| 1 | 1 | | 85R5486 MCK-D |
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| 2 | 2 | | By: Hinojosa S.B. No. 1391 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to penalties imposed on a holder of an alcoholic beverage |
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| 8 | 8 | | license or permit on the basis of a criminal prosecution. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 11.641(c), Alcoholic Beverage Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (c) A civil penalty[, including cancellation of a permit,] |
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| 13 | 13 | | may not be imposed on the holder of a permit or license on the basis |
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| 14 | 14 | | of a criminal prosecution in which the defendant was found not |
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| 15 | 15 | | guilty, the criminal charges were dismissed, or there has not been |
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| 16 | 16 | | final adjudication except for allegations of an offense that |
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| 17 | 17 | | affects the public safety, including: |
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| 18 | 18 | | (1) a breach of the peace; |
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| 19 | 19 | | (2) an offense relating to the trafficking of persons; |
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| 20 | 20 | | (3) an offense relating to the hours of sale or |
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| 21 | 21 | | consumption of alcohol; |
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| 22 | 22 | | (4) a drug-related offense; |
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| 23 | 23 | | (5) an offense relating to the sale, service, or |
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| 24 | 24 | | delivery of an alcoholic beverage to an intoxicated person; |
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| 25 | 25 | | (6) an offense relating to the permit holder or an |
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| 26 | 26 | | employee of the permit holder being intoxicated on the permitted |
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| 27 | 27 | | premises; or |
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| 28 | 28 | | (7) an offense relating to the sale, service, or |
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| 29 | 29 | | delivery of an alcoholic beverage to a minor or the employment of a |
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| 30 | 30 | | minor. |
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| 31 | 31 | | SECTION 2. Section 11.641(c), Alcoholic Beverage Code, as |
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| 32 | 32 | | amended by this Act, applies only to the imposition of a penalty for |
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| 33 | 33 | | a violation that occurs on or after the effective date of this Act. |
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| 34 | 34 | | The imposition of a penalty for a violation that occurs before the |
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| 35 | 35 | | effective date of this Act is governed by the law in effect |
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| 36 | 36 | | immediately before the effective date of this Act, and that law is |
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| 37 | 37 | | continued in effect for that purpose. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2017. |
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