Texas 2023 - 88th Regular

Texas House Bill HB3240 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12894 SCP-D
2	2	By: Shaheen H.B. No. 3240
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the cancellation or suspension of a permit because the
8	8	permittee facilitated a sexual performance in the presence of
9	9	children.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 11.61(b), Alcoholic Beverage Code, is
12	12	amended to read as follows:
13	13	(b) The commission or administrator may suspend for not more
14	14	than 60 days or cancel an original or renewal permit if it is found,
15	15	after notice and hearing, that any of the following is true:
16	16	(1) the permittee has been finally convicted of a
17	17	violation of this code;
18	18	(2) the permittee violated a provision of this code or
19	19	a rule of the commission;
20	20	(3) the permittee was finally convicted of a felony
21	21	while holding an original or renewal permit;
22	22	(4) the permittee made a false or misleading statement
23	23	in connection with the permittee's original or renewal application,
24	24	either in the formal application itself or in any other written
25	25	instrument relating to the application submitted to the commission,
26	26	its officers, or employees;
27	27	(5) the permittee is indebted to the state for taxes,
28	28	fees, or payment of penalties imposed by this code, by a rule of the
29	29	commission, or by Chapter 183, Tax Code;
30	30	(6) the permittee is not of good moral character or the
31	31	permittee's reputation for being a peaceable and law-abiding
32	32	citizen in the community where the permittee resides is bad;
33	33	(7) the place or manner in which the permittee
34	34	conducts the permittee's business warrants the cancellation or
35	35	suspension of the permit based on the general welfare, health,
36	36	peace, morals, and safety of the people and on the public sense of
37	37	decency;
38	38	(8) the permittee is not maintaining an acceptable
39	39	bond;
40	40	(9) the permittee maintains a noisy, lewd, disorderly,
41	41	or unsanitary establishment or has supplied impure or otherwise
42	42	deleterious beverages;
43	43	(10) the permittee is insolvent or has developed an
44	44	incapacity that prevents or could prevent the permittee from
45	45	carrying on the management of the permittee's establishment with
46	46	reasonable skill, competence, and safety to the public;
47	47	(11) the permittee is in the habit of using alcoholic
48	48	beverages to excess;
49	49	(12) the permittee knowingly misrepresented to a
50	50	customer or the public any liquor sold by the permittee;
51	51	(13) the permittee was intoxicated on the licensed
52	52	premises;
53	53	(14) the permittee sold or delivered an alcoholic
54	54	beverage to an intoxicated person;
55	55	(15) the permittee possessed on the licensed premises
56	56	an alcoholic beverage that the permittee was not authorized under
57	57	the permit to purchase and sell;
58	58	(16) a package store or wine only package store
59	59	permittee transported or shipped liquor, or caused it to be
60	60	transported or shipped, into a dry state or a dry area within this
61	61	state;
62	62	(17) the permittee is residentially domiciled with a
63	63	person who has a financial interest in an establishment engaged in
64	64	the business of selling malt beverages at retail, other than a mixed
65	65	beverage establishment, except as authorized by Section 22.06,
66	66	24.05, or 102.05;
67	67	(18) the permittee is residentially domiciled with a
68	68	person whose permit or license was cancelled for cause within the
69	69	12-month period preceding the permittee's own application;
70	70	(19) the permittee is not a citizen of the United
71	71	States or has not been a citizen of Texas for a period of one year
72	72	immediately preceding the filing of the permittee's application,
73	73	unless the permittee was issued an original or renewal permit on or
74	74	before September 1, 1948, and has been a United States citizen at
75	75	some time;
76	76	(20) the permittee permitted a person to open a
77	77	container of alcoholic beverage or possess an open container of
78	78	alcoholic beverage on the licensed premises unless a mixed beverage
79	79	permit has been issued for the premises;
80	80	(21) the permittee failed to promptly report to the
81	81	commission a breach of the peace occurring on the permittee's
82	82	licensed premises;
83	83	(22) the permittee consumed an alcoholic beverage or
84	84	permitted one to be consumed on the licensed premises at a time when
85	85	the consumption of alcoholic beverages is prohibited by this code;
86	86	[or]
87	87	(23) the permittee sold, served, or delivered an
88	88	alcoholic beverage at a time when its sale is prohibited; or
89	89	(24) the permittee facilitated a performance in which
90	90	a performer, in the presence of an individual under the age of 18:
91	91	(A) danced in a lewd manner that:
92	92	(i) depicted the exhibition of the genitals
93	93	or pubic area of an unclothed, partially clothed, or clothed
94	94	individual with the intent of appealing to the prurient interest in
95	95	sex; and
96	96	(ii) had no serious literary, artistic,
97	97	political, or scientific value; or
98	98	(B) exhibited sexual gesticulations using
99	99	accessories or prosthetics that exaggerate male or female primary
100	100	or secondary sexual characteristics.
101	101	SECTION 2. This Act takes effect September 1, 2023.