SRC-CDH H.B. 3436 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 3436
By: Kubiak (Whitmire)
State Affairs
5-13-97
Engrossed


DIGEST 

Currently, permittees and licensees under the Alcoholic Beverage Code are
not required to report a breach of the peace to the Texas Alcoholic
Beverage Commission (TABC).  TABC generally finds out about such
occurrences via the local police department or sheriff's office.  H.B.
3436 requires permittees and licensees to report any breach of the peace
to TABC.  TABC would then be able to determine if the disturbance was
within the establishment's control. 

PURPOSE

As proposed, H.B. 3436 establishes provisions regarding reports required
by certain retailers of alcoholic beverages. 

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 11.61(b), Alcoholic Beverage Code, to authorize
the Texas Alcoholic Beverage Commission (TABC) or the administrator to
suspend for not more than 60 days or cancel an original or renewal permit
if it is found, after notice and hearing, that the permittee failed to
promptly report to TABC a breach of the peace occurring on the permittee's
licensed premises. 

SECTION 2. Amends Section 61.71(a), Alcoholic Beverage Code, to authorize
TABC or the administrator to suspend for not more than 60 days or cancel
an original or renewal retail dealer's on- or off-premise license if it is
found, after notice and hearing, that the licensee failed to promptly
report to TABC a breach of the peace occurring on the licensee's licensed
premises. 

SECTION 3. Provides that the change in law made by this Act applies to the
holder of an alcoholic beverage permit or retail dealer's on- or
off-permit license, including a holder of a food and beverage certificate
issued by TABC. 

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.