By Gallegos S.B. No. 222
76R4257 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain prohibited activities by persons younger than
1-3 18 years of age conducted on premises covered by an alcoholic
1-4 beverage license or permit; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11.64(a), Alcoholic Beverage Code, is
1-7 amended to read as follows:
1-8 (a) When the commission or administrator is authorized to
1-9 suspend a permit or license under this code, the commission or
1-10 administrator shall give the permittee or licensee the opportunity
1-11 to pay a civil penalty rather than have the permit or license
1-12 suspended, unless the basis for the suspension is a violation of
1-13 Section 11.61(b)(14), 22.12, 28.11, 61.71(a)(5), 61.71(a)(6),
1-14 61.74(a)(14), 69.13, 71.09, 101.63, 106.03, [or] 106.06, or 106.15
1-15 or an offense relating to prostitution or gambling, in which case
1-16 the commission or administrator shall determine whether the
1-17 permittee or licensee may have the opportunity to pay a civil
1-18 penalty rather than have the permit or license suspended. The
1-19 commission shall adopt rules addressing when suspension may be
1-20 imposed pursuant to this section without the opportunity to pay a
1-21 civil penalty. In adopting rules under this subsection, the
1-22 commission shall consider the type of license or permit held, the
1-23 type of violation, any aggravating or ameliorating circumstances
1-24 concerning the violation, and any past violations of this code by
2-1 the permittee or licensee. In cases in which a civil penalty is
2-2 assessed, the commission or administrator shall determine the
2-3 amount of the penalty and in doing so shall consider the economic
2-4 impact a suspension would have on the permittee or licensee. The
2-5 amount of the civil penalty may not be less than $150 or more than
2-6 $25,000 for each day the permit or license was to have been
2-7 suspended. If the licensee or permittee does not pay the penalty
2-8 before the sixth day after the commission or administrator notifies
2-9 him of the amount, the commission or administrator shall impose the
2-10 suspension.
2-11 SECTION 2. Chapter 106, Alcoholic Beverage Code, is amended
2-12 by adding Section 106.15 to read as follows:
2-13 Sec. 106.15. PROHIBITED ACTIVITIES BY PERSONS YOUNGER THAN
2-14 18. (a) A person holding a permit or license issued under this
2-15 code commits an offense if the person employs, authorizes, permits,
2-16 or induces a person younger than 18 years of age to dance with or
2-17 for another person in exchange for a benefit, as defined by Section
2-18 1.07, Penal Code, on the premises covered by the permit or license.
2-19 (b) An offense under Subsection (a) is a Class A
2-20 misdemeanor.
2-21 (c) In addition to a penalty imposed under Subsection (b),
2-22 the commission or administrator shall:
2-23 (1) suspend for a period of five days the license or
2-24 permit of a person convicted of a first offense under Subsection
2-25 (a);
2-26 (2) suspend for a period of 60 days the license or
2-27 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) A person does not commit an offense under Subsection (a)
3-5 if the person younger than 18 years of age falsely represents the
3-6 person's age to be at least 18 years of age by displaying an
3-7 apparently valid Texas driver's license or an identification card
3-8 issued by the Texas Department of Public Safety, containing a
3-9 physical description consistent with the person's appearance.
3-10 SECTION 3. This Act takes effect September 1, 1999.
3-11 SECTION 4. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.