Bill Text: TX SB341 | 2017-2018 | 85th Legislature | Enrolled
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.
Spectrum: 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 |
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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 [ |
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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 | ||
[ |
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(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 |