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.