TITLE: Relating to the unauthorized use of an alcoholic beverage permit or license; providing a criminal penalty.

SUMMARY: Relating to the unauthorized use of an alcoholic beverage permit or license; providing a criminal penalty.

FULL TEXT:
AN ACT relating to the unauthorized use of an alcoholic beverage permit or license; providing a criminal penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 11.05, Alcoholic Beverage Code, is amended to read as follows: Sec. 11.05. UNAUTHORIZED USE OF PERMIT. A [No] permittee may not consent to or allow the use or display of the permittee's [his] permit by a person other than the person to whom the permit was issued. SECTION 2. Section 11.46, Alcoholic Beverage Code, is amended by adding Subsection (d) to read as follows: (d) The commission or administrator shall refuse to issue an original permit to a person convicted of an offense under Section 101.76 for a period of 10 years from the date of the conviction. SECTION 3. Section 11.61, Alcoholic Beverage Code, is amended by adding Subsection (d-1) to read as follows: (d-1) Notwithstanding Section 11.64, the commission or administrator shall cancel an original or renewal permit if it is found, after notice and hearing, that the permittee was convicted of an offense under Section 101.76. SECTION 4. Subchapter A, Chapter 61, Alcoholic Beverage Code, is amended by adding Section 61.16 to read as follows: Sec. 61.16. UNAUTHORIZED USE OF LICENSE. A licensee may not consent to or allow the use or display of the licensee's license by a person other than the person to whom the license was issued. SECTION 5. Section 61.42, Alcoholic Beverage Code, is amended by adding Subsection (d) to read as follows: (d) The county judge, commission, or administrator shall refuse to approve or issue a license to a person convicted of an offense under Section 101.76 for a period of 10 years from the date of the conviction. SECTION 6. Subchapter C, Chapter 61, Alcoholic Beverage Code, is amended by adding Section 61.713 to read as follows: Sec. 61.713. CANCELLATION FOR IMPROPER DISPLAY OR USE OF LICENSE. Notwithstanding Section 61.76 or 61.761, the commission or administrator shall cancel an original or renewal license if it is found, after notice and hearing, that the licensee was convicted of an offense under Section 101.76. SECTION 7. Subchapter D, Chapter 101, Alcoholic Beverage Code, is amended by adding Section 101.76 to read as follows: Sec. 101.76. UNLAWFUL DISPLAY OR USE OF PERMIT OR LICENSE. (a) A person commits an offense if the person allows another person to display or use a permit or license issued by the commission in any manner not allowed by law. (b) A person commits an offense if the person displays or uses a permit or license issued by the commission to another person in any manner not allowed by law. (c) An offense under this section is a Class A misdemeanor. SECTION 8. This Act takes effect September 1, 2013.