By Wilson                                             H.B. No. 3555
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of the manufacture, distribution, sale,
 1-3     use, possession, and transportation of alcoholic beverages in the
 1-4     state; providing penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 5.50, Alcoholic Beverage Code, is amended
 1-7     by adding Subsection (e) to read as follows:
 1-8           (e)  For the purposes of Subsection (b), the term "the
 1-9     legislative appropriation to the commission for the regulation of
1-10     alcoholic beverages" does not include:
1-11                 (1)  any amount appropriated to pay judgments,
1-12     attorney's fees, settlements, or any expenditure by the commission
1-13     arising out of an action in which the commission is alleged to
1-14     have:
1-15                       (A)  been negligent or discriminatory in an
1-16     action taken or omission made by the commission;
1-17                       (B)  violated the commission's employment
1-18     policies; or
1-19                       (C)  wrongfully terminated a commission employee;
1-20     or
1-21                 (2)  any amount of money appropriated to be paid to or
1-22     expended on a commission employee or other commission personnel who
1-23     are performing an action or service that is not specifically
1-24     related to the enforcement of this code.
 2-1           SECTION 2.  Section 11.09, Alcoholic Beverage Code, is
 2-2     amended to read as follows:
 2-3           Sec. 11.09.  EXPIRATION OR SUSPENSION OF PERMIT.  (a)  A
 2-4     permit issued under this code expires one year after the date it is
 2-5     issued except as otherwise provided by this code.
 2-6           (b)  A secondary permit that requires the holder of the
 2-7     permit to first obtain another permit, including a late hours
 2-8     permit, expires on the same date the basic or primary permit
 2-9     expires.  The commission may not prorate or refund any part of the
2-10     fee for the secondary permit if the application of this section
2-11     results in the expiration of the permit in less than one year.
2-12           (c)  An action by the commission resulting in the suspension
2-13     of a basic or primary permit also acts to suspend any secondary
2-14     permit held by the holder of the basic or primary permit.
2-15           SECTION 3.  Subchapter A, Chapter 11, Alcoholic Beverage
2-16     Code, is amended by adding Section 11.091 to read as follows:
2-17           Sec. 11.091.  NOTIFICATION OF EXPIRED OR SUSPENDED PERMIT.
2-18     (a)  The commission shall verify that the holder of an expired or
2-19     suspended retail permit is not operating in violation of this code.
2-20     The verification, including any inspection of the premises by
2-21     commission personnel, must occur within a reasonable time after the
2-22     date the permit expires or is suspended.
2-23           (b)  The commission shall promptly notify each wholesaler, as
2-24     that term is ordinarily used and understood in Section 102.01, who
2-25     regularly supplies retailers in the geographic area that the
2-26     holder's retail permit has expired or has been suspended.
2-27           SECTION 4.  Section 11.39(a), Alcoholic Beverage Code, is
 3-1     amended to read as follows:
 3-2           (a)  Every applicant for a [pharmacist's medicinal,]
 3-3     brewer's, distiller's and rectifier's, mixed beverage, private club
 3-4     registration, winery, wholesaler's, class B wholesaler's, wine
 3-5     bottler's, or package store permit shall give notice of the
 3-6     application by publication at his own expense in two consecutive
 3-7     issues of a newspaper of general circulation published in the city
 3-8     or town in which his place of business is located.  If no newspaper
 3-9     is published in the city or town, the notice shall be published in
3-10     a newspaper of general circulation published in the county where
3-11     the applicant's business is located.  If no newspaper is published
3-12     in the county, the notice shall be published in a qualified
3-13     newspaper published in the closest neighboring county and
3-14     circulated in the county of the applicant's residence.
3-15           SECTION 5.  Section 11.43, Alcoholic Beverage Code, is
3-16     amended to read as follows:
3-17           Sec. 11.43.  DISCRETION TO GRANT OR REFUSE PERMIT.  [(a)]
3-18     The commission and administrator have discretionary authority to
3-19     grant or refuse to issue an original or renewal permit under the
3-20     provisions of this subchapter or any other applicable provision of
3-21     this code.
3-22           [(b)  Notwithstanding any other provision of this code that
3-23     authorizes the commission or administrator to refuse to issue a
3-24     permit without a hearing, the commission or administrator shall
3-25     hold a hearing before granting or refusing to issue an original
3-26     mixed beverage permit, private club registration permit, wine and
3-27     beer retailer's permit, or retail dealer's on-premise license if a
 4-1     sexually oriented business is to be operated on the premises to be
 4-2     covered by the permit or license.]
 4-3           [(c)  A hearing shall be held on any renewal application of a
 4-4     mixed beverage permit, private club registration permit, wine and
 4-5     beer retailer's permit, or retail dealer's on-premise license if a
 4-6     sexually oriented business is to be operated on the premises to be
 4-7     covered by the permit or license and a petition is presented to the
 4-8     commission requesting a hearing which is signed by 50 percent of
 4-9     the residents who reside within 300 feet of any property line of
4-10     the affected premises.]
4-11           [(d)  A request for a hearing made under Subsection (b) or
4-12     (c) of this section must include an allegation of grounds on which
4-13     the original or renewal application, as applicable, should be
4-14     denied.]
4-15           SECTION 6.  Section 11.611, Alcoholic Beverage Code, is
4-16     amended to read as follows:
4-17           Sec. 11.611.  CONVICTION OF OFFENSE RELATING TO
4-18     DISCRIMINATION.  The commission or administrator may suspend for
4-19     not more than 60 days or cancel an original or renewal permit if it
4-20     is found, after notice and hearing that:
4-21                 (1)  the permittee has been finally convicted of any
4-22     offense under state or federal law or a municipal ordinance
4-23     prohibiting the violation of an individual's civil rights or the
4-24     discrimination against an individual on the basis of the
4-25     individual's race, color, disability, religion, sex [creed], or
4-26     national  origin; and
4-27                 (2)  the offense was committed on the licensed premises
 5-1     or in connection with the operation of the permittee's business.
 5-2           SECTION 7.  Subchapter C, Chapter 11, Alcoholic Beverage
 5-3     Code, is amended by adding Sections 11.72 and 11.73 to read as
 5-4     follows:
 5-5           Sec. 11.72.  AFFIRMATION OF COMPLIANCE.  A person who holds a
 5-6     permit under Chapter 19, 20, 21, or 23 may not be subject to an
 5-7     administrative sanction for selling or delivering an alcoholic
 5-8     beverage to a retailer not authorized to purchase and receive the
 5-9     alcoholic beverage if the permit holder:
5-10                 (1)  reasonably believes that the retailer is
5-11     authorized to purchase and receive that type of alcoholic beverage;
5-12     and
5-13                 (2)  obtains from the retailer at the time of delivery
5-14     a written affirmation, which may be printed or stamped on a sales
5-15     invoice evidencing the sale or delivery of alcoholic beverages by
5-16     the permit holder, that the retailer is authorized to purchase and
5-17     receive the type of alcoholic beverage sold and delivered by the
5-18     permit holder.
5-19           Sec. 11.73.  DISCIPLINE FOR ACTIONS OF AGENT.  The commission
5-20     or administrator may suspend or revoke the permit of a person who
5-21     is represented by the holder of an agent's permit as described by
5-22     Section 35.01 or otherwise discipline the person based on an act or
5-23     omission of the holder of an agent's permit only if an individual
5-24     employed by the person in a supervisory position:
5-25                 (1)  was directly involved in the act or omission of
5-26     the holder of an agent's permit;
5-27                 (2)  had notice or knowledge of the act or omission;
 6-1     and
 6-2                 (3)  failed to take reasonable steps to prevent the act
 6-3     or omission.
 6-4           SECTION 8.  Chapter 12, Alcoholic Beverage Code, is amended
 6-5     by adding Section 12.06 to read as follows:
 6-6           Sec. 12.06.  OPERATION OF BREWING FACILITY IN ECONOMICALLY
 6-7     DISTRESSED AREA.  (a)  This section applies only to the holder of a
 6-8     brewer's permit that owns or leases a manufacturing facility that:
 6-9                 (1)  was formerly the premises of another holder of a
6-10     brewer's permit or a manufacturer's license who has announced plans
6-11     to discontinue operations at the premises, has declared bankruptcy,
6-12     or has otherwise ceased operations at the premises; and
6-13                 (2)  is located in a county that anticipates the loss
6-14     or has lost more than 200 jobs as a result of the previous permit
6-15     or license holder's ceasing operations at the premises.
6-16           (b)  A holder of a brewer's permit, in addition to any other
6-17     authority granted by this code, may:
6-18                 (1)  lease a portion of the facility to another holder
6-19     of a brewer's permit or a manufacturer's license; and
6-20                 (2)  manufacture or brew malt liquor, on contract, for
6-21     other persons.
6-22           (c)  A holder of a brewer's permit may operate under this
6-23     section until the end of the 120th month after the month in which
6-24     the holder initially purchased or leased the manufacturing facility
6-25     described by Subsection (a).
6-26           SECTION 9.  Section 16.01(d), Alcoholic Beverage Code, is
6-27     amended to read as follows:
 7-1           (d)  The holder of a winery permit may sell wine to ultimate
 7-2     consumers for consumption on or off winery premises and dispense
 7-3     free wine for consumption on or off the winery premises if the
 7-4     winery is located:
 7-5                 (1)  in a city that:
 7-6                       (A) [(1)]  is located in three or more counties,
 7-7     at least one of which has a population of 500,000 or more; and
 7-8                       (B) [(2)]  has within its boundaries all or part
 7-9     of an international airport; or
7-10                 (2)  in a county that:
7-11                       (A)  has a population of 270,000 or more; and
7-12                       (B)  is adjacent to two or more counties with a
7-13     population of one million or more.
7-14           SECTION 10.  Chapter 16, Alcoholic Beverage Code, is amended
7-15     by adding Section 16.08 to read as follows:
7-16           Sec. 16.08.  WINE FESTIVALS.  (a)  At an event that is
7-17     approved by the commission, organized to celebrate and promote the
7-18     wine industry in this state, and held in whole or in part on the
7-19     premises of the holder of a winery permit, the permit holder may:
7-20                 (1)  sell wine to consumers for consumption on or off
7-21     the holder's premises; and
7-22                 (2)  dispense wine without charge for consumption on or
7-23     off the holder's premises.
7-24           (b)  The holder of a winery permit may sell wine to the
7-25     holder of a temporary permit issued under Chapter 27, 30, or 33 for
7-26     an event that is approved by the commission and organized to
7-27     celebrate and promote the wine industry in this state.
 8-1           (c)  The holder of a winery permit may not hold more than
 8-2     four events described by Subsection (a) each year.
 8-3           SECTION 11.  Section 24.07, Alcoholic Beverage Code, is
 8-4     amended to read as follows:
 8-5           Sec. 24.07.  WHEN LICENSE ALSO HELD:  HOURS OF SALE, ETC.  A
 8-6     holder of a wine only package store permit who also holds a retail
 8-7     dealer's off-premise license for the same location may remain open
 8-8     and sell ale, wine, vinous liquors, and beer, for off-premises
 8-9     consumption only, on any day and during the same hours that the
8-10     holder of a wine and beer retailer's permit may sell ale, beer, and
8-11     wine, except that he may not sell wine or vinous liquor containing
8-12     more than 17 [14] percent alcohol by volume on a Sunday or after 10
8-13     p.m. on any day.
8-14           SECTION 12.  Section 25.01, Alcoholic Beverage Code, is
8-15     amended to read as follows:
8-16           Sec. 25.01.  AUTHORIZED ACTIVITIES.  The holder of a wine and
8-17     beer retailer's permit may sell:
8-18                 (1)  for consumption on or off the premises where sold,
8-19     but not for resale, wine containing not more than 17 percent
8-20     alcohol by volume and [,] beer[,] and malt liquors containing
8-21     alcohol in excess of one-half of one percent by volume and not more
8-22     than 14 percent by volume; and
8-23                 (2)  for consumption on the premises traditional port
8-24     or sherry containing alcohol in excess of one-half of one percent
8-25     by volume and not more than 24 percent by volume.
8-26           SECTION 13.  Section 25.09, Alcoholic Beverage Code, is
8-27     amended to read as follows:
 9-1           Sec. 25.09.  POSSESSION OF CERTAIN BEVERAGES PROHIBITED.  No
 9-2     wine and beer retailer's permittee, nor officer of the permittee,
 9-3     may possess [distilled spirits or liquor containing alcohol in
 9-4     excess of 14 percent by volume] on the licensed premises any
 9-5     alcoholic beverage the permittee is not authorized to sell.
 9-6           SECTION 14.  Section 26.01, Alcoholic Beverage Code, is
 9-7     amended to read as follows:
 9-8           Sec. 26.01.  AUTHORIZED ACTIVITIES.  The holder of a wine and
 9-9     beer retailer's off-premise permit may sell for off-premises
9-10     consumption only, but not for resale, wine containing not more than
9-11     17 percent alcohol by volume and [,] beer[,] and malt liquors
9-12     containing alcohol in excess of one-half of one percent by volume
9-13     but not more than 14 percent by volume.
9-14           SECTION 15.  Section 27.01, Alcoholic Beverage Code, is
9-15     amended to read as follows:
9-16           Sec. 27.01.  AUTHORIZED ACTIVITIES.  The holder of a
9-17     temporary wine and beer retailer's permit may sell for consumption
9-18     on or off the premises where sold, but not for resale, wine
9-19     containing not more than 17 percent alcohol by volume and[,]
9-20     beer[,] and malt liquors containing alcohol in excess of one-half
9-21     of one percent by volume but not more than 14 percent by volume.
9-22     The permit does not authorize the sale of those beverages outside
9-23     the county for which it is issued.
9-24           SECTION 16.  Section 27.11, Alcoholic Beverage Code, is
9-25     amended to read as follows:
9-26           Sec. 27.11.  AUTHORIZED ACTIVITIES.  The holder of a special
9-27     three-day wine and beer permit may sell for consumption on the
 10-1    premises for which the permit is issued, but not for resale, wine
 10-2    containing not more than 17 percent alcohol by volume and[,]
 10-3    beer[,] and malt liquors containing alcohol in excess of one-half
 10-4    of one percent by volume but not more than 14 percent by volume.
 10-5          SECTION 17.  Section 42.01(a), Alcoholic Beverage Code, is
 10-6    amended to read as follows:
 10-7          (a)  The holder of a private carrier permit who is also a
 10-8    holder of a brewer's, distiller's and rectifier's, winery,
 10-9    wholesaler's, class B wholesaler's, or wine bottler's permit may
10-10    transport liquor from the place of purchase to his place of
10-11    business and from the place of sale or distribution to the
10-12    purchaser in vehicles owned or leased in good faith by the holder,
10-13    or in a vehicle owned or leased by the holder of a permit issued
10-14    under Chapter 35, if the transportation is for a lawful purpose.
10-15          SECTION 18.  Section 61.03, Alcoholic Beverage Code, is
10-16    amended  to read as follows:
10-17          Sec. 61.03.  [DURATION AND] EXPIRATION OR SUSPENSION OF
10-18    LICENSE.  (a)  Except as provided by Subsection (b), a [No] license
10-19    may not be issued for a term longer than one year.  Any license
10-20    except a branch, importer's, importer's carrier's, or temporary
10-21    license expires one year after the date on which it is issued.
10-22          (b)  A secondary license that requires the holder of the
10-23    license to first obtain another license, including a late hours
10-24    license, expires on the same date the basic or primary license
10-25    expires.  The commission may not prorate or refund any part of the
10-26    fee for the secondary license if the application of this section
10-27    results in the expiration of the license in less than one year.
 11-1          (c)  An action by the commission resulting in the suspension
 11-2    of a basic or primary license also acts to suspend any secondary
 11-3    license held by the holder of the basic or primary license.
 11-4          SECTION 19.  Subchapter A, Chapter 61, Alcoholic Beverage
 11-5    Code, is amended by adding Section 61.031 to read as follows:
 11-6          Sec. 61.031.  NOTIFICATION OF EXPIRED OR SUSPENDED LICENSE.
 11-7    (a)  The commission shall verify that the holder of an expired or
 11-8    suspended retail license is not operating in violation of this
 11-9    code.  The verification, including any inspection of the premises
11-10    by commission personnel, must occur within a reasonable time after
11-11    the date the license expires or is suspended.
11-12          (b)  The commission shall promptly notify each wholesaler, as
11-13    that term is ordinarily used and understood in Section 102.01, who
11-14    regularly supplies retailers in the geographic area that the
11-15    holder's retail license has expired or has been suspended.
11-16          SECTION 20.  Section 61.711, Alcoholic Beverage Code, is
11-17    amended to read as follows:
11-18          Sec. 61.711.  RETAIL DEALER:  CONVICTION OF OFFENSE RELATING
11-19    TO DISCRIMINATION.  The commission or administrator may suspend for
11-20    not more than 60 days or cancel an original or renewal retail
11-21    dealer's on- or off-premise license if it is found after notice and
11-22    hearing that:
11-23                (1)  the licensee has been finally convicted of any
11-24    offense under a state or federal law or a municipal ordinance
11-25    prohibiting the violation of an individual's civil rights or the
11-26    discrimination against an individual on the basis of the
11-27    individual's race, color, disability, religion, sex [creed], or
 12-1    national origin; and
 12-2                (2)  the offense was committed on the licensed premises
 12-3    or in connection with the operation of the licensee's business.
 12-4          SECTION 21.  Subchapter C, Chapter 61, Alcoholic Beverage
 12-5    Code, is amended by adding Sections 61.86 and 61.87 to read as
 12-6    follows:
 12-7          Sec. 61.86.  AFFIRMATION OF COMPLIANCE.  A person who holds a
 12-8    license under Chapter 64, 65, or 66 may not be subject to an
 12-9    administrative sanction for selling or delivering an alcoholic
12-10    beverage to a retailer not authorized to purchase and receive the
12-11    alcoholic beverage if the license holder:
12-12                (1)  reasonably believes that the retailer is
12-13    authorized to purchase and receive that type of alcoholic beverage;
12-14    and
12-15                (2)  obtains from the retailer at the time of delivery
12-16    a written affirmation, which may be printed or stamped on a sales
12-17    invoice evidencing the sale or delivery of alcoholic beverages by
12-18    the license holder, that the retailer is authorized to purchase and
12-19    receive the type of alcoholic beverage sold and delivered by the
12-20    license holder.
12-21          Sec. 61.87.  DISCIPLINE FOR ACTIONS OF AGENT.  The commission
12-22    or administrator may suspend or revoke the license of a person who
12-23    is the employer of or represented by the holder of an agent's beer
12-24    license as described by Section 73.01 or otherwise discipline the
12-25    person based on an act or omission of the holder of the agent's
12-26    beer license only if an individual employed by the person in a
12-27    supervisory position:
 13-1                (1)  was directly involved in the act or omission of
 13-2    the holder of the agent's beer license;
 13-3                (2)  had notice or knowledge of the act or omission;
 13-4    and
 13-5                (3)  failed to take reasonable steps to prevent the act
 13-6    or omission.
 13-7          SECTION 22.  Chapter 62, Alcoholic Beverage Code, is amended
 13-8    by adding Section 62.14 to read as follows:
 13-9          Sec. 62.14.  OPERATION OF MANUFACTURING ESTABLISHMENT IN
13-10    ECONOMICALLY DISTRESSED AREA.  (a)  This section applies only to
13-11    the holder of a manufacturer's license that owns or leases a
13-12    manufacturing establishment that:
13-13                (1)  was formerly the premises of another holder of a
13-14    brewer's permit or a manufacturer's license who has announced plans
13-15    to discontinue operations at the facility, has declared bankruptcy,
13-16    or has otherwise ceased operations at those premises; and
13-17                (2)  is located in a county that anticipates the loss
13-18    or has lost more than 200 jobs as a result of the previous permit
13-19    or license holder's ceasing operations.
13-20          (b)  A holder of a manufacturer's license, in addition to any
13-21    other authority granted by this code, may:
13-22                (1)  lease a portion of the facility to another holder
13-23    of a brewer's permit or a manufacturer's license; and
13-24                (2)  manufacture or brew beer, on contract, for other
13-25    persons.
13-26          (c)  A holder of a manufacturer's license may operate under
13-27    this section until the end of the 120th month after the month in
 14-1    which the holder initially purchased or leased the manufacturing
 14-2    establishment described by Subsection (a).
 14-3          SECTION 23.  Section 102.07, Alcoholic Beverage Code, is
 14-4    amended by amending Subsection (a) and adding Subsection (g) to
 14-5    read as follows:
 14-6          (a)  Except as provided in Subsections (b), [and] (d), and
 14-7    (g) [of this section], no person who owns or has an interest in the
 14-8    business of a distiller, brewer, rectifier, wholesaler, class B
 14-9    wholesaler, winery, or wine bottler, nor the agent, servant, or
14-10    employee of such a person, may:
14-11                (1)  own or have a direct or indirect interest in the
14-12    business, premises, equipment, or fixtures of a retailer;
14-13                (2)  furnish, give, or lend any money, service, or
14-14    thing of value to a retailer;
14-15                (3)  guarantee a financial obligation of a retailer;
14-16                (4)  make or offer to enter an agreement, condition, or
14-17    system which will in effect amount to the shipment and delivery of
14-18    alcoholic beverages on consignment;
14-19                (5)  furnish, give, rent, lend, or sell to a retail
14-20    dealer any equipment, fixtures, or supplies to be used in selling
14-21    or dispensing alcoholic beverages, except that alcoholic beverages
14-22    may be packaged in combination with other items if the package is
14-23    designed to be delivered intact to the ultimate consumer and the
14-24    additional items have no value or benefit to the retailer other
14-25    than that of having the potential of attracting purchases and
14-26    promoting sales;
14-27                (6)  pay or make an allowance to a retailer for a
 15-1    special advertising or distribution service;
 15-2                (7)  allow an excessive discount to a retailer; or
 15-3                (8)  offer a prize, premium, gift, or similar
 15-4    inducement to a retailer or to the agent, servant, or employee of a
 15-5    retailer.
 15-6          (g)  Subsection (a) does not prohibit a permittee covered
 15-7    under Subsection (a) from prearranging or preannouncing a
 15-8    promotional activity otherwise permitted by this code with a
 15-9    retailer about a promotional activity to be held on the retailer's
15-10    premises.  A holder of a wholesaler's or class B wholesaler's
15-11    permit may prearrange a promotional activity only for distilled
15-12    spirits or wine.  A permittee may not:
15-13                (1)  preannounce a promotion to a consumer, if the
15-14    permittee is the holder of a wholesaler's or class B wholesaler's
15-15    permit; or
15-16                (2)  preannounce the purchase of wine or distilled
15-17    spirits to a consumer.
15-18          SECTION 24.  Subchapter D, Chapter 102, Alcoholic Beverage
15-19    Code, is amended by adding Section 102.775 to read as follows:
15-20          Sec. 102.775.  ARBITRATION LOCATION.  If arbitration is used
15-21    to settle a dispute between a manufacturer and a distributor, the
15-22    arbitration proceeding must be conducted in the county in which the
15-23    distributor's principal place of business is located unless the
15-24    parties agree, at the time of the arbitration, to another location.
15-25          SECTION 25.  Section 106.03, Alcoholic Beverage Code, is
15-26    amended by adding Subsection (d) to read as follows:
15-27          (d)  If a person has been previously convicted of a violation
 16-1    of this section or Section 101.63, a violation is a state jail
 16-2    felony.
 16-3          SECTION 26.  Chapter 106, Alcoholic Beverage Code, is amended
 16-4    by adding Section 106.15 to read as follows:
 16-5          Sec. 106.15.  EMPLOYMENT HARMFUL TO MINORS.  (a)  In this
 16-6    section:
 16-7                (1)  "Minor" has the meaning assigned by Section
 16-8    106.01.
 16-9                (2)  "Nude" has the meaning assigned by Section 43.251,
16-10    Penal Code.
16-11                (3)  "Sexually oriented commercial activity" has the
16-12    meaning assigned by Section 43.251, Penal Code.
16-13          (b)  The commission or administrator shall cancel a license
16-14    or permit issued under this code if the license or permit holder
16-15    employs, authorizes, or induces a minor to work on the holder's
16-16    premises:
16-17                (1)  in a sexually oriented commercial activity; or
16-18                (2)  in a place of business permitting, requesting, or
16-19    requiring a person to work nude.
16-20          SECTION 27.  Chapter 106, Alcoholic Beverage Code, is amended
16-21    by adding Section 106.16 to read as follows:
16-22          Sec. 106.16.  PRESENCE OF MINOR ON LICENSED PREMISES.  (a)
16-23    Except as provided by Subsection (b):
16-24                (1)  a minor may not be on premises covered by a permit
16-25    or license issued under Chapter 25, 28, 29, 69, or 70; and
16-26                (2)  the holder of a permit or license issued under
16-27    this code may not allow a minor to be on the premises covered by
 17-1    the permit or license.
 17-2          (b)  This section does not apply if:
 17-3                (1)  the minor at all times while on the premises is in
 17-4    the presence of the minor's parent or adult spouse or an adult
 17-5    person into whose custody a court has committed the minor;
 17-6                (2)  the business operated on the premises derives:
 17-7                      (A)  65 percent or more of its gross revenues
 17-8    from the sale of food and other goods, not including alcoholic
 17-9    beverages; or
17-10                      (B)  50 percent or more of its gross revenues
17-11    from the sale of tickets to outdoor live performances; or
17-12                (3)  the minor's presence is in the course of
17-13    employment permitted under this code.
17-14          SECTION 28.  Section 107.07(f), Alcoholic Beverage Code, is
17-15    amended to read as follows:
17-16          (f)  Any person in the business of selling alcoholic
17-17    beverages in another state or country who ships or causes to be
17-18    shipped any alcoholic beverage directly to any Texas resident under
17-19    this section commits an offense [is in violation of this code].  An
17-20    offense under this subsection is a Class A misdemeanor, unless it
17-21    is shown at the trial of the offense that the person committed the
17-22    offense after the person received written notice from the
17-23    commission that the person was violating this subsection, in which
17-24    event an offense under this subsection is a state jail felony.
17-25          SECTION 29.  Section 109.53, Alcoholic Beverage Code, is
17-26    amended to read as follows:
17-27          Sec. 109.53.  CITIZENSHIP OF PERMITTEE; CONTROL OF PREMISES;
 18-1    SUBTERFUGE OWNERSHIP; ETC.  No person who has not been a citizen of
 18-2    Texas for a period of one year immediately preceding the filing of
 18-3    his application therefor shall be eligible to receive a permit
 18-4    under this code.  No permit except a brewer's permit, and such
 18-5    other licenses and permits as are necessary to the operation of a
 18-6    brewer's permit, shall be issued to a corporation unless the same
 18-7    be incorporated under the laws of the state and unless at least 51
 18-8    percent of the stock of the corporation is owned at all times by
 18-9    citizens who have resided within the state for a period of one year
18-10    and who possess the qualifications required of other applicants for
18-11    permits;  provided, however, that the restrictions contained in the
18-12    preceding clause shall not apply to domestic or foreign
18-13    corporations that were engaged in the legal alcoholic beverage
18-14    business in this state under charter or permit prior to August 24,
18-15    1935.  Partnerships, firms, and associations applying for permits
18-16    shall be composed wholly of citizens possessing the qualifications
18-17    above enumerated.  Any corporation (except carrier) holding a
18-18    permit under this code which shall violate any provisions hereof,
18-19    or any rule or regulation promulgated hereunder, shall be subject
18-20    to forfeiture of its charter and it shall be the duty of the
18-21    attorney general, when any such violation is called to his
18-22    attention, to file a suit for such cancellation in a district court
18-23    of Travis County.  Such provisions of this section as require Texas
18-24    citizenship or require incorporation in Texas shall not apply to
18-25    the holders of agent's, industrial, [medicinal] and carrier's
18-26    permits.  No person shall sell, warehouse, store or solicit orders
18-27    for any liquor in any wet area without first having procured a
 19-1    permit of the class required for such privilege, or consent to the
 19-2    use of or allow his permit to be displayed by or used by any person
 19-3    other than the one to whom the permit was issued.  It is the intent
 19-4    of the legislature to prevent subterfuge ownership of or unlawful
 19-5    use of a permit or the premises covered by such permit; and all
 19-6    provisions of this code shall be liberally construed to carry out
 19-7    this intent, and it shall be the duty of the commission or the
 19-8    administrator to provide strict adherence to the general policy of
 19-9    preventing subterfuge ownership and related practices hereinafter
19-10    declared to constitute unlawful trade practices.  No applicant for
19-11    a package store permit or a renewal thereof shall have authority to
19-12    designate as "premise" and the commission or administrator shall
19-13    not approve a lesser area than that specifically defined as
19-14    "premise" in Section 11.49(a) of this code.  Every permittee shall
19-15    have and maintain exclusive occupancy and control of the entire
19-16    licensed premises in every phase of the storage, distribution,
19-17    possession, and transportation and sale of all alcoholic beverages
19-18    purchased, stored or sold on the licensed premises.  Any device,
19-19    scheme or plan which surrenders control of the employees, premises
19-20    or business of the permittee to persons other than the permittee
19-21    shall be unlawful.  No minor, unless accompanied by his or her
19-22    parent, guardian, adult husband or adult wife, or other adult
19-23    person into whose custody he or she has been committed for the time
19-24    by some court, shall knowingly be allowed on the premises of the
19-25    holder of a package store permit.  The prohibition against the
19-26    presence of a minor on the premises of the holder of a package
19-27    store permit does not apply to the presence on the premises of the
 20-1    holder or a person lawfully employed by the holder.  Any package
 20-2    store permittee who shall be injured in his business or property by
 20-3    another package store permittee by reason of anything prohibited in
 20-4    this section may institute suit in any district court in the county
 20-5    wherein the violation is alleged to have occurred to require
 20-6    enforcement by injunctive procedures and/or to recover threefold
 20-7    the damages by him sustained;  plus costs of suit including a
 20-8    reasonable attorney's fee.  The provisions prohibiting the
 20-9    licensing of only a portion of a building as premise for a package
20-10    store permit shall not apply to hotels as already defined in this
20-11    code.
20-12          SECTION 30.  Section 109.56, Alcoholic Beverage Code, is
20-13    amended to read as follows:
20-14          Sec. 109.56.  CONVICTION OF OFFENSE RELATING TO
20-15    DISCRIMINATION; POLICY OF NONDISCRIMINATION.  The commission or
20-16    administrator may suspend for not more than 60 days or cancel an
20-17    original or renewal permit if it is found, after notice and hearing
20-18    that:
20-19                (1)  the permittee has been finally convicted of any
20-20    offense under state or federal law or a municipal ordinance
20-21    prohibiting the violation of an individual's civil rights or the
20-22    discrimination against an individual on the basis of the
20-23    individual's race, color, disability, national origin [creed], sex,
20-24    or religion; and
20-25                (2)  the offense was committed on the licensed premises
20-26    or in connection with the operation of the permittee's business.
20-27          SECTION 31.  Section 251.11, Alcoholic Beverage Code, is
 21-1    amended to read as follows:
 21-2          Sec. 251.11.  REQUIREMENTS TO ORDER ELECTION.  (a) Except as
 21-3    provided by Subsection (b), the [The] commissioners court, at its
 21-4    next regular session after the petition is filed, shall order a
 21-5    local option election to be held on the issue set out in the
 21-6    petition if the petition is filed with the registrar of voters not
 21-7    later than 30 days after it is issued and bears in the actual
 21-8    handwriting of the signers the following:
 21-9                (1)  the actual signatures of a number of qualified
21-10    voters of the political subdivision equal to 35 percent of the
21-11    registered voters in the subdivision;
21-12                (2)  a notation showing the residence address of each
21-13    of the signers; and
21-14                (3)  each signer's voter registration certificate
21-15    number.
21-16          (b)  A petition for a local option election related to the
21-17    legalization of the sale of mixed beverages only in an
21-18    establishment that holds a food and beverage certificate must have
21-19    the actual signatures, residence addresses, and voter registration
21-20    certificate numbers of a number of qualified voters of the
21-21    political subdivision equal to five percent of the registered
21-22    voters in the subdivision. The petition must be filed not later
21-23    than the 60th day after the date the petition is issued.
21-24          SECTION 32.  Sections 251.14(a), (b), (c), and (e), Alcoholic
21-25    Beverage Code, are amended to read as follows:
21-26          (a)  In the ballot issues prescribed in this section, "wine"
21-27    is limited to vinous beverages that do not contain more than 17
 22-1    [14] percent alcohol by volume and includes malt beverages that do
 22-2    not exceed that alcohol content.  For local option purposes, those
 22-3    beverages, sold and dispensed to the public in unbroken, sealed,
 22-4    individual containers, are a separate and distinct type of
 22-5    alcoholic beverage.
 22-6          (b)  In areas where any type or classification of alcoholic
 22-7    beverages is prohibited and the issue submitted pertains to
 22-8    legalization of the sale of one or more of the prohibited types or
 22-9    classifications, the ballot shall be prepared to permit voting for
22-10    or against one of the following issues:
22-11                (1)  "The legal sale of beer for off-premise
22-12    consumption only."
22-13                (2)  "The legal sale of beer."
22-14                (3)  "The legal sale of beer and wine for off-premise
22-15    consumption only."
22-16                (4)  "The legal sale of beer and wine."
22-17                (5)  "The legal sale of all alcoholic beverages for
22-18    off-premise consumption only."
22-19                (6)  "The legal sale of all alcoholic beverages except
22-20    mixed beverages."
22-21                (7)  "The legal sale of all alcoholic beverages
22-22    including mixed beverages."
22-23                (8)  "The legal sale of mixed beverages."
22-24                (9)  "The legal sale of mixed beverages in restaurants
22-25    by food and beverage certificate holders only."
22-26                (10)  "The legal sale of wine on the premises of a
22-27    holder of a winery permit."
 23-1          (c)  In areas where the sale of all alcoholic beverages
 23-2    including mixed beverages has been legalized, the ballot shall be
 23-3    prepared to permit voting for or against one of the following
 23-4    issues in any prohibitory election:
 23-5                (1)  "The legal sale of beer for off-premise
 23-6    consumption only."
 23-7                (2)  "The legal sale of beer."
 23-8                (3)  "The legal sale of beer and wine for off-premise
 23-9    consumption only."
23-10                (4)  "The legal sale of beer and wine."
23-11                (5)  "The legal sale of all alcoholic beverages for
23-12    off-premise consumption only."
23-13                (6)  "The legal sale of all alcoholic beverages except
23-14    mixed beverages."
23-15                (7)  "The legal sale of all alcoholic  beverages
23-16    including mixed beverages."
23-17                (8)  "The legal sale of mixed beverages."
23-18                (9)  "The legal sale of mixed beverages in restaurants
23-19    by food and beverage certificate holders only."
23-20          (e)  In areas where the sale of beverages containing alcohol
23-21    not in excess of 17 [14] percent by volume has been legalized, and
23-22    those of higher alcoholic content are prohibited, the ballot shall
23-23    be prepared to permit voting for or against one of the following
23-24    issues in any prohibitory election:
23-25                (1)  "The legal sale of beer for off-premise
23-26    consumption only."
23-27                (2)  "The legal sale of beer."
 24-1                (3)  "The legal sale of beer and wine for off-premise
 24-2    consumption only."
 24-3                (4)  "The legal sale of beer and wine."
 24-4                (5)  "The legal sale of wine on the premises of a
 24-5    holder of a winery permit."
 24-6          SECTION 33.  Section 251.15(b), Alcoholic Beverage Code, is
 24-7    amended to read as follows:
 24-8          (b)  In any legalization or prohibitory local option election
 24-9    where any shade or aspect of the issue submitted involves the sale
24-10    of mixed beverages, any other type or classification of alcoholic
24-11    beverage that was legalized prior to the election remains legalized
24-12    without regard to the outcome of that election on the question of
24-13    mixed beverages.  If the sale of mixed beverages by food and
24-14    beverage certificate holders was legalized before a local option
24-15    election on the general sale of mixed beverages, the sale of mixed
24-16    beverages in an establishment that holds a food and beverage
24-17    certificate remains legalized without regard to the outcome of the
24-18    election on the general sale of mixed beverages.
24-19          SECTION 34.  Subchapter A, Chapter 251, Alcoholic Beverage
24-20    Code, is amended by adding Section 251.18 to read as follows:
24-21          Sec. 251.18.  ELECTION IN CERTAIN CITIES AND TOWNS.  (a)
24-22    This section applies only to an election to permit or prohibit the
24-23    legal sale of mixed beverages by a food and beverage certificate
24-24    holder in an incorporated city or town that is located in more than
24-25    one county.
24-26          (b)  An election to which this section applies shall be
24-27    conducted by the city or town instead of the county.  For the
 25-1    purposes of this section, in this subchapter and Subchapters B and
 25-2    C:
 25-3                (1)  a reference to the county is considered to refer
 25-4    to the city or town;
 25-5                (2)  a reference to the commissioners court is
 25-6    considered to refer to the governing body of the city or town;
 25-7                (3)  a reference to the county clerk or registrar of
 25-8    voters is considered to refer to the secretary of the city or town
 25-9    or, if the city or town does not have a secretary, to the person
25-10    performing the functions of a secretary of the city or town; and
25-11                (4)  a reference to the county judge is considered to
25-12    refer to the mayor of the city or town or, if the city or town does
25-13    not have a mayor, to the presiding officer of the governing body of
25-14    the city or town.
25-15          (c)  The city or town shall pay the expense of the election.
25-16          SECTION 35.  Subchapter A, Chapter 251, Alcoholic Beverage
25-17    Code, is amended by adding Section 251.19 to read as follows:
25-18          Sec. 251.19.  ELECTION IN CERTAIN CITIES AND TOWNS.  (a)
25-19    This section applies only to an incorporated city or town located
25-20    in more than one county.
25-21          (b)  Any election conducted under this chapter in a city or
25-22    town to which this section applies shall be conducted by the city
25-23    or town instead of the county.  For the purposes of this section,
25-24    in this subchapter and Subchapters B and C:
25-25                (1)  a reference to the county is considered to refer
25-26    to the city or town;
25-27                (2)  a reference to the commissioners court is
 26-1    considered to refer to the governing body of the city or town;
 26-2                (3)  a reference to the county clerk or registrar of
 26-3    voters is considered to refer to the secretary of the city or town
 26-4    or, if the city or town does not have a secretary, to the person
 26-5    performing the functions of a secretary of the city or town; and
 26-6                (4)  a reference to the county judge is considered to
 26-7    refer to the mayor of the city or town or, if the city or town does
 26-8    not have a mayor, to the presiding officer of the governing body of
 26-9    the city or town.
26-10          (c)  The city or town shall pay the expense of the election.
26-11          (d)  An action to contest the election under Section 251.55
26-12    may be brought in the district court of any county in which the
26-13    city or town is located.
26-14          SECTION 36.  Subchapter D, Chapter 251, Alcoholic Beverage
26-15    Code, is amended by adding Section 251.81 to read as follows:
26-16          Sec. 251.81.  SALE OF WINE.  (a)  If the sale of wine was
26-17    approved in an area by a local option election, other than a local
26-18    option election that approved the sale of all alcoholic beverages,
26-19    before September 1, 1999, an alcoholic beverage license or permit
26-20    holder may not sell in that area wine containing more than 14
26-21    percent alcohol by volume unless a subsequent local option election
26-22    approves the sale of wine or wine and other alcoholic beverages.
26-23          (b)  The commission shall, on the face of each alcoholic
26-24    beverage license or permit, indicate whether the holder may sell
26-25    wine and, if the license or permit holder may sell wine, whether
26-26    the holder may sell wine up to 14 percent alcohol or 17 percent
26-27    alcohol by volume.
 27-1          SECTION 37.  Chapter 38, Code of Criminal Procedure, is
 27-2    amended by adding Article 38.39 to read as follows:
 27-3          Art. 38.39.  DWI VIDEOTAPES.  (a)  A person arrested for an
 27-4    offense under Section 49.04, 49.07, or 49.08, Penal Code, must be
 27-5    videotaped if the county in which the person is arrested is
 27-6    required to maintain videotaping equipment.
 27-7          (b)  Each county with a population of 25,000 or more shall
 27-8    purchase and maintain electronic devices capable of visually
 27-9    recording a person arrested in the county for an offense under
27-10    Section 49.04, 49.07, or 49.08, Penal Code.
27-11          (c)  A videotape made under this article must be maintained
27-12    until the final disposition of any proceeding against the defendant
27-13    relating to the arrest and must be made available to any attorney
27-14    representing the defendant during the period it is maintained.
27-15          (d)  If a videotape of a defendant is not made as required by
27-16    this article:
27-17                (1)  the results of an analysis of a specimen are
27-18    inadmissible in a subsequent proceeding if the person consented to
27-19    the taking of the specimen of the person's blood or breath; or
27-20                (2)  the person's refusal is inadmissible in a
27-21    subsequent proceeding if the person refused to consent to the
27-22    taking of a specimen of the person's blood or breath.
27-23          SECTION 38.  Section 5(d), Article 42.12, Code of Criminal
27-24    Procedure, is amended to read as follows:
27-25          (d)  In all other cases the judge may grant deferred
27-26    adjudication unless:
27-27                (1)  the defendant is charged with an offense:
 28-1                      (A)  under Section [49.04, 49.05, 49.06,]
 28-2    49.07[,] or 49.08, Penal Code; [or]
 28-3                      (B)  during the commission of which the defendant
 28-4    was involved in an accident involving a motor vehicle and the
 28-5    accident caused bodily injury to any person or damage to any
 28-6    property;
 28-7                      (C)  after arrest for which the defendant refused
 28-8    to submit to the taking of a breath or blood specimen under Section
 28-9    724.012, Transportation Code; or
28-10                      (D)  for which punishment may be increased under
28-11    Section 49.09, Penal Code, or Section 481.134(c), (d), (e), or (f),
28-12    Health and Safety Code, if it is shown that the defendant has been
28-13    previously convicted of an offense for which punishment was
28-14    increased under Section 49.09 or any one of those subsections under
28-15    Section 481.134; or
28-16                (2)  the defendant:
28-17                      (A)  is charged with an offense under Section
28-18    21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
28-19    victim, an offense under Section 49.04, 49.05, or 49.06, Penal
28-20    Code, or a felony described by Section 13B(b) of this article; and
28-21                      (B)  has previously been placed on community
28-22    supervision for any offense under Paragraph (A) of this
28-23    subdivision.
28-24          SECTION 39.  Sections 13(a), (b), and (i), Article 42.12,
28-25    Code of Criminal Procedure, are amended to read as follows:
28-26          (a)  A judge granting community supervision to a defendant
28-27    convicted of an offense under Chapter 49, Penal Code, shall require
 29-1    as a condition of community supervision that the defendant submit
 29-2    to:
 29-3                (1)  not less than three days of confinement in county
 29-4    jail if the defendant was punished under Section 49.09(a);
 29-5                (2)  not less than five days of confinement in county
 29-6    jail plus the completion of a course of conduct for the
 29-7    rehabilitation of the defendant's drug or alcohol dependence
 29-8    condition, if the defendant was punished under Section 49.09(g);
 29-9                (3)  not less than 10 days of confinement in county
29-10    jail if the defendant was punished under Section 49.09(b), except
29-11    as provided by Subdivision (4) [or (c)]; [or]
29-12                (4)  not less than 30 days of confinement in county
29-13    jail if the defendant was:
29-14                      (A)  convicted under Section 49.07; or
29-15                      (B)  punished under Section 49.09(g), if it is
29-16    shown on the trial of the offense that the defendant has previously
29-17    been convicted of an offense for which the defendant was punished
29-18    under Section 49.09(g); or
29-19                (5)  not less than 120 days of confinement in county
29-20    jail if the defendant was convicted under Section 49.08 [and]
29-21                [(2)  an evaluation by a supervision officer or by a
29-22    person, program, or facility approved by the Texas Commission on
29-23    Alcohol and Drug Abuse for the purpose of having the facility
29-24    prescribe and carry out a course of conduct necessary for the
29-25    rehabilitation of the defendant's drug or alcohol dependence
29-26    condition].
29-27          (b)  A judge granting community supervision to a defendant
 30-1    convicted of an offense under Sections 49.04-49.08 [Section 49.08],
 30-2    Penal Code, shall require as a condition of community supervision
 30-3    that the defendant submit to an evaluation by a supervision officer
 30-4    or by a person, program, or facility approved by the Texas
 30-5    Commission on Alcohol and Drug Abuse for the purpose of having the
 30-6    facility prescribe and supervise a course of conduct necessary for
 30-7    the rehabilitation of the defendant's drug or alcohol dependence
 30-8    condition [a period of confinement of not less than 120 days].
 30-9          (i)  If a person convicted of an offense under Sections
30-10    49.04-49.08, Penal Code, is placed on community supervision, the
30-11    court may require as a condition of community supervision that the
30-12    defendant have a device installed, on the motor vehicle owned by
30-13    the defendant or on the vehicle most regularly driven by the
30-14    defendant, that uses a deep-lung breath analysis mechanism to make
30-15    impractical the operation of the motor vehicle if ethyl alcohol is
30-16    detected in the breath of the operator and that the defendant not
30-17    operate any motor vehicle that is not equipped with that device.
30-18    If the person is convicted of an offense under Sections
30-19    49.04-49.06, Penal Code, and punished under Section 49.09(a), [or]
30-20    (b), or (g), Penal Code, or of a second or subsequent offense under
30-21    Section 49.07 or 49.08, Penal Code, and the person after conviction
30-22    of either offense is placed on community supervision, the court
30-23    shall require as a condition of community supervision that the
30-24    defendant have the device installed on the appropriate vehicle and
30-25    that the defendant not operate any motor vehicle unless the vehicle
30-26    is equipped with that device.  Before placing on community
30-27    supervision a person convicted of an offense under Sections
 31-1    49.04-49.08, Penal Code, the court shall determine from criminal
 31-2    history record information maintained by the Department of Public
 31-3    Safety whether the person has one or more previous convictions
 31-4    under Sections 49.04-49.08, Penal Code, or has one previous
 31-5    conviction under Sections 49.04-49.07, Penal Code, or one previous
 31-6    conviction under Section 49.08, Penal Code.  If the court
 31-7    determines that the person has one or more such previous
 31-8    convictions, the court shall require as a condition of community
 31-9    supervision that the defendant have that device installed on the
31-10    motor vehicle owned by the defendant or on the vehicle most
31-11    regularly driven by the defendant and that the defendant not
31-12    operate any motor vehicle unless the vehicle is equipped with the
31-13    device described in this subsection.  The court shall require the
31-14    defendant to obtain the device at the defendant's own cost before
31-15    the 30th day after the date of conviction unless the court finds
31-16    that to do so would not be in the best interest of justice and
31-17    enters its findings on record.  The court shall require the
31-18    defendant to provide evidence to the court within the 30-day period
31-19    that the device has been installed on the appropriate vehicle and
31-20    order the device to remain installed on that vehicle for a period
31-21    not less than 50 percent of the supervision period.  If the court
31-22    determines the offender is unable to pay for the device, the court
31-23    may impose a reasonable payment schedule not to exceed twice the
31-24    period of the court's order.  The Department of Public Safety shall
31-25    approve devices for use under this subsection.  Section 521.247,
31-26    Transportation Code, applies [The provisions of Section 23A(f),
31-27    Chapter 173, Acts of the 47th Legislature, Regular Session, 1941
 32-1    (Article 6687b, Vernon's Texas Civil Statutes), apply] to the
 32-2    approval of a device under this subsection and the consequences of
 32-3    that approval.  Notwithstanding the provisions of this section, if
 32-4    a person is required to operate a motor vehicle in the course and
 32-5    scope of the person's employment and if the vehicle is owned by the
 32-6    employer, the person may operate that vehicle without installation
 32-7    of an approved ignition interlock device if the employer has been
 32-8    notified of that driving privilege restriction and if proof of that
 32-9    notification is with the vehicle.  This employment exemption does
32-10    not apply, however, if the business entity that owns the vehicle is
32-11    owned or controlled by the person whose driving privilege has been
32-12    restricted.
32-13          SECTION 40.  Section 43.251, Penal Code, is amended to read
32-14    as follows:
32-15          Sec. 43.251.  EMPLOYMENT HARMFUL TO MINORS [CHILDREN].  (a)
32-16    In this section:
32-17                (1)  "Minor" has the meaning assigned by Section
32-18    106.01, Alcoholic Beverage Code ["Child" means a person younger
32-19    than 18 years of age].
32-20                (2)  "Massage" has the meaning assigned to the term
32-21    "massage therapy" by Section 1, Chapter 752, Acts of the 69th
32-22    Legislature, Regular Session, 1985 (Article 4512k, Vernon's Texas
32-23    Civil Statutes).
32-24                (3)  "Massage establishment" has the meaning assigned
32-25    by Section 1, Chapter 752, Acts of the 69th Legislature, Regular
32-26    Session, 1985 (Article 4512k, Vernon's Texas Civil Statutes).
32-27                (4)  "Nude" means a person [child] who is:
 33-1                      (A)  entirely unclothed; or
 33-2                      (B)  clothed in a manner that leaves uncovered or
 33-3    visible through less than fully opaque clothing any portion of the
 33-4    breasts below the top of the areola of the breasts, if the minor
 33-5    [child] is female, or any portion of the genitals or buttocks.
 33-6                (5)  "Sexually oriented commercial activity" means a
 33-7    massage establishment, nude studio, modeling studio, love parlor,
 33-8    or other similar commercial enterprise the primary business of
 33-9    which is the offering of a service that is intended to provide
33-10    sexual stimulation or sexual gratification to the customer.
33-11                (6)  "Topless" means a female minor [child] clothed in
33-12    a manner that leaves uncovered or visible through less than fully
33-13    opaque clothing any portion of the minor's [her] breasts below the
33-14    top of the areola.
33-15          (b)  A person commits an offense if the person employs,
33-16    authorizes, or induces a minor [child] to work:
33-17                (1)  in a sexually oriented commercial activity; or
33-18                (2)  in any place of business permitting, requesting,
33-19    or requiring a minor [child] to work nude or topless.
33-20          (c)  An offense under this section is a Class A misdemeanor.
33-21          SECTION 41.  Subchapter Z, Chapter 33, Education Code, is
33-22    amended by adding Section 33.904 to read as follows:
33-23          Sec. 33.904.  ALCOHOL AWARENESS PROGRAM.  (a)  The agency
33-24    shall assist a seven-member advisory committee appointed by the
33-25    governor in developing recommendations for the creation of a model
33-26    curriculum for raising alcohol awareness among students in the
33-27    schools in this state.  The curriculum recommendation, along with
 34-1    any recommendations for funding from the General Appropriations
 34-2    Act, shall be reported to the presiding officer of each house of
 34-3    the legislature not later than the 90th day before the date on
 34-4    which the legislature convenes in each regular session.
 34-5          (b)  The governor shall appoint the commissioner of education
 34-6    as the presiding officer of the advisory committee.  In making the
 34-7    remaining appointments, the governor shall attempt to appoint
 34-8    members from various geographic regions of the state representing
 34-9    the diversity of the citizens of this state.
34-10          (c)  The terms of the advisory committee members end on the
34-11    date the committee's recommendations are reported under Subsection
34-12    (a).
34-13          SECTION 42.  Chapter 243, Local Government Code, is amended
34-14    by adding Section 243.012 to read as follows:
34-15          Sec. 243.012.  BAN ON ALCOHOLIC BEVERAGES.  (a)  In this
34-16    section, "alcoholic beverage" has the meaning assigned by Section
34-17    1.04, Alcoholic Beverage Code.
34-18          (b)  A person commits an offense if the person sells, serves,
34-19    delivers, distributes, or consumes an alcoholic beverage on the
34-20    premises of a sexually oriented business or knowingly allows a
34-21    person to sell, serve, deliver, distribute, or consume an alcoholic
34-22    beverage on the premises of a sexually oriented business. An
34-23    offense under this subsection is a Class A misdemeanor.
34-24          (c)  A municipality or county may not adopt a regulation
34-25    under this chapter that allows alcoholic beverages to be sold,
34-26    served, delivered, distributed, or consumed on the premises of a
34-27    sexually oriented business.
 35-1          SECTION 43.  Section 243.005, Local Government Code, is
 35-2    amended to read as follows:
 35-3          Sec. 243.005.  [BUSINESS LICENSED UNDER ALCOHOLIC BEVERAGE
 35-4    CODE:]  BUSINESS HAVING COIN-OPERATED MACHINES.  (a)  A business is
 35-5    not exempt from regulation under this chapter because it [holds a
 35-6    license or permit under the Alcoholic Beverage Code authorizing the
 35-7    sale or service of alcoholic beverages or because it] contains one
 35-8    or more coin-operated machines that are subject to regulation or
 35-9    taxation, or both, under Chapter 8, Title 132, Revised Statutes.
35-10          (b)  A regulation adopted under this chapter may not
35-11    discriminate against a business on the basis of whether the
35-12    business [holds a license or permit under the Alcoholic Beverage
35-13    Code or on the basis of whether it] contains one or more
35-14    coin-operated machines that are subject to regulation or taxation,
35-15    or both, under Chapter 8, Title 132, Revised Statutes.
35-16          [(c)  This chapter does not affect the existing preemption by
35-17    the state of the regulation of alcoholic beverages and the
35-18    alcoholic beverage industry as provided by Section 1.06, Alcoholic
35-19    Beverage Code.]
35-20          SECTION 44.  Section 49.03, Penal Code, is amended to read as
35-21    follows:
35-22          Sec. 49.03.  CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE
35-23    IN MOTOR VEHICLE.  (a)  A person commits an offense if the person
35-24    consumes an alcoholic beverage while operating a motor vehicle in a
35-25    public place [and is observed doing so by a peace officer].
35-26          (b)  An occupant of a motor vehicle that is located on a
35-27    public highway, or on the right-of-way of a public highway,
 36-1    including a rest area, comfort station, picnic area, roadside park,
 36-2    or scenic overlook situated on the right-of-way of a public
 36-3    highway, commits an offense if the person:
 36-4                (1)  consumes an alcoholic beverage; or
 36-5                (2)  possesses in the passenger area of the motor
 36-6    vehicle a bottle, can, or other receptacle that:
 36-7                      (A)  contains an alcoholic beverage; and
 36-8                      (B)  has been opened, has a broken seal, or has
 36-9    the contents partially removed.
36-10          (c)  It is an affirmative defense to prosecution under
36-11    Subsection (b) that:
36-12                (1)  the person consuming the alcoholic beverage is a
36-13    passenger in:
36-14                      (A)  the living quarters of a house coach or
36-15    house trailer;
36-16                      (B)  a motor vehicle designed, maintained, or
36-17    used primarily for the transportation of persons; or
36-18                      (C)  the vehicle being driven by a person who
36-19    requested and was administered a breath test that showed an alcohol
36-20    concentration of 0.02 percent; or
36-21                (2)  the receptacle containing the alcoholic beverage
36-22    is located in:
36-23                      (A)  a locked storage compartment of the vehicle,
36-24    including a locked glove compartment; or
36-25                      (B)  a vehicle that is not equipped with a trunk
36-26    and behind the last upright seat of the vehicle or another area of
36-27    the vehicle not normally occupied by the driver or a passenger.
 37-1          (d)  An offense under this section is a Class C misdemeanor
 37-2    punishable by a fine not to exceed $50, including all court costs.
 37-3          (e)  It is an affirmative defense to prosecution under
 37-4    Subsection (b) that emergency conditions existed that prevented the
 37-5    defendant from ensuring that an open container of alcoholic
 37-6    beverage was not present in the vehicle.
 37-7          (f)  It is an affirmative defense to prosecution under
 37-8    Subsection (b) that the defendant did not know that the open
 37-9    container of alcoholic beverage was in the vehicle.
37-10          SECTION 45.  Section 49.09(a), Penal Code, is amended to read
37-11    as follows:
37-12          (a)  If it is shown at [on] the punishment phase of the trial
37-13    of an offense under Section 49.04, 49.05, or 49.06 that the person
37-14    has previously been convicted one time of an offense relating to
37-15    the operating of a motor vehicle while intoxicated, an offense of
37-16    operating an aircraft while intoxicated, or an offense of operating
37-17    a watercraft while intoxicated, the offense is a Class A
37-18    misdemeanor, with a minimum term of confinement of 30 days.
37-19          SECTION 46.  Section 49.09, Penal Code, is amended by adding
37-20    Subsection (g) to read as follows:
37-21          (g)  If it is shown on the trial of an offense under Section
37-22    49.04, 49.05, or 49.06 that an analysis of a specimen of the
37-23    person's blood, breath, urine, or other bodily substance showed an
37-24    alcohol concentration of 0.15 or more, the offense is a Class A
37-25    misdemeanor.
37-26          SECTION 47.  Section 724.048, Transportation Code, is amended
37-27    to read as follows:
 38-1          Sec. 724.048.  RELATIONSHIP OF ADMINISTRATIVE PROCEEDING TO
 38-2    CRIMINAL PROCEEDING.  [(a)  The determination of the department or
 38-3    administrative law judge:]
 38-4                [(1)  is a civil matter;]
 38-5                [(2)  is independent of and is not an estoppel as to
 38-6    any matter in issue in an adjudication of a criminal charge arising
 38-7    from the occurrence that is the basis for the suspension or denial;
 38-8    and]
 38-9                [(3)  does not preclude litigation of the same or
38-10    similar facts in a criminal prosecution.]
38-11          [(b)  Except  as provided by Subsection (c), the disposition
38-12    of a criminal charge does not affect a license suspension or denial
38-13    under this chapter and is not an estoppel as to any matter in issue
38-14    in a suspension or denial proceeding under this chapter.]
38-15          [(c)]  If a criminal charge arising from the same arrest as a
38-16    suspension under this chapter results in an acquittal, the
38-17    suspension under this chapter may not be imposed.  If a suspension
38-18    under this chapter has already been imposed, the department shall
38-19    rescind the suspension and remove references to the suspension from
38-20    the computerized driving record of the individual.
38-21          SECTION 48.  Each state agency or political subdivision of
38-22    this state shall comply with the collection and reporting
38-23    requirements of the federal Highway Safety Act of 1966 in
38-24    collecting, compiling, or publishing data or statistical
38-25    information relating to:
38-26                (1)  motor vehicle accidents that result in death,
38-27    injury, or property damage, including death, injury, or property
 39-1    damage resulting from alcohol or a controlled substance;
 39-2                (2)  violations of penal laws of this state; or
 39-3                (3)  highway and traffic offenses.
 39-4          SECTION 49.  Sections 22.09 and 24.08, Alcoholic Beverage
 39-5    Code, are repealed.
 39-6          SECTION 50.  Chapters 39 and 40 and Subchapter D, Chapter
 39-7    201, Alcoholic Beverage Code, are repealed.
 39-8          SECTION 51.  Sections 11.72 and 61.86, Alcoholic Beverage
 39-9    Code, as added by this Act, apply only to a sale or delivery of an
39-10    alcoholic beverage on or after the effective date of this Act.
39-11          SECTION 52.  Sections 11.73 and 61.87, Alcoholic Beverage
39-12    Code, as added by this Act, apply only to an act or omission of the
39-13    holder of an agent's permit under Chapter 35, Alcoholic Beverage
39-14    Code, or of an agent's beer license under Chapter 73, Alcoholic
39-15    Beverage Code, that occurs on or after the effective date of this
39-16    Act.
39-17          SECTION 53.  The change in law made by adding Section 106.16,
39-18    Alcoholic Beverage Code, by this Act, applies to the holder of a
39-19    food and beverage certificate issued by the Texas Alcoholic
39-20    Beverage Commission.
39-21          SECTION 54.  (a)  The change in law made to Section 107.07,
39-22    Alcoholic Beverage Code, by this Act applies only to an offense
39-23    committed on or after the effective date of this Act.  For purposes
39-24    of this section, an offense is committed before the effective date
39-25    of this Act if any element of the offense occurs before the
39-26    effective date.
39-27          (b)  An offense committed before the effective date of this
 40-1    Act is covered by the law in effect when the offense was committed,
 40-2    and the former law is continued in effect for that purpose.
 40-3          SECTION 55.  (a)  The change in law made to Section 49.03,
 40-4    Penal Code, by this Act applies only to an offense committed on or
 40-5    after the effective date of this Act.  For purposes of this
 40-6    section, an offense is committed before the effective date of this
 40-7    Act if any element of the offense occurs before the effective date.
 40-8          (b)  An offense committed before the effective date of this
 40-9    Act is covered by the law in effect when the offense was committed,
40-10    and the former law is continued in effect for that purpose.
40-11          SECTION 56.  (a)  If a sexually oriented business that has a
40-12    license or permit issued by the Texas Alcoholic Beverage Commission
40-13    surrenders the license or permit to the commission before the
40-14    effective date of this Act, the Texas Alcoholic Beverage Commission
40-15    shall refund to the sexually oriented business an amount determined
40-16    by dividing the number of days the business will not be able to use
40-17    the license or permit as a result of the change in law made by this
40-18    Act, by the number of days for which the license or permit, as
40-19    originally issued, is valid, and by multiplying the quotient by the
40-20    amount of the license or permit fee.
40-21          (b)  The change in law made by Section 243.012, Local
40-22    Government Code, as added by this Act, applies only to an offense
40-23    committed on or after the effective date of this Act. For the
40-24    purposes of this section, an offense is committed before the
40-25    effective date of this Act if any element of the offense occurs
40-26    before that date.
40-27          (c)  An offense committed before the effective date of this
 41-1    Act is covered by the law in effect when the offense was committed,
 41-2    and the former law is continued in effect for that purpose.
 41-3          (d)  The changes in law made by Section 11.43, Alcoholic
 41-4    Beverage Code, and Section 243.005, Local Government Code, as
 41-5    amended by this Act and Section 243.012, Local Government Code, as
 41-6    added by this Act, apply to any holder of a license or permit under
 41-7    the Alcoholic Beverage Code, including a holder of a food and
 41-8    beverage certificate.
 41-9          SECTION 57.  The change in law made by Sections 39 and 46 of
41-10    this Act apply only to an offense committed on or after the
41-11    effective date of this Act.  An offense committed before the
41-12    effective date of this Act is covered by the law in effect when the
41-13    offense was committed, and the former law is continued in effect
41-14    for that purpose.  For purposes of this section, an offense was
41-15    committed before the effective date of this Act if any element of
41-16    the offense occurred before that date.
41-17          SECTION 58.  (a)  The change in law made by Section 106.03,
41-18    Alcoholic Beverage Code, as amended by this Act, applies only to an
41-19    offense committed on or after the effective date of this Act.  For
41-20    purposes of this section, an offense is committed before the
41-21    effective date of this Act if any element of the offense occurs
41-22    before that date.
41-23          (b)  An offense committed before the effective date of this
41-24    Act is covered by the law in effect when the offense was committed,
41-25    and the former law is continued in effect for that purpose.
41-26          SECTION 59.  The changes in law made by this Act to Sections
41-27    11.611, 61.711, and 109.56, Alcoholic Beverage Code, apply only to
 42-1    an offense that occurs on or after the effective date of this Act.
 42-2    For the purposes of this section, an offense is committed before
 42-3    the effective date of this Act if any element of the offense occurs
 42-4    before that date.  An offense that occurred before the effective
 42-5    date of this Act is covered by the law in effect when the offense
 42-6    occurred, and the former law is continued in effect for that
 42-7    purpose.
 42-8          SECTION 60.  The change in law made by this Act to Section
 42-9    5(d), Article 42.12, Code of Criminal Procedure, applies only to a
42-10    defendant charged with an offense committed on or after the
42-11    effective date of this Act.  For purposes of this section, an
42-12    offense is committed before the effective date of this Act if any
42-13    element of the offense occurs before the effective date.  A
42-14    defendant charged with an offense committed before the effective
42-15    date of this Act is covered by the law in effect when the offense
42-16    was committed, and the former law is continued in effect for that
42-17    purpose.
42-18          SECTION 61.  This Act takes effect September 1, 1999.
42-19          SECTION 62.  The importance of this legislation and the
42-20    crowded condition of the calendars in both houses create an
42-21    emergency and an imperative public necessity that the
42-22    constitutional rule requiring bills to be read on three several
42-23    days in each house be suspended, and this rule is hereby suspended.