ALCOHOLIC BEVERAGE CODE
TITLE 4. REGULATORY AND PENAL PROVISIONS
CHAPTER 101. GENERAL CRIMINAL PROVISIONS
SUBCHAPTER A. PROCEDURAL PROVISIONS
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
§ 101.04. CONSENT TO INSPECTION. By accepting a license
or permit, the holder consents that the commission, an authorized
representative of the commission, or a peace officer may enter 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.
Acts 1977, 65th Leg., p. 492, ch. 194, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 108, ch. 67, § 1, eff. Aug.
27, 1979.
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
SUBCHAPTER B. OFFENSES RELATING TO DRY AREAS
§ 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, § 1, eff. Sept. 1, 1977.
Amended by Acts 2001, 77th Leg., ch. 462, § 1, eff. Sept. 1,
2001.
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
SUBCHAPTER C. CONTAINERS
§ 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, § 1, eff. Sept. 1, 1977.
Amended by Acts 1993, 73rd Leg., ch. 934, § 61, eff. Sept. 1,
1993.
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
§ 101.44. CONTAINERS OF BEER: CAPACITIES. No person
may possess, sell, or transport any beer except in containers
having a capacity of one barrel, one-half barrel, one-quarter
barrel, or one-eighth barrel, or in bottles or cans having a
capacity of 32, 24, 16, 12, 8, or 7 fluid ounces.
Acts 1977, 65th Leg., p. 494, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 54, ch. 33, § 7, eff. Jan. 1,
1980.
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 1146, ch. 552, § 1, eff. Aug.
27, 1979; Acts 1993, 73rd Leg., ch. 934, § 62, eff. Sept. 1,
1993; Acts 2001, 77th Leg., ch. 269, § 1, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1095, § 1, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept. 1, 1977.
Amended by Acts 1979, 66th Leg., p. 1969, ch. 777, § 10, eff.
Aug. 27, 1979; Acts 2003, 78th Leg., ch. 1095, § 2, eff. Sept. 1,
2003.
§ 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, § 1, eff. Sept. 1, 1977.
SUBCHAPTER D. MISCELLANEOUS OFFENSES
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
Amended by Acts 2003, 78th Leg., ch. 508, § 1, eff. Sept. 1,
2003.
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
Amended by Acts 1999, 76th Leg., ch. 1297, § 1, eff. Sept. 1,
1999.
§ 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, § 1, eff. Sept. 1, 1977.
Amended by Acts 1993, 73rd Leg., ch. 934, § 60, eff. Sept. 1,
1993.
§ 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 the
commission for analysis and been found by the commission or its
representative to comply with all rules and regulations of the
commission relating to quality, purity, and standards of measure;
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 sample and label
required by Subsection (a) of this section 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 the amount of $25. A copy of the certificate shall be kept on
file in the office of the commission.
Acts 1977, 65th Leg., p. 496, ch. 194, § 1, eff. Sept. 1, 1977.
Amended by Acts 1987, 70th Leg., ch. 495, § 4, eff. Aug. 31,
1987.
§ 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, § 1, eff. Sept. 1, 1977.
§ 101.69. FALSE STATEMENT. Except as provided in
Section 103.05(d) of this code, 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 penitentiary for not less than 2 nor more
than 10 years.
Acts 1977, 65th Leg., p. 496, ch. 194, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
§ 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, § 1, eff. Sept. 1, 1977.
§ 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 or not
less than $100 nor more than $200.
Added by Acts 1983, 68th Leg., p. 2212, ch. 414, § 4, eff. Sept.
1, 1983.
§ 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, § 4, eff. Sept.
1, 1983.
§ 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, § 41, eff. Jan. 1, 1990.
Amended by Acts 2001, 77th Leg., ch. 1420, § 14.727, eff. Sept.
1, 2001.
§ 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, § 63, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 260, § 6, eff. May 30, 1995;
Acts 2001, 77th Leg., ch. 388, § 1, eff. May 28, 2001.