By Yarbrough H.B. No. 1653
74R5998 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to administrative hearings under the Alcoholic Beverage
1-3 Code.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.43, Alcoholic Beverage Code, is amended
1-6 to read as follows:
1-7 Sec. 5.43. Who May Hold Hearing; Rules of Evidence. (a)
1-8 Except as provided by Subsection (b) <for a hearing held under
1-9 Section 61.32 of this code, a hearing on the adoption of commission
1-10 rules, or a hearing on an employment matter>, the commission
1-11 designates the State Office of Administrative Hearings to conduct
1-12 and make a record of any hearing authorized by this code.
1-13 (b) Subsection (a) does not apply:
1-14 (1) to a hearing held under Section 61.32, a hearing
1-15 on the adoption of commission rules, or a hearing on an employment
1-16 matter; or
1-17 (2) if the commission or administrator contracts with
1-18 a qualified individual to conduct and make a record of any hearing
1-19 authorized by this code.
1-20 (c) The commission or administrator may render a decision on
1-21 the basis of the record or the proposal for decision if one is
1-22 required under Chapter 2001, Government Code, <the Administrative
1-23 Procedure and Texas Register Act (Article 6252-13a, Vernon's Texas
1-24 Civil Statutes)> as if the administrator or entire commission had
2-1 conducted the hearing. The commission may prescribe its rules of
2-2 procedure for cases not heard by the State Office of Administrative
2-3 Hearings.
2-4 SECTION 2. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended,
2-9 and that this Act take effect and be in force from and after its
2-10 passage, and it is so enacted.