1-1     By:  Berman (Senate Sponsor - Staples)                 H.B. No. 269
 1-2           (In the Senate - Received from the House April 11, 2001;
 1-3     April 17, 2001, read first time and referred to Committee on
 1-4     Business and Commerce; May 1, 2001, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 1, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the sale of alcohol in dry areas; providing criminal
 1-9     penalties.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Section 101.31, Alcoholic Beverage Code, is
1-12     amended to read as follows:
1-13           Sec. 101.31.  ALCOHOLIC BEVERAGES IN DRY AREAS. (a)  Except
1-14     as otherwise provided in this code, no person in a dry area may
1-15     manufacture, distill, brew, sell, import into the state, export
1-16     from the state, transport, distribute, warehouse, store, solicit or
1-17     take orders for, or possess with intent to sell an alcoholic
1-18     beverage.
1-19           (b)  An offense under this section is a Class B misdemeanor. 
1-20           (c)  If it is shown on the trial of an offense under this
1-21     section that the person has previously been convicted two or more
1-22     times of an offense under this section, the offense is a state jail
1-23     felony.
1-24           SECTION 2. (a)  This Act takes effect September 1, 2001.
1-25           (b)  The change in law made by this Act applies only to an
1-26     offense committed on or after the effective date of this Act.  For
1-27     purposes of this section, an offense is committed before the
1-28     effective date of this Act if any element of the offense occurs
1-29     before the effective date.
1-30           (c)  An offense committed before the effective date of this
1-31     Act is covered by the law in effect when the offense was committed,
1-32     and the former law is continued in effect for that purpose.
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