1-1                                   AN ACT
 1-2     relating to the sale of alcohol in dry areas; providing criminal
 1-3     penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 101.31, Alcoholic Beverage Code, is
 1-6     amended to read as follows:
 1-7           Sec. 101.31.  ALCOHOLIC BEVERAGES IN DRY AREAS. (a)  Except
 1-8     as otherwise provided in this code, no person in a dry area may
 1-9     manufacture, distill, brew, sell, import into the state, export
1-10     from the state, transport, distribute, warehouse, store, solicit or
1-11     take orders for, or possess with intent to sell an alcoholic
1-12     beverage.
1-13           (b)  An offense under this section is a Class B misdemeanor. 
1-14           (c)  If it is shown on the trial of an offense under this
1-15     section that the person has previously been convicted two or more
1-16     times of an offense under this section, the offense is a state jail
1-17     felony.
1-18           SECTION 2.  For the purpose of identifying the areas affected
1-19     by the change in law made by this Act, the Texas Alcoholic Beverage
1-20     Commission shall compile a listing of the precincts,
1-21     municipalities, and counties that are dry areas for the purpose of
1-22     Section 101.31, Alcoholic Beverage Code.  Each municipality and
1-23     county shall cooperate with the commission in producing and
1-24     providing the information to be compiled.
 2-1           SECTION 3. (a)  This Act takes effect September 1, 2001.
 2-2           (b)  The change in law made by this Act applies only to an
 2-3     offense committed on or after the effective date of this Act.  For
 2-4     purposes of this section, an offense is committed before the
 2-5     effective date of this Act if any element of the offense occurs
 2-6     before the effective date.
 2-7           (c)  An offense committed before the effective date of this
 2-8     Act is covered by the law in effect when the offense was committed,
 2-9     and the former law is continued in effect for that purpose.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 269 was passed by the House on April
         10, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 269 on May 16, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 269 was passed by the Senate, with
         amendments, on May 14, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor