H.B. No. 2451

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