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.