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H.B. No. 2451
AN ACT
relating to the sale, service, and delivery of alcoholic beverages;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.61(b), Alcoholic Beverage Code, is
amended to read as follows:
(b) The commission or administrator may suspend for not more
than 60 days or cancel an original or renewal permit if it is found,
after notice and hearing, that any of the following is true:
(1) the permittee has been finally convicted of a
violation of this code;
(2) the permittee violated a provision of this code or
a rule of the commission;
(3) the permittee was finally convicted of a felony
while holding an original or renewal permit;
(4) the permittee made a false or misleading statement
in connection with his original or renewal application, either in
the formal application itself or in any other written instrument
relating to the application submitted to the commission, its
officers, or employees;
(5) the permittee is indebted to the state for taxes,
fees, or payment of penalties imposed by this code, by a rule of the
commission, or by Chapter 183, Tax Code;
(6) the permittee is not of good moral character or his
reputation for being a peaceable and law-abiding citizen in the
community where he resides is bad;
(7) the place or manner in which the permittee
conducts his business warrants the cancellation or suspension of
the permit based on the general welfare, health, peace, morals, and
safety of the people and on the public sense of decency;
(8) the permittee is not maintaining an acceptable
bond;
(9) the permittee maintains a noisy, lewd, disorderly,
or unsanitary establishment or has supplied impure or otherwise
deleterious beverages;
(10) the permittee is insolvent or mentally or
physically unable to carry on the management of his establishment;
(11) the permittee is in the habit of using alcoholic
beverages to excess;
(12) the permittee knowingly misrepresented to a
customer or the public any liquor sold by him;
(13) the permittee was intoxicated on the licensed
premises;
(14) the permittee sold or delivered an alcoholic
beverage to an intoxicated person;
(15) the permittee possessed on the licensed premises
an alcoholic beverage that he was not authorized by his permit to
purchase and sell;
(16) a package store or wine only package store
permittee transported or shipped liquor, or caused it to be
transported or shipped, into a dry state or a dry area within this
state;
(17) the permittee is residentially domiciled with a
person who has a financial interest in an establishment engaged in
the business of selling beer at retail, other than a mixed beverage
establishment, except as authorized by Section 22.06, 24.05, or
102.05 of this code;
(18) the permittee is residentially domiciled with a
person whose permit or license was cancelled for cause within the
12-month period preceding his own application;
(19) the permittee is not a citizen of the United
States or has not been a citizen of Texas for a period of one year
immediately preceding the filing of his application, unless he was
issued an original or renewal permit on or before September 1, 1948,
and has been a United States citizen at some time;
(20) the permittee permitted a person to open a
container of alcoholic beverage or possess an open container of
alcoholic beverage on the licensed premises unless a mixed beverage
permit has been issued for the premises; [or]
(21) the permittee failed to promptly report to the
commission a breach of the peace occurring on the permittee's
licensed premises;
(22) the permittee consumed an alcoholic beverage or
permitted one to be consumed on the licensed premises at a time when
the consumption of alcoholic beverages is prohibited by this code;
or
(23) the permittee sold, served, or delivered an
alcoholic beverage at a time when its sale is prohibited.
SECTION 2. Section 105.06(e), Alcoholic Beverage Code, is
amended to read as follows:
(e) An offense under this section is a Class C misdemeanor
[punishable by a fine of not more than $50].
SECTION 3. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2451 was passed by the House on May 9,
2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2451 was passed by the Senate on May
21, 2005, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor