NDT H.B. 1899 75(R)BILL ANALYSIS LICENSING & ADMINISTRATIVE PROCEDURES H.B. 1899 By: Hochberg 3-24-97 Committee Report (Unamended) BACKGROUND Currently, people who attempt to participate in alcoholic beverage licensing or permitting hearings often do not have their concerns heard. Because the average citizens do not have legal representation at these hearings, they are often intimidated by the legal objections from alcoholic beverage companies' attorneys and do not have their concerns heard or considered. PURPOSE To ensure that any citizen's concerns are heard and considered in a hearing for alcoholic beverage licensing or permitting. RULEMAKING AUTHORITY It is the committee's opinion that this bill grants additional rulemaking authority to the Texas Alcoholic Beverage Commission in Section 1 of the bill. SECTION BY SECTION ANALYSIS Section 1. Amends Subchapter B, Chapter 5 of the Alcoholic Beverage Code by adding Section 5.435 as follows: (a) States that the commission or party conducting a hearing about alcoholic beverage licensing or permitting must adopt rules that provide the public with an opportunity to appear at the hearing and speak on any issue related to the hearing. (b) States that the entity conducting the hearing must consider the public testimony when making a decision on the hearing. (c) Allows the entity conducting the hearing to adopt rules related to conduct, order of witnesses, and rules of conduct for participants and witnesses and to adopt rules related to the reliability, relevance, and authenticity of evidence as long as it does not prevent public testimony from being presented and considered. Section 2. (a) Effective date of this Act is September 1, 1997. (b) Changes made in the Act apply only to hearings initiated after the effective date of this Act. Section 3. Emergency Clause.