By Staples                                             S.B. No. 419
         77R203 MCK-D                           
                                A BILL TO BE ENTITLED
 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. (a)  This Act takes effect September 1, 2001.
1-19           (b)  The change in law made by this Act applies only to an
1-20     offense committed on or after the effective date of this Act.  For
1-21     purposes of this section, an offense is committed before the
1-22     effective date of this Act if any element of the offense occurs
1-23     before the effective date.
1-24           (c)  An offense committed before the effective date of this
 2-1     Act is covered by the law in effect when the offense was committed,
 2-2     and the former law is continued in effect for that purpose.