S.B. No. 341         AN ACT   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 [he] finds   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   [or] other dangerous drugs;                (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