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.