1-1 By: Gallegos S.B. No. 222
1-2 (In the Senate - Filed January 22, 1999; January 28, 1999,
1-3 read first time and referred to Committee on Economic Development;
1-4 March 25, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; March 25, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 222 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to certain prohibited activities by persons younger than
1-11 18 years of age conducted on premises covered by an alcoholic
1-12 beverage license or permit; providing penalties.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsection (a), Section 11.64, Alcoholic Beverage
1-15 Code, is amended to read as follows:
1-16 (a) When the commission or administrator is authorized to
1-17 suspend a permit or license under this code, the commission or
1-18 administrator shall give the permittee or licensee the opportunity
1-19 to pay a civil penalty rather than have the permit or license
1-20 suspended, unless the basis for the suspension is a violation of
1-21 Section 11.61(b)(14), 22.12, 28.11, 61.71(a)(5), 61.71(a)(6),
1-22 61.74(a)(14), 69.13, 71.09, 101.63, 106.03, [or] 106.06, or 106.15
1-23 or an offense relating to prostitution or gambling, in which case
1-24 the commission or administrator shall determine whether the
1-25 permittee or licensee may have the opportunity to pay a civil
1-26 penalty rather than have the permit or license suspended. The
1-27 commission shall adopt rules addressing when suspension may be
1-28 imposed pursuant to this section without the opportunity to pay a
1-29 civil penalty. In adopting rules under this subsection, the
1-30 commission shall consider the type of license or permit held, the
1-31 type of violation, any aggravating or ameliorating circumstances
1-32 concerning the violation, and any past violations of this code by
1-33 the permittee or licensee. In cases in which a civil penalty is
1-34 assessed, the commission or administrator shall determine the
1-35 amount of the penalty and in doing so shall consider the economic
1-36 impact a suspension would have on the permittee or licensee. The
1-37 amount of the civil penalty may not be less than $150 or more than
1-38 $25,000 for each day the permit or license was to have been
1-39 suspended. If the licensee or permittee does not pay the penalty
1-40 before the sixth day after the commission or administrator notifies
1-41 him of the amount, the commission or administrator shall impose the
1-42 suspension.
1-43 SECTION 2. Chapter 106, Alcoholic Beverage Code, is amended
1-44 by adding Section 106.15 to read as follows:
1-45 Sec. 106.15. PROHIBITED ACTIVITIES BY PERSONS YOUNGER THAN
1-46 18. (a) A permittee or licensee commits an offense if he employs,
1-47 authorizes, permits, or induces a person younger than 18 years of
1-48 age to dance with another person in exchange for a benefit, as
1-49 defined by Section 1.07, Penal Code, on the premises covered by the
1-50 permit or license.
1-51 (b) An offense under Subsection (a) is a Class A
1-52 misdemeanor.
1-53 (c) In addition to a penalty imposed under Subsection (b),
1-54 the commission or administrator shall:
1-55 (1) suspend for a period of five days the license or
1-56 permit of a person convicted of a first offense under Subsection
1-57 (a);
1-58 (2) suspend for a period of 60 days the license or
1-59 permit of a person convicted of a second offense under Subsection
1-60 (a); and
1-61 (3) cancel the license or permit of a person convicted
1-62 of a third offense under Subsection (a).
1-63 (d) This section does not apply to a gift or benefit given
1-64 for a dance at a wedding, anniversary, or similar event.
2-1 (e) A person does not commit an offense under Subsection (a)
2-2 if the person younger than 18 years of age falsely represents the
2-3 person's age to be at least 18 years of age by displaying an
2-4 apparently valid Texas driver's license or an identification card
2-5 issued by the Department of Public Safety containing a physical
2-6 description consistent with the person's appearance.
2-7 SECTION 3. This Act takes effect September 1, 1999.
2-8 SECTION 4. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.
2-13 * * * * *