SRC-JRN H.B. 1899 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1899
By: Hochberg (Gallegos)
State Affairs
4-29-97
Engrossed


DIGEST 

Currently, people who attempt to participate in alcoholic beverage
licensing or permitting hearings may not have their concerns addressed at
the hearings.  People attending these hearings may not have legal
representation and may be intimidated by attorneys representing alcoholic
beverage companies. This bill provides the opportunity for citizens'
concerns to be heard and considered in a hearing for alcoholic beverage
licensing or permitting. 

PURPOSE

As proposed, H.B. 1899 provides the opportunity for citizens' concerns to
be heard and considered in a hearing for alcoholic beverage licensing or
permitting. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Alcoholic Beverage Commission
in SECTION 1 (Sections 5.435(a) and (c), Alcoholic Beverage Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 5B, Alcoholic Beverage Code, by adding Section
5.435, as follows: 

Sec. 5.435.  PUBLIC PARTICIPATION IN LICENSING OR PERMITTING HEARINGS.
Requires the Texas Alcoholic Beverage Commission (commission) or the party
conducting a hearing under this code relating to an application for an
alcoholic beverage license or permit, or other disciplinary action against
the holder of an alcoholic beverage license or permit to adopt rules that
provide the public with a reasonable opportunity to appear before the
commission or the party conducting the hearing and to speak on any issue
related to the hearing.  Requires the commission or the party conducting
the hearing to consider the public testimony in making a decision on the
hearing.  Provides that this section does not prohibit the commission or
the party conducting the hearing from adopting rules relating to certain
matters of the hearing. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.