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.
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