| |
| |
| |
|
|
AN ACT
|
|
|
relating to the unauthorized use of an alcoholic beverage permit or |
|
|
license; providing a criminal penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 11.05, Alcoholic Beverage Code, is |
|
|
amended to read as follows: |
|
|
Sec. 11.05. UNAUTHORIZED USE OF PERMIT. A [No] permittee |
|
|
may not consent to or allow the use or display of the permittee's |
|
|
[his] permit by a person other than the person to whom the permit |
|
|
was issued. |
|
|
SECTION 2. Section 11.46, Alcoholic Beverage Code, is |
|
|
amended by adding Subsection (d) to read as follows: |
|
|
(d) The commission or administrator shall refuse to issue an |
|
|
original permit to a person convicted of an offense under Section |
|
|
101.76 for a period of five years from the date of the conviction. |
|
|
SECTION 3. Section 11.61, Alcoholic Beverage Code, is |
|
|
amended by adding Subsection (d-1) to read as follows: |
|
|
(d-1) Notwithstanding Section 11.64, the commission or |
|
|
administrator shall cancel an original or renewal permit if it is |
|
|
found, after notice and hearing, that the permittee was convicted |
|
|
of an offense under Section 101.76. |
|
|
SECTION 4. Subchapter A, Chapter 61, Alcoholic Beverage |
|
|
Code, is amended by adding Section 61.16 to read as follows: |
|
|
Sec. 61.16. UNAUTHORIZED USE OF LICENSE. A licensee may not |
|
|
consent to or allow the use or display of the licensee's license by |
|
|
a person other than the person to whom the license was issued. |
|
|
SECTION 5. Section 61.42, Alcoholic Beverage Code, is |
|
|
amended by adding Subsection (d) to read as follows: |
|
|
(d) The county judge, commission, or administrator shall |
|
|
refuse to approve or issue a license to a person convicted of an |
|
|
offense under Section 101.76 for a period of five years from the |
|
|
date of the conviction. |
|
|
SECTION 6. Subchapter C, Chapter 61, Alcoholic Beverage |
|
|
Code, is amended by adding Section 61.713 to read as follows: |
|
|
Sec. 61.713. CANCELLATION FOR IMPROPER DISPLAY OR USE OF |
|
|
LICENSE. Notwithstanding Section 61.76 or 61.761, the commission |
|
|
or administrator shall cancel an original or renewal license if it |
|
|
is found, after notice and hearing, that the licensee was convicted |
|
|
of an offense under Section 101.76. |
|
|
SECTION 7. Subchapter D, Chapter 101, Alcoholic Beverage |
|
|
Code, is amended by adding Section 101.76 to read as follows: |
|
|
Sec. 101.76. UNLAWFUL DISPLAY OR USE OF PERMIT OR LICENSE. |
|
|
(a) A person commits an offense if the person knowingly allows |
|
|
another person to display or use a permit or license issued by the |
|
|
commission in any manner not allowed by law. |
|
|
(b) A person commits an offense if the person displays or |
|
|
uses a permit or license issued by the commission to another person |
|
|
in any manner not allowed by law. |
|
|
(c) Except as provided by Subsection (d), an offense under |
|
|
this section is a Class B misdemeanor. |
|
|
(d) If it is shown on the trial of an offense under this |
|
|
section that the person has previously been convicted of an offense |
|
|
under this section, the offense is a Class A misdemeanor. |
|
|
SECTION 8. This Act takes effect September 1, 2015. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 367 passed the Senate on |
|
|
April 27, 2015, by the following vote: Yeas 26, Nays 4. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 367 passed the House on |
|
|
May 21, 2015, by the following vote: Yeas 135, Nays 7, two |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |