By: Romero, Jr. H.B. No. 3982
A BILL TO BE ENTITLED
AN ACT
relating to solicitation to buy drinks for consumption by a
retailer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.
Subtitle A, Title 3, Sec. 11.64, Alcoholic
Beverage Code, is amended to read as follows:
Sec. 11.64. ALTERNATIVES TO SUSPENSION, CANCELLATION. (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(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, controlled substance or drugs,
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 as ordered before the sixth day
after the commission or administrator and has been notified
notifies him of the amount, by the commission or administrator, of
the order, the suspension shall be imposed the suspension.
(b) In the case of a violation of this code by a permittee or
a licensee, the commission or administrator may relax any provision
of the code relating to the suspension or cancellation of the permit
or license and assess a sanction the commission or administrator
finds just under the circumstances, and the commission or
administrator may reinstate the license or permit at any time
during the period of suspension on payment by the permittee or
licensee of a fee of not less than $75 nor more than $500, if the
commission or administrator finds that any of the circumstances
described in Subsection (c) exists.
(c) The following circumstances justify the application of
Subsection (b):
(1) that the violation could not reasonably have been
prevented by the permittee or licensee by the exercise of due
diligence;
(2) that the permittee or licensee was entrapped;
(3) that an agent, servant, or employee of the
permittee or licensee violated this code without the knowledge of
the permittee or licensee;
(4) that the permittee or licensee did not knowingly
violate this code;
(5) that the permittee or licensee has demonstrated
good faith, including the taking of actions to rectify the
consequences of the violation and to deter future violations; or
(6) that the violation was a technical one.
(d) Fees and civil penalties received by the commission
under this section shall be deposited in the general revenue fund.
SECTION 2. Title 4, Sec. 104.01, Alcoholic Beverage Code,
is amended by adding subsection (a) to read as follows:
(4) solicitation of any person to buy drinks for
consumption by the retailer or any of his employees;
(a) solicitation is presumed if an alcoholic
beverage is sold or offered for sale for an amount in excess of the
permit holder's listed, advertised, or customary price. The
presumption may be rebutted only by evidence presented under oath.
SECTION 3. This Act takes effect September 1, 2015.