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


Senate Research CenterC.S.S.B. 222
By: Gallegos
Economic Development
3/24/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas law requires the Texas Alcoholic Beverage Commission or
administrator to suspend a license issued under the Code for certain
violations.  C.S.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, C.S.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 permitee or licensee commits an offense if the person employs,
authorizes, permits, or induces a person younger than 18 years of age to
dance with another 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.
Establishes that this section does not apply to a gift or benefit given for
a dance at a wedding, anniversary or similar event.  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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Amends Section 106.15, Alcoholic Beverage Code, to  establish that a
permitee or licensee  commits an offense if the person employs, authorizes,
permits, or induces a person younger than 18 years of age to dance with
another person in exchange for a benefit on the premises covered by the
permit or license.  Establishes that this section does not apply to a gift
or benefit given for a dance at a wedding, anniversary, or similar event.