Texas 2019 - 86th Regular

Texas Senate Bill SB623 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7964 BEE-D
2	2	By: Birdwell S.B. No. 623
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Alcoholic
8	8	Beverage Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 5.01(b), Alcoholic Beverage Code, is
11	11	amended to read as follows:
12	12	(b) The Texas Alcoholic Beverage Commission is subject to
13	13	Chapter 325, Government Code (Texas Sunset Act). Unless continued
14	14	in existence as provided by that chapter, the commission is
15	15	abolished and Subchapter A, Chapter 5, expires September 1, 2031
16	16	[2019].
17	17	SECTION 2. Section 5.022, Alcoholic Beverage Code, is
18	18	amended by amending Subsection (b) and adding Subsection (d) to
19	19	read as follows:
20	20	(b) The training program must provide the person with
21	21	information regarding:
22	22	(1) the law governing [legislation that created the]
23	23	commission operations;
24	24	(2) [and] the [commission's] programs, functions,
25	25	rules, and budget of the commission;
26	26	(3) the scope of and limitations on the rulemaking
27	27	authority of the commission;
28	28	(4) [(2)] the results of the most recent formal audit
29	29	of the commission;
30	30	(5) [(3)] the requirements of:
31	31	(A) laws relating to open meetings, public
32	32	information, administrative procedure, and disclosing conflicts of
33	33	interest; and
34	34	(B) other laws applicable to members of a state
35	35	policymaking body in performing their duties; and
36	36	(6) [(4)] any applicable ethics policies adopted by
37	37	the commission or the Texas Ethics Commission.
38	38	(d) The executive director of the commission shall create a
39	39	training manual that includes the information required by
40	40	Subsection (b). The executive director shall distribute a copy of
41	41	the training manual annually to each member of the commission. Each
42	42	member of the commission shall sign and submit to the executive
43	43	director a statement acknowledging that the member received and has
44	44	reviewed the training manual.
45	45	SECTION 3. Section 11.46(a), Alcoholic Beverage Code, is
46	46	amended to read as follows:
47	47	(a) The commission or administrator may refuse to issue an
48	48	original or renewal permit with or without a hearing if it has
49	49	reasonable grounds to believe and finds that any of the following
50	50	circumstances exists:
51	51	(1) the applicant has been convicted in a court of
52	52	competent jurisdiction of the violation of any provision of this
53	53	code during the two years immediately preceding the filing of his
54	54	application;
55	55	(2) five years have not elapsed since the termination,
56	56	by pardon or otherwise, of a sentence imposed on the applicant for
57	57	the conviction of a felony;
58	58	(3) within the six-month period immediately preceding
59	59	his application the applicant violated or caused to be violated a
60	60	provision of this code or a rule or regulation of the commission
61	61	which involves moral turpitude, as distinguished from a technical
62	62	violation of this code or of the rule;
63	63	(4) the applicant failed to answer or falsely or
64	64	incorrectly answered a question in an original or renewal
65	65	application;
66	66	(5) the applicant is indebted to the state for any
67	67	taxes, fees, or payment of penalty imposed by this code or by rule
68	68	of the commission;
69	69	(6) the applicant is not of good moral character or his
70	70	reputation for being a peaceable, law-abiding citizen in the
71	71	community where he resides is bad;
72	72	(7) the applicant is a minor;
73	73	(8) the place or manner in which the applicant may
74	74	conduct his business warrants the refusal of a permit based on the
75	75	general welfare, health, peace, morals, and safety of the people
76	76	and on the public sense of decency;
77	77	(9) the applicant has developed an incapacity that
78	78	prevents or could prevent the applicant from conducting the
79	79	applicant's business with reasonable skill, competence, and safety
80	80	to the public [is in the habit of using alcoholic beverages to
81	81	excess or is physically or mentally incapacitated];
82	82	(10) the applicant will sell liquor unlawfully in a
83	83	dry area or in a manner contrary to law or will knowingly permit an
84	84	agent, servant, or employee to do so;
85	85	(11) the applicant is not a United States citizen or
86	86	has not been a citizen of Texas for a period of one year immediately
87	87	preceding the filing of his application, unless he was issued a
88	88	permit or renewal permit on or before September 1, 1948, and has at
89	89	some time been a United States citizen;
90	90	(12) the applicant does not provide an adequate
91	91	building available at the address for which the permit is sought
92	92	before conducting any activity authorized by the permit;
93	93	(13) the applicant is residentially domiciled with a
94	94	person whose permit or license has been cancelled for cause within
95	95	the 12 months immediately preceding the date of his present
96	96	application;
97	97	(14) the applicant has failed or refused to furnish a
98	98	true copy of his application to the commission's district office in
99	99	the district in which the premises for which the permit is sought
100	100	are located; or
101	101	(15) during the six months immediately preceding the
102	102	filing of the application the premises for which the permit is
103	103	sought have been operated, used, or frequented for a purpose or in a
104	104	manner that is lewd, immoral, or offensive to public decency.
105	105	SECTION 4. Section 61.71(a), Alcoholic Beverage Code, is
106	106	amended to read as follows:
107	107	(a) The commission or administrator may suspend for not more
108	108	than 60 days or cancel an original or renewal retail dealer's on- or
109	109	off-premise license if it is found, after notice and hearing, that
110	110	the licensee:
111	111	(1) violated a provision of this code or a rule of the
112	112	commission during the existence of the license sought to be
113	113	cancelled or suspended or during the immediately preceding license
114	114	period;
115	115	(2) was finally convicted for violating a penal
116	116	provision of this code;
117	117	(3) was finally convicted of a felony while holding an
118	118	original or renewal license;
119	119	(4) made a false statement or a misrepresentation in
120	120	the licensee's original application or a renewal application;
121	121	(5) with criminal negligence sold, served, or
122	122	delivered an alcoholic beverage to a minor;
123	123	(6) sold, served, or delivered an alcoholic beverage
124	124	to an intoxicated person;
125	125	(7) sold, served, or delivered an alcoholic beverage
126	126	at a time when its sale is prohibited;
127	127	(8) entered or offered to enter an agreement,
128	128	condition, or system which would constitute the sale or possession
129	129	of alcoholic beverages on consignment;
130	130	(9) possessed on the licensed premises, or on adjacent
131	131	premises directly or indirectly under the licensee's control, an
132	132	alcoholic beverage not authorized to be sold on the licensed
133	133	premises, or permitted an agent, servant, or employee to do so,
134	134	except as permitted by Section 22.06, 24.05, or 102.05;
135	135	(10) permitted a person on the licensed premises to
136	136	engage in conduct which is lewd, immoral, or offensive to public
137	137	decency;
138	138	(11) employed a person under 18 years of age to sell,
139	139	handle, or dispense beer, or to assist in doing so, in an
140	140	establishment where beer is sold for on-premises consumption;
141	141	(12) conspired with a person to violate Section
142	142	101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or
143	143	108.04-108.06, or a rule promulgated under Section 5.40, or
144	144	accepted a benefit from an act prohibited by any of these sections
145	145	or rules;
146	146	(13) refused to permit or interfered with an
147	147	inspection of the licensed premises by an authorized representative
148	148	of the commission or a peace officer;
149	149	(14) permitted the use or display of the licensee's
150	150	license in the conduct of a business for the benefit of a person not
151	151	authorized by law to have an interest in the license;
152	152	(15) maintained blinds or barriers at the licensee's
153	153	place of business in violation of this code;
154	154	(16) conducted the licensee's business in a place or
155	155	manner which warrants the cancellation or suspension of the license
156	156	based on the general welfare, health, peace, morals, safety, and
157	157	sense of decency of the people;
158	158	(17) consumed an alcoholic beverage or permitted one
159	159	to be consumed on the licensed premises at a time when the
160	160	consumption of alcoholic beverages is prohibited by this code;
161	161	(18) purchased beer for the purpose of resale from a
162	162	person other than the holder of a manufacturer's or distributor's
163	163	license;
164	164	(19) acquired an alcoholic beverage for the purpose of
165	165	resale from another retail dealer of alcoholic beverages;
166	166	(20) owned an interest of any kind in the business or
167	167	premises of the holder of a distributor's license;
168	168	(21) purchased, sold, offered for sale, distributed,
169	169	or delivered an alcoholic beverage, or consumed an alcoholic
170	170	beverage or permitted one to be consumed on the licensed premises
171	171	while the licensee's license was under suspension;
172	172	(22) purchased, possessed, stored, sold, or offered
173	173	for sale beer in or from an original package bearing a brand or
174	174	trade name of a manufacturer other than the brand or trade name
175	175	shown on the container;
176	176	(23) has developed an incapacity that prevents or
177	177	could prevent the license holder from managing the license holder's
178	178	establishment with reasonable skill, competence, and safety to the
179	179	public [habitually uses alcoholic beverages to excess, is mentally
180	180	incompetent, or is physically unable to manage the licensee's
181	181	establishment];
182	182	(24) imported beer into this state except as
183	183	authorized by Section 107.07;
184	184	(25) occupied premises in which the holder of a
185	185	manufacturer's or distributor's license had an interest of any
186	186	kind;
187	187	(26) knowingly permitted a person who had an interest
188	188	in a permit or license which was cancelled for cause to sell,
189	189	handle, or assist in selling or handling alcoholic beverages on the
190	190	licensed premises within one year after the cancellation;
191	191	(27) was financially interested in a place of business
192	192	engaged in the selling of distilled spirits or permitted a person
193	193	having an interest in that type of business to have a financial
194	194	interest in the business authorized by the licensee's license,
195	195	except as permitted by Section 22.06, 24.05, or 102.05;
196	196	(28) is residentially domiciled with or related to a
197	197	person engaged in selling distilled spirits, except as permitted by
198	198	Section 22.06, 24.05, or 102.05, so that there is a community of
199	199	interests which the commission or administrator finds contrary to
200	200	the purposes of this code;
201	201	(29) is residentially domiciled with or related to a
202	202	person whose license has been cancelled within the preceding 12
203	203	months so that there is a community of interests which the
204	204	commission or administrator finds contrary to the purposes of this
205	205	code; or
206	206	(30) failed to promptly report to the commission a
207	207	breach of the peace occurring on the licensee's licensed premises.
208	208	SECTION 5. Section 61.74(a), Alcoholic Beverage Code, is
209	209	amended to read as follows:
210	210	(a) The commission or administrator may suspend for not more
211	211	than 60 days or cancel an original or renewal general, local, or
212	212	branch distributor's license if it is found, after notice and
213	213	hearing, that the licensee:
214	214	(1) violated a provision of this code or a rule of the
215	215	commission during the existence of the license sought to be
216	216	cancelled or suspended or during the immediately preceding license
217	217	period;
218	218	(2) was finally convicted for violating a penal
219	219	provision of this code;
220	220	(3) was finally convicted of a felony while holding an
221	221	original or renewal license;
222	222	(4) violated Section 101.41-101.43, 101.68,
223	223	102.11-102.15, 104.04, 108.01, or 108.04-108.06 [of this code], or
224	224	a rule or regulation promulgated under Section 5.40 [of this code];
225	225	(5) failed to comply with a requirement of the
226	226	commission relating to the keeping of records or making of reports;
227	227	(6) failed to pay any tax due the state on any beer he
228	228	sold, stored, or transported;
229	229	(7) refused to permit or interfered with an inspection
230	230	of his licensed premises, vehicles, books, or records by an
231	231	authorized representative of the commission;
232	232	(8) consummated a sale of beer outside the county or
233	233	counties in which he was authorized to sell beer by his license;
234	234	(9) purchased, sold, offered for sale, distributed, or
235	235	delivered beer while his license was under suspension;
236	236	(10) permitted the use of his license in the operation
237	237	of a business conducted for the benefit of a person not authorized
238	238	by law to have an interest in the business;
239	239	(11) made a false or misleading representation or
240	240	statement in his original application or a renewal application;
241	241	(12) has developed an incapacity that prevents or
242	242	could prevent the license holder from managing the license holder's
243	243	establishment with reasonable skill, competence, and safety to the
244	244	public [habitually uses alcoholic beverages to excess, is mentally
245	245	incompetent, or is physically unable to manage his establishment];
246	246	(13) misrepresented any beer sold by him to a retailer
247	247	or to the public;
248	248	(14) with criminal negligence sold or delivered beer
249	249	to a minor; or
250	250	(15) purchased, possessed, stored, sold, or offered
251	251	for sale beer in an original package bearing a brand or trade name
252	252	of a manufacturer other than the brand or trade name of the
253	253	manufacturer shown on the container.
254	254	SECTION 6. Section 5.61, Alcoholic Beverage Code, is
255	255	repealed.
256	256	SECTION 7. (a) Except as provided by Subsection (b) of this
257	257	section, Section 5.022, Alcoholic Beverage Code, as amended by this
258	258	Act, applies to a member of the Texas Alcoholic Beverage Commission
259	259	appointed before, on, or after the effective date of this Act.
260	260	(b) A member of the Texas Alcoholic Beverage Commission who,
261	261	before the effective date of this Act, completed the training
262	262	program required by Section 5.022, Alcoholic Beverage Code, as that
263	263	law existed before the effective date of this Act, is required to
264	264	complete additional training only on subjects added by this Act to
265	265	the training program as required by Section 5.022, Alcoholic
266	266	Beverage Code, as amended by this Act. A commission member
267	267	described by this subsection may not vote, deliberate, or be
268	268	counted as a member in attendance at a meeting of the commission
269	269	held on or after December 1, 2019, until the member completes the
270	270	additional training.
271	271	SECTION 8. This Act takes effect September 1, 2019.