H.B. No. 984
    1-1                                AN ACT
    1-2  relating to the filing of a conduct surety bond by certain
    1-3  alcoholic beverage permit or license holders.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 11.11(a) and (b), Alcoholic Beverage
    1-6  Code, are amended to read as follows:
    1-7        (a)  Except as provided in Subsection (e) of this section, an
    1-8  applicant for a permit or a holder of a permit issued under:
    1-9              (1)  Chapter 25, 28, or 32 of this code shall file with
   1-10  the commission a surety bond in the amount of $5,000 conditioned on
   1-11  the applicant's or holder's conformance with alcoholic beverage
   1-12  law; or
   1-13              (2)  Chapter 22, 24, 25, 26, 28, or 32 and whose place
   1-14  of business is within 1,000 feet of the property line of a public
   1-15  school shall file with the commission a surety bond in the amount
   1-16  of $10,000 conditioned on the applicant's or holder's conformance
   1-17  with alcoholic beverage law.
   1-18        (b)  A surety bond required under this section shall contain
   1-19  the following statements on the face of the bond:
   1-20              (1)  that the holder of the permit will not violate a
   1-21  law of the state relating to alcoholic beverages or a rule of the
   1-22  commission; and
   1-23              (2)  that the holder of the permit agrees that the
   1-24  amount of the bond shall be paid to the state if the permit is
    2-1  revoked or on final adjudication that the holder violated a
    2-2  provision of this code, regardless of whether the actions of an
    2-3  employee of a holder are not attributable to the holder under
    2-4  Section 106.14.
    2-5        SECTION 2.  Sections 61.13(a) and (b), Alcoholic Beverage
    2-6  Code, are amended to read as follows:
    2-7        (a)  Except as provided in Subsection (e) of this section, an
    2-8  applicant for a license or a holder of a license issued under
    2-9  Chapter 69 of this code shall file with the commission a surety
   2-10  bond in the amount of $5,000 or $10,000 if the applicant for a
   2-11  license or holder of a license has a business located within 1,000
   2-12  feet of the property line of a public school, conditioned on the
   2-13  applicant's or holder's conformance with alcoholic beverage law.
   2-14        (b)  A surety bond required under this section shall contain
   2-15  the following statements on the face of the bond:
   2-16              (1)  that the holder of the license will not violate a
   2-17  law of the state relating to alcoholic beverages or a rule of the
   2-18  commission; and
   2-19              (2)  that the holder of the license agrees that the
   2-20  amount of the bond shall be paid to the state if the license is
   2-21  revoked or on final adjudication that the holder violated a
   2-22  provision of this code, regardless of whether the actions of an
   2-23  employee of a holder are not attributable to the holder under
   2-24  Section 106.14.
   2-25        SECTION 3.  Sections 11.11(g) and 61.13(g), Alcoholic
   2-26  Beverage Code, are repealed.
   2-27        SECTION 4.  This Act takes effect September 1, 1995, and
    3-1  applies only to a license or permit issued or renewed on or after
    3-2  that date.  A license or permit issued or renewed before the
    3-3  effective date of this Act is governed by the law in effect at the
    3-4  time of the issuance or renewal, and the former law is continued in
    3-5  effect for that purpose.
    3-6        SECTION 5.  The importance of this legislation and the
    3-7  crowded condition of the calendars in both houses create an
    3-8  emergency and an imperative public necessity that the
    3-9  constitutional rule requiring bills to be read on three several
   3-10  days in each house be suspended, and this rule is hereby suspended.