaches
30-42 to the petition a map, plat, or diagram showing the central
30-43 business district that is to be covered by the prohibition, the
30-44 commission shall approve and issue the order without further
30-45 consideration unless the commission finds that the map, plat, or
30-46 diagram improperly identifies the central business district.
30-47 (c) The commission's order may not prohibit the consumption
30-48 of alcoholic beverages in motor vehicles, buildings not owned or
30-49 controlled by the municipality, residential structures, or licensed
30-50 premises located in the area of prohibition.
30-51 (d) In this section, "central business district" means a
30-52 compact and contiguous geographical area of a municipality in which
30-53 at least 90 percent of the land is used or zoned for commercial
30-54 purposes and that is the area that has historically been the
30-55 primary location in the municipality where business has been
30-56 transacted.
30-57 SECTION 88. Section 109.53, Alcoholic Beverage Code, is
30-58 amended to read as follows:
30-59 Sec. 109.53. Citizenship of Permittee; Control of Premises;
30-60 Subterfuge Ownership; Etc. No person who has not been a citizen of
30-61 Texas for a period of one year <three years> immediately preceding
30-62 the filing of his application therefor shall be eligible to receive
30-63 a permit under this code. No permit except a brewer's permit, and
30-64 such other licenses and permits as are necessary to the operation
30-65 of a brewer's permit, shall be issued to a corporation unless the
30-66 same be incorporated under the laws of the state and unless at
30-67 least 51 percent of the stock of the corporation is owned at all
30-68 times by citizens who have resided within the state for a period of
30-69 one year <three years> and who possess the qualifications required
30-70 of other applicants for permits; provided, however, that the
31-1 restrictions contained in the preceding clause shall not apply to
31-2 domestic or foreign corporations that were engaged in the legal
31-3 alcoholic beverage business in this state under charter or permit
31-4 prior to August 24, 1935. Partnerships, firms, and associations
31-5 applying for permits shall be composed wholly of citizens
31-6 possessing the qualifications above enumerated. Any corporation
31-7 (except carrier) holding a permit under this code which shall
31-8 violate any provisions hereof, or any rule or regulation
31-9 promulgated hereunder, shall be subject to forfeiture of its
31-10 charter and it shall be the duty of the attorney general, when any
31-11 such violation is called to his attention, to file a suit for such
31-12 cancellation in a district court of Travis County. Such provisions
31-13 of this section as require Texas citizenship or require
31-14 incorporation in Texas shall not apply to the holders of agent's,
31-15 industrial, medicinal and carrier's permits. No person shall sell,
31-16 warehouse, store or solicit orders for any liquor in any wet area
31-17 without first having procured a permit of the class required for
31-18 such privilege, or consent to the use of or allow his permit to be
31-19 displayed by or used by any person other than the one to whom the
31-20 permit was issued. It is the intent of the legislature to prevent
31-21 subterfuge ownership of or unlawful use of a permit or the premises
31-22 covered by such permit; and all provisions of this code shall be
31-23 liberally construed to carry out this intent, and it shall be the
31-24 duty of the commission or the administrator to provide strict
31-25 adherence to the general policy of preventing subterfuge ownership
31-26 and related practices hereinafter declared to constitute unlawful
31-27 trade practices. No applicant for a package store permit or a
31-28 renewal thereof shall have authority to designate as "premise" and
31-29 the commission or administrator shall not approve a lesser area
31-30 than that specifically defined as "premise" in Section 11.49(a) of
31-31 this code. Every permittee shall have and maintain exclusive
31-32 occupancy and control of the entire licensed premises in every
31-33 phase of the storage, distribution, possession, and transportation
31-34 and sale of all alcoholic beverages purchased, stored or sold on
31-35 the licensed premises. Any device, scheme or plan which surrenders
31-36 control of the employees, premises or business of the permittee to
31-37 persons other than the permittee shall be unlawful. No minor,
31-38 unless accompanied by his or her parent, guardian, adult husband or
31-39 adult wife, or other adult person into whose custody he or she has
31-40 been committed for the time by some court, shall knowingly be
31-41 allowed on the premises of the holder of a package store permit.
31-42 The prohibition against the presence of a minor on the premises of
31-43 the holder of a package store permit does not apply to the presence
31-44 on the premises of the holder or a person lawfully employed by the
31-45 holder. Any package store permittee who shall be injured in his
31-46 business or property by another package store permittee by reason
31-47 of anything prohibited in this section may institute suit in any
31-48 district court in the county wherein the violation is alleged to
31-49 have occurred to require enforcement by injunctive procedures
31-50 and/or to recover threefold the damages by him sustained; plus
31-51 costs of suit including a reasonable attorney's fee. The
31-52 provisions prohibiting the licensing of only a portion of a
31-53 building as premise for a package store permit shall not apply to
31-54 hotels as already defined in this code.
31-55 SECTION 89. Subchapter D, Chapter 109, Alcoholic Beverage
31-56 Code, is amended by adding Sections 109.531 and 109.532 to read as
31-57 follows:
31-58 Sec. 109.531. ADDITIONAL REQUIREMENTS FOR APPLICATION OR
31-59 RENEWAL OF PERMIT OR LICENSE BY OUT-OF-STATE RESIDENTS. In
31-60 addition to any other requirement for a license or permit under
31-61 this code, a person who has not been a citizen of this state for a
31-62 period of one year preceding the date the person filed an
31-63 application for a permit or license under Chapters 25-34, 44,
31-64 48-51, 69-72, or Chapter 74 of this code shall:
31-65 (1) designate an agent, who is a citizen of this
31-66 state, to represent the person in matters before the commission and
31-67 to be responsible for the proper conduct of any activity of the
31-68 licensee or permittee; and
31-69 (2) submit to a criminal history background check.
31-70 Sec. 109.532. CRIMINAL HISTORY BACKGROUND CHECKS. (a) The
32-1 commission shall establish a uniform method of obtaining criminal
32-2 history information. The uniform method must require:
32-3 (1) either a complete set of fingerprints or the
32-4 complete name of the person being investigated to be submitted to
32-5 the Department of Public Safety or to another law enforcement
32-6 agency; and
32-7 (2) if fingerprints are submitted, the fingerprints
32-8 must be submitted to the Federal Bureau of Investigation for
32-9 further information if a relevant disqualifying record or other
32-10 substantive information is not obtained from a state or local law
32-11 enforcement agency.
32-12 (b) The commission may deny a license or permit or the
32-13 renewal of a license or permit for an applicant if:
32-14 (1) the commission determines that a previous criminal
32-15 conviction or deferred adjudication indicates that the applicant is
32-16 not qualified or suitable for a license or permit; or
32-17 (2) the applicant fails to provide a complete set of
32-18 fingerprints if the commission establishes that method of obtaining
32-19 conviction information.
32-20 (c) All criminal history information received by the
32-21 commission is privileged information and is for the exclusive use
32-22 of the commission. The information may be released or otherwise
32-23 disclosed to any other person or agency only:
32-24 (1) on court order; or
32-25 (2) with the consent of the person being investigated.
32-26 (d) The commission shall collect and destroy criminal
32-27 history information relating to a person immediately after the
32-28 commission makes a decision on the eligibility of the person for
32-29 registration.
32-30 (e) A person commits an offense if the person releases or
32-31 discloses in violation of this section criminal history information
32-32 received by the commission. An offense under this subsection is a
32-33 felony of the second degree.
32-34 (f) The commission may charge a fee to cover the cost of a
32-35 criminal history background check.
32-36 SECTION 90. Subchapter D, Chapter 109, Alcoholic Beverage
32-37 Code, is amended by adding Section 109.58 to read as follows:
32-38 Sec. 109.58. RELAXATION OF RESTRICTIONS AS TO CHARITABLE
32-39 EVENTS. The commission by rule may set definite limitations
32-40 consistent with the general provisions of this code that relax the
32-41 restrictions of this code with respect to the making of a gift to
32-42 civic, religious, or charitable organizations by the liquor or the
32-43 wine industry.
32-44 SECTION 91. Subchapter D, Chapter 109, Alcoholic Beverage
32-45 Code, is amended by adding Section 109.59 to read as follows:
32-46 Sec. 109.59. APPLICATION OF DISTANCE REQUIREMENTS. If at
32-47 the time an original alcoholic beverage permit or license is
32-48 granted for a premises the premises satisfies the requirements
32-49 regarding distance from schools, churches, and other types of
32-50 premises established in this code and any other law or ordinance of
32-51 the state or a political subdivision of the state in effect at that
32-52 time, the premises shall be deemed to satisfy the distance
32-53 requirements for all subsequent renewals of the license or permit.
32-54 On the sale or transfer of the premises or the business on the
32-55 premises in which a new original license or permit is required for
32-56 the premises, the premises shall be deemed to satisfy any distance
32-57 requirements as if the issuance of the new original permit or
32-58 license were a renewal of a previously held permit or license.
32-59 SECTION 92. Subchapter A, Chapter 201, Alcoholic Beverage
32-60 Code, is amended by adding Section 201.011 to read as follows:
32-61 Sec. 201.011. TIMELY FILING: DILIGENCE. A person filing a
32-62 report or making a tax payment complies with the filing
32-63 requirements for timeliness for a report not filed or a payment not
32-64 made on time if the person exercised reasonable diligence to comply
32-65 with the filing requirements and the failure to file or the making
32-66 of a late payment is not the fault of the person.
32-67 SECTION 93. Subchapter A, Chapter 201, Alcoholic Beverage
32-68 Code, is amended by adding Section 201.075 to read as follows:
32-69 Sec. 201.075. SUMMARY SUSPENSION. (a) The commission may
32-70 summarily suspend, without a hearing, the permit of a permittee who
33-1 fails to file a report or return or to make a tax payment required
33-2 by this subchapter. The Administrative Procedure and Texas
33-3 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) does
33-4 not apply to the commission in the enforcement and administration
33-5 of this section.
33-6 (b) A suspension under this section takes effect on the
33-7 third day after the date the notice of suspension is given. The
33-8 notice shall be given to the permittee or the permittee's agent or
33-9 employee by registered or certified mail if not given in person.
33-10 (c) The commission shall terminate a suspension made under
33-11 this section when the permittee files all required returns and
33-12 makes all required tax payments that are due.
33-13 SECTION 94. Subchapter B, Chapter 201, Alcoholic Beverage
33-14 Code, is amended by adding Section 201.53 to read as follows:
33-15 Sec. 201.53. SUMMARY SUSPENSION. (a) The commission may
33-16 summarily suspend, without a hearing, the permit of a permittee who
33-17 fails to file a report or return or to make a tax payment required
33-18 by this subchapter. The Administrative Procedure and Texas
33-19 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) does
33-20 not apply to the commission in the enforcement and administration
33-21 of this section.
33-22 (b) A suspension under this section takes effect on the
33-23 third day after the date the notice of suspension is given. The
33-24 notice shall be given to the permittee or the permittee's agent or
33-25 employee by registered or certified mail if not given in person.
33-26 (c) The commission shall terminate a suspension made under
33-27 this section when the permittee files all required returns and
33-28 makes all required tax payments that are due.
33-29 SECTION 95. Chapter 203, Alcoholic Beverage Code, is amended
33-30 by adding Section 203.13 to read as follows:
33-31 Sec. 203.13. SUMMARY SUSPENSION. (a) The commission may
33-32 summarily suspend, without a hearing, the license of a licensee who
33-33 fails to file a report or return or to make a tax payment required
33-34 by this subchapter. The Administrative Procedure and Texas
33-35 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) does
33-36 not apply to the commission in the enforcement and administration
33-37 of this section.
33-38 (b) A suspension under this section takes effect on the
33-39 third day after the date the notice of suspension is given. The
33-40 notice shall be given to the licensee or the licensee's agent or
33-41 employee by registered or certified mail if not given in person.
33-42 (c) The commission shall terminate a suspension made under
33-43 this section when the licensee files all required returns and makes
33-44 all required tax payments that are due.
33-45 SECTION 96. Sections 204.01(a), (b), (c), (d), (f), (g),
33-46 (h), and (i), Alcoholic Beverage Code, are amended to read as
33-47 follows:
33-48 (a) Except as otherwise provided in this section, the
33-49 following licensees and permittees shall furnish a bond:
33-50 (1) those authorized to import alcoholic beverages
33-51 into the state;
33-52 (2) manufacturers of beer and brewers of ale or malt
33-53 liquor in the state; and
33-54 (3) <permittees subject to the gross receipts tax on
33-55 mixed beverages imposed by Section 202.02 of this code; and>
33-56 <(4)> all other permittees.
33-57 (b) No bond is required of a holder of a mixed beverage,
33-58 private club registration, carriers, local cartage, wine and beer
33-59 retailers, nonresident seller's, manufacturer's agent's, or agent's
33-60 permit.
33-61 (c) No bond is required of a retail licensee or permittee
33-62 who is not responsible for the primary payment of an alcoholic
33-63 beverage excise tax to this state. <This subsection does not
33-64 exempt permittees subject to the gross receipts tax on mixed
33-65 beverages imposed by Section 202.02 of this code.>
33-66 (d) The <A permittee required to furnish a bond to secure
33-67 the payment of the gross receipts tax on mixed beverages, the>
33-68 holder of a wholesaler's or class B wholesaler's permit, or the
33-69 holder of a distributor's license may furnish, in lieu of all or
33-70 part of the amount of the bond required:
34-1 (1) one or more certificates of deposit or savings
34-2 assigned to the state, issued by one or more banks or savings
34-3 institutions authorized to do business in this state; or
34-4 (2) one or more letters of credit issued by one or
34-5 more banks or savings institutions authorized to do business in
34-6 this state.
34-7 (f) The <A permittee subject to the gross receipts tax on
34-8 mixed beverages imposed by Section 202.02 of this code, the> holder
34-9 of a wholesaler's or class B wholesaler's permit, or the holder of
34-10 a distributor's license is not required to furnish a bond if for
34-11 the preceding 36 months the permittee or licensee has paid all
34-12 taxes and fees required by this code on or before the due date. <A
34-13 finding of deficiency under Section 202.09 of this code does not
34-14 constitute a failure to pay a tax when due for purposes of this
34-15 subsection or Subsection (g) or (h) of this section if the
34-16 deficiency and any applicable penalty are paid within 10 days of
34-17 the date of demand for payment by the commission.>
34-18 (g) An exemption under Subsection (f) of this section
34-19 terminates and the permittee or licensee must furnish a bond or tax
34-20 security if the permittee or licensee fails to pay a tax or fee
34-21 imposed by this code on or before the due date.
34-22 (h) A permittee or licensee required to furnish a bond or
34-23 tax security under Subsection (g) of this section is again entitled
34-24 to exemption from the surety requirement if the permittee or
34-25 licensee:
34-26 (1) pays all delinquent taxes and fees and any
34-27 applicable penalties; and
34-28 (2) pays all taxes and fees required by this code on
34-29 or before the due date for 18 consecutive months after the month in
34-30 which the delinquent taxes and fees and the penalties are paid.
34-31 (i) A permittee or licensee who qualifies for an exemption
34-32 under Subsection (f) of this section is also exempt from the
34-33 bonding requirement for any other <mixed beverage permit,>
34-34 wholesaler's permit, class B wholesaler's permit, or distributor's
34-35 license currently held by or subsequently issued to the same
34-36 permittee or licensee for use at licensed premises different from
34-37 and additional to those covered by the permit or license under
34-38 which the permittee or licensee qualified for exemption. However,
34-39 if a permittee or licensee fails to pay a tax or fee imposed by
34-40 this code on or before the due date and the permittee or licensee
34-41 holds multiple permits or licenses, the requirement for a bond or
34-42 tax security shall be imposed or reimposed under Subsection (g) of
34-43 this section only on the permit or license covering the licensed
34-44 premises for which the tax or fee and any applicable penalty were
34-45 not timely paid.
34-46 SECTION 97. Section 204.03(d), Alcoholic Beverage Code, is
34-47 amended to read as follows:
34-48 (d) Bonds, letters of credit, or certificates of deposit to
34-49 insure the payment of the tax on distilled spirits imposed by
34-50 Section 201.03 of this code, the tax on vinous liquor imposed by
34-51 Section 201.04 of this code, the tax on ale and malt liquor imposed
34-52 by Section 201.42 of this code, or the tax on beer imposed by
34-53 Section 203.01 of this code, shall be set at an amount that will
34-54 protect the state against the anticipated tax liability of the
34-55 principal for any six-week period.
34-56 SECTION 98. Chapter 204, Alcoholic Beverage Code, is amended
34-57 by adding Section 204.06 to read as follows:
34-58 Sec. 204.06. COMPREHENSIVE WINERY BOND. A person who holds
34-59 both a winery permit and a wine bottler's permit may execute a
34-60 single bond in an amount determined by the commission instead of
34-61 multiple bonds to secure the performance of different activities by
34-62 the holder.
34-63 SECTION 99. Sections 206.01(a) and (b), Alcoholic Beverage
34-64 Code, are amended to read as follows:
34-65 (a) A permittee who distills, rectifies, manufactures, or
34-66 receives any liquor shall make and keep a record of each day's
34-67 production or receipt of liquor and the amount of tax stamps
34-68 purchased by the permittee. A permittee other than a retailer
34-69 shall make and keep a record of each sale of liquor and to whom the
34-70 sale is made. Each transaction shall be entered on the day it
35-1 occurs. Permittees shall make and keep any other records required
35-2 by the commission. All required records shall be kept available
35-3 for inspection by the commission or its authorized representatives
35-4 for at least four <two> years.
35-5 (b) No person may fail or refuse to make and retain for at
35-6 least four <two> years any record required by this section.
35-7 SECTION 100. Chapter 206, Alcoholic Beverage Code, is
35-8 amended by adding Sections 206.08 and 206.09 to read as follows:
35-9 Sec. 206.08. COORDINATION OF AUDITS. (a) Before the
35-10 commission makes a demand to a licensee or permittee for any taxes
35-11 due, as established by an audit, the commission shall:
35-12 (1) hold an informal conference with the licensee or
35-13 permittee to discuss the audit and the rights of the permittee or
35-14 licensee to both an informal and formal appeal of the taxes due;
35-15 (2) review the audit in the commission headquarters
35-16 with the office of quality control to ensure that the uniform
35-17 application of audit standards has been applied in all aspects to
35-18 the audit; and
35-19 (3) send a certified letter stating the amount of
35-20 taxes owed by the licensee or permittee, the amount of the
35-21 delinquency, and the proper procedure to appeal the decision.
35-22 (b) The commission shall annually update and review all
35-23 audit manuals to ensure compliance with national audit standards
35-24 and impartiality and provide audit training to auditors responsible
35-25 for auditing tax accounts. The commission may expend funds
35-26 necessary to ensure adequate training of commission auditors or
35-27 trainers to provide the standardization of audits throughout the
35-28 state.
35-29 Sec. 206.09. CONTESTS OF TAXABLE AMOUNTS OWED. (a) A
35-30 licensee or permittee contesting the amount of taxes owed, after
35-31 receiving a demand for payment of taxes due from the commission, is
35-32 entitled to a hearing under the Administrative Procedure and Texas
35-33 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
35-34 (b) An appeal from a final order issued by the commission
35-35 must be filed in Travis County.
35-36 SECTION 101. Section 251.11, Alcoholic Beverage Code, is
35-37 amended to read as follows:
35-38 Sec. 251.11. Requirements to Order Election. The
35-39 commissioners court, at its next regular session after the petition
35-40 is filed, shall order a local option election to be held on the
35-41 issue set out in the petition if the petition is filed with the
35-42 registrar of voters not later than 30 days after it is issued and
35-43 bears in the actual handwriting of the signers the following:
35-44 (1) the actual signatures of a number of qualified
35-45 voters of the political subdivision equal to 35 percent of the
35-46 registered voters <votes cast> in the subdivision <for governor in
35-47 the last preceding general election for that office>;
35-48 (2) a notation showing the residence address of each
35-49 of the signers; and
35-50 (3) each signer's voter registration certificate
35-51 number.
35-52 SECTION 102. Section 402.0211(e), Government Code, is
35-53 amended to read as follows:
35-54 (e) This section does not apply to:
35-55 (1) the governor's office;
35-56 (2) an institution of higher education, as defined by
35-57 Section 61.003, Education Code;
35-58 (3) an agency expressly authorized by the General
35-59 Appropriations Act or other statute to hire or select legal
35-60 counsel;
35-61 (4) an agency governed by one or more elected
35-62 officials;
35-63 (5) an agency with a director appointed by the
35-64 governor;
35-65 (6) the Central Education Agency;
35-66 (7) the Department of Public Safety;
35-67 (8) the Employees Retirement System of Texas or the
35-68 Teacher Retirement System of Texas;
35-69 (9) the Parks and Wildlife Department;
35-70 (10) the State Board of Insurance;
36-1 (11) the State Highway and Public Transportation
36-2 Commission or the State Department of Highways and Public
36-3 Transportation;
36-4 (12) the Texas Department of Criminal Justice;
36-5 (13) the Texas Employment Commission;
36-6 (14) the Texas Higher Education Coordinating Board;
36-7 (15) the Texas Natural Resource Conservation
36-8 Commission;
36-9 (16) the Texas Workers' Compensation Commission; <or>
36-10 (17) the Texas Youth Commission; or
36-11 (18) the Texas Alcoholic Beverage Commission.
36-12 SECTION 103. Subtitle G, Title 2, Tax Code, is amended by
36-13 adding Chapter 183 to read as follows:
36-14 CHAPTER 183. MIXED BEVERAGE TAX
36-15 SUBCHAPTER A. GENERAL PROVISIONS
36-16 Sec. 183.001. DEFINITIONS. (a) The definitions in Section
36-17 1.04, Alcoholic Beverage Code, apply to this chapter.
36-18 (b) In this chapter:
36-19 (1) "Permittee" means a mixed beverage permittee or a
36-20 private club registration permittee.
36-21 (2) "Business day" means the period beginning at
36-22 3 a.m. one day and ending at 3 a.m. the next day.
36-23 SUBCHAPTER B. MIXED BEVERAGE TAX
36-24 Sec. 183.021. TAX IMPOSED ON MIXED BEVERAGES. A tax at the
36-25 rate of 14 percent is imposed on the gross receipts of a permittee
36-26 received from the sale, preparation, or service of mixed beverages
36-27 or from the sale, preparation, or service of ice or nonalcoholic
36-28 beverages that are sold, prepared, or served for the purpose of
36-29 being mixed with an alcoholic beverage and consumed on the premises
36-30 of the permittee.
36-31 Sec. 183.022. TAX RETURN DUE DATE. (a) A permittee shall
36-32 file a sworn tax return with the comptroller not later than the
36-33 20th day of each month.
36-34 (b) The return under this section shall be in a form
36-35 prescribed by the comptroller and shall include a statement of the
36-36 total gross taxable receipts during the preceding month and any
36-37 other information required by the comptroller.
36-38 (c) A tax due for a business day that falls in two different
36-39 months is allocated to the month in which the business day begins.
36-40 Sec. 183.023. PAYMENT. The tax due for the preceding month
36-41 shall accompany the return and shall be payable to the state. The
36-42 comptroller shall deposit the revenue in the mixed beverage tax
36-43 clearance fund.
36-44 SUBCHAPTER C. MIXED BEVERAGE CLEARANCE FUND
36-45 Sec. 183.051. MIXED BEVERAGE TAX CLEARANCE FUND. (a) Not
36-46 later than the last day of the month following a calendar quarter,
36-47 the comptroller shall calculate the total amount of taxes received
36-48 during the quarter from permittees outside an incorporated
36-49 municipality within each county and the total amount received from
36-50 permittees within each incorporated municipality in each county.
36-51 (b) The comptroller shall issue to each county a warrant
36-52 drawn on the mixed beverage tax clearance fund in the amount of
36-53 10.7143 percent of receipts from permittees within the county
36-54 during the quarter and shall issue to each incorporated
36-55 municipality a warrant drawn on that fund in the amount of 10.7143
36-56 percent of receipts from permittees within the incorporated
36-57 municipality during the quarter. The remainder of the receipts for
36-58 the quarter and all interest earned on that fund shall be
36-59 transferred to the general revenue fund.
36-60 Sec. 183.052. CONFLICT OF RULES. If a rule or policy
36-61 adopted by the commission conflicts with a rule adopted by the
36-62 comptroller for the application, enforcement, or collection of the
36-63 tax imposed by this chapter, the comptroller's rule prevails. A
36-64 conflicting rule or policy adopted by the commission is invalid to
36-65 the extent of the inconsistency. If the comptroller determines
36-66 that a rule or policy adopted by the commission conflicts with one
36-67 adopted by the comptroller relating to the application,
36-68 enforcement, or collection of the tax imposed by this chapter, the
36-69 comptroller shall notify the commission in writing of the
36-70 determination. After receipt of the notification, the commission
37-1 must amend or repeal the conflicting rule or policy not later than
37-2 the 90th day after the date of notification.
37-3 Sec. 183.053. SECURITY REQUIREMENT. (a) A permittee
37-4 subject to the tax imposed by this chapter must comply with the
37-5 security requirements imposed by Chapter 151 except that a
37-6 permittee is not required to comply with Section 151.253(b).
37-7 (b) The total of bonds, certificates of deposit, letters of
37-8 credit, or other security determined to be sufficient by the
37-9 comptroller of a permittee subject to the tax imposed by this
37-10 chapter shall be in an amount that the comptroller determines to be
37-11 sufficient to protect the fiscal interests of the state. The
37-12 comptroller may not set the amount of security at less than $1,000
37-13 or more than $25,000.
37-14 Sec. 183.054. AUDIT FREQUENCY. The comptroller shall have
37-15 the discretion to determine the frequency of mixed beverage tax
37-16 audits. In determining the frequency of the audit the comptroller
37-17 may consider the following factors:
37-18 (1) reasonable and prudent accounting standards;
37-19 (2) the audit history of the permittee;
37-20 (3) the effect on state revenues; and
37-21 (4) other factors the comptroller deems appropriate.
37-22 SECTION 104. (a) The Texas Alcoholic Beverage Commission
37-23 shall adopt rules relating to the relaxation of restrictions as to
37-24 charitable events as required by Section 90 of this Act on or
37-25 before September 1, 1994.
37-26 (b) The employees, records, and equipment of the
37-27 administrative law division of the Texas Alcoholic Beverage
37-28 Commission are transferred to the State Office of Administrative
37-29 Hearings on the effective date of this Act.
37-30 (c) On the effective date of this Act, a contested case
37-31 pending before the administrative law division of the Texas
37-32 Alcoholic Beverage Commission is transferred to the State Office of
37-33 Administrative Hearings. A proceeding transferred under this
37-34 subsection is treated as if the actions taken in the proceeding had
37-35 been taken by the State Office of Administrative Hearings.
37-36 (d) The change in law made by this Act relating to a penalty
37-37 that may be imposed or to the suspension or cancellation of a
37-38 license or permit by the Texas Alcoholic Beverage Commission
37-39 applies only to a violation of a law regulated by the commission or
37-40 of a rule or order of the commission that occurs on or after the
37-41 effective date of this Act. A violation that occurs before the
37-42 effective date is governed by the law in effect on the date it
37-43 occurred, and the former law is continued in effect for that
37-44 purpose.
37-45 SECTION 105. Section 11.015, Alcoholic Beverage Code, as
37-46 added by this Act, applies only to a hearing held on or after
37-47 September 1, 1993. A hearing held before September 1, 1993, is
37-48 governed by the law in effect when the hearing was held, and that
37-49 law is continued in effect for that purpose.
37-50 SECTION 106. (a) To prepare for the transfer of the
37-51 administration of the mixed beverage tax from the Texas Alcoholic
37-52 Beverage Commission to the comptroller of public accounts on the
37-53 effective date of this Act, the comptroller and the commission may
37-54 enter into any agreements they consider advisable to the use or
37-55 transfer of funds, appropriations, personnel, furniture, equipment,
37-56 office space, or other items or services between the comptroller
37-57 and the commission.
37-58 (b) On the effective date of this Act, all employees,
37-59 records, and property of the commission relating to the mixed
37-60 beverage tax shall be transferred to the comptroller. Before that
37-61 date, the comptroller may transfer any records, employees, or
37-62 property of the commission to the comptroller in preparation for
37-63 the transfer of the administration of the mixed beverage tax to the
37-64 comptroller.
37-65 (c) A change in the law made by this Act does not affect the
37-66 validity of any action or proceeding initiated before the effective
37-67 date of this Act.
37-68 SECTION 107. Sections 5.10(f), 11.491, 25.07, 69.07,
37-69 204.02(d) and (e), 204.03(b), 205.02(c) and (d), and 205.03 and
37-70 Chapters 50 and 202, Alcoholic Beverage Code, are repealed.
38-1 SECTION 108. This Act takes effect September 1, 1993.
38-2 SECTION 109. The importance of this legislation and the
38-3 crowded condition of the calendars in both houses create an
38-4 emergency and an imperative public necessity that the
38-5 constitutional rule requiring bills to be read on three several
38-6 days in each house be suspended, and this rule is hereby suspended.
38-7 * * * * *
38-8 Austin,
38-9 Texas
38-10 May 21, 1993
38-11 Hon. Bob Bullock
38-12 President of the Senate
38-13 Sir:
38-14 We, your Committee on State Affairs to which was referred H.B. No.
38-15 1445, have had the same under consideration, and I am instructed to
38-16 report it back to the Senate with the recommendation that it do not
38-17 pass, but that the Committee Substitute adopted in lieu thereof do
38-18 pass and be printed.
38-19 Harris of
38-20 Dallas, Chairman
38-21 * * * * *
38-22 WITNESSES
38-23 FOR AGAINST ON
38-24 ___________________________________________________________________
38-25 FOR AGAINST ON
38-26 ___________________________________________________________________
38-27 Name: Fred Niemann x
38-28 Representing: TX Package Stores Assn
38-29 City: Austin
38-30 -------------------------------------------------------------------
38-31 Name: Gerald Anderson x
38-32 Representing: Self
38-33 City: Lubbock
38-34 -------------------------------------------------------------------
38-35 Name: Wade Bingaman x
38-36 Representing: Self
38-37 City: Austin
38-38 -------------------------------------------------------------------
38-39 Name: Tom Reynolds x
38-40 Representing: Good Spirits
38-41 City: San Antonio
38-42 -------------------------------------------------------------------
38-43 Name: Ray Harrington x
38-44 Representing: C & H Beverage Inc.
38-45 City: Carrollton
38-46 -------------------------------------------------------------------
38-47 Name: Woodrow Sanderfer x
38-48 Representing: Self
38-49 City: Corpus Christi
38-50 -------------------------------------------------------------------
38-51 Name: Robert R. Hawk x
38-52 Representing: Spaghetti Warehouse
38-53 City: Rockwall
38-54 -------------------------------------------------------------------
38-55 Name: Fritz Jakobsmeier x
38-56 Representing: S & B Beverage Co
38-57 City: Lubbock
38-58 -------------------------------------------------------------------
38-59 Name: Larry Forehand x
38-60 Representing: Casa Ole Mexican Restaurant
38-61 City: Houston
38-62 -------------------------------------------------------------------
38-63 Name: David Ivy x
38-64 Representing: Self
38-65 City: Dallas
38-66 -------------------------------------------------------------------
38-67 Name: Richie Jackson x
38-68 Representing: Texas Restaurant Assn
38-69 City: Austin
38-70 -------------------------------------------------------------------
39-1 Name: Randy Yarbrough x
39-2 Representing: TABC
39-3 City: Austin
39-4 -------------------------------------------------------------------
39-5 Name: Brandy Wolf x
39-6 Representing: TX Neighborhoods Together
39-7 City: Houston
39-8 -------------------------------------------------------------------
39-9 Name: Marcia Olivarez x
39-10 Representing: Houston Homeowners Assn
39-11 City: Houston
39-12 -------------------------------------------------------------------
39-13 Name: Maxine Aaronson x
39-14 Representing: Dallas Homeowners League
39-15 City: Dallas
39-16 -------------------------------------------------------------------
39-17 Name: Marita Burns x
39-18 Representing: Woodland Heights
39-19 City: Houston
39-20 -------------------------------------------------------------------
39-21 Name: Viola L. Olivarez x
39-22 Representing: Silverdale Civic Club
39-23 City: Houston
39-24 -------------------------------------------------------------------
39-25 FOR AGAINST ON
39-26 ___________________________________________________________________
39-27 Name: Ronnie Volkening x
39-28 Representing: Southland Corp
39-29 City: Dallas
39-30 -------------------------------------------------------------------
39-31 Name: Bill Fonnester x
39-32 Representing: Dog & Duck
39-33 City: Austin
39-34 -------------------------------------------------------------------
39-35 Name: Denise Bennett x
39-36 Representing: Self
39-37 City: Houston
39-38 -------------------------------------------------------------------
39-39 Name: Allan Dray x
39-40 Representing: TX Assn of Small Brewers
39-41 City: Dallas
39-42 -------------------------------------------------------------------
39-43 Name: Daniel Slohje x
39-44 Representing: TX Assn of Small Brewers
39-45 City: Dallas
39-46 -------------------------------------------------------------------
39-47 Name: Todd Mitchell x
39-48 Representing: Mitchell Family
39-49 City: Houston
39-50 -------------------------------------------------------------------
39-51 Name: Bob Stout x
39-52 Representing: Mitchell Energy & DEV Corp
39-53 City: The Woodlands
39-54 -------------------------------------------------------------------
39-55 Name: Gregory Carr x
39-56 Representing: TX Assn of Small Brewers
39-57 City: Dallas
39-58 -------------------------------------------------------------------
39-59 Name: Roy Bohrer x
39-60 Representing: TX Wine & Grape Growers Assn
39-61 City: Austin
39-62 -------------------------------------------------------------------
39-63 Name: William Dufour x
39-64 Representing: Self
39-65 City: Austin
39-66 -------------------------------------------------------------------
39-67 Name: Delph Ross x
39-68 Representing: Koppe Bridge Bar & Grill Inc
39-69 City: College Station
39-70 -------------------------------------------------------------------
40-1 Name: Donald McGoldrick x
40-2 Representing: Koppe Bridge Bar & Grill
40-3 City: College Station
40-4 -------------------------------------------------------------------
40-5 Name: Davis Tucker x
40-6 Representing: Old City Brewing Co
40-7 City: Austin
40-8 -------------------------------------------------------------------
40-9 Name: Mary Thompson x
40-10 Representing: Self
40-11 City: Lucas
40-12 -------------------------------------------------------------------
40-13 Name: Larry Casto x
40-14 Representing: City of Dallas
40-15 City: Dallas
40-16 -------------------------------------------------------------------
40-17 Name: Robert Sparks x
40-18 Representing: Licensed Bev Dist Inc
40-19 City: Austin
40-20 -------------------------------------------------------------------
40-21 Name: Ken Levine x
40-22 Representing: Sunet Commission
40-23 City: Austin
40-24 -------------------------------------------------------------------
40-25 FOR AGAINST ON
40-26 ___________________________________________________________________
40-27 Name: Allan Gray x
40-28 Representing: Licensed Beverage Dist Inc
40-29 City: Austin
40-30 -------------------------------------------------------------------
40-31 Name: Lynwood Moreau x
40-32 Representing: TX Conf of Police & Sheriffs
40-33 City: Houston
40-34 -------------------------------------------------------------------
40-35 Name: Jack Gullahorn x
40-36 Representing: Akin Gump Strauss Hauer Feld
40-37 City: Austin
40-38 -------------------------------------------------------------------
40-39 Name: Larry Niemann x
40-40 Representing: Tx Apartment Assn, etc.
40-41 City: Austin
40-42 -------------------------------------------------------------------
40-43 Name: Marilyn J. Childress x
40-44 Representing: CAI
40-45 City: Austin
40-46 -------------------------------------------------------------------
40-47 Name: Cary Kalard x
40-48 Representing: Harold Simmons
40-49 City: Dallas
40-50 -------------------------------------------------------------------
40-51 Name: Willis Kemper x
40-52 Representing: Tx Assn of Small Brewers
40-53 City: Lansdowne, Pa.
40-54 -------------------------------------------------------------------
40-55 Name: Jack Welch x
40-56 Representing: Tx Retailers Assoc
40-57 City: Austin
40-58 -------------------------------------------------------------------
40-59 Name: Stanford Frenzel
40-60 Representing:
40-61 City: Garland
40-62 -------------------------------------------------------------------
40-63 Name: Steven Hughes x
40-64 Representing: Dick's Last Resort
40-65 City: Dallas
40-66 -------------------------------------------------------------------
40-67 Name: Wade Spilman x
40-68 Representing: Wholesale Beer Distributors T
40-69 City: Austin
40-70 -------------------------------------------------------------------
41-1 Name: Frank Stunzel x
41-2 Representing: Tx Municipal League
41-3 City: Austin
41-4 -------------------------------------------------------------------