1-1     By:  Uresti, Menendez                                 H.B. No. 2331
 1-2          (Senate Sponsor - Van de Putte)
 1-3           (In the Senate - Received from the House May 2, 2001;
 1-4     May 3, 2001, read first time and referred to Committee on Business
 1-5     and Commerce; May 10, 2001, reported favorably by the following
 1-6     vote:  Yeas 7, Nays 0; May 10, 2001, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to punishments for certain violations of alcoholic
1-10     beverage law relating to minors.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Sections 106.13(a) and (b), Alcoholic Beverage
1-13     Code, are amended to read as follows:
1-14           (a)  Except as provided in Subsections (b) and (c) of this
1-15     section, the commission or administrator may cancel or suspend for
1-16     not more than 90 [60] days a retail license or permit or a private
1-17     club registration permit if it is found, on notice and hearing,
1-18     that the licensee or permittee with criminal negligence sold,
1-19     served, dispensed, or delivered an alcoholic beverage to a minor or
1-20     with criminal negligence permitted a minor to violate Section
1-21     106.04 or 106.05 of this code on the licensed premises.
1-22           (b)  For a second offense the commission or administrator may
1-23     cancel the license or permit or suspend it for not more than six
1-24     [three] months.  For a third offense within a period of 36
1-25     consecutive months the commission or administrator may cancel the
1-26     permit or suspend it for not more than 12 months.
1-27           SECTION 2.  Section 106.06(c), Alcoholic Beverage Code, is
1-28     amended to read as follows:
1-29           (c)  An offense under this section is a Class A [B]
1-30     misdemeanor.
1-31           SECTION 3. (a)  This Act takes effect September 1, 2001.
1-32           (b)  The change in law made by this Act applies only to an
1-33     offense committed on or after the effective date of this Act.  For
1-34     purposes of this section, an offense is committed before the
1-35     effective date of this Act if any element of the offense occurs
1-36     before that date.
1-37           (c)  An offense committed before the effective date of this
1-38     Act is covered by the law in effect when the offense was committed,
1-39     and the former law is continued in effect for that purpose.
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