By Longoria                                     H.B. No. 1824

      75R4341 PAM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to regulating the number of drinks containing an alcoholic

 1-3     beverage that may be served to a person by the holder of an

 1-4     alcoholic beverage permit or license; providing a penalty.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter D, Chapter 101, Alcoholic Beverage

 1-7     Code, is amended by adding Section 101.76 to read as follows:

 1-8           Sec. 101.76.  LIMITATION ON NUMBER OF DRINKS SERVED.  (a)

 1-9     The holder of a permit or license that authorizes the holder to

1-10     serve alcoholic beverages may not serve more than two drinks

1-11     containing any alcoholic beverage to a person during each one-hour

1-12     period.  The commission by rule may determine the maximum amount of

1-13     alcohol that may be in a drink containing any alcoholic beverage

1-14     served under this section.

1-15           (b)  Except as provided by Subsection (c), a violation of

1-16     this section is a misdemeanor punishable by a fine of not less than

1-17     $100 or more than $500, by confinement in jail for not more than

1-18     one year, or by both.

1-19           (c)  If a person has been previously convicted of a violation

1-20     of this section, a violation is a misdemeanor punishable by a fine

1-21     of not less than $500 or more than $1,000, by confinement in jail

1-22     for not more than one year, or by both.

1-23           SECTION 2.  This Act takes effect September 1, 1997.

1-24           SECTION 3.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.