84R17067 JAM-F
By: Romero, Jr., Walle, et al. H.B. No. 3982
Substitute the following for H.B. No. 3982:
By: Smith C.S.H.B. No. 3982
A BILL TO BE ENTITLED
AN ACT
relating to solicitation of a person to buy drinks for consumption
by an alcoholic beverage retailer or the retailer's employee;
authorizing a civil penalty; amending a provision that is subject
to a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.64(a), Alcoholic Beverage Code, is
amended to read as follows:
(a) When the commission or administrator is authorized to
suspend a permit or license under this code, the commission or
administrator shall give the permittee or licensee the opportunity
to pay a civil penalty rather than have the permit or license
suspended, unless the basis for the suspension is a violation of
Section 11.61(b)(14), 22.12, 28.11, 32.17(a)(2), 32.17(a)(3),
61.71(a)(5), 61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.04,
101.63, 104.01(a)(4), 106.03, 106.06, or 106.15, the sale or offer
for sale of an alcoholic beverage during hours prohibited by
Chapter 105, consumption or the permitting of consumption of an
alcoholic beverage on the person's licensed or permitted premises
during hours prohibited by Chapter 105 or Section 32.17(a)(7), or
an offense relating to prostitution, trafficking of persons, or
gambling, in which case the commission or administrator shall
determine whether the permittee or licensee may have the
opportunity to pay a civil penalty rather than have the permit or
license suspended. The commission shall adopt rules addressing
when suspension may be imposed pursuant to this section without the
opportunity to pay a civil penalty. In adopting rules under this
subsection, the commission shall consider the type of license or
permit held, the type of violation, any aggravating or ameliorating
circumstances concerning the violation, and any past violations of
this code by the permittee or licensee. In cases in which a civil
penalty is assessed, the commission or administrator shall
determine the amount of the penalty. The amount of the civil
penalty may not be less than $150 or more than $25,000 for each day
the permit or license was to have been suspended. If the licensee
or permittee does not pay the penalty before the sixth day after the
commission or administrator notifies him of the amount, the
commission or administrator shall impose the suspension.
SECTION 2. Section 104.01, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (a) No
person authorized to sell beer at retail, nor the person's [his]
agent, servant, or employee, may engage in or permit conduct on the
premises of the retailer which is lewd, immoral, or offensive to
public decency, including, but not limited to, any of the following
acts:
(1) the use of loud and vociferous or obscene, vulgar,
or indecent language, or permitting its use;
(2) the exposure of a person or permitting a person to
expose himself or herself [his person];
(3) rudely displaying or permitting a person to rudely
display a pistol or other deadly weapon in a manner calculated to
disturb persons in the retail establishment;
(4) solicitation of any person to buy drinks for
consumption by the retailer or any of the retailer's [his]
employees;
(5) being intoxicated on the licensed premises;
(6) permitting lewd or vulgar entertainment or acts;
(7) permitting solicitations of persons for immoral or
sexual purposes;
(8) failing or refusing to comply with state or
municipal health or sanitary laws or ordinances; or
(9) possession of a narcotic or any equipment used or
designed for the administering of a narcotic or permitting a person
on the licensed premises to do so.
(b) For purposes of Subsection (a)(4), a solicitation is
presumed if an alcoholic beverage is sold or offered for sale for
an amount in excess of the retailer's listed, advertised, or
customary price. The presumption may be rebutted only by evidence
presented under oath.
SECTION 3. (a) Section 11.64(a), Alcoholic Beverage Code,
as amended by this Act, applies only to the imposition of a penalty
for a violation that occurs on or after the effective date of this
Act. The imposition of a penalty for a violation that occurs before
the effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
(b) Section 104.01(b), Alcoholic Beverage Code, as added by
this Act, applies only to the sale or offer for sale of an alcoholic
beverage on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2015.