NDT H.B. 3436 75(R)BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
H.B. 3436
By: Kubiak
4-14-97
Committee Report (Unamended)



BACKGROUND 

Permittees and licensees under the Alcoholic Beverage Code are not
currently required to report a breach of the peace to the Texas Alcoholic
Beverage Commission (TABC).  The commission generally finds out about such
occurrences via the local police department or Sheriff's office. This bill
requires the establishment to report any breach of the peace to the TABC.
The commission would then be able to determine if the disturbance was
within the control of the establishment 

PURPOSE

The purpose of this bill is to provide TABC with the information necessary
to better monitor permittees' and licensees' ability to control their
premises. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1:  Amends Sec. 11.61(b), Texas Alcoholic Beverage Code, by adding
a failure to report a breach of the peace to the list of offenses for
which a permit may be suspended. 

SECTION 2:  Amends Sec. 61.71(a), Texas Alcoholic Beverage Code, by adding
a failure to report a breach of the peace to the list of offenses for
which a license may be suspended. 

SECTION 3:  The changes made by this bill apply to alcoholic beverage
permittee and holders of retail dealer's on or off-premises licenses,
including holders of food and beverage certificates. 

SECTION 4:  Effective September 1, 1997.

SECTION 5:  Emergency Clause.