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A BILL TO BE ENTITLED
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AN ACT
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relating to solicitation to buy drinks for consumption by a |
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retailer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. |
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Subtitle A, Title 3, Sec. 11.64, Alcoholic |
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Beverage Code, is amended to read as follows: |
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Sec. 11.64. ALTERNATIVES TO SUSPENSION, CANCELLATION. (a) |
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When the commission or administrator is authorized to suspend a |
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permit or license under this code, the commission or administrator |
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shall give the permittee or licensee the opportunity to pay a civil |
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penalty rather than have the permit or license suspended, unless |
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the basis for the suspension is a violation of Section |
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11.61(b)(14), 22.12, 28.11, 32.17(a)(2), 32.17(a)(3), 61.71(a)(5), |
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61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.04, 101.63, |
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104.01(4), 106.03, 106.06, or 106.15, the sale or offer for sale of |
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an alcoholic beverage during hours prohibited by Chapter 105, |
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consumption or the permitting of consumption of an alcoholic |
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beverage on the person's licensed or permitted premises during |
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hours prohibited by Chapter 105 or Section 32.17(a)(7), or an |
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offense relating to prostitution, controlled substance or drugs, |
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trafficking of persons, or gambling, in which case the commission |
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or administrator shall determine whether the permittee or licensee |
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may have the opportunity to pay a civil penalty rather than have the |
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permit or license suspended. The commission shall adopt rules |
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addressing when suspension may be imposed pursuant to this section |
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without the opportunity to pay a civil penalty. In adopting rules |
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under this subsection, the commission shall consider the type of |
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license or permit held, the type of violation, any aggravating or |
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ameliorating circumstances concerning the violation, and any past |
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violations of this code by the permittee or licensee. In cases in |
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which a civil penalty is assessed, the commission or administrator |
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shall determine the amount of the penalty. The amount of the civil |
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penalty may not be less than $150 or more than $25,000 for each day |
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the permit or license was to have been suspended. If the licensee or |
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permittee does not pay the penalty as ordered before the sixth day
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after the commission or administrator and has been notified |
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notifies him of the amount, by the commission or administrator, of |
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the order, the suspension shall be imposed the suspension. |
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(b) In the case of a violation of this code by a permittee or |
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a licensee, the commission or administrator may relax any provision |
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of the code relating to the suspension or cancellation of the permit |
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or license and assess a sanction the commission or administrator |
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finds just under the circumstances, and the commission or |
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administrator may reinstate the license or permit at any time |
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during the period of suspension on payment by the permittee or |
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licensee of a fee of not less than $75 nor more than $500, if the |
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commission or administrator finds that any of the circumstances |
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described in Subsection (c) exists. |
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(c) The following circumstances justify the application of |
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Subsection (b): |
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(1) that the violation could not reasonably have been |
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prevented by the permittee or licensee by the exercise of due |
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diligence; |
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(2) that the permittee or licensee was entrapped; |
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(3) that an agent, servant, or employee of the |
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permittee or licensee violated this code without the knowledge of |
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the permittee or licensee; |
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(4) that the permittee or licensee did not knowingly |
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violate this code; |
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(5) that the permittee or licensee has demonstrated |
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good faith, including the taking of actions to rectify the |
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consequences of the violation and to deter future violations; or |
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(6) that the violation was a technical one. |
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(d) Fees and civil penalties received by the commission |
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under this section shall be deposited in the general revenue fund. |
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SECTION 2. Title 4, Sec. 104.01, Alcoholic Beverage Code, |
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is amended by adding subsection (a) to read as follows: |
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(4) solicitation of any person to buy drinks for |
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consumption by the retailer or any of his employees; |
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(a) solicitation is presumed if an alcoholic |
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beverage is sold or offered for sale for an amount in excess of the |
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permit holder's listed, advertised, or customary price. The |
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presumption may be rebutted only by evidence presented under oath. |
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SECTION 3. This Act takes effect September 1, 2015. |