CHAPTER 101. GENERAL CRIMINAL PROVISIONS
ALCOHOLIC BEVERAGE CODE
TITLE 4. REGULATORY AND PENAL PROVISIONS
CHAPTER 101. GENERAL CRIMINAL PROVISIONS
SUBCHAPTER A. PROCEDURAL PROVISIONS
Sec. 101.01. RESTRAINING ORDERS AND INJUNCTIONS. (a) If a
credible person by affidavit informs the attorney general or a
county or district attorney that a person is violating or is
about to violate a provision of this code, or that a permit or
license was wrongfully issued, the attorney general or county or
district attorney shall begin proceedings in district court to
restrain the person from violating the code or operating under
the permit or license.
(b) The court may issue a restraining order without a hearing,
and on notice and hearing may grant an injunction, to prevent the
threatened or further violation or operation. The court may
require the complaining party to file a bond in an amount and
with the conditions the court finds necessary.
(c) If the court finds that a person has violated a restraining
order or injunction issued under this section, it shall enter a
judgment to that effect. The judgment operates to cancel without
further proceedings any license or permit held by the person. The
district clerk shall notify the county judge of the county where
the premises covered by the permit or license are located and
shall notify the commission when a judgment is entered that
operates to cancel a license or permit.
(d) No license or permit may be issued to a person whose license
or permit is cancelled under Subsection (c) of this section for
one year after the cancellation.
Acts 1977, 65th Leg., p. 491, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.02. ARREST WITHOUT WARRANT. A peace officer may arrest
without a warrant any person he observes violating any provision
of this code or any rule or regulation of the commission. The
officer shall take possession of all illicit beverages the person
has in his possession or on his premises as provided in Chapter
103 of this code.
Acts 1977, 65th Leg., p. 491, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.03. SEARCH AND SEIZURE. (a) A search warrant may
issue under Chapter 18, Code of Criminal Procedure, 1965, as
amended, to search for, seize, and destroy or otherwise dispose
of in accordance with this code:
(1) an illicit beverage;
(2) any equipment or instrumentality used, or capable or
designed to be used, to manufacture an illicit beverage;
(3) a vehicle or instrumentality used or to be used for the
illegal transportation of an illicit beverage;
(4) unlawful equipment or materials used or to be used in the
illegal manufacturing of an illicit beverage;
(5) a forged or counterfeit stamp, die, plate, official
signature, certificate, evidence of tax payment, license, permit,
or other instrument pertaining to this code; or
(6) any instrumentality or equipment, or parts of either of
them, used or to be used, or designed or capable of use, to
manufacture, print, etch, indite, or otherwise make a forged or
counterfeit instrument covered by Subdivision (5) of this
subsection.
(b) Any magistrate may issue a search warrant on the affidavit
of a credible person, setting forth the name or description of
the owner or person in charge of the premises (or stating that
the name and description are unknown), the address or description
of the premises, and showing that the described premises is a
place where this code has been or is being violated. If the place
to be searched is a private dwelling occupied as such and no part
of it is used as a store, shop, hotel, boarding house, or for any
other purpose except as a private residence, the affidavit must
be made by two credible persons.
(c) All provisions of Chapter 18, Code of Criminal Procedure,
1965, as amended, apply to the application, issuance, and
execution of the warrant except those that conflict with this
section.
(d) The officer executing the warrant shall seize all items
described in Subsection (a) of this section, and those items may
not be taken from his custody by a writ of replevin or any other
process. The officer shall retain the items pending final
judgment in the proceedings.
(e) This section does not require a peace officer to obtain a
search warrant to search premises covered by a license or permit.
Acts 1977, 65th Leg., p. 491, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.04. CONSENT TO INSPECTION; PENALTY. (a) By accepting a
license or permit, the holder consents to the commission, an
authorized representative of the commission, or a peace officer
entering the licensed premises at any time to conduct an
investigation or inspect the premises for the purpose of
performing any duty imposed by this code.
(b) A person commits an offense if the person refuses to allow
the commission, an authorized representative of the commission,
or a peace officer to enter a licensed or permitted premises as
required by Subsection (a). An offense under this section is a
Class A misdemeanor.
Acts 1977, 65th Leg., p. 492, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
68, Sec. 19, eff. September 1, 2007.
Sec. 101.05. NEGATION OF EXCEPTION: INFORMATION, COMPLAINT, OR
INDICTMENT. An information, complaint, or indictment charging a
violation of this code need not negate an exception to an act
prohibited by this code, but the exception may be urged by the
defendant as a defense to the offense charged.
Acts 1977, 65th Leg., p. 492, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.06. TESTIMONY OF ACCOMPLICE. A conviction for a
violation of this code cannot be had upon the testimony of an
accomplice unless corroborated by other evidence tending to
connect the defendant with the offense committed; and the
corroboration is not sufficient if it merely shows the commission
of the offense.
Acts 1977, 65th Leg., p. 492, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 108, ch. 67, Sec. 1,
eff. Aug. 27, 1979.
Sec. 101.07. DUTY OF PEACE OFFICERS. All peace officers in the
state, including those of cities, counties, and state, shall
enforce the provisions of this code and cooperate with and assist
the commission in detecting violations and apprehending
offenders.
Acts 1977, 65th Leg., p. 492, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.08. DUTY OF COUNTY COURT. When a violation of this
code occurs, the county court shall make a recommendation to the
commission as to cancellation or suspension of any permit or
license connected with the violation.
Acts 1977, 65th Leg., p. 492, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.09. REPORTS OF CONVICTIONS. Every county and district
clerk in the state shall furnish the commission or its
representative, on request, a certified copy of the judgment of
conviction and of the information against a person convicted of a
violation of this code. The clerk may not charge a fee for
furnishing the copy.
Acts 1977, 65th Leg., p. 492, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.10. WHOLESALE OR RETAIL SALE: PRIMA FACIE EVIDENCE.
(a) Proof that a retail permittee sold or delivered more than
three gallons of distilled spirits to a person in a single or
continuous transaction is prima facie evidence that the sale was
at wholesale.
(b) Proof that a permittee authorized to sell distilled spirits
at wholesale sold or delivered less than three gallons of
distilled spirits in a single transaction is prima facie evidence
that the sale was a retail sale.
(c) The presumption created by Subsection (b) of this section
does not apply to the lawful delivery of 2.4 gallons or more of
distilled spirits under the authority of a local distributor's
permit.
Acts 1977, 65th Leg., p. 492, ch. 194, Sec. 1, eff. Sept. 1,
1977.
SUBCHAPTER B. OFFENSES RELATING TO DRY AREAS
Sec. 101.31. ALCOHOLIC BEVERAGES IN DRY AREAS. (a) Except as
otherwise provided in this code, no person in a dry area may
manufacture, distill, brew, sell, import into the state, export
from the state, transport, distribute, warehouse, store, solicit
or take orders for, or possess with intent to sell an alcoholic
beverage.
(b) An offense under this section is a Class B misdemeanor.
(c) If it is shown on the trial of an offense under this section
that the person has previously been convicted two or more times
of an offense under this section, the offense is a state jail
felony.
Acts 1977, 65th Leg., p. 493, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 2001, 77th Leg., ch. 462, Sec. 1, eff.
Sept. 1, 2001.
Sec. 101.32. PRIMA FACIE EVIDENCE OF INTENT TO SELL. (a)
Possession of more than one quart of liquor in a dry area is
prima facie evidence that it is possessed with intent to sell.
(b) Possession in a dry area of more than 24 twelve-ounce
bottles of beer, or an equivalent amount, is prima facie evidence
of possession with intent to sell.
Acts 1977, 65th Leg., p. 493, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.33. DELIVERY OF LIQUOR IN DRY AREA. Section 107.03 of
this code relates to the delivery of liquor in a dry area.
Acts 1977, 65th Leg., p. 493, ch. 194, Sec. 1, eff. Sept. 1,
1977.
SUBCHAPTER C. CONTAINERS
Sec. 101.41. CONTAINERS, PACKAGING, AND DISPENSING EQUIPMENT OF
BEER: LABELS. (a) No manufacturer or distributor, directly or
indirectly or through a subsidiary, affiliate, agent, employee,
officer, director, or firm member, may manufacture, sell, or
otherwise introduce into commerce any container, packaging, or
dispensing equipment of beer that does not meet the requirements
of this section.
(b) Every container of beer must have a label or imprint in
legible type showing the full name and address of the
manufacturer and, if it contains a special brand brewed for a
distributor, of the distributor. Any box, crate, carton, or
similar device in which containers of beer are sold or
transported must have a label meeting the same requirements.
(c) The label of a container of beer must state the net contents
in terms of United States liquor measure.
(d) No container, packaging material, or dispensing equipment
may bear a label or imprint that:
(1) by wording, lettering, numbering, or illustration, or in any
other manner refers or alludes to or suggests a manufacturing
process, aging, analysis, or a scientific fact;
(2) refers or alludes to the "proof," "balling," or "extract" of
the product;
(3) is untrue in any respect; or
(4) by ambiguity, omission, or inference tends to create a
misleading impression, or causes or is calculated to cause
deception of the consumer with respect to the product.
Acts 1977, 65th Leg., p. 493, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 61, eff.
Sept. 1, 1993.
Sec. 101.42. RETURNABLE CONTAINER: ACCEPTANCE BY ANOTHER
MANUFACTURER. No manufacturer of beer may purchase, accept as a
return, or use a barrel, half-barrel, keg, case, or bottle
permanently branded or imprinted with the name of another
manufacturer.
Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.43. MISBRANDING OF BREWERY PRODUCT. (a) No
manufacturer or distributor, directly or indirectly, or through a
subsidiary, affiliate, agent, employee, officer, director, or
firm member, may sell or otherwise introduce into commerce a
brewery product that is misbranded.
(b) A product is misbranded if:
(1) it is misbranded within the meaning of the federal Food and
Drug Act;
(2) the container is so made or filled as to mislead the
purchaser, or if its contents fall below the recognized standards
of fill;
(3) it misrepresents the standard of quality of products in the
branded container; or
(4) it is so labeled as to purport to be a product different
from that in the container.
Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.45. CONTAINERS OF WINE: MAXIMUM CAPACITY. No person
may sell wine to a retail dealer in containers with a capacity
greater than 4.9 gallons.
Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.46. CONTAINERS OF LIQUOR: MINIMUM CAPACITIES. (a)
Except as provided by Subsections (b), (c), and (d) of this
section, no person may import, sell, or possess with intent to
sell any liquor in a container with a capacity of less than 20
milliliters. A container of liquor offered for sale that has a
capacity of less than six fluid ounces must substantially conform
to the labeling requirements of the Bureau of Alcohol, Tobacco,
and Firearms for larger containers in which liquor is sold.
Holders of distiller's or rectifier's permits wishing to sell
liquor bottled in containers of less than six fluid ounces to
wholesalers must sell such containers of liquor to wholesalers in
units of unbroken, sealed cases. Wholesalers shall sell liquor
bottled in containers of less than six fluid ounces to package
stores in units of unbroken, sealed cases. Containers of liquor
with a capacity of less than six fluid ounces offered for sale in
a package store must be sold in units of sealed packages
featuring multiple bottles of liquor.
(b) Subsection (a) of this section does not apply to permittees
or licensees while engaged in supplying airline beverage or mixed
beverage permittees, nor to the possession or sale of liquor by
an airline beverage or mixed beverage permittee, but none of the
permittees or licensees covered by this subsection may possess
liquor in a container with a capacity of less than one fluid
ounce.
(c) Subsection (a) of this section does not apply to liquor
imported under Section 107.07 of this code.
(d) Spirit coolers, as described by the definition of "distilled
spirits" in Section 1.04 of this code, may be sold in containers
with a capacity of less than 355 milliliters as well as in
containers with any other capacity authorized by this code for
distilled spirits.
Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 1146, ch. 552, Sec. 1,
eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 934, Sec. 62, eff.
Sept. 1, 1993; Acts 2001, 77th Leg., ch. 269, Sec. 1, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 1095, Sec. 1, eff. Sept. 1,
2003.
Sec. 101.47. CARRIER MAY TRANSPORT LIQUOR IN SMALL CONTAINERS.
The commission may authorize a common carrier of persons engaged
in interstate commerce to transport liquor in containers of less
than 20 milliliters if the liquor is not for sale, use, or
consumption in the state.
Acts 1977, 65th Leg., p. 494, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1979, 66th Leg., p. 1969, ch. 777, Sec. 10,
eff. Aug. 27, 1979; Acts 2003, 78th Leg., ch. 1095, Sec. 2, eff.
Sept. 1, 2003.
Sec. 101.48. COMMISSION'S REGULATORY AUTHORITY. Sections 5.39
and 5.40 of this code relate to the commission's authority to
regulate liquor containers and beer container deposits.
Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1,
1977.
SUBCHAPTER D. MISCELLANEOUS OFFENSES
Sec. 101.61. VIOLATION OF CODE OR RULE. A person who fails or
refuses to comply with a requirement of this code or a valid rule
of the commission violates this code.
Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.62. OFFENSIVE NOISE ON PREMISES. No licensee or
permittee, on premises under his control, may maintain or permit
a radio, television, amplifier, piano, phonograph, music machine,
orchestra, band, singer, speaker, entertainer, or other device or
person that produces, amplifies, or projects music or other sound
that is loud, vociferous, vulgar, indecent, lewd, or otherwise
offensive to persons on or near the licensed premises.
Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.63. SALE TO CERTAIN PERSONS. (a) A person commits an
offense if the person with criminal negligence sells an alcoholic
beverage to an habitual drunkard or an intoxicated or insane
person.
(b) Except as provided in Subsection (c) of this section, a
violation of this section is a misdemeanor punishable by a fine
of not less than $100 nor more than $500, by confinement in jail
for not more than one year, or by both.
(c) If a person has been previously convicted of a violation of
this section or of Section 106.03 of this code, a violation is a
misdemeanor punishable by a fine of not less than $500 nor more
than $1,000, by confinement in jail for not more than one year,
or by both.
Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 2003, 78th Leg., ch. 508, Sec. 1, eff.
Sept. 1, 2003.
Sec. 101.64. INDECENT GRAPHIC MATERIAL. No holder of a license
or permit may possess or display on the licensed premises a card,
calendar, placard, picture, or handbill that is immoral,
indecent, lewd, or profane.
Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.65. BEVERAGES MADE FROM CERTAIN MATERIALS PROHIBITED.
No person may manufacture, import, sell, or possess for the
purpose of sale an alcoholic beverage made from:
(1) any compound made from synthetic materials;
(2) substandard wines;
(3) imitation wines; or
(4) must concentrated at any time to more than 80 degrees
Balling.
Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1999, 76th Leg., ch. 1297, Sec. 1, eff.
Sept. 1, 1999.
Sec. 101.66. BEVERAGES OF CERTAIN ALCOHOL CONTENT PROHIBITED.
No person may manufacture, sell, barter, or exchange a beverage
that contains alcohol in excess of one-half of one percent by
volume and not more than four percent of alcohol by weight,
except beer, wine coolers, and spirit coolers.
Acts 1977, 65th Leg., p. 495, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1993, 73rd Leg., ch. 934, Sec. 60, eff.
Sept. 1, 1993.
Sec. 101.67. PRIOR APPROVAL OF MALT BEVERAGES. (a) No person
may ship or cause to be shipped into the state, import into the
state, manufacture and offer for sale in the state, or
distribute, sell, or store in the state any beer, ale, or malt
liquor unless:
(1) a sample of the beverage or a sample of the same type and
quality of beverage has been first submitted to an independent,
reputable laboratory or the commission for analysis to verify the
alcohol content of the beverage; and
(2) the label of the beverage has been first submitted to the
commission or its representative and found to comply with all
provisions of this code relating to the labeling of the
particular type of beverage.
(b) Only a brewer's or nonresident brewer's permittee or a
manufacturer's or nonresident manufacturer's licensee may apply
for and receive label approval on beer, ale, or malt liquor.
(c) This section does not apply to the importation of beer for
personal consumption and not for sale.
(d) If the commission determines that the product analysis
provided by the independent laboratory or the sample, and the
label, required by Subsection (a) comply with the provisions of
this code and the rules of the commission, the commission shall
issue a certificate of approval upon receipt of a fee in an
amount that is sufficient to cover the cost of administering this
section. A copy of the certificate shall be kept on file in the
office of the commission.
(e) The commission by rule shall establish the procedures for
accepting analysis of beer, ale, or malt liquor by an independent
laboratory under Subsection (a)(1).
Acts 1977, 65th Leg., p. 496, ch. 194, Sec. 1, eff. Sept. 1,
1977. Amended by Acts 1987, 70th Leg., ch. 495, Sec. 4, eff. Aug.
31, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
68, Sec. 20, eff. September 1, 2007.
Sec. 101.671. PRIOR APPROVAL OF DISTILLED SPIRITS AND WINE. (a)
Before an authorized permittee may ship distilled spirits or
wine into the state or sell distilled spirits or wine within the
state, the permittee must register the distilled spirits or wine
with the commission. The registration application must include a
certificate of label approval issued by the United States Alcohol
and Tobacco Tax and Trade Bureau for the product.
(b) On registration of a certificate of label approval issued by
the United States Alcohol and Tobacco Tax and Trade Bureau, the
commission shall approve the product under this section and issue
a letter to that effect to the permittee. The commission may not
require additional approval for the product unless there is a
change to the label or product that requires reissuance of the
federal certificate of label approval. The commission shall
accept the certificate of label approval as constituting full
compliance with any applicable standards adopted under Section
5.38 regarding quality, purity, and identity of distilled spirits
or wine.
(c) The commission may not register a product unless the
application is accompanied by a fee set by the commission in an
amount that is sufficient to cover the cost of administering this
section. A copy of the registration shall be kept on file in the
office of the commission.
(d) The commission by rule shall establish procedures for
accepting federal certificates of label approval for registration
under this section.
Added by Acts 2007, 80th Leg., R.S., Ch.
68, Sec. 21, eff. September 1, 2007.
Sec. 101.68. CONSIGNMENT SALE PROHIBITED. A person commits an
offense if he is a party to, or directly or indirectly interested
in or connected with, a consignment sale of an alcoholic
beverage.
Acts 1977, 65th Leg., p. 496, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.69. FALSE STATEMENT. Except as provided in Section
103.05(d), a person who makes a false statement or false
representation in an application for a permit or license or in a
statement, report, or other instrument to be filed with the
commission and required to be sworn commits an offense punishable
by imprisonment in the Texas Department of Criminal Justice for
not less than 2 nor more than 10 years.
Acts 1977, 65th Leg., p. 496, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.007, eff. September 1, 2009.
Sec. 101.70. COMMON NUISANCE. (a) A room, building, boat,
structure, or other place where alcoholic beverages are sold,
bartered, manufactured, stored, possessed, or consumed in
violation of this code or under circumstances contrary to the
purposes of this code, the beverages themselves, and all property
kept or used in the place, are a common nuisance. A person who
maintains or assists in maintaining the nuisance commits an
offense.
(b) The county or district attorney in the county where the
nuisance exists or the attorney general may sue in the name of
the state for an injunction to abate and temporarily and
permanently enjoin it. Except as otherwise provided in this
section, the proceeding is conducted as other similar
proceedings.
(c) The plaintiff is not required to give a bond. The final
judgment is a judgment in rem against the property and a judgment
against the defendant. If the court finds against the defendant,
on final judgment it shall order that the place where the
nuisance exists be closed for one year or less and until the
owner, lessee, tenant, or occupant gives bond with sufficient
surety as approved by the court in the penal sum of at least
$1,000. The bond must be payable to the state and conditioned:
(1) that this code will not be violated;
(2) that no person will be permitted to resort to the place to
drink alcoholic beverages in violation of this code; and
(3) that the defendant will pay all fines, costs, and damages
assessed against him for any violation of this code.
(d) On appeal, the judgment may not be superseded except on
filing an appeal bond in the penal sum of not more than $500, in
addition to the bond for costs of the appeal. That bond must be
approved by the trial court and must be posted before the
judgment of the court may be superseded on appeal. The bond must
be conditioned that if the judgment of the trial court is finally
affirmed it may be forfeited in the same manner and for any cause
for which a bond required on final judgment may be forfeited for
an act committed during the pendency of an appeal.
Acts 1977, 65th Leg., p. 496, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.71. INSPECTION OF VEHICLE. No holder of a permit
issued under Title 3, Subtitle A, of this code, may refuse to
allow the commission or its authorized representative or a peace
officer, on request, to make a full inspection, investigation, or
search of any vehicle.
Acts 1977, 65th Leg., p. 497, ch. 194, Sec. 1, eff. Sept. 1,
1977.
Sec. 101.72. CONSUMPTION OF ALCOHOLIC BEVERAGE ON PREMISES
LICENSED FOR OFF-PREMISES CONSUMPTION. (a) A person commits an
offense if the person knowingly consumes liquor or beer on the
premises of a holder of a wine and beer retailer's off-premise
permit or a retail dealer's off-premise license.
(b) A person is presumed to have knowingly violated Subsection
(a) of this section if the warning sign required by either
Section 26.05 or 71.10 of this code is displayed on the premises.
(c) Except as provided in Subsection (d) of this section, a
violation of this section is a misdemeanor punishable by a fine
of not less than $25 nor more than $200.
(d) If a person has been convicted of a violation of this
section occurring within a year of a subsequent violation, the
subsequent violation is a misdemeanor punishable by a fine of not
less than $100 nor more than $200.
Added by Acts 1983, 68th Leg., p. 2212, ch. 414, Sec. 5, eff.
Sept. 1, 1983.
Sec. 101.73. EXPUNGEMENT OF CONVICTION FOR CONSUMPTION ON
PREMISES LICENSED FOR OFF-PREMISES CONSUMPTION. (a) A person
convicted of not more than one violation of Section 101.72 of
this code within 12 months, after the first anniversary of the
conviction, may apply to the court in which he was convicted to
have the conviction expunged.
(b) The application shall contain the applicant's sworn
statement that he was not convicted of an additional violation of
Section 101.72 of this code during the previous 12 months.
(c) If the court finds that the applicant was not convicted of
another violation of Section 101.72 of this code during the
preceding 12 months, the court shall order the conviction,
together with all complaints, verdicts, fines, and other
documents relating to the offense, to be expunged from the
applicant's record. After entry of the order, the applicant is
released from all disabilities resulting from the conviction, and
the conviction may not be shown or made known for any purpose.
Added by Acts 1983, 68th Leg., p. 2212, ch. 414, Sec. 5, eff.
Sept. 1, 1983.
Sec. 101.74. OFFENSES RELATING TO BINGO. (a) An organization
licensed to conduct bingo under Chapter 2001, Occupations Code,
may not offer an alcoholic beverage as a bingo prize or as a door
prize at a bingo occasion.
(b) A person who holds a permit or license at the manufacturing
or wholesale levels of the alcoholic beverage industry or a
person who holds a package store permit may not participate in
advertising any bingo game or pay or contribute toward payment of
the printing of bingo cards or of the supplying of any novelties
of any sort to be used during or in connection with the conduct
of a bingo game.
Added by Acts 1989, 71st Leg., ch. 238, Sec. 41, eff. Jan. 1,
1990. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.727,
eff. Sept. 1, 2001.
Sec. 101.75. CONSUMPTION OF ALCOHOLIC BEVERAGES NEAR SCHOOLS.
(a) A person commits an offense if the person possesses an open
container or consumes an alcoholic beverage on a public street,
public alley, or public sidewalk within 1,000 feet of the
property line of a facility that is a public or private school,
including a parochial school, that provides all or any part of
prekindergarten through twelfth grade.
(b) This section does not apply to the possession of an open
container or the consumption at an event duly authorized by
appropriate authorities and held in compliance with all other
applicable provisions of this code.
(c) An offense under this section is a Class C misdemeanor.
(d) In this section, "open container" has the meaning assigned
in Section 109.35.
Added by Acts 1993, 73rd Leg., ch. 934, Sec. 63, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 260, Sec. 6, eff. May
30, 1995; Acts 2001, 77th Leg., ch. 388, Sec. 1, eff. May 28,
2001.