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.
1-40 * * * * *