85R5486 MCK-D
By: Hinojosa S.B. No. 1391
A BILL TO BE ENTITLED
AN ACT
relating to penalties imposed on a holder of an alcoholic beverage
license or permit on the basis of a criminal prosecution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.641(c), Alcoholic Beverage Code, is
amended to read as follows:
(c) A civil penalty[, including cancellation of a permit,]
may not be imposed on the holder of a permit or license on the basis
of a criminal prosecution in which the defendant was found not
guilty, the criminal charges were dismissed, or there has not been
final adjudication except for allegations of an offense that
affects the public safety, including:
(1) a breach of the peace;
(2) an offense relating to the trafficking of persons;
(3) an offense relating to the hours of sale or
consumption of alcohol;
(4) a drug-related offense;
(5) an offense relating to the sale, service, or
delivery of an alcoholic beverage to an intoxicated person;
(6) an offense relating to the permit holder or an
employee of the permit holder being intoxicated on the permitted
premises; or
(7) an offense relating to the sale, service, or
delivery of an alcoholic beverage to a minor or the employment of a
minor.
SECTION 2. Section 11.641(c), 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.
SECTION 3. This Act takes effect September 1, 2017.