Alcoholic Beverages Offenses

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.

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.

103.05. REPORT OF SEIZURE

(a) A peace officer who makes a seizure under Section 103.03 of this code shall make a report in triplicate which lists each item seized and the place and name of the owner, operator, or other person from whom it is seized. One copy of the report shall be verified by oath. (b) The verified copy shall be retained in the permanent files of the commission or other agency making the seizure. The copy is subject to inspection by any member of the legislature or by any authorized law enforcement agency of the state. (c) One copy of the report shall be delivered to the person from whom the seizure is made. (d) A peace officer who makes a false report of the property seized commits a felony punishable by confinement in the penitentiary for not less than two years and not more than five years. (e) A peace officer who fails to file the reports of a seizure as required by this section commits a misdemeanor punishable by a fine of not less than $50 nor more than $100 or by confinement in jail for not less than 10 nor more than 90 days or by both. The commission shall insure that the reports are made by peace officers.

109.532. CRIMINAL HISTORY BACKGROUND CHECKS

(e) A person commits an offense if the person releases or discloses in violation of this section criminal history information received by the [Texas Alcoholic Beverage] commission. An offense under this subsection is a felony of the second degree.

206.06. FORGERY OR COUNTERFEITING

(a) In this section, "counterfeit" or "forged" means printed, manufactured or made by, or under the direction of, or issued, sold, or circulated by a person not authorized to do so under the provisions of this code. (b) No person may forge or counterfeit a stamp provided for in this code or print, engrave, make, issue, sell, circulate, or possess with intent to use, sell, circulate, or pass a forged or counterfeit stamp or place or cause to be placed any forged or counterfeit stamp on any container of alcoholic beverage. (c) No person may print, engrave, make, issue, sell, or circulate with intent to defraud or knowingly possess a forged or counterfeit permit, license, official signature, certificate, evidence of tax payment, or other instrument. (d) No person may possess a stamp or a part of a stamp, die, plate, device, machine, or other instrument used or designed for use for forging or counterfeiting any instrument named in Subsection (b) or (c) of this section. (e) Conviction for an offense defined in this section may be had on the uncorroborated evidence of an accomplice. A court, officer, or tribunal having jurisdiction of an offense defined in this section or any district or county attorney may subpoena any person and compel his attendance as a witness to testify as to the violation of any provision of this section. Any person so summoned and examined is immune from prosecution for the violation of any provision of this section about which he may testify. (f) A person who violates any provision of this section commits a felony punishable by imprisonment in the penitentiary for not less than 2 nor more than 20 years.

If you are a target of a criminal investigation, or have been charged with a crime, contact Austin criminal defense attorney Bill White to discuss your case.