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.