H.B. No. 3982
 
 
 
 
AN ACT
  relating to solicitation of a person to buy drinks for consumption
  by an alcoholic beverage retailer or the retailer's employee;
  authorizing a civil penalty; amending a provision that is subject
  to a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.64(a), Alcoholic Beverage Code, is
  amended to read as follows:
         (a)  When the commission or administrator is authorized to
  suspend a permit or license under this code, the commission or
  administrator shall give the permittee or licensee the opportunity
  to pay a civil penalty rather than have the permit or license
  suspended, unless the basis for the suspension is a violation of
  Section 11.61(b)(14), 22.12, 28.11, 32.17(a)(2), 32.17(a)(3),
  61.71(a)(5), 61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.04,
  101.63, 104.01(a)(4), 106.03, 106.06, or 106.15, the sale or offer
  for sale of an alcoholic beverage during hours prohibited by
  Chapter 105, consumption or the permitting of consumption of an
  alcoholic beverage on the person's licensed or permitted premises
  during hours prohibited by Chapter 105 or Section 32.17(a)(7), or
  an offense relating to prostitution, trafficking of persons, or
  gambling, in which case the commission or administrator shall
  determine whether the permittee or licensee may have the
  opportunity to pay a civil penalty rather than have the permit or
  license suspended.  The commission shall adopt rules addressing
  when suspension may be imposed pursuant to this section without the
  opportunity to pay a civil penalty.  In adopting rules under this
  subsection, the commission shall consider the type of license or
  permit held, the type of violation, any aggravating or ameliorating
  circumstances concerning the violation, and any past violations of
  this code by the permittee or licensee.  In cases in which a civil
  penalty is assessed, the commission or administrator shall
  determine the amount of the penalty.  The amount of the civil
  penalty may not be less than $150 or more than $25,000 for each day
  the permit or license was to have been suspended.  If the licensee
  or permittee does not pay the penalty before the sixth day after the
  commission or administrator notifies him of the amount, the
  commission or administrator shall impose the suspension.
         SECTION 2.  Section 104.01, Alcoholic Beverage Code, is
  amended to read as follows:
         Sec. 104.01.  LEWD, IMMORAL, INDECENT CONDUCT. (a) No
  person authorized to sell beer at retail, nor the person's [his]
  agent, servant, or employee, may engage in or permit conduct on the
  premises of the retailer which is lewd, immoral, or offensive to
  public decency, including, but not limited to, any of the following
  acts:
               (1)  the use of loud and vociferous or obscene, vulgar,
  or indecent language, or permitting its use;
               (2)  the exposure of a person or permitting a person to
  expose himself or herself [his person];
               (3)  rudely displaying or permitting a person to rudely
  display a pistol or other deadly weapon in a manner calculated to
  disturb persons in the retail establishment;
               (4)  solicitation of any person to buy drinks for
  consumption by the retailer or any of the retailer's [his]
  employees;
               (5)  being intoxicated on the licensed premises;
               (6)  permitting lewd or vulgar entertainment or acts;
               (7)  permitting solicitations of persons for immoral or
  sexual purposes;
               (8)  failing or refusing to comply with state or
  municipal health or sanitary laws or ordinances; or
               (9)  possession of a narcotic or any equipment used or
  designed for the administering of a narcotic or permitting a person
  on the licensed premises to do so.
         (b)  For purposes of Subsection (a)(4), a solicitation is
  presumed if an alcoholic beverage is sold or offered for sale for
  an amount in excess of the retailer's listed, advertised, or
  customary price. The presumption may be rebutted only by evidence
  presented under oath.
         SECTION 3.  (a)  Section 11.64(a), Alcoholic Beverage Code,
  as amended by this Act, applies only to the imposition of a penalty
  for a violation that occurs on or after the effective date of this
  Act. The imposition of a penalty for a violation that occurs before
  the effective date of this Act is governed by the law in effect
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         (b)  Section 104.01(b), Alcoholic Beverage Code, as added by
  this Act, applies only to the sale or offer for sale of an alcoholic
  beverage on or after the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3982 was passed by the House on May
  11, 2015, by the following vote:  Yeas 129, Nays 4, 3 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3982 was passed by the Senate on May
  26, 2015, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor