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