1-1 By: Sibley, Harris of Tarrant S.B. No. 55
1-2 (In the Senate - Filed November 24, 1992; January 13, 1993,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 17, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 13, Nays 0; March 17, 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 S.B. No. 55 By: West
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to providing an alcoholic beverage to a minor.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Section 61.71, Alcoholic Beverage Code, is
1-28 amended by amending Subsection (a) and adding Subsection (f) to
1-29 read as follows:
1-30 (a) The commission or administrator may suspend for not more
1-31 than 60 days or cancel an original or renewal retail dealer's on-
1-32 or off-premise license if it is found, after notice and hearing,
1-33 that the licensee:
1-34 (1) violated a provision of this code or a rule of the
1-35 commission during the existence of the license sought to be
1-36 cancelled or suspended or during the immediately preceding license
1-37 period;
1-38 (2) was finally convicted for violating a penal
1-39 provision of this code;
1-40 (3) was finally convicted of a felony while holding an
1-41 original or renewal license;
1-42 (4) made a false statement or a misrepresentation in
1-43 his original application or a renewal application;
1-44 (5) negligently <knowingly> sold, served, or delivered
1-45 beer to a minor;
1-46 (6) sold, served, or delivered beer to an intoxicated
1-47 person;
1-48 (7) sold, served, or delivered beer at a time when its
1-49 sale is prohibited;
1-50 (8) entered or offered to enter an agreement,
1-51 condition, or system which would constitute the sale or possession
1-52 of alcoholic beverages on consignment;
1-53 (9) possessed on the licensed premises, or on adjacent
1-54 premises directly or indirectly under his control, an alcoholic
1-55 beverage not authorized to be sold on the licensed premises, or
1-56 permitted an agent, servant, or employee to do so, except as
1-57 permitted by Section 22.06, 24.05, or 102.05 of this code;
1-58 (10) does not have at his licensed premises running
1-59 water, if it is available, and separate toilets for both sexes
1-60 which are properly identified;
1-61 (11) permitted a person on the licensed premises to
1-62 engage in conduct which is lewd, immoral, or offensive to public
1-63 decency;
1-64 (12) employed a person under 18 years of age to sell,
1-65 handle, or dispense beer, or to assist in doing so, in an
1-66 establishment where beer is sold for on-premises consumption;
1-67 (13) conspired with a person to violate Section
1-68 101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or
2-1 108.04-108.06 of this code, or a rule promulgated under Section
2-2 5.40 of this code, or accepted a benefit from an act prohibited by
2-3 any of these sections or rules;
2-4 (14) refused to permit or interfered with an
2-5 inspection of the licensed premises by an authorized representative
2-6 of the commission or a peace officer;
2-7 (15) permitted the use or display of his license in
2-8 the conduct of a business for the benefit of a person not
2-9 authorized by law to have an interest in the license;
2-10 (16) maintained blinds or barriers at his place of
2-11 business in violation of this code;
2-12 (17) conducted his business in a place or manner which
2-13 warrants the cancellation or suspension of the license based on the
2-14 general welfare, health, peace, morals, safety, and sense of
2-15 decency of the people;
2-16 (18) consumed an alcoholic beverage or permitted one
2-17 to be consumed on the licensed premises at a time when the
2-18 consumption of alcoholic beverages is prohibited by this code;
2-19 (19) purchased beer for the purpose of resale from a
2-20 person other than the holder of a manufacturer's or distributor's
2-21 license;
2-22 (20) acquired an alcoholic beverage for the purpose of
2-23 resale from another retail dealer of alcoholic beverages;
2-24 (21) owned an interest of any kind in the business or
2-25 premises of the holder of a distributor's license;
2-26 (22) purchased, sold, offered for sale, distributed,
2-27 or delivered an alcoholic beverage, or consumed an alcoholic
2-28 beverage or permitted one to be consumed on the licensed premises
2-29 while his license was under suspension;
2-30 (23) purchased, possessed, stored, sold, or offered
2-31 for sale beer in or from an original package bearing a brand or
2-32 trade name of a manufacturer other than the brand or trade name
2-33 shown on the container;
2-34 (24) habitually uses alcoholic beverages to excess, is
2-35 mentally incompetent, or is physically unable to manage his
2-36 establishment;
2-37 (25) imported beer into this state except as
2-38 authorized by Section 107.07 of this code;
2-39 (26) occupied premises in which the holder of a
2-40 manufacturer's or distributor's license had an interest of any
2-41 kind;
2-42 (27) knowingly permitted a person who had an interest
2-43 in a permit or license which was cancelled for cause to sell,
2-44 handle, or assist in selling or handling alcoholic beverages on the
2-45 licensed premises within one year after the cancellation;
2-46 (28) was financially interested in a place of business
2-47 engaged in the selling of distilled spirits or permitted a person
2-48 having an interest in that type of business to have a financial
2-49 interest in the business authorized by his license, except as
2-50 permitted by Section 22.06, 24.05, or 102.05 of this code;
2-51 (29) is residentially domiciled with or related to a
2-52 person engaged in selling distilled spirits, except as permitted by
2-53 Section 22.06, 24.05, or 102.05 of this code, so that there is a
2-54 community of interests which the commission or administrator finds
2-55 contrary to the purposes of this code; or
2-56 (30) is residentially domiciled with or related to a
2-57 person whose license has been cancelled within the preceding 12
2-58 months so that there is a community of interests which the
2-59 commission or administrator finds contrary to the purposes of this
2-60 code.
2-61 (f) For the purposes of this section, a person acts
2-62 negligently if the person acts with a mental state that would
2-63 constitute criminal negligence under Chapter 6, Penal Code, if the
2-64 act were an offense.
2-65 SECTION 2. Section 61.74, Alcoholic Beverage Code, is
2-66 amended by amending Subsection (a) and adding Subsection (c) to
2-67 read as follows:
2-68 (a) The commission or administrator may suspend for not more
2-69 than 60 days or cancel an original or renewal general, local, or
2-70 branch distributor's license if it is found, after notice and
3-1 hearing, that the licensee:
3-2 (1) violated a provision of this code or a rule of the
3-3 commission during the existence of the license sought to be
3-4 cancelled or suspended or during the immediately preceding license
3-5 period;
3-6 (2) was finally convicted for violating a penal
3-7 provision of this code;
3-8 (3) was finally convicted of a felony while holding an
3-9 original or renewal license;
3-10 (4) violated Section 101.41-101.43, 101.68,
3-11 102.11-102.15, 104.04, 108.01, or 108.04-108.06 of this code, or a
3-12 rule or regulation promulgated under Section 5.40 of this code;
3-13 (5) failed to comply with a requirement of the
3-14 commission relating to the keeping of records or making of reports;
3-15 (6) failed to pay any tax due the state on any beer he
3-16 sold, stored, or transported;
3-17 (7) refused to permit or interfered with an inspection
3-18 of his licensed premises, vehicles, books, or records by an
3-19 authorized representative of the commission;
3-20 (8) consummated a sale of beer outside the county or
3-21 counties in which he was authorized to sell beer by his license;
3-22 (9) purchased, sold, offered for sale, distributed, or
3-23 delivered beer while his license was under suspension;
3-24 (10) permitted the use of his license in the operation
3-25 of a business conducted for the benefit of a person not authorized
3-26 by law to have an interest in the business;
3-27 (11) made a false or misleading representation or
3-28 statement in his original application or a renewal application;
3-29 (12) habitually uses alcoholic beverages to excess, is
3-30 mentally incompetent, or is physically unable to manage his
3-31 establishment;
3-32 (13) misrepresented any beer sold by him to a retailer
3-33 or to the public;
3-34 (14) negligently <knowingly> sold or delivered beer to
3-35 a minor; or
3-36 (15) purchased, possessed, stored, sold, or offered
3-37 for sale beer in an original package bearing a brand or trade name
3-38 of a manufacturer other than the brand or trade name of the
3-39 manufacturer shown on the container.
3-40 (c) For the purposes of this section, a person acts
3-41 negligently if the person acts with a mental state that would
3-42 constitute criminal negligence under Chapter 6, Penal Code, if the
3-43 act were an offense.
3-44 SECTION 3. Section 106.13, Alcoholic Beverage Code, is
3-45 amended by amending Subsection (a) and adding Subsection (d) to
3-46 read as follows:
3-47 (a) Except as provided in Subsections (b) and (c) of this
3-48 section, the commission or administrator may cancel or suspend for
3-49 not more than 60 days a retail license or permit or a private club
3-50 registration permit if it is found, on notice and hearing, that the
3-51 licensee or permittee negligently <knowingly> sold, served,
3-52 dispensed, or delivered an alcoholic beverage to a minor in
3-53 violation of this code or negligently <knowingly> permitted a minor
3-54 to violate Section 106.04 or 106.05 of this code on the licensed
3-55 premises.
3-56 (d) For the purposes of this section, a person acts
3-57 negligently if the person acts with a mental state that would
3-58 constitute criminal negligence under Chapter 6, Penal Code, if the
3-59 act were an offense.
3-60 SECTION 4. This Act takes effect September 1, 1993.
3-61 SECTION 5. The importance of this legislation and the
3-62 crowded condition of the calendars in both houses create an
3-63 emergency and an imperative public necessity that the
3-64 constitutional rule requiring bills to be read on three several
3-65 days in each house be suspended, and this rule is hereby suspended.
3-66 * * * * *
3-67 Austin,
3-68 Texas
3-69 March 17, 1993
3-70 Hon. Bob Bullock
4-1 President of the Senate
4-2 Sir:
4-3 We, your Committee on State Affairs to which was referred S.B. No.
4-4 55, have had the same under consideration, and I am instructed to
4-5 report it back to the Senate with the recommendation that it do not
4-6 pass, but that the Committee Substitute adopted in lieu thereof do
4-7 pass and be printed.
4-8 Harris of
4-9 Dallas, Chairman
4-10 * * * * *
4-11 WITNESSES
4-12 FOR AGAINST ON
4-13 ___________________________________________________________________
4-14 Name: Randy Yarbrough x
4-15 Representing: TABC
4-16 City: Austin
4-17 -------------------------------------------------------------------
4-18 Name: Bill Lewis x
4-19 Representing: MADD
4-20 City: Austin
4-21 -------------------------------------------------------------------
4-22 Name: John Boston x
4-23 Representing: TX Criminal Defense Lawyers
4-24 City: Austin
4-25 -------------------------------------------------------------------