Texas 2015 - 84th Regular

Texas House Bill HB3982 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Romero, Jr., Walle, White of Tyler H.B. No. 3982
2		-	(Senate Sponsor - Lucio)
3		-	(In the Senate - Received from the House May 12, 2015;
4		-	May 13, 2015, read first time and referred to Committee on Business
5		-	and Commerce; May 22, 2015, reported favorably by the following
6		-	vote: Yeas 9, Nays 0; May 22, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 3982
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to solicitation of a person to buy drinks for consumption
13	6		by an alcoholic beverage retailer or the retailer's employee;
14	7		authorizing a civil penalty; amending a provision that is subject
15	8		to a criminal penalty.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		SECTION 1. Section 11.64(a), Alcoholic Beverage Code, is
18	11		amended to read as follows:
19	12		(a) When the commission or administrator is authorized to
20	13		suspend a permit or license under this code, the commission or
21	14		administrator shall give the permittee or licensee the opportunity
22	15		to pay a civil penalty rather than have the permit or license
23	16		suspended, unless the basis for the suspension is a violation of
24	17		Section 11.61(b)(14), 22.12, 28.11, 32.17(a)(2), 32.17(a)(3),
25	18		61.71(a)(5), 61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.04,
26	19		101.63, 104.01(a)(4), 106.03, 106.06, or 106.15, the sale or offer
27	20		for sale of an alcoholic beverage during hours prohibited by
28	21		Chapter 105, consumption or the permitting of consumption of an
29	22		alcoholic beverage on the person's licensed or permitted premises
30	23		during hours prohibited by Chapter 105 or Section 32.17(a)(7), or
31	24		an offense relating to prostitution, trafficking of persons, or
32	25		gambling, in which case the commission or administrator shall
33	26		determine whether the permittee or licensee may have the
34	27		opportunity to pay a civil penalty rather than have the permit or
35	28		license suspended. The commission shall adopt rules addressing
36	29		when suspension may be imposed pursuant to this section without the
37	30		opportunity to pay a civil penalty. In adopting rules under this
38	31		subsection, the commission shall consider the type of license or
39	32		permit held, the type of violation, any aggravating or ameliorating
40	33		circumstances concerning the violation, and any past violations of
41	34		this code by the permittee or licensee. In cases in which a civil
42	35		penalty is assessed, the commission or administrator shall
43	36		determine the amount of the penalty. The amount of the civil
44	37		penalty may not be less than $150 or more than $25,000 for each day
45	38		the permit or license was to have been suspended. If the licensee
46	39		or permittee does not pay the penalty before the sixth day after the
47	40		commission or administrator notifies him of the amount, the
48	41		commission or administrator shall impose the suspension.
49	42		SECTION 2. Section 104.01, Alcoholic Beverage Code, is
50	43		amended to read as follows:
51	44		Sec. 104.01. LEWD, IMMORAL, INDECENT CONDUCT. (a) No
52	45		person authorized to sell beer at retail, nor the person's [his]
53	46		agent, servant, or employee, may engage in or permit conduct on the
54	47		premises of the retailer which is lewd, immoral, or offensive to
55	48		public decency, including, but not limited to, any of the following
56	49		acts:
57	50		(1) the use of loud and vociferous or obscene, vulgar,
58	51		or indecent language, or permitting its use;
59	52		(2) the exposure of a person or permitting a person to
60	53		expose himself or herself [his person];
61	54		(3) rudely displaying or permitting a person to rudely
62	55		display a pistol or other deadly weapon in a manner calculated to
63	56		disturb persons in the retail establishment;
64	57		(4) solicitation of any person to buy drinks for
65	58		consumption by the retailer or any of the retailer's [his]
66	59		employees;
67	60		(5) being intoxicated on the licensed premises;
68	61		(6) permitting lewd or vulgar entertainment or acts;
69	62		(7) permitting solicitations of persons for immoral or
70	63		sexual purposes;
71	64		(8) failing or refusing to comply with state or
72	65		municipal health or sanitary laws or ordinances; or
73	66		(9) possession of a narcotic or any equipment used or
74	67		designed for the administering of a narcotic or permitting a person
75	68		on the licensed premises to do so.
76	69		(b) For purposes of Subsection (a)(4), a solicitation is
77	70		presumed if an alcoholic beverage is sold or offered for sale for
78	71		an amount in excess of the retailer's listed, advertised, or
79	72		customary price. The presumption may be rebutted only by evidence
80	73		presented under oath.
81	74		SECTION 3. (a) Section 11.64(a), Alcoholic Beverage Code,
82	75		as amended by this Act, applies only to the imposition of a penalty
83	76		for a violation that occurs on or after the effective date of this
84	77		Act. The imposition of a penalty for a violation that occurs before
85	78		the effective date of this Act is governed by the law in effect
86	79		immediately before the effective date of this Act, and that law is
87	80		continued in effect for that purpose.
88	81		(b) Section 104.01(b), Alcoholic Beverage Code, as added by
89	82		this Act, applies only to the sale or offer for sale of an alcoholic
90	83		beverage on or after the effective date of this Act.
91	84		SECTION 4. This Act takes effect September 1, 2015.
92		-	* * * * *
	85	+	______________________________ ______________________________
	86	+	President of the Senate Speaker of the House
	87	+	I certify that H.B. No. 3982 was passed by the House on May
	88	+	11, 2015, by the following vote: Yeas 129, Nays 4, 3 present, not
	89	+	voting.
	90	+	______________________________
	91	+	Chief Clerk of the House
	92	+	I certify that H.B. No. 3982 was passed by the Senate on May
	93	+	26, 2015, by the following vote: Yeas 30, Nays 1.
	94	+	______________________________
	95	+	Secretary of the Senate
	96	+	APPROVED: _____________________
	97	+	Date
	98	+	_____________________
	99	+	Governor