1 | 1 | | 83R18337 MCK-D |
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2 | 2 | | By: Anchia H.B. No. 575 |
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3 | 3 | | Substitute the following for H.B. No. 575: |
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4 | 4 | | By: Smith C.S.H.B. No. 575 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to penalties imposed on a holder of an alcoholic beverage |
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10 | 10 | | license or permit on the basis of a criminal prosecution. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 11.641(c), Alcoholic Beverage Code, is |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | (c) A civil penalty against the holder of[, including |
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15 | 15 | | cancellation of] a permit[,] may not be imposed on the basis of a |
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16 | 16 | | criminal prosecution in which the defendant was found not guilty, |
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17 | 17 | | the criminal charges were dismissed, or there has not been final |
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18 | 18 | | adjudication except for allegations involving: |
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19 | 19 | | (1) a violation of: |
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20 | 20 | | (A) Section 22.12, 28.11, 69.13, 71.09, 101.04, |
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21 | 21 | | 101.63, 104.01(4), 104.01(9), 106.03, 106.06, or 106.15; or |
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22 | 22 | | (B) Chapter 105; or |
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23 | 23 | | (2) prostitution, trafficking of persons, or |
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24 | 24 | | gambling. |
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25 | 25 | | SECTION 2. Section 11.641(c), Alcoholic Beverage Code, as |
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26 | 26 | | amended by this Act, applies only to the imposition of a penalty for |
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27 | 27 | | a violation that occurs on or after the effective date of this Act. |
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28 | 28 | | The imposition of a penalty for a violation that occurs before the |
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29 | 29 | | effective date of this Act is governed by the law in effect |
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30 | 30 | | immediately before the effective date of this Act, and that law is |
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31 | 31 | | continued in effect for that purpose. |
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32 | 32 | | SECTION 3. This Act takes effect September 1, 2013. |
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