SRC-TNM H.B. 2745 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2745
By: Haggerty (Whitmire)
State Affairs
5-13-97
Engrossed


DIGEST 

Recently, Section 11.015 was added to the Alcoholic Beverage Code
requiring administrative hearings to be held in the county in which the
premises is located.  This usually works to the benefit of the permittee;
however, it can cause a hardship as there is no flexibility.  Current law
requires hearings in an area in which facilities or court reporters are
not readily available, and the expenses for the state to affect necessary
arrangements are greater than normal.  H.B. 2745 would allow flexibility
in the location of an administrative hearing from only the county of the
licensed premises to the neighboring county, the nearest State Office of
Administrative Hearings or any location mutually agreeable by both
parties. 

PURPOSE

As proposed, H.B. 2745 outlines provisions regarding the location of
certain hearings affecting the status of alcoholic beverage permits. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 11.015, Alcoholic Beverage Code, to provide that
notwithstanding any other provision of this code, except for a hearing
required to be conducted by a county judge, a hearing related to the
issuance, renewal, cancellation, or suspension of a permit under this
subtitle may be conducted in, rather than only in, the county in which the
premises is located, at the nearest permanent hearing office of the State
Office of Administrative Hearings, or at any location agreed to by the
parties. 

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

SECTION 3. Emergency clause.