By:  Giddings                                                     H.B. No. 3122



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the sale, possession, or use of a device 
that vaporizes alcoholic beverages for the purpose of inhalation; 
providing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 101, Alcoholic Beverage 
Code, is amended by adding Section 101.76 to read as follows:
	Sec. 101.76.  ALCOHOLIC BEVERAGE VAPORIZING DEVICES 
PROHIBITED.  (a)  A person commits an offense if the person sells or 
possesses a device that vaporizes alcoholic beverages for the 
purpose of allowing the alcoholic beverages to be inhaled.
	(b)  An offense under this section is a misdemeanor 
punishable by:    
		(1)  a fine of $1,000;                                                 
		(2)  confinement in jail for a term not to exceed one 
year; or       
		(3)  both the fine and confinement.                                    
	SECTION 2.  This Act takes effect September 1, 2005.