1-1 By: Sibley S.B. No. 427
1-2 (In the Senate - Filed February 8, 1999; February 9, 1999,
1-3 read first time and referred to Committee on Economic Development;
1-4 March 1, 1999, reported favorably by the following vote: Yeas 6,
1-5 Nays 1; March 1, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the penalty for certain interstate or foreign shipments
1-9 of alcoholic beverages.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (f), Section 107.07, Alcoholic
1-12 Beverage Code, is amended to read as follows:
1-13 (f) Any person in the business of selling alcoholic
1-14 beverages in another state or country who ships or causes to be
1-15 shipped any alcoholic beverage directly to any Texas resident under
1-16 this section commits an offense [is in violation of this code]. An
1-17 offense under this subsection is a Class A misdemeanor unless it is
1-18 shown at the trial of the offense that the person committed the
1-19 offense after the person received written notice from the
1-20 commission that the person was violating this subsection, in which
1-21 event an offense under this subsection is a state jail felony.
1-22 SECTION 2. (a) This Act takes effect September 1, 1999.
1-23 (b) The change in law made to Section 107.07, Alcoholic
1-24 Beverage Code, by this Act applies only to an offense committed on
1-25 or after the effective date of this Act. For purposes of this
1-26 section, an offense is committed before the effective date of this
1-27 Act if any element of the offense occurs before the effective date.
1-28 (c) An offense committed before the effective date of this
1-29 Act is covered by the law in effect when the offense was committed,
1-30 and the former law is continued in effect for that purpose.
1-31 SECTION 3. The importance of this legislation and the
1-32 crowded condition of the calendars in both houses create an
1-33 emergency and an imperative public necessity that the
1-34 constitutional rule requiring bills to be read on three several
1-35 days in each house be suspended, and this rule is hereby suspended.
1-36 * * * * *