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.