By Longoria                                            H.B. No. 189
         76R973 BEM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the number of drinks containing an alcoholic beverage
 1-3     that may be served to a person by the holder of an alcoholic
 1-4     beverage permit or license; providing criminal penalties.
 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, 1999.
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.