AN ACT
1-1 relating to certain prohibited activities by persons younger than
1-2 18 years of age conducted on premises covered by an alcoholic
1-3 beverage license or permit; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 11.64, Alcoholic Beverage
1-6 Code, is amended to read as follows:
1-7 (a) When the commission or administrator is authorized to
1-8 suspend a permit or license under this code, the commission or
1-9 administrator shall give the permittee or licensee the opportunity
1-10 to pay a civil penalty rather than have the permit or license
1-11 suspended, unless the basis for the suspension is a violation of
1-12 Section 11.61(b)(14), 22.12, 28.11, 61.71(a)(5), 61.71(a)(6),
1-13 61.74(a)(14), 69.13, 71.09, 101.63, 106.03, [or] 106.06, or 106.15
1-14 or an offense relating to prostitution or gambling, in which case
1-15 the commission or administrator shall determine whether the
1-16 permittee or licensee may have the opportunity to pay a civil
1-17 penalty rather than have the permit or license suspended. The
1-18 commission shall adopt rules addressing when suspension may be
1-19 imposed pursuant to this section without the opportunity to pay a
1-20 civil penalty. In adopting rules under this subsection, the
1-21 commission shall consider the type of license or permit held, the
1-22 type of violation, any aggravating or ameliorating circumstances
1-23 concerning the violation, and any past violations of this code by
1-24 the permittee or licensee. In cases in which a civil penalty is
2-1 assessed, the commission or administrator shall determine the
2-2 amount of the penalty and in doing so shall consider the economic
2-3 impact a suspension would have on the permittee or licensee. The
2-4 amount of the civil penalty may not be less than $150 or more than
2-5 $25,000 for each day the permit or license was to have been
2-6 suspended. If the licensee or permittee does not pay the penalty
2-7 before the sixth day after the commission or administrator notifies
2-8 him of the amount, the commission or administrator shall impose the
2-9 suspension.
2-10 SECTION 2. Chapter 106, Alcoholic Beverage Code, is amended
2-11 by adding Section 106.15 to read as follows:
2-12 Sec. 106.15. PROHIBITED ACTIVITIES BY PERSONS YOUNGER THAN
2-13 18. (a) A permittee or licensee commits an offense if he employs,
2-14 authorizes, permits, or induces a person younger than 18 years of
2-15 age to dance with another person in exchange for a benefit, as
2-16 defined by Section 1.07, Penal Code, on the premises covered by the
2-17 permit or license.
2-18 (b) An offense under Subsection (a) is a Class A
2-19 misdemeanor.
2-20 (c) In addition to a penalty imposed under Subsection (b),
2-21 the commission or administrator shall:
2-22 (1) suspend for a period of five days the license or
2-23 permit of a person convicted of a first offense under Subsection
2-24 (a);
2-25 (2) suspend for a period of 60 days the license or
2-26 permit of a person convicted of a second offense under Subsection
3-1 (a); and
3-2 (3) cancel the license or permit of a person convicted
3-3 of a third offense under Subsection (a).
3-4 (d) This section does not apply to a gift or benefit given
3-5 for a dance at a wedding, anniversary, or similar event.
3-6 (e) A person does not commit an offense under Subsection (a)
3-7 if the person younger than 18 years of age falsely represents the
3-8 person's age to be at least 18 years of age by displaying an
3-9 apparently valid Texas driver's license or an identification card
3-10 issued by the Department of Public Safety containing a physical
3-11 description consistent with the person's appearance.
3-12 SECTION 3. This Act takes effect September 1, 1999.
3-13 SECTION 4. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 222 passed the Senate on
March 31, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 222 passed the House on
April 29, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor