By Wilson                                             H.B. No. 3555
         76R9141 CAG-D                           
                                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 or temporary permit, expires on the same date the basic or
 2-9     primary permit expires.  The commission may not prorate or refund
2-10     any part of the fee for the secondary permit if the application of
2-11     this section results in the expiration of the permit in less than
2-12     one year.
2-13           (c)  An action by the commission resulting in the suspension
2-14     of a basic or primary permit also acts to suspend any secondary
2-15     permit held by the holder of the basic or primary permit.
2-16           SECTION 3.  Subchapter A, Chapter 11, Alcoholic Beverage
2-17     Code, is amended by adding Section 11.091 to read as follows:
2-18           Sec. 11.091.  NOTIFICATION OF EXPIRED OR SUSPENDED PERMIT;
2-19     LIABILITY FOR UNAUTHORIZED SALE.  (a)  The commission shall verify
2-20     that the holder of an expired or suspended retail permit is not
2-21     operating in violation of this code. The verification, including
2-22     any inspection of the premises by commission personnel, must occur
2-23     within a reasonable time after the date the permit expires or is
2-24     suspended.
2-25           (b)  The commission shall promptly notify each wholesaler, as
2-26     that term is ordinarily used and understood in Section 102.01, who
2-27     regularly supplies retailers in  the geographic area that the
 3-1     holder's retail permit has expired or has been suspended.
 3-2           (c)  A wholesaler may not be charged with or be held liable
 3-3     for a violation of this code relating to the sale of alcoholic
 3-4     beverages to a non-permitted premise if the commission has not
 3-5     notified the wholesaler under Subsection (b).
 3-6           (d)  This section does not apply if the holder of a retail
 3-7     permit has timely filed a renewal application and is operating
 3-8     during the pendency of the renewal application subject to this code
 3-9     and the regulations of the commission.
3-10           SECTION 4.  Subchapter C, Chapter 11, Alcoholic Beverage
3-11     Code, is amended by adding Sections 11.72 and 11.73 to read as
3-12     follows:
3-13           Sec. 11.72.  AFFIRMATION OF COMPLIANCE.  A person who holds a
3-14     permit under Chapter 19, 20, 21, or 23 may not be held liable for
3-15     selling or delivering an  alcoholic beverage to a retailer not
3-16     authorized to purchase and receive the alcoholic beverage if the
3-17     permit holder:
3-18                 (1)  reasonably believes that the retailer is
3-19     authorized to purchase and receive that type of alcoholic beverage;
3-20     and
3-21                 (2)  obtains from the retailer at the time of delivery
3-22     a written affirmation, which may be printed or stamped on a sales
3-23     invoice evidencing the sale or delivery of alcoholic beverages by
3-24     the permit holder, that the retailer is authorized to purchase and
3-25     receive the type of alcoholic beverage sold and delivered by the
3-26     permit holder.
3-27           Sec. 11.73.  DISCIPLINE FOR ACTIONS OF AGENT.  The commission
 4-1     or administrator may suspend or revoke the permit of a person who
 4-2     is represented by the holder of an agent's permit as described by
 4-3     Section 35.01 or otherwise discipline the person based on an act or
 4-4     omission of the holder of an agent's permit only if an individual
 4-5     employed by the person in a supervisory position:
 4-6                 (1)  was directly involved in the act or omission of
 4-7     the holder of an agent's permit;
 4-8                 (2)  had notice or knowledge of the act or omission;
 4-9     and
4-10                 (3)  failed to take reasonable steps to prevent the act
4-11     or omission.
4-12           SECTION 5.  Section 24.07, Alcoholic Beverage Code, is
4-13     amended to read as follows:
4-14           Sec. 24.07.  WHEN LICENSE ALSO HELD:  HOURS OF SALE, ETC.  A
4-15     holder of a wine only package store permit who also holds a retail
4-16     dealer's off-premise license for the same location may remain open
4-17     and sell ale, wine, vinous liquors, and beer, for off-premises
4-18     consumption only, on any day and during the same hours that the
4-19     holder of a wine and beer retailer's permit may sell ale, beer, and
4-20     wine, except that he may not sell wine or vinous liquor containing
4-21     more than 17 [14] percent alcohol by volume on a Sunday or after 10
4-22     p.m. on any day.
4-23           SECTION 6. Section 25.01, Alcoholic Beverage Code, is amended
4-24     to read as follows:
4-25           Sec. 25.01.  AUTHORIZED ACTIVITIES.  The holder of a wine and
4-26     beer retailer's permit may sell:
4-27                 (1)  for consumption on or off the premises where sold,
 5-1     but not for resale, wine containing not more than 17 percent
 5-2     alcohol by volume and [,] beer[,] and malt liquors containing
 5-3     alcohol in excess of one-half of one percent by volume and not more
 5-4     than 14 percent by volume; and
 5-5                 (2)  for consumption on the premises traditional port
 5-6     or sherry containing alcohol in excess of one-half of one percent
 5-7     by volume and not more than 24 percent by volume.
 5-8           SECTION 7.  Section 25.09, Alcoholic Beverage Code, is
 5-9     amended to read as follows:
5-10           Sec. 25.09.  POSSESSION OF CERTAIN BEVERAGES PROHIBITED.  No
5-11     wine and beer retailer's permittee, nor officer of the permittee,
5-12     may possess [distilled spirits or liquor containing alcohol in
5-13     excess of 14 percent by volume] on the licensed premises any
5-14     alcoholic beverage the permitee is not authorized to sell.
5-15           SECTION 8.  Section 26.01, Alcoholic Beverage Code, is
5-16     amended to read as follows:
5-17           Sec. 26.01.  AUTHORIZED ACTIVITIES.  The holder of a wine and
5-18     beer retailer's off-premise permit may sell for off-premises
5-19     consumption only, but not for resale, wine containing not more than
5-20     17 percent alcohol by volume and [,] beer[,] and malt liquors
5-21     containing alcohol in excess of one-half of one percent by volume
5-22     but not more than 14 percent by volume.
5-23           SECTION 9.  Section 27.01, Alcoholic Beverage Code, is
5-24     amended to read as follows:
5-25           Sec. 27.01.  AUTHORIZED ACTIVITIES.  The holder of a
5-26     temporary wine and beer retailer's permit may sell for consumption
5-27     on or off the premises where sold, 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     The permit does not authorize the sale of those beverages outside
 6-5     the county for which it is  issued.
 6-6           SECTION 10.  Section 27.11, Alcoholic Beverage Code, is
 6-7     amended to read as follows:
 6-8           Sec. 27.11.  AUTHORIZED ACTIVITIES.  The holder of a special
 6-9     three-day wine and beer permit may sell for consumption on the
6-10     premises for which the permit is issued, but not for resale, wine
6-11     containing not more than 17 percent alcohol by volume and[,]
6-12     beer[,] and malt liquors containing alcohol in excess of one-half
6-13     of one percent by volume but not more than 14 percent by volume.
6-14           SECTION 11.  Section 42.01(a), Alcoholic Beverage Code, is
6-15     amended to read as follows:
6-16           (a)  The holder of a private carrier permit who is also a
6-17     holder of a brewer's, distiller's and rectifier's, winery,
6-18     wholesaler's, class B wholesaler's, or wine bottler's permit may
6-19     transport liquor from the place of purchase to his place of
6-20     business and from the place of sale or distribution to the
6-21     purchaser in vehicles owned or leased in good faith by the holder,
6-22     or in a vehicle owned or leased by the holder of a permit issued
6-23     under Chapter 35, if the transportation is for a lawful purpose.
6-24           SECTION 12.  Section 61.03, Alcoholic Beverage Code, is
6-25     amended  to read as follows:
6-26           Sec. 61.03.  [DURATION AND] EXPIRATION OR SUSPENSION OF
6-27     LICENSE.  (a)  Except as provided by Subsection (b), a [No] license
 7-1     may not be issued for a term longer than one year.  Any license
 7-2     except a branch, importer's, importer's carrier's, or temporary
 7-3     license expires one year after the date on which it is issued.
 7-4           (b)  A secondary license which requires the holder of the
 7-5     license to first obtain another license, including a late hours
 7-6     license or temporary license, expires on the same date the basic or
 7-7     primary license expires.  The commission may not prorate or refund
 7-8     any part of the fee for the secondary license if the application of
 7-9     this section results in the expiration of the license in less than
7-10     one year.
7-11           (c)  An action by the commission resulting in the suspension
7-12     of a basic or primary license also acts to suspend any secondary
7-13     license held by the holder of the basic or primary license.
7-14           SECTION 13.   Subchapter A, Chapter 61, Alcoholic Beverage
7-15     Code, is amended by adding Section 61.031 to read as follows:
7-16           Sec. 61.031.  NOTIFICATION OF EXPIRED OR SUSPENDED LICENSE;
7-17     LIABILITY FOR UNAUTHORIZED SALE.  (a)  The commission shall verify
7-18     that the holder of an expired or suspended retail license is not
7-19     operating in violation of this code.  The verification, including
7-20     any inspection of the premises by commission personnel, must occur
7-21     within a reasonable time after the date the license expires or is
7-22     suspended.
7-23           (b)  The commission shall promptly notify each wholesaler, as
7-24     that term is ordinarily used and understood in Section 102.01, who
7-25     regularly supplies retailers in the geographic area that the
7-26     holder's retail license has expired or has been suspended.
7-27           (c)  A wholesaler may not be charged with or be held liable
 8-1     for a violation of this code relating to the sale of alcoholic
 8-2     beverages to an unlicensed premise if the commission has not
 8-3     notified the wholesaler under Subsection (b).
 8-4           (d)  This section does not apply if the holder of a retail
 8-5     license has timely filed a renewal application and is operating
 8-6     during the pendency of the renewal application subject to this code
 8-7     and the regulations of the commission.
 8-8           SECTION 14.  Subchapter C, Chapter 61, Alcoholic Beverage
 8-9     Code, is amended by adding Sections 61.86 and 61.87 to read as
8-10     follows:
8-11           Sec. 61.86.  AFFIRMATION OF COMPLIANCE.  A person who holds a
8-12     license under Chapter 64, 65, or 66 may not be held liable for
8-13     selling or delivering an alcoholic beverage to a retailer not
8-14     authorized to purchase and receive the alcoholic beverage if the
8-15     license holder:
8-16                 (1)  reasonably believes that the retailer is
8-17     authorized to purchase and receive that type of alcoholic beverage;
8-18     and
8-19                 (2)  obtains from the retailer at the time of delivery
8-20     a written affirmation, which may be printed or stamped on a sales
8-21     invoice evidencing the sale or delivery of alcoholic beverages by
8-22     the license holder, that the retailer is authorized to purchase and
8-23     receive the type of alcoholic beverage sold and delivered by the
8-24     license holder.
8-25           Sec. 61.87.  DISCIPLINE FOR ACTIONS OF AGENT.  The commission
8-26     or administrator may suspend or revoke the license of a person who
8-27     is the employer of or represented by the holder of an agent's beer
 9-1     license as described by Section 73.01 or otherwise discipline the
 9-2     person based on an act or omission of the holder of the agent's
 9-3     beer license only if an individual employed by the person in a
 9-4     supervisory position:
 9-5                 (1)  was directly involved in the act or omission of
 9-6     the holder of the agent's beer license;
 9-7                 (2)  had notice or knowledge of the act or omission;
 9-8     and
 9-9                 (3)  failed to take reasonable steps to prevent the act
9-10     or omission.
9-11           SECTION 15.  Section 71.04, Alcoholic Beverage Code, is
9-12     amended to read as follows:
9-13           Sec. 71.04.  POSSESSION OF CERTAIN BEVERAGES PROHIBITED.  No
9-14     retail dealer's off-premise licensee, nor [his] officer of the
9-15     licensee, may possess [liquor containing alcohol in excess of 14
9-16     percent by volume] on the licensed premises any alcoholic beverage
9-17     the licensee is not authorized to sell.
9-18           SECTION 16.  Section 102.07, Alcoholic Beverage Code, is
9-19     amended by amending Subsection (a) and adding Subsection (g) to
9-20     read as follows:
9-21           (a)  Except as provided in Subsections (b), [and] (d), and
9-22     (g) [of this section], no person who owns or has an interest in the
9-23     business of a distiller, brewer, rectifier, wholesaler, class B
9-24     wholesaler, winery, or wine bottler, nor the agent, servant, or
9-25     employee of such a person, may:
9-26                 (1)  own or have a direct or indirect interest in the
9-27     business, premises, equipment, or fixtures of a retailer;
 10-1                (2)  furnish, give, or lend any money, service, or
 10-2    thing of value to a retailer;
 10-3                (3)  guarantee a financial obligation of a retailer;
 10-4                (4)  make or offer to enter an agreement, condition, or
 10-5    system which will in effect amount to the shipment and delivery of
 10-6    alcoholic beverages on consignment;
 10-7                (5)  furnish, give, rent, lend, or sell to a retail
 10-8    dealer any equipment, fixtures, or supplies to be used in selling
 10-9    or dispensing alcoholic beverages, except that alcoholic beverages
10-10    may be packaged in combination with other items if the package is
10-11    designed to be delivered intact to the ultimate consumer and the
10-12    additional items have no value or benefit to the retailer other
10-13    than that of having the potential of attracting purchases and
10-14    promoting sales;
10-15                (6)  pay or make an allowance to a retailer for a
10-16    special advertising or distribution service;
10-17                (7)  allow an excessive discount to a retailer; or
10-18                (8)  offer a prize, premium, gift, or similar
10-19    inducement to a retailer or to the agent, servant, or employee of a
10-20    retailer.
10-21          (g)  Subsection (a) does not prohibit a permittee covered
10-22    under Subsection (a) from prearranging or preannouncing a
10-23    promotional activity otherwise permitted by this code with a
10-24    retailer about a promotional activity to be held on the retailer's
10-25    premises. A holder of wholesaler's or class B wholesaler's permit
10-26    may prearrange a promotional activity only for distilled spirits or
10-27    wine.  A permittee may not:
 11-1                (1)  preannounce a promotion to a consumer, if the
 11-2    permittee is the holder of a wholesaler's or class B wholesaler's
 11-3    permit; or
 11-4                (2)  preannounce the purchase of wine or distilled
 11-5    spirits to a consumer.
 11-6          SECTION 17.  Section 102.72, Alcoholic Beverage Code, is
 11-7    amended by adding Subsections (d) and (e) to read as follows:
 11-8          (d)  A manufacturer or distributor may file a copy of any
 11-9    agreement entered into under this subchapter with the commission.
11-10          (e)  An agreement entered into, renewed, or amended under
11-11    this subchapter after September 1, 1999, shall contain, on the
11-12    front page of the agreement, information on whether any portion of
11-13    the agreement is subject to arbitration or subject to Chapter 26,
11-14    Business & Commerce Code.
11-15          SECTION 18.  Section 107.07(f), Alcoholic Beverage Code, is
11-16    amended to read as follows:
11-17          (f)  A [Any] person in the business of selling alcoholic
11-18    beverages in another state or country commits an offense if the
11-19    person [who] ships or causes to be shipped any alcoholic beverage
11-20    directly to any Texas resident under this section [is in violation
11-21    of this code]. An offense under this subsection is a Class A
11-22    misdemeanor unless it is shown at the trial of the offense that the
11-23    person shipped an alcoholic beverage or caused an alcoholic
11-24    beverage to be shipped after the person received written notice
11-25    from the commission that the person was violating this subsection,
11-26    in which event the offense is a state jail felony.
11-27          SECTION 19.  Sections 251.14(a) and (e), Alcoholic Beverage
 12-1    Code, are amended to read as follows:
 12-2          (a)  In the ballot issues prescribed in this section, "wine"
 12-3    is limited to vinous beverages that do not contain more than 17
 12-4    [14] percent alcohol by volume and includes malt beverages that do
 12-5    not exceed that alcohol content.  For local option purposes, those
 12-6    beverages, sold and dispensed to the public in unbroken, sealed,
 12-7    individual containers, are a separate and distinct type of
 12-8    alcoholic beverage.
 12-9          (e)  In areas where the sale of beverages containing alcohol
12-10    not in excess of 17 [14] percent by volume has been legalized, and
12-11    those of higher alcoholic content are prohibited, the ballot shall
12-12    be prepared to permit voting for or against one of the following
12-13    issues in any prohibitory election:
12-14                (1)  "The legal sale of beer for off-premise
12-15    consumption only."
12-16                (2)  "The legal sale of beer."
12-17                (3)  "The legal sale of beer and wine for off-premise
12-18    consumption only."
12-19                (4)  "The legal sale of beer and wine."
12-20          SECTION 20.  Subchapter D, Chapter 251, Alcoholic Beverage
12-21    Code, is amended by adding Section 251.81 to read as follows:
12-22          Sec. 251.81.  SALE OF WINE. (a) If the sale of wine was
12-23    approved in an area by a local option election, other than a local
12-24    option election that approved the sale of all alcoholic beverages,
12-25    before September 1, 1999, an alcoholic beverage license or permit
12-26    holder may not sell in that area wine containing more than 14
12-27    percent alcohol by volume unless a subsequent local option election
 13-1    approves the sale of wine or wine and other alcoholic beverages.
 13-2          (b)  The commission shall, on the face of each alcoholic
 13-3    beverage license or permit, indicate whether the holder may sell
 13-4    wine and, if the license or permit holder may sell wine, whether
 13-5    the holder may sell wine up to 14 percent alcohol or 17 percent
 13-6    alcohol by volume.
 13-7          SECTION 21.  Sections 22.09 and 24.08, Alcoholic Beverage
 13-8    Code, are repealed.
 13-9          SECTION 22.  Sections 11.72 and 61.86, Alcoholic Beverage
13-10    Code, as added by this Act, apply only to a sale or delivery of an
13-11    alcoholic beverage on or after the effective date of this Act.
13-12          SECTION 23.  Sections 11.73 and 61.87, Alcoholic Beverage
13-13    Code, as added by this Act, apply only to an act or omission of the
13-14    holder of an agent's permit under Chapter 35, Alcoholic Beverage
13-15    Code, or of an agent's beer license under Chapter 73, Alcoholic
13-16    Beverage Code, that occurs on or after the effective date of this
13-17    Act.
13-18          SECTION 24.  (a)  The change in law made to Section 107.07,
13-19    Alcoholic Beverage Code, by this Act applies only to an offense
13-20    committed on or after the effective date of this Act.  For purposes
13-21    of this section, an offense is committed before the effective date
13-22    of this Act if any element of the offense occurs before the
13-23    effective date.
13-24          (b)  An offense committed before the effective date of this
13-25    Act is covered by the law in effect when the offense was committed,
13-26    and the former law is continued in effect for that purpose.
13-27          SECTION 25.  This Act takes effect September 1, 1999.
 14-1          SECTION 26.  The importance of this legislation and the
 14-2    crowded condition of the calendars in both houses create an
 14-3    emergency and an imperative public necessity that the
 14-4    constitutional rule requiring bills to be read on three several
 14-5    days in each house be suspended, and this rule is hereby suspended.