Bill Text: TX SB341 | 2017-2018 | 85th Legislature | Enrolled

Texas Senate Bill 341 (Prior Session Legislation)

Bill Title: Relating to the consequences of the possession of illegal synthetic cannabinoids on a holder of or applicant for certain alcoholic beverage licenses and liability of a person who provides, sells, or serves a synthetic cannabinoid to another person.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB341 Detail]

Download: Texas-2017-SB341-Enrolled.html



	S.B. No. 341




	AN ACT
	relating to the consequences of the possession of illegal synthetic
	cannabinoids on a holder of or applicant for certain alcoholic
	beverage licenses and liability of a person who provides, sells, or
	serves a synthetic cannabinoid to another person.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 69.06, Alcoholic Beverage Code, is
	amended by amending Subsection (a) and adding Subsection (e) to
	read as follows:
	(a) The county judge shall deny an original application for
	a retail dealer's on-premise license if the county judge [he] finds
	that the applicant or the applicant's spouse, during the five years
	immediately preceding the application, was finally convicted of a
	felony or one of the following offenses:
	(1) prostitution;
	(2) a vagrancy offense involving moral turpitude;
	(3) bookmaking;
	(4) gambling or gaming;
	(5) an offense involving controlled substances as
	defined in the Texas Controlled Substances Act, including an
	offense involving a synthetic cannabinoid, or an offense involving
	[or] other dangerous drugs;
	(6) a violation of this code resulting in the
	cancellation of a license or permit, or a fine of not less than
	$500;
	(7) more than three violations of this code relating
	to minors;
	(8) bootlegging; or
	(9) an offense involving firearms or a deadly weapon.
	(e) In this section, "synthetic cannabinoid" means a
	substance included in Penalty Group 2-A under Section 481.1031,
	Health and Safety Code.
	SECTION 2. Section 104.01, Alcoholic Beverage Code, is
	amended by amending Subsection (a) and adding Subsection (c) to
	read as follows:
	(a) No person authorized to sell beer at retail, nor the
	person's 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;
	(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 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 synthetic cannabinoid
	or any equipment used or designed for the administering of a
	narcotic or a synthetic cannabinoid or permitting a person on the
	licensed premises to do so.
	(c) In this section, "synthetic cannabinoid" means a
	substance included in Penalty Group 2-A under Section 481.1031,
	Health and Safety Code.
	SECTION 3. Subchapter D, Chapter 481, Health and Safety
	Code, is amended by adding Section 481.1131 to read as follows:
	Sec. 481.1131. CAUSE OF ACTION FOR SALE OR PROVISION OF
	SYNTHETIC CANNABINOID. (a) In this section, "synthetic
	cannabinoid" means a substance included in Penalty Group 2-A under
	Section 481.1031.
	(b) This section does not affect the right of a person to
	bring a common law cause of action against an individual whose
	consumption or ingestion of a synthetic cannabinoid resulted in
	causing the person bringing the suit to suffer personal injury or
	property damage.
	(c) Providing, selling, or serving a synthetic cannabinoid
	may be made the basis of a statutory cause of action under this
	section on proof that the intoxication of the recipient of the
	synthetic cannabinoid was a proximate cause of the damages
	suffered.
	(d) The liability provided under this section for the
	actions of a retail establishment's employees, customers, members,
	or guests who are or become intoxicated by the consumption or
	ingestion of a synthetic cannabinoid is in lieu of common law or
	other statutory law warranties and duties of retail establishments.
	(e) This chapter does not impose obligations on a retail
	establishment other than those expressly stated in this section.
	SECTION 4. This Act applies only to a cause of action that
	accrues on or after the effective date of this Act. A cause of
	action that accrued before the effective date of this Act is
	governed by the law applicable to the cause of action immediately
	before the effective date of this Act, and that law is continued in
	effect for that purpose.
	SECTION 5. This Act takes effect September 1, 2017.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 341 passed the Senate on
	April 19, 2017, by the following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 341 passed the House on
	May 24, 2017, by the following vote: Yeas 143, Nays 3, two
	present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor