By Van de Putte, Junell H.B. No. 529
74R1329 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of video surveillance equipment and other
1-3 safety measures at certain retail establishments selling alcoholic
1-4 beverages.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 104, Alcoholic Beverage Code, is amended
1-7 by adding Section 104.06 to read as follows:
1-8 Sec. 104.06. SURVEILLANCE EQUIPMENT. (a) For the purposes
1-9 of this section, "convenience store" means a retail establishment
1-10 that:
1-11 (1) is authorized to sell beer or wine at retail, for
1-12 off-premises consumption only;
1-13 (2) is open for business 24 hours a day one or more
1-14 days a week; and
1-15 (3) is not a hotel, motel, boardinghouse, retail
1-16 pharmacy, or other retail establishment whose gross sales of beer
1-17 and wine for off-premises consumption was less than or equal to 10
1-18 percent of the total gross sales of the establishment during the
1-19 previous 12-month period.
1-20 (b) A person who is authorized to sell beer or wine at a
1-21 convenience store shall install video surveillance equipment at the
1-22 store and operate the equipment continuously.
1-23 (c) A person who is subject to the requirements of this
1-24 section must present evidence of compliance with this section to
2-1 the satisfaction of the commission before a permit or license may
2-2 be issued or renewed under this code.
2-3 SECTION 2. Title 4, Civil Practice and Remedies Code, is
2-4 amended to add Chapter 83 to read as follows:
2-5 CHAPTER 83. CONVENIENCE STORE LIABILITY FOR SAFETY
2-6 Sec. 83.001. AFFIRMATIVE DEFENSE: EVIDENCE OF SAFETY
2-7 FEATURES. (a) It is an affirmative defense to a suit alleging
2-8 that a convenience store failed to provide adequate safety measures
2-9 for the store's customers and employees that all of the following
2-10 safety measures were in place at the store at the time of the
2-11 incident that is the basis for the suit:
2-12 (1) signs posted in the windows of the store
2-13 obstructed the view of the cash register and sales area from the
2-14 street;
2-15 (2) the sales area of the store was located to provide
2-16 full visibility of the clerk and customer during the sales
2-17 transaction;
2-18 (3) a conspicuous sign was posted in the store's
2-19 window stating that the cash register contains less than $50;
2-20 (4) the cash available to an employee of the store was
2-21 not more than $50;
2-22 (5) a drop-safe or time release safe was maintained at
2-23 the store and was bolted to the floor, installed in the floor, or
2-24 weighed 500 pounds or more;
2-25 (6) a conspicuous sign was posted in the window of the
2-26 store stating that there was a safe in the store and that the safe
2-27 was not accessible to the store's employees; and
3-1 (7) the entire area of the store parking lot used by
3-2 the store's customers was maintained and lighted at five
3-3 footcandles per square foot measured at the surface of the parking
3-4 area.
3-5 (b) In this section, "convenience store" has the meaning
3-6 assigned to that term by Section 104.06, Alcoholic Beverage Code.
3-7 SECTION 3. The change in law made by Section 1 of this Act
3-8 applies only to a permit or license that is issued or renewed on or
3-9 after the effective date of this Act.
3-10 SECTION 4. This Act takes effect January 1, 1996.
3-11 SECTION 5. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.