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