Amend SB 337 by striking SECTION 1 of the bill in its
entirety and inserting in lieu thereof the following new SECTION 1:
      SECTION 1.  Section 11.64(a), Alcoholic Beverage Code, is
amended to read as follows:
      (a)  When the commission or administrator is authorized to
suspend a permit or license under this code, the commission or
administrator shall determine whether the permittee or licensee may
have the opportunity to pay a civil penalty rather than have the
permit or license suspended, unless the basis for the suspension is
a violation of Section 11.61(b)(14), 22.12, 28.11, 61.71(a)(5),
61.71(a)(6), 61.74(a)(14), 69.13, 71.09, 101.63, or 106.06, or an
offense relating to prostitution or gambling, in which case the
commission or administrator shall determine whether the permittee
or licensee may have the opportunity to pay a civil penalty rather
than have the permit or license suspended.  The commission shall
adopt rules addressing when suspension may be imposed pursuant to
this section without the opportunity to pay a civil penalty.  The
commission shall adopt rules addressing when suspension may be
imposed without the opportunity to pay a civil penalty.  In
adopting rules under this subsection, the commission shall consider
the type of license or permit held, the type of violation, any
aggravating or ameliorating circumstances concerning the violation,
and any past violations of this code by the permittee or licensee.
In cases in which a civil penalty is assessed, the <The> commission
or administrator shall determine the amount of the penalty and in
doing so shall consider the economic impact a suspension would have
on the permittee or licensee.  The amount of the civil penalty may
not be less than $150 or more than $25,000 for each day the permit
or license was to have been suspended.  If the licensee or
permittee does not pay the penalty before the sixth day after the
commission or administrator notifies him of the amount, <he loses
the opportunity to pay it and> the commission or administrator
shall impose the suspension.