SB 367

84(R) - 2015
Senate Business & Commerce
Senate Business & Commerce
Alcoholic Beverage Code
Business, Industry, & Commerce

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral


Sylvia Garcia

Bill Caption

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

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

SB 367 would amend the Alcoholic Beverage Code to make it illegal for the holder of an alcoholic license or permit to allow another person, who the license was not issued for, to use or display that license.

The Texas Alcoholic Beverage Code (TABC) commissioner or the administrator could cancel that license if a person is convicted of that offense. Moreover, the commissioner or administrator may refuse to issue a new license for five years following that person’s conviction.  

Finally, Section 101.76 of the bill would make this offense a Class B misdemeanor. The punishment becomes a Class A misdemeanor if it is the second time a person has been convicted of the same offense. 

Vote Recommendation Notes

5/19/15 update:

No amendments or modifications have been made to the bill since we reported on it.

First chamber analysis: 

The policy of requiring businesses to obtain licenses from the state in order to lawfully conduct business is problematic in terms of limited government and interference in free markets. However, this law addresses an issue that is already illegal. If there is going to be a punishment attached to this offense, a Class B misdemeanor for first time offenders is proportional to that offense.

For these reasons, we stand neutral on SB 367 since it does not expand the licensing structure already in place and it only requires a proportional punishment for something that is already illegal but lacks an enforcement mechanism.  

House chamber sponsor: Geren 

Organizations Supporting

Dallas Police Department
Houston Police Department
The City of Laredo