Bill Text: TX SB623 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the continuation and functions of the Texas Alcoholic Beverage Commission.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-01 - Referred to Business & Commerce [SB623 Detail]
Download: Texas-2019-SB623-Introduced.html
86R7964 BEE-D | ||
By: Birdwell | S.B. No. 623 |
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relating to the continuation and functions of the Texas Alcoholic | ||
Beverage Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 5.01(b), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(b) The Texas Alcoholic Beverage Commission is subject to | ||
Chapter 325, Government Code (Texas Sunset Act). Unless continued | ||
in existence as provided by that chapter, the commission is | ||
abolished and Subchapter A, Chapter 5, expires September 1, 2031 | ||
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SECTION 2. Section 5.022, Alcoholic Beverage Code, is | ||
amended by amending Subsection (b) and adding Subsection (d) to | ||
read as follows: | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the law governing [ |
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commission operations; | ||
(2) [ |
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rules, and budget of the commission; | ||
(3) the scope of and limitations on the rulemaking | ||
authority of the commission; | ||
(4) [ |
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of the commission; | ||
(5) [ |
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(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosing conflicts of | ||
interest; and | ||
(B) other laws applicable to members of a state | ||
policymaking body in performing their duties; and | ||
(6) [ |
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the commission or the Texas Ethics Commission. | ||
(d) The executive director of the commission shall create a | ||
training manual that includes the information required by | ||
Subsection (b). The executive director shall distribute a copy of | ||
the training manual annually to each member of the commission. Each | ||
member of the commission shall sign and submit to the executive | ||
director a statement acknowledging that the member received and has | ||
reviewed the training manual. | ||
SECTION 3. Section 11.46(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) The commission or administrator may refuse to issue an | ||
original or renewal permit with or without a hearing if it has | ||
reasonable grounds to believe and finds that any of the following | ||
circumstances exists: | ||
(1) the applicant has been convicted in a court of | ||
competent jurisdiction of the violation of any provision of this | ||
code during the two years immediately preceding the filing of his | ||
application; | ||
(2) five years have not elapsed since the termination, | ||
by pardon or otherwise, of a sentence imposed on the applicant for | ||
the conviction of a felony; | ||
(3) within the six-month period immediately preceding | ||
his application the applicant violated or caused to be violated a | ||
provision of this code or a rule or regulation of the commission | ||
which involves moral turpitude, as distinguished from a technical | ||
violation of this code or of the rule; | ||
(4) the applicant failed to answer or falsely or | ||
incorrectly answered a question in an original or renewal | ||
application; | ||
(5) the applicant is indebted to the state for any | ||
taxes, fees, or payment of penalty imposed by this code or by rule | ||
of the commission; | ||
(6) the applicant is not of good moral character or his | ||
reputation for being a peaceable, law-abiding citizen in the | ||
community where he resides is bad; | ||
(7) the applicant is a minor; | ||
(8) the place or manner in which the applicant may | ||
conduct his business warrants the refusal of a permit based on the | ||
general welfare, health, peace, morals, and safety of the people | ||
and on the public sense of decency; | ||
(9) the applicant has developed an incapacity that | ||
prevents or could prevent the applicant from conducting the | ||
applicant's business with reasonable skill, competence, and safety | ||
to the public [ |
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(10) the applicant will sell liquor unlawfully in a | ||
dry area or in a manner contrary to law or will knowingly permit an | ||
agent, servant, or employee to do so; | ||
(11) the applicant is not a United States citizen 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 a | ||
permit or renewal permit on or before September 1, 1948, and has at | ||
some time been a United States citizen; | ||
(12) the applicant does not provide an adequate | ||
building available at the address for which the permit is sought | ||
before conducting any activity authorized by the permit; | ||
(13) the applicant is residentially domiciled with a | ||
person whose permit or license has been cancelled for cause within | ||
the 12 months immediately preceding the date of his present | ||
application; | ||
(14) the applicant has failed or refused to furnish a | ||
true copy of his application to the commission's district office in | ||
the district in which the premises for which the permit is sought | ||
are located; or | ||
(15) during the six months immediately preceding the | ||
filing of the application the premises for which the permit is | ||
sought have been operated, used, or frequented for a purpose or in a | ||
manner that is lewd, immoral, or offensive to public decency. | ||
SECTION 4. Section 61.71(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) The commission or administrator may suspend for not more | ||
than 60 days or cancel an original or renewal retail dealer's on- or | ||
off-premise license if it is found, after notice and hearing, that | ||
the licensee: | ||
(1) violated a provision of this code or a rule of the | ||
commission during the existence of the license sought to be | ||
cancelled or suspended or during the immediately preceding license | ||
period; | ||
(2) was finally convicted for violating a penal | ||
provision of this code; | ||
(3) was finally convicted of a felony while holding an | ||
original or renewal license; | ||
(4) made a false statement or a misrepresentation in | ||
the licensee's original application or a renewal application; | ||
(5) with criminal negligence sold, served, or | ||
delivered an alcoholic beverage to a minor; | ||
(6) sold, served, or delivered an alcoholic beverage | ||
to an intoxicated person; | ||
(7) sold, served, or delivered an alcoholic beverage | ||
at a time when its sale is prohibited; | ||
(8) entered or offered to enter an agreement, | ||
condition, or system which would constitute the sale or possession | ||
of alcoholic beverages on consignment; | ||
(9) possessed on the licensed premises, or on adjacent | ||
premises directly or indirectly under the licensee's control, an | ||
alcoholic beverage not authorized to be sold on the licensed | ||
premises, or permitted an agent, servant, or employee to do so, | ||
except as permitted by Section 22.06, 24.05, or 102.05; | ||
(10) permitted a person on the licensed premises to | ||
engage in conduct which is lewd, immoral, or offensive to public | ||
decency; | ||
(11) employed a person under 18 years of age to sell, | ||
handle, or dispense beer, or to assist in doing so, in an | ||
establishment where beer is sold for on-premises consumption; | ||
(12) conspired with a person to violate Section | ||
101.41-101.43, 101.68, 102.11-102.15, 104.04, 108.01, or | ||
108.04-108.06, or a rule promulgated under Section 5.40, or | ||
accepted a benefit from an act prohibited by any of these sections | ||
or rules; | ||
(13) refused to permit or interfered with an | ||
inspection of the licensed premises by an authorized representative | ||
of the commission or a peace officer; | ||
(14) permitted the use or display of the licensee's | ||
license in the conduct of a business for the benefit of a person not | ||
authorized by law to have an interest in the license; | ||
(15) maintained blinds or barriers at the licensee's | ||
place of business in violation of this code; | ||
(16) conducted the licensee's business in a place or | ||
manner which warrants the cancellation or suspension of the license | ||
based on the general welfare, health, peace, morals, safety, and | ||
sense of decency of the people; | ||
(17) 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; | ||
(18) purchased beer for the purpose of resale from a | ||
person other than the holder of a manufacturer's or distributor's | ||
license; | ||
(19) acquired an alcoholic beverage for the purpose of | ||
resale from another retail dealer of alcoholic beverages; | ||
(20) owned an interest of any kind in the business or | ||
premises of the holder of a distributor's license; | ||
(21) purchased, sold, offered for sale, distributed, | ||
or delivered an alcoholic beverage, or consumed an alcoholic | ||
beverage or permitted one to be consumed on the licensed premises | ||
while the licensee's license was under suspension; | ||
(22) purchased, possessed, stored, sold, or offered | ||
for sale beer in or from an original package bearing a brand or | ||
trade name of a manufacturer other than the brand or trade name | ||
shown on the container; | ||
(23) has developed an incapacity that prevents or | ||
could prevent the license holder from managing the license holder's | ||
establishment with reasonable skill, competence, and safety to the | ||
public [ |
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(24) imported beer into this state except as | ||
authorized by Section 107.07; | ||
(25) occupied premises in which the holder of a | ||
manufacturer's or distributor's license had an interest of any | ||
kind; | ||
(26) knowingly permitted a person who had an interest | ||
in a permit or license which was cancelled for cause to sell, | ||
handle, or assist in selling or handling alcoholic beverages on the | ||
licensed premises within one year after the cancellation; | ||
(27) was financially interested in a place of business | ||
engaged in the selling of distilled spirits or permitted a person | ||
having an interest in that type of business to have a financial | ||
interest in the business authorized by the licensee's license, | ||
except as permitted by Section 22.06, 24.05, or 102.05; | ||
(28) is residentially domiciled with or related to a | ||
person engaged in selling distilled spirits, except as permitted by | ||
Section 22.06, 24.05, or 102.05, so that there is a community of | ||
interests which the commission or administrator finds contrary to | ||
the purposes of this code; | ||
(29) is residentially domiciled with or related to a | ||
person whose license has been cancelled within the preceding 12 | ||
months so that there is a community of interests which the | ||
commission or administrator finds contrary to the purposes of this | ||
code; or | ||
(30) failed to promptly report to the commission a | ||
breach of the peace occurring on the licensee's licensed premises. | ||
SECTION 5. Section 61.74(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) The commission or administrator may suspend for not more | ||
than 60 days or cancel an original or renewal general, local, or | ||
branch distributor's license if it is found, after notice and | ||
hearing, that the licensee: | ||
(1) violated a provision of this code or a rule of the | ||
commission during the existence of the license sought to be | ||
cancelled or suspended or during the immediately preceding license | ||
period; | ||
(2) was finally convicted for violating a penal | ||
provision of this code; | ||
(3) was finally convicted of a felony while holding an | ||
original or renewal license; | ||
(4) violated Section 101.41-101.43, 101.68, | ||
102.11-102.15, 104.04, 108.01, or 108.04-108.06 [ |
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a rule or regulation promulgated under Section 5.40 [ |
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(5) failed to comply with a requirement of the | ||
commission relating to the keeping of records or making of reports; | ||
(6) failed to pay any tax due the state on any beer he | ||
sold, stored, or transported; | ||
(7) refused to permit or interfered with an inspection | ||
of his licensed premises, vehicles, books, or records by an | ||
authorized representative of the commission; | ||
(8) consummated a sale of beer outside the county or | ||
counties in which he was authorized to sell beer by his license; | ||
(9) purchased, sold, offered for sale, distributed, or | ||
delivered beer while his license was under suspension; | ||
(10) permitted the use of his license in the operation | ||
of a business conducted for the benefit of a person not authorized | ||
by law to have an interest in the business; | ||
(11) made a false or misleading representation or | ||
statement in his original application or a renewal application; | ||
(12) has developed an incapacity that prevents or | ||
could prevent the license holder from managing the license holder's | ||
establishment with reasonable skill, competence, and safety to the | ||
public [ |
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(13) misrepresented any beer sold by him to a retailer | ||
or to the public; | ||
(14) with criminal negligence sold or delivered beer | ||
to a minor; or | ||
(15) purchased, possessed, stored, sold, or offered | ||
for sale beer in an original package bearing a brand or trade name | ||
of a manufacturer other than the brand or trade name of the | ||
manufacturer shown on the container. | ||
SECTION 6. Section 5.61, Alcoholic Beverage Code, is | ||
repealed. | ||
SECTION 7. (a) Except as provided by Subsection (b) of this | ||
section, Section 5.022, Alcoholic Beverage Code, as amended by this | ||
Act, applies to a member of the Texas Alcoholic Beverage Commission | ||
appointed before, on, or after the effective date of this Act. | ||
(b) A member of the Texas Alcoholic Beverage Commission who, | ||
before the effective date of this Act, completed the training | ||
program required by Section 5.022, Alcoholic Beverage Code, as that | ||
law existed before the effective date of this Act, is required to | ||
complete additional training only on subjects added by this Act to | ||
the training program as required by Section 5.022, Alcoholic | ||
Beverage Code, as amended by this Act. A commission member | ||
described by this subsection may not vote, deliberate, or be | ||
counted as a member in attendance at a meeting of the commission | ||
held on or after December 1, 2019, until the member completes the | ||
additional training. | ||
SECTION 8. This Act takes effect September 1, 2019. |