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.