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.