NDT H.B. 3437 75(R)BILL ANALYSIS LICENSING & ADMINISTRATIVE PROCEDURES H.B. 3437 By: Kubiak 4-7-97 Committee Report (Unamended) BACKGROUND Currently, the Alcoholic Beverage Code does not contain a "breach of the peace" provision applicable to private clubs although such provisions exist for application to mixed beverage permitees and beer retailers. Therefore, if a fight or injury occurs on the premises of a private club, and the club staff could have prevented the breach, TABC does not have statutory authority to sanction the club. This bill amends Chapter 32 of the Alcoholic Beverage Code to include a provision on breach of the peace in accord with provisions concerning mixed beverage permits and beer retailers. PURPOSE The purpose of this bill is to provide the TABC with statutory authority to sanction a private club for failure to prevent a breach of the peace. 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 Chapter 32, TEXAS ALCOHOLIC BEVERAGE CODE, by adding Sec. 32.24 to provide TABC with the authority to suspend or cancel a private club registration permit in the event that improper supervision results in a breach of the peace on the licensed premises. SECTION 2: Amends Sec. 32.17(a) and (b) to change "liquor" to "alcoholic beverage." SECTION 3: Effective September, 1997. SECTION 4: Emergency Clause.