SRC-JJJ S.B. 222 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 222
76R4257 AJA-DBy: Gallegos
Technology & Business Growth
3/9/1999
As Filed


DIGEST 

Currently, Texas law requires the Texas Alcoholic Beverage Commission or
administrator to suspend a license issued under the Code for certain
violations.  S.B. 222 would provide that a permitee or licensee who
authorizes, permits, or induces a person younger than 18 years of age to
dance with or for another person in exchange for a benefit at their
establishment faces a Class A misdemeanor.  This bill also requires certain
suspensions and possible cancellation of a permit or license to sell
alcoholic beverages upon conviction of certain offenses. 

PURPOSE

As proposed, S.B. 222 establishes certain prohibited activities, by persons
younger than 18 years of age conducted on premises covered by an alcoholic
beverage license or permit, and provides penalties. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.64(a), Alcoholic Beverage Code, to require
the Texas Alcoholic Beverage Commission or administrator to determine
whether the permittee or licensee may have the opportunity to pay a civil
penalty rather than having the permit or license suspended, if the
permittee or licensee violates Section 106.15.  Makes a conforming change. 

SECTION 2.  Amends Chapter 106, Alcohol Beverage Code, by adding Section
106.15, as follows: 

Sec. 106.15.  PROHIBITED ACTIVITIES BY PERSONS YOUNGER THAN 18. Establishes
that a person holding a permit or license issued under this code commits an
offense if the person employs, authorizes, permits, or induces a person
younger than 18 years of age to dance for or with a person in exchange for
a benefit on the premises covered by the permit or license.  Specifies that
an offense under Subsection (a) is a Class A misdemeanor. Requires
suspension or cancellation of the permit or license providing certain
conditions, in addition to a penalty.  Provides that a person does not
commit an offense if the person younger than 18 years of age falsely
represents the person's age as over 18 with identification that appears to
be a valid Texas driver's license or an identification card containing a
description consistent with the person's appearance.    

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.