76R14367 E                           
         By Wilson                                             H.B. No. 3555
         Substitute the following for H.B. No. 3555:
         By Wilson                                         C.S.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 a penalty.
 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.  Subchapter C, Chapter 11, Alcoholic Beverage
 3-1     Code, is amended by adding Sections 11.72 and 11.73 to read as
 3-2     follows:
 3-3           Sec. 11.72.  AFFIRMATION OF COMPLIANCE.  A person who holds a
 3-4     permit under Chapter 19, 20, 21, or 23 may not be subject to an
 3-5     administrative sanction for selling or delivering an alcoholic
 3-6     beverage to a retailer not authorized to purchase and receive the
 3-7     alcoholic beverage if the permit holder:
 3-8                 (1)  reasonably believes that the retailer is
 3-9     authorized to purchase and receive that type of alcoholic beverage;
3-10     and
3-11                 (2)  obtains from the retailer at the time of delivery
3-12     a written affirmation, which may be printed or stamped on a sales
3-13     invoice evidencing the sale or delivery of alcoholic beverages by
3-14     the permit holder, that the retailer is authorized to purchase and
3-15     receive the type of alcoholic beverage sold and delivered by the
3-16     permit holder.
3-17           Sec. 11.73.  DISCIPLINE FOR ACTIONS OF AGENT.  The commission
3-18     or administrator may suspend or revoke the permit of a person who
3-19     is represented by the holder of an agent's permit as described by
3-20     Section 35.01 or otherwise discipline the person based on an act or
3-21     omission of the holder of an agent's permit only if an individual
3-22     employed by the person in a supervisory position:
3-23                 (1)  was directly involved in the act or omission of
3-24     the holder of an agent's permit;
3-25                 (2)  had notice or knowledge of the act or omission;
3-26     and
3-27                 (3)  failed to take reasonable steps to prevent the act
 4-1     or omission.
 4-2           SECTION 5.  Section 24.07, Alcoholic Beverage Code, is
 4-3     amended to read as follows:
 4-4           Sec. 24.07.  WHEN LICENSE ALSO HELD:  HOURS OF SALE, ETC.  A
 4-5     holder of a wine only package store permit who also holds a retail
 4-6     dealer's off-premise license for the same location may remain open
 4-7     and sell ale, wine, vinous liquors, and beer, for off-premises
 4-8     consumption only, on any day and during the same hours that the
 4-9     holder of a wine and beer retailer's permit may sell ale, beer, and
4-10     wine, except that he may not sell wine or vinous liquor containing
4-11     more than 17 [14] percent alcohol by volume on a Sunday or after 10
4-12     p.m. on any day.
4-13           SECTION 6.  Section 25.01, Alcoholic Beverage Code, is
4-14     amended to read as follows:
4-15           Sec. 25.01.  AUTHORIZED ACTIVITIES.  The holder of a wine and
4-16     beer retailer's permit may sell:
4-17                 (1)  for consumption on or off the premises where sold,
4-18     but not for resale, wine containing not more than 17 percent
4-19     alcohol by volume and [,] beer[,] and malt liquors containing
4-20     alcohol in excess of one-half of one percent by volume and not more
4-21     than 14 percent by volume; and
4-22                 (2)  for consumption on the premises traditional port
4-23     or sherry containing alcohol in excess of one-half of one percent
4-24     by volume and not more than 24 percent by volume.
4-25           SECTION 7.  Section 25.09, Alcoholic Beverage Code, is
4-26     amended to read as follows:
4-27           Sec. 25.09.  POSSESSION OF CERTAIN BEVERAGES PROHIBITED.  No
 5-1     wine and beer retailer's permittee, nor officer of the permittee,
 5-2     may possess [distilled spirits or liquor containing alcohol in
 5-3     excess of 14 percent by volume] on the licensed premises any
 5-4     alcoholic beverage the permittee is not authorized to sell.
 5-5           SECTION 8.  Section 26.01, Alcoholic Beverage Code, is
 5-6     amended to read as follows:
 5-7           Sec. 26.01.  AUTHORIZED ACTIVITIES.  The holder of a wine and
 5-8     beer retailer's off-premise permit may sell for off-premises
 5-9     consumption only, but not for resale, wine containing not more than
5-10     17 percent alcohol by volume and [,] beer[,] and malt liquors
5-11     containing alcohol in excess of one-half of one percent by volume
5-12     but not more than 14 percent by volume.
5-13           SECTION 9.  Section 27.01, Alcoholic Beverage Code, is
5-14     amended to read as follows:
5-15           Sec. 27.01.  AUTHORIZED ACTIVITIES.  The holder of a
5-16     temporary wine and beer retailer's permit may sell for consumption
5-17     on or off the premises where sold, but not for resale, wine
5-18     containing not more than 17 percent alcohol by volume and[,]
5-19     beer[,] and malt liquors containing alcohol in excess of one-half
5-20     of one percent by volume but not more than 14 percent by volume.
5-21     The permit does not authorize the sale of those beverages outside
5-22     the county for which it is issued.
5-23           SECTION 10.  Section 27.11, Alcoholic Beverage Code, is
5-24     amended to read as follows:
5-25           Sec. 27.11.  AUTHORIZED ACTIVITIES.  The holder of a special
5-26     three-day wine and beer permit may sell for consumption on the
5-27     premises for which the permit is issued, but not for resale, wine
 6-1     containing not more than 17 percent alcohol by volume and[,]
 6-2     beer[,] and malt liquors containing alcohol in excess of one-half
 6-3     of one percent by volume but not more than 14 percent by volume.
 6-4           SECTION 11.  Section 42.01(a), Alcoholic Beverage Code, is
 6-5     amended to read as follows:
 6-6           (a)  The holder of a private carrier permit who is also a
 6-7     holder of a brewer's, distiller's and rectifier's, winery,
 6-8     wholesaler's, class B wholesaler's, or wine bottler's permit may
 6-9     transport liquor from the place of purchase to his place of
6-10     business and from the place of sale or distribution to the
6-11     purchaser in vehicles owned or leased in good faith by the holder,
6-12     or in a vehicle owned or leased by the holder of a permit issued
6-13     under Chapter 35, if the transportation is for a lawful purpose.
6-14           SECTION 12.  Section 61.03, Alcoholic Beverage Code, is
6-15     amended  to read as follows:
6-16           Sec. 61.03.  [DURATION AND] EXPIRATION OR SUSPENSION OF
6-17     LICENSE.  (a)  Except as provided by Subsection (b), a [No] license
6-18     may not be issued for a term longer than one year.  Any license
6-19     except a branch, importer's, importer's carrier's, or temporary
6-20     license expires one year after the date on which it is issued.
6-21           (b)  A secondary license that requires the holder of the
6-22     license to first obtain another license, including a late hours
6-23     license, expires on the same date the basic or primary license
6-24     expires.  The commission may not prorate or refund any part of the
6-25     fee for the secondary license if the application of this section
6-26     results in the expiration of the license in less than one year.
6-27           (c)  An action by the commission resulting in the suspension
 7-1     of a basic or primary license also acts to suspend any secondary
 7-2     license held by the holder of the basic or primary license.
 7-3           SECTION 13.  Subchapter A, Chapter 61, Alcoholic Beverage
 7-4     Code, is amended by adding Section 61.031 to read as follows:
 7-5           Sec. 61.031.  NOTIFICATION OF EXPIRED OR SUSPENDED LICENSE.
 7-6     (a)  The commission shall verify that the holder of an expired or
 7-7     suspended retail license is not operating in violation of this
 7-8     code.  The verification, including any inspection of the premises
 7-9     by commission personnel, must occur within a reasonable time after
7-10     the date the license expires or is suspended.
7-11           (b)  The commission shall promptly notify each wholesaler, as
7-12     that term is ordinarily used and understood in Section 102.01, who
7-13     regularly supplies retailers in the geographic area that the
7-14     holder's retail license has expired or has been suspended.
7-15           SECTION 14.  Subchapter C, Chapter 61, Alcoholic Beverage
7-16     Code, is amended by adding Sections 61.86 and 61.87 to read as
7-17     follows:
7-18           Sec. 61.86.  AFFIRMATION OF COMPLIANCE.  A person who holds a
7-19     license under Chapter 64, 65, or 66 may not be subject to an
7-20     administrative sanction for selling or delivering an alcoholic
7-21     beverage to a retailer not authorized to purchase and receive the
7-22     alcoholic beverage if the license holder:
7-23                 (1)  reasonably believes that the retailer is
7-24     authorized to purchase and receive that type of alcoholic beverage;
7-25     and
7-26                 (2)  obtains from the retailer at the time of delivery
7-27     a written affirmation, which may be printed or stamped on a sales
 8-1     invoice evidencing the sale or delivery of alcoholic beverages by
 8-2     the license holder, that the retailer is authorized to purchase and
 8-3     receive the type of alcoholic beverage sold and delivered by the
 8-4     license holder.
 8-5           Sec. 61.87.  DISCIPLINE FOR ACTIONS OF AGENT.  The commission
 8-6     or administrator may suspend or revoke the license of a person who
 8-7     is the employer of or represented by the holder of an agent's beer
 8-8     license as described by Section 73.01 or otherwise discipline the
 8-9     person based on an act or omission of the holder of the agent's
8-10     beer license only if an individual employed by the person in a
8-11     supervisory position:
8-12                 (1)  was directly involved in the act or omission of
8-13     the holder of the agent's beer license;
8-14                 (2)  had notice or knowledge of the act or omission;
8-15     and
8-16                 (3)  failed to take reasonable steps to prevent the act
8-17     or omission.
8-18           SECTION 15.  Section 102.07, Alcoholic Beverage Code, is
8-19     amended by amending Subsection (a) and adding Subsection (g) to
8-20     read as follows:
8-21           (a)  Except as provided in Subsections (b), [and] (d), and
8-22     (g) [of this section], no person who owns or has an interest in the
8-23     business of a distiller, brewer, rectifier, wholesaler, class B
8-24     wholesaler, winery, or wine bottler, nor the agent, servant, or
8-25     employee of such a person, may:
8-26                 (1)  own or have a direct or indirect interest in the
8-27     business, premises, equipment, or fixtures of a retailer;
 9-1                 (2)  furnish, give, or lend any money, service, or
 9-2     thing of value to a retailer;
 9-3                 (3)  guarantee a financial obligation of a retailer;
 9-4                 (4)  make or offer to enter an agreement, condition, or
 9-5     system which will in effect amount to the shipment and delivery of
 9-6     alcoholic beverages on consignment;
 9-7                 (5)  furnish, give, rent, lend, or sell to a retail
 9-8     dealer any equipment, fixtures, or supplies to be used in selling
 9-9     or dispensing alcoholic beverages, except that alcoholic beverages
9-10     may be packaged in combination with other items if the package is
9-11     designed to be delivered intact to the ultimate consumer and the
9-12     additional items have no value or benefit to the retailer other
9-13     than that of having the potential of attracting purchases and
9-14     promoting sales;
9-15                 (6)  pay or make an allowance to a retailer for a
9-16     special advertising or distribution service;
9-17                 (7)  allow an excessive discount to a retailer; or
9-18                 (8)  offer a prize, premium, gift, or similar
9-19     inducement to a retailer or to the agent, servant, or employee of a
9-20     retailer.
9-21           (g)  Subsection (a) does not prohibit a permittee covered
9-22     under Subsection (a) from prearranging or preannouncing a
9-23     promotional activity otherwise permitted by this code with a
9-24     retailer about a promotional activity to be held on the retailer's
9-25     premises. A holder of a wholesaler's or class B wholesaler's permit
9-26     may prearrange a promotional activity only for distilled spirits or
9-27     wine.  A permittee may not:
 10-1                (1)  preannounce a promotion to a consumer, if the
 10-2    permittee is the holder of a wholesaler's or class B wholesaler's
 10-3    permit; or
 10-4                (2)  preannounce the purchase of wine or distilled
 10-5    spirits to a consumer.
 10-6          SECTION 16.  Subchapter D, Chapter 102, Alcoholic Beverage
 10-7    Code, is amended by adding Section 102.775 to read as follows:
 10-8          Sec. 102.775.  ARBITRATION LOCATION.  If arbitration is used
 10-9    to settle a dispute between a manufacturer and a distributor, the
10-10    arbitration proceeding must be conducted in the county in which the
10-11    distributor's principal place of business is located unless the
10-12    parties agree, at the time of the arbitration, to another location.
10-13          SECTION 17.  Section 107.07(f), Alcoholic Beverage Code, is
10-14    amended to read as follows:
10-15          (f)  Any person in the business of selling alcoholic
10-16    beverages in another state or country who ships or causes to be
10-17    shipped any alcoholic beverage directly to any Texas resident under
10-18    this section commits an offense [is in violation of this code].  An
10-19    offense under this subsection is a Class A misdemeanor, unless it
10-20    is shown at the trial of the offense that the person committed the
10-21    offense after the person received written notice from the
10-22    commission that the person was violating this subsection, in which
10-23    event an offense under this subsection is a state jail felony.
10-24          SECTION 18.  Sections 251.14(a) and (e), Alcoholic Beverage
10-25    Code, are amended to read as follows:
10-26          (a)  In the ballot issues prescribed in this section, "wine"
10-27    is limited to vinous beverages that do not contain more than 17
 11-1    [14] percent alcohol by volume and includes malt beverages that do
 11-2    not exceed that alcohol content.  For local option purposes, those
 11-3    beverages, sold and dispensed to the public in unbroken, sealed,
 11-4    individual containers, are a separate and distinct type of
 11-5    alcoholic beverage.
 11-6          (e)  In areas where the sale of beverages containing alcohol
 11-7    not in excess of 17 [14] percent by volume has been legalized, and
 11-8    those of higher alcoholic content are prohibited, the ballot shall
 11-9    be prepared to permit voting for or against one of the following
11-10    issues in any prohibitory election:
11-11                (1)  "The legal sale of beer for off-premise
11-12    consumption only."
11-13                (2)  "The legal sale of beer."
11-14                (3)  "The legal sale of beer and wine for off-premise
11-15    consumption only."
11-16                (4)  "The legal sale of beer and wine."
11-17          SECTION 19.  Subchapter D, Chapter 251, Alcoholic Beverage
11-18    Code, is amended by adding Section 251.81 to read as follows:
11-19          Sec. 251.81.  SALE OF WINE.  (a)  If the sale of wine was
11-20    approved in an area by a local option election, other than a local
11-21    option election that approved the sale of all alcoholic beverages,
11-22    before September 1, 1999, an alcoholic beverage license or permit
11-23    holder may not sell in that area wine containing more than 14
11-24    percent alcohol by volume unless a subsequent local option election
11-25    approves the sale of wine or wine and other alcoholic beverages.
11-26          (b)  The commission shall, on the face of each alcoholic
11-27    beverage license or permit, indicate whether the holder may sell
 12-1    wine and, if the license or permit holder may sell wine, whether
 12-2    the holder may sell wine up to 14 percent alcohol or 17 percent
 12-3    alcohol by volume.
 12-4          SECTION 20.  Subchapter Z, Chapter 33, Education Code, is
 12-5    amended by adding Section 33.904 to read as follows:
 12-6          Sec. 33.904.  ALCOHOL AWARENESS PROGRAM.  (a)  The agency
 12-7    shall assist a seven-member advisory committee appointed by the
 12-8    governor in developing recommendations for the creation of a model
 12-9    curriculum for raising alcohol awareness among students in the
12-10    schools in this state.  The curriculum recommendation, along with
12-11    any recommendations for funding from the General Appropriations
12-12    Act, shall be reported to the presiding officer of each house of
12-13    the legislature not later than the 90th day before the date on
12-14    which the legislature convenes in each regular session.
12-15          (b)  The governor shall appoint the commissioner of education
12-16    as the presiding officer of the advisory committee.  In making the
12-17    remaining appointments, the governor shall attempt to appoint
12-18    members from various geographic regions of the state representing
12-19    the diversity of the citizens of this state.
12-20          (c)  The terms of the advisory committee members end on the
12-21    date the committee's recommendations are reported under Subsection
12-22    (a).
12-23          SECTION 21.  Section 49.03, Penal Code, is amended to read as
12-24    follows:
12-25          Sec. 49.03.  CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE
12-26    IN MOTOR VEHICLE.  (a)  A person commits an offense if the person
12-27    consumes an alcoholic beverage while operating a motor vehicle in a
 13-1    public place [and is observed doing so by a peace officer].
 13-2          (b)  An occupant of a motor vehicle that is located on a
 13-3    public highway, or on the right-of-way of a public highway,
 13-4    including a rest area, comfort station, picnic area, roadside park,
 13-5    or scenic overlook situated on the right-of-way of a public
 13-6    highway, commits an offense if the person:
 13-7                (1)  consumes an alcoholic beverage; or
 13-8                (2)  possesses in the passenger area of the motor
 13-9    vehicle a bottle, can, or other receptacle that:
13-10                      (A)  contains an alcoholic beverage; and
13-11                      (B)  has been opened, has a broken seal, or has
13-12    the contents partially removed.
13-13          (c)  It is an affirmative defense to prosecution under
13-14    Subsection (b) that the person consuming the alcoholic beverage is,
13-15    or that the receptacle containing the alcoholic beverage is in the
13-16    possession of:
13-17                (1)  a passenger in the living quarters of a house
13-18    coach or house trailer; or
13-19                (2)  a passenger in a motor vehicle designed,
13-20    maintained, or used primarily for the transportation of persons for
13-21    compensation.
13-22          (d)  An offense under this section is a Class C misdemeanor.
13-23          SECTION 22.  In collecting, compiling, or publishing data  or
13-24    statistical information related to violations of any penal law of
13-25    this state or to highway and traffic offenses, a state agency or
13-26    political subdivision may not categorize or classify an accident,
13-27    crime, offense, incident, or activity as being caused by or
 14-1    otherwise related to the use of drugs or the consumption of
 14-2    alcoholic beverages by or the mental impairment of a person
 14-3    involved in the accident, crime, offense, incident, or activity
 14-4    unless the use, consumption, or impairment is determined to be  the
 14-5    proximate cause  of the accident, crime, offense, incident, or
 14-6    activity.
 14-7          SECTION 23.  Sections 22.09 and 24.08, Alcoholic Beverage
 14-8    Code, are repealed.
 14-9          SECTION 24.  Sections 11.72 and 61.86, Alcoholic Beverage
14-10    Code, as added by this Act, apply only to a sale or delivery of an
14-11    alcoholic beverage on or after the effective date of this Act.
14-12          SECTION 25.  Sections 11.73 and 61.87, Alcoholic Beverage
14-13    Code, as added by this Act, apply only to an act or omission of the
14-14    holder of an agent's permit under Chapter 35, Alcoholic Beverage
14-15    Code, or of an agent's beer license under Chapter 73, Alcoholic
14-16    Beverage Code, that occurs on or after the effective date of this
14-17    Act.
14-18          SECTION 26.  (a)  The change in law made to Section 107.07,
14-19    Alcoholic Beverage Code, by this Act applies only to an offense
14-20    committed on or after the effective date of this Act.  For purposes
14-21    of this section, an offense is committed before the effective date
14-22    of this Act if any element of the offense occurs before the
14-23    effective date.
14-24          (b)  An offense committed before the effective date of this
14-25    Act is covered by the law in effect when the offense was committed,
14-26    and the former law is continued in effect for that purpose.
14-27          SECTION 27.  (a)  The change in law made to Section 49.03,
 15-1    Penal Code, by this Act applies only to an offense committed on or
 15-2    after the effective date of this Act.  For purposes of this
 15-3    section, an offense is committed before the effective date of this
 15-4    Act if any element of the offense occurs before the effective date.
 15-5          (b)  An offense committed before the effective date of this
 15-6    Act is covered by the law in effect when the offense was committed,
 15-7    and the former law is continued in effect for that purpose.
 15-8          SECTION 28.  This Act takes effect September 1, 1999.
 15-9          SECTION 29.  The importance of this legislation and the
15-10    crowded condition of the calendars in both houses create an
15-11    emergency and an imperative public necessity that the
15-12    constitutional rule requiring bills to be read on three several
15-13    days in each house be suspended, and this rule is hereby suspended.