1-1 AN ACT
1-2 relating to punishments for certain violations of alcoholic
1-3 beverage law relating to minors.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 106.13(a) and (b), Alcoholic Beverage
1-6 Code, are amended to read as follows:
1-7 (a) Except as provided in Subsections (b) and (c) of this
1-8 section, the commission or administrator may cancel or suspend for
1-9 not more than 90 [60] days a retail license or permit or a private
1-10 club registration permit if it is found, on notice and hearing,
1-11 that the licensee or permittee with criminal negligence sold,
1-12 served, dispensed, or delivered an alcoholic beverage to a minor or
1-13 with criminal negligence permitted a minor to violate Section
1-14 106.04 or 106.05 of this code on the licensed premises.
1-15 (b) For a second offense the commission or administrator may
1-16 cancel the license or permit or suspend it for not more than six
1-17 [three] months. For a third offense within a period of 36
1-18 consecutive months the commission or administrator may cancel the
1-19 permit or suspend it for not more than 12 months.
1-20 SECTION 2. Section 106.06(c), Alcoholic Beverage Code, is
1-21 amended to read as follows:
1-22 (c) An offense under this section is a Class A [B]
1-23 misdemeanor.
1-24 SECTION 3. (a) This Act takes effect September 1, 2001.
2-1 (b) The change in law made by this Act applies only to an
2-2 offense committed on or after the effective date of this Act. For
2-3 purposes of this section, an offense is committed before the
2-4 effective date of this Act if any element of the offense occurs
2-5 before that date.
2-6 (c) An offense committed before the effective date of this
2-7 Act is covered by the law in effect when the offense was committed,
2-8 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. 2331 was passed by the House on May
1, 2001, by the following vote: Yeas 136, Nays 0, 1 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2331 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor