By Madla S.B. No. 1569
75R5024 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring a certificate for certain persons who sell
1-3 alcohol or tobacco products.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 101, Alcoholic Beverage
1-6 Code, is amended by adding Section 101.76 to read as follows:
1-7 Sec. 101.76. POINT-OF-SALE CERTIFICATE REQUIRED FOR RETAIL
1-8 SALES. (a) A retailer may not allow an employee or other person
1-9 to conduct, on behalf of the retailer, a retail sale of alcoholic
1-10 beverages unless the employee or other person has a point-of-sale
1-11 certificate issued under this section.
1-12 (b) The commission shall issue a point-of-sale certificate
1-13 to a person who applies to the commission on a form prescribed by
1-14 the commission and pays the required application fee unless a
1-15 point-of-sale certificate previously issued to the person has been
1-16 revoked as provided by Subsection (c). The commission shall
1-17 establish a uniform point-of-sale certificate form and a reasonable
1-18 application fee for the certificate in an amount necessary to
1-19 administer this section.
1-20 (c) The commission shall revoke the certificate of a person
1-21 who is convicted of an offense under Section 106.03.
1-22 (d) A person commits an offense if the person violates this
1-23 section. An offense under this subsection is punishable by a fine
1-24 of not less than $100 or more than $500, by confinement in jail for
2-1 not more than one year, or by both. If a person has been
2-2 previously convicted of an offense under this subsection, the
2-3 offense is punishable by a fine of not less than $500 or more than
2-4 $1,000, by confinement in jail for not more than one year, or by
2-5 both.
2-6 SECTION 2. The heading to Subchapter H, Chapter 161, Health
2-7 and Safety Code, is amended to read as follows:
2-8 SUBCHAPTER H. SALE OF CIGARETTES OR TOBACCO PRODUCTS [TO MINORS]
2-9 SECTION 3. Subchapter H, Chapter 161, Health and Safety
2-10 Code, is amended by adding Section 161.083 to read as follows:
2-11 Sec. 161.083. POINT-OF-SALE CERTIFICATE REQUIRED FOR RETAIL
2-12 SALES. (a) A retailer may not allow an employee or other person
2-13 to conduct, on behalf of the retailer, a retail sale of cigarettes
2-14 or tobacco products unless the employee or other person has a
2-15 point-of-sale certificate issued under this section.
2-16 (b) The department shall issue a point-of-sale certificate
2-17 to a person who applies to the department on a form prescribed by
2-18 the department and pays the required application fee unless a
2-19 point-of-sale certificate previously issued to the person has been
2-20 revoked as provided by Subsection (c). The department shall
2-21 establish a uniform point-of-sale certificate form and a reasonable
2-22 application fee for the certificate in an amount necessary to
2-23 administer this section.
2-24 (c) The department shall revoke the certificate of a person
2-25 who is convicted of an offense under Section 161.081.
2-26 (d) A person commits an offense if the person violates this
2-27 section. An offense under this subsection is punishable by a fine
3-1 of not less than $100 or more than $500, by confinement in jail for
3-2 not more than one year, or by both. If a person has been
3-3 previously convicted of an offense under this subsection, the
3-4 offense is punishable by a fine of not less than $500 or more than
3-5 $1,000, by confinement in jail for not more than one year, or by
3-6 both.
3-7 SECTION 4. This Act takes effect January 1, 1998.
3-8 SECTION 5. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.