Texas 2017 - 85th Regular

Texas Senate Bill SB341 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Perry, et al. S.B. No. 341
2		-	(Goldman)
	1	+	S.B. No. 341
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the consequences of the possession of illegal synthetic
8	6		cannabinoids on a holder of or applicant for certain alcoholic
9	7		beverage licenses and liability of a person who provides, sells, or
10	8		serves a synthetic cannabinoid to another person.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 69.06, Alcoholic Beverage Code, is
13	11		amended by amending Subsection (a) and adding Subsection (e) to
14	12		read as follows:
15	13		(a) The county judge shall deny an original application for
16	14		a retail dealer's on-premise license if the county judge [he] finds
17	15		that the applicant or the applicant's spouse, during the five years
18	16		immediately preceding the application, was finally convicted of a
19	17		felony or one of the following offenses:
20	18		(1) prostitution;
21	19		(2) a vagrancy offense involving moral turpitude;
22	20		(3) bookmaking;
23	21		(4) gambling or gaming;
24	22		(5) an offense involving controlled substances as
25	23		defined in the Texas Controlled Substances Act, including an
26	24		offense involving a synthetic cannabinoid, or an offense involving
27	25		[or] other dangerous drugs;
28	26		(6) a violation of this code resulting in the
29	27		cancellation of a license or permit, or a fine of not less than
30	28		$500;
31	29		(7) more than three violations of this code relating
32	30		to minors;
33	31		(8) bootlegging; or
34	32		(9) an offense involving firearms or a deadly weapon.
35	33		(e) In this section, "synthetic cannabinoid" means a
36	34		substance included in Penalty Group 2-A under Section 481.1031,
37	35		Health and Safety Code.
38	36		SECTION 2. Section 104.01, Alcoholic Beverage Code, is
39	37		amended by amending Subsection (a) and adding Subsection (c) to
40	38		read as follows:
41	39		(a) No person authorized to sell beer at retail, nor the
42	40		person's agent, servant, or employee, may engage in or permit
43	41		conduct on the premises of the retailer which is lewd, immoral, or
44	42		offensive to public decency, including, but not limited to, any of
45	43		the following acts:
46	44		(1) the use of loud and vociferous or obscene, vulgar,
47	45		or indecent language, or permitting its use;
48	46		(2) the exposure of a person or permitting a person to
49	47		expose himself or herself;
50	48		(3) rudely displaying or permitting a person to rudely
51	49		display a pistol or other deadly weapon in a manner calculated to
52	50		disturb persons in the retail establishment;
53	51		(4) solicitation of any person to buy drinks for
54	52		consumption by the retailer or any of the retailer's employees;
55	53		(5) being intoxicated on the licensed premises;
56	54		(6) permitting lewd or vulgar entertainment or acts;
57	55		(7) permitting solicitations of persons for immoral or
58	56		sexual purposes;
59	57		(8) failing or refusing to comply with state or
60	58		municipal health or sanitary laws or ordinances; or
61	59		(9) possession of a narcotic or synthetic cannabinoid
62	60		or any equipment used or designed for the administering of a
63	61		narcotic or a synthetic cannabinoid or permitting a person on the
64	62		licensed premises to do so.
65	63		(c) In this section, "synthetic cannabinoid" means a
66	64		substance included in Penalty Group 2-A under Section 481.1031,
67	65		Health and Safety Code.
68	66		SECTION 3. Subchapter D, Chapter 481, Health and Safety
69	67		Code, is amended by adding Section 481.1131 to read as follows:
70	68		Sec. 481.1131. CAUSE OF ACTION FOR SALE OR PROVISION OF
71	69		SYNTHETIC CANNABINOID. (a) In this section, "synthetic
72	70		cannabinoid" means a substance included in Penalty Group 2-A under
73	71		Section 481.1031.
74	72		(b) This section does not affect the right of a person to
75	73		bring a common law cause of action against an individual whose
76	74		consumption or ingestion of a synthetic cannabinoid resulted in
77	75		causing the person bringing the suit to suffer personal injury or
78	76		property damage.
79	77		(c) Providing, selling, or serving a synthetic cannabinoid
80	78		may be made the basis of a statutory cause of action under this
81	79		section on proof that the intoxication of the recipient of the
82	80		synthetic cannabinoid was a proximate cause of the damages
83	81		suffered.
84	82		(d) The liability provided under this section for the
85	83		actions of a retail establishment's employees, customers, members,
86	84		or guests who are or become intoxicated by the consumption or
87	85		ingestion of a synthetic cannabinoid is in lieu of common law or
88	86		other statutory law warranties and duties of retail establishments.
89	87		(e) This chapter does not impose obligations on a retail
90	88		establishment other than those expressly stated in this section.
91	89		SECTION 4. This Act applies only to a cause of action that
92	90		accrues on or after the effective date of this Act. A cause of
93	91		action that accrued before the effective date of this Act is
94	92		governed by the law applicable to the cause of action immediately
95	93		before the effective date of this Act, and that law is continued in
96	94		effect for that purpose.
97	95		SECTION 5. This Act takes effect September 1, 2017.
	96	+	______________________________ ______________________________
	97	+	President of the Senate Speaker of the House
	98	+	I hereby certify that S.B. No. 341 passed the Senate on
	99	+	April 19, 2017, by the following vote: Yeas 31, Nays 0.
	100	+	______________________________
	101	+	Secretary of the Senate
	102	+	I hereby certify that S.B. No. 341 passed the House on
	103	+	May 24, 2017, by the following vote: Yeas 143, Nays 3, two
	104	+	present not voting.
	105	+	______________________________
	106	+	Chief Clerk of the House
	107	+	Approved:
	108	+	______________________________
	109	+	Date
	110	+	______________________________
	111	+	Governor