By Sibley, et al.                                       S.B. No. 55
          Substitute the following for S.B. No. 55:
          By Carter                                           C.S.S.B. No. 55
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to providing an alcoholic beverage to a minor.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The Alcoholic Beverage Code is amended by adding
    1-5  a new Section 1.08 immediately after Section 1.07 to read as
    1-6  follows:
    1-7        Sec. 1.08.  CRIMINAL NEGLIGENCE DEFINED.  For purposes of
    1-8  this code, a person acts with criminal negligence if the person
    1-9  acts with a mental state that would constitute criminal negligence
   1-10  under Chapter 6, Penal Code, if the act were an offense.
   1-11        SECTION 2.  Section 61.71(a), Alcoholic Beverage Code, is
   1-12  amended to read as follows:
   1-13        (a)  The commission or administrator may suspend for not more
   1-14  than 60 days or cancel an original or renewal retail dealer's on-
   1-15  or off-premise license if it is found, after notice and hearing,
   1-16  that the licensee:
   1-17              (1)  violated a provision of this code or a rule of the
   1-18  commission during the existence of the license sought to be
   1-19  cancelled or suspended or during the immediately preceding license
   1-20  period;
   1-21              (2)  was finally convicted for violating a penal
   1-22  provision of this code;
   1-23              (3)  was finally convicted of a felony while holding an
   1-24  original or renewal license;
    2-1              (4)  made a false statement or a misrepresentation in
    2-2  his original application or a renewal application;
    2-3              (5)  with criminal negligence <knowingly> sold, served,
    2-4  or delivered beer to a minor;
    2-5              (6)  sold, served, or delivered beer to an intoxicated
    2-6  person;
    2-7              (7)  sold, served, or delivered beer at a time when its
    2-8  sale is prohibited;
    2-9              (8)  entered or offered to enter an agreement,
   2-10  condition, or system which would constitute the sale or possession
   2-11  of alcoholic beverages on consignment;
   2-12              (9)  possessed on the licensed premises, or on adjacent
   2-13  premises directly or indirectly under his control, an alcoholic
   2-14  beverage not authorized to be sold on the licensed premises, or
   2-15  permitted an agent, servant, or employee to do so, except as
   2-16  permitted by Section 22.06, 24.05, or 102.05 of this code;
   2-17              (10)  does not have at his licensed premises running
   2-18  water, if it is available, and separate toilets for both sexes
   2-19  which are properly identified;
   2-20              (11)  permitted a person on the licensed premises to
   2-21  engage in conduct which is lewd, immoral, or offensive to public
   2-22  decency;
   2-23              (12)  employed a person under 18 years of age to sell,
   2-24  handle, or dispense beer, or to assist in doing so, in an
   2-25  establishment where beer is sold for on-premises consumption;
   2-26              (13)  conspired with a person to violate Section
   2-27  101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or
    3-1  108.04-108.06 of this code, or a rule promulgated under Section
    3-2  5.40 of this code, or accepted a benefit from an act prohibited by
    3-3  any of these sections or rules;
    3-4              (14)  refused to permit or interfered with an
    3-5  inspection of the licensed premises by an authorized representative
    3-6  of the commission or a peace officer;
    3-7              (15)  permitted the use or display of his license in
    3-8  the conduct of a business for the benefit of a person not
    3-9  authorized by law to have an interest in the license;
   3-10              (16)  maintained blinds or barriers at his place of
   3-11  business in violation of this code;
   3-12              (17)  conducted his business in a place or manner which
   3-13  warrants the cancellation or suspension of the license based on the
   3-14  general welfare, health, peace, morals, safety, and sense of
   3-15  decency of the people;
   3-16              (18)  consumed an alcoholic beverage or permitted one
   3-17  to be consumed on the licensed premises at a time when the
   3-18  consumption of alcoholic beverages is prohibited by this code;
   3-19              (19)  purchased beer for the purpose of resale from a
   3-20  person other than the holder of a manufacturer's or distributor's
   3-21  license;
   3-22              (20)  acquired an alcoholic beverage for the purpose of
   3-23  resale from another retail dealer of alcoholic beverages;
   3-24              (21)  owned an interest of any kind in the business or
   3-25  premises of the holder of a distributor's license;
   3-26              (22)  purchased, sold, offered for sale, distributed,
   3-27  or delivered an alcoholic beverage, or consumed an alcoholic
    4-1  beverage or permitted one to be consumed on the licensed premises
    4-2  while his license was under suspension;
    4-3              (23)  purchased, possessed, stored, sold, or offered
    4-4  for sale beer in or from an original package bearing a brand or
    4-5  trade name of a manufacturer other than the brand or trade name
    4-6  shown on the container;
    4-7              (24)  habitually uses alcoholic beverages to excess, is
    4-8  mentally incompetent, or is physically unable to manage his
    4-9  establishment;
   4-10              (25)  imported beer into this state except as
   4-11  authorized by Section 107.07 of this code;
   4-12              (26)  occupied premises in which the holder of a
   4-13  manufacturer's or distributor's license had an interest of any
   4-14  kind;
   4-15              (27)  knowingly permitted a person who had an interest
   4-16  in a permit or license which was cancelled for cause to sell,
   4-17  handle, or assist in selling or handling alcoholic beverages on the
   4-18  licensed premises within one year after the cancellation;
   4-19              (28)  was financially interested in a place of business
   4-20  engaged in the selling of distilled spirits or permitted a person
   4-21  having an interest in that type of business to have a financial
   4-22  interest in the business authorized by his license, except as
   4-23  permitted by Section 22.06, 24.05, or 102.05 of this code;
   4-24              (29)  is residentially domiciled with or related to a
   4-25  person engaged in selling distilled spirits, except as permitted by
   4-26  Section 22.06, 24.05, or 102.05 of this code, so that there is a
   4-27  community of interests which the commission or administrator finds
    5-1  contrary to the purposes of this code; or
    5-2              (30)  is residentially domiciled with or related to a
    5-3  person whose license has been cancelled within the preceding 12
    5-4  months so that there is a community of interests which the
    5-5  commission or administrator finds contrary to the purposes of this
    5-6  code.
    5-7        SECTION 3.  Section 61.74(a), Alcoholic Beverage Code, is
    5-8  amended to read as follows:
    5-9        (a)  The commission or administrator may suspend for not more
   5-10  than 60 days or cancel an original or renewal general, local, or
   5-11  branch distributor's license if it is found, after notice and
   5-12  hearing, that the licensee:
   5-13              (1)  violated a provision of this code or a rule of the
   5-14  commission during the existence of the license sought to be
   5-15  cancelled or suspended or during the immediately preceding license
   5-16  period;
   5-17              (2)  was finally convicted for violating a penal
   5-18  provision of this code;
   5-19              (3)  was finally convicted of a felony while holding an
   5-20  original or renewal license;
   5-21              (4)  violated Section 101.41-101.43, 101.68,
   5-22  102.11-102.15, 104.04, 108.01, or 108.04-108.06 of this code, or a
   5-23  rule or regulation promulgated under Section 5.40 of this code;
   5-24              (5)  failed to comply with a requirement of the
   5-25  commission relating to the keeping of records or making of reports;
   5-26              (6)  failed to pay any tax due the state on any beer he
   5-27  sold, stored, or transported;
    6-1              (7)  refused to permit or interfered with an inspection
    6-2  of his licensed premises, vehicles, books, or records by an
    6-3  authorized representative of the commission;
    6-4              (8)  consummated a sale of beer outside the county or
    6-5  counties in which he was authorized to sell beer by his license;
    6-6              (9)  purchased, sold, offered for sale, distributed, or
    6-7  delivered beer while his license was under suspension;
    6-8              (10)  permitted the use of his license in the operation
    6-9  of a business conducted for the benefit of a person not authorized
   6-10  by law to have an interest in the business;
   6-11              (11)  made a false or misleading representation or
   6-12  statement in his original application or a renewal application;
   6-13              (12)  habitually uses alcoholic beverages to excess, is
   6-14  mentally incompetent, or is physically unable to manage his
   6-15  establishment;
   6-16              (13)  misrepresented any beer sold by him to a retailer
   6-17  or to the public;
   6-18              (14)  with criminal negligence <knowingly> sold or
   6-19  delivered beer to a minor; or
   6-20              (15)  purchased, possessed, stored, sold, or offered
   6-21  for sale beer in an original package bearing a brand or trade name
   6-22  of a manufacturer other than the brand or trade name of the
   6-23  manufacturer shown on the container.
   6-24        SECTION 4.  Section 106.06(a), Alcoholic Beverage Code, is
   6-25  amended to read as follows:
   6-26        (a)  Except as provided in Subsection (b) of this section, a
   6-27  person commits an offense if he purchases an alcoholic beverage for
    7-1  or gives or <knowingly> makes available an alcoholic beverage to a
    7-2  minor with criminal negligence.
    7-3        SECTION 5.  Section 106.13(a), Alcoholic Beverage Code, is
    7-4  amended to read as follows:
    7-5        (a)  Except as provided in Subsections (b) and (c) of this
    7-6  section, the commission or administrator may cancel or suspend for
    7-7  not more than 60 days a retail license or permit or a private club
    7-8  registration permit if it is found, on notice and hearing, that the
    7-9  licensee or permittee with criminal negligence <knowingly> sold,
   7-10  served, dispensed, or delivered an alcoholic beverage to a minor in
   7-11  violation of this code or with criminal negligence <knowingly>
   7-12  permitted a minor to violate Section 106.04 or 106.05 of this code
   7-13  on the licensed premises.
   7-14        SECTION 6.  (a)  This Act takes effect September 1, 1993.
   7-15        (b)  The change in law made by this Act applies only to an
   7-16  offense committed on or after the effective date of this Act.  For
   7-17  purposes of this section, an offense is committed before the
   7-18  effective date of this Act if any element of the offense occurs
   7-19  before that date.
   7-20        (c)  An offense committed before the effective date of this
   7-21  Act is covered by the law in effect when the offense was committed
   7-22  and the former law is continued in effect for this purpose.
   7-23        SECTION 7.  The importance of this legislation and the
   7-24  crowded condition of the calendars in both houses create an
   7-25  emergency and an imperative public necessity that the
   7-26  constitutional rule requiring bills to be read on three several
   7-27  days in each house be suspended, and this rule is hereby suspended.