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