NDT S.B. 337 75(R)BILL ANALYSIS


LICENSING & ADMINISTRATIVE PROCEDURES
S.B. 337
By: West (Wilson)
5-6-97
Committee Report (Amended)


BACKGROUND 

Currently, Texas provides regulatory and professional licensing agencies
with  enforcement powers to encourage compliance from the businesses or
professions they regulate.  The current structure of the Texas Alcoholic
Beverage Commission's authority to impose sanctions on a permittee or
licensee allows the violator to choose between a sanction of paying a fine
or suspension of a license for a set period of time.  This approach has
resulted in a substantial volume of permittees avoiding suspension and
reducing the agency's ability to most effectively enforce the Texas
Alcoholic Beverage Code and agency rules.  The goal of S.B. 337 is to
allow the commission to suspend a permit or license, or impose a fine
against a permittee or licensee regulated by the agency. 

PURPOSE

S.B. 337 outlines provisions regarding sanctions that may be imposed on
the holder of an alcoholic beverage permit or license. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Alcoholic Beverage Commission
under SECTION 1 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 11.64(a), Alcoholic Beverage Code, to require
the Texas Alcoholic Beverage Commission (commission) to determine whether
a licensee is authorized to pay a penalty when the commission is
authorized to suspend a license under this code.  Requires the commission
to adopt rules addressing when suspension may be imposed without the
opportunity to pay a civil penalty.  Sets forth the requirements for the
commission in adopting rules.  Requires the commission to determine the
amount of the penalty in cases in which a civil penalty is assessed.
Deletes a provision regarding a licensee losing the opportunity to pay a
penalty.  Makes nonsubstantive changes. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Provides that the change made by this Act applies to all
alcoholic beverage license or permit holders. 

SECTION 4. Makes application of this Act prospective.

SECTION 5. Emergency clause.



EXPLANATION OF AMENDMENTS

Restores language to current law to be consistent with Senate floor
amendment in Section 11.64 (a). Adds the offense of "Sale to a Minor"
under 106.03.  Deletes repeated sentence.