By West H.B. No. 1390
76R4167 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for certain interstate shipment of
1-3 alcoholic beverages.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 107.07(f), Alcoholic Beverage Code, is
1-6 amended to read as follows:
1-7 (f) Any person in the business of selling alcoholic
1-8 beverages in another state or country who ships or causes to be
1-9 shipped any alcoholic beverage directly to any Texas resident under
1-10 this section commits an offense [is in violation of this code]. An
1-11 offense under this subsection is a Class A misdemeanor, unless it
1-12 is shown at the trial of the offense that the person committed the
1-13 offense after the person received written notice from the
1-14 commission that the person was violating this subsection, in which
1-15 event an offense under this subsection is a state jail felony.
1-16 SECTION 2. (a) This Act takes effect September 1, 1999.
1-17 (b) The change in law made to Section 107.07, Alcoholic
1-18 Beverage Code, by this Act applies only to an offense committed on
1-19 or after the effective date of this Act. For purposes of this
1-20 section, an offense is committed before the effective date of this
1-21 Act if any element of the offense occurs before the effective date.
1-22 (c) An offense committed before the effective date of this
1-23 Act is covered by the law in effect when the offense was committed,
1-24 and the former law is continued in effect for that purpose.
2-1 SECTION 3. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.