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