By Yarbrough H.B. No. 867
75R2362 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring certain persons providing services to
1-3 alcoholic beverage permit or license applicants to post a surety
1-4 bond.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 109, Alcoholic Beverage
1-7 Code, is amended by adding Section 109.061 to read as follows:
1-8 Sec. 109.061. BOND REQUIREMENTS FOR PROVIDING APPLICATION
1-9 SERVICES. (a) This section applies to a person who routinely
1-10 offers the person's services for compensation to a permit or
1-11 license applicant for the purpose of assisting the applicant in
1-12 filing a permit or license under this code.
1-13 (b) This section does not apply to an attorney licensed in
1-14 this state who provides as an incidental service a service
1-15 described by Subsection (a) if the attorney does not have a
1-16 financial interest in any entity that routinely provides a service
1-17 described by Subsection (a).
1-18 (c) A person subject to this section shall file a surety
1-19 bond:
1-20 (1) with the commission in the amount of $50,000 for
1-21 each permit or license classification for which the person provides
1-22 services described by Subsection (a); and
1-23 (2) with the county in which the premises that is the
1-24 subject of the permit or license application is located in an
2-1 amount, not to exceed $50,000, set by the commissioners court of
2-2 the county for each permit or license classification for which the
2-3 person provides services described by Subsection (a).
2-4 (d) A surety bond required under this section must contain
2-5 on its face statements that:
2-6 (1) the person for whom it is issued will not
2-7 recklessly, knowingly, or intentionally file false information with
2-8 the commission or county, as applicable; and
2-9 (2) the amount of the bond will be paid to the state
2-10 or county, as applicable, on a finding by the commission or the
2-11 commissioners court, as applicable, that the person for whom it is
2-12 issued recklessly, knowingly, or intentionally filed false
2-13 information.
2-14 (e) The commission by rule and the commissioners court by
2-15 order shall establish requirements relating to the:
2-16 (1) form of the surety bond;
2-17 (2) qualification of the surety;
2-18 (3) method for filing and obtaining approval of the
2-19 bond by the commission or the commissioners court, as applicable;
2-20 and
2-21 (4) release and discharge of the bond.
2-22 (f) A person subject to this section shall submit a form
2-23 identifying the person to the commission and the county in which
2-24 the premises that is the subject of the application is located for
2-25 each applicant to which the person provides services. The
2-26 commission by rule shall prescribe the form to be used under this
2-27 subsection.
3-1 SECTION 2. (a) This Act takes effect September 1, 1997.
3-2 The change in law made by this Act applies only to a person
3-3 described by Section 109.061, Alcoholic Beverage Code, as added by
3-4 this Act, who provides application filing assistance to an
3-5 applicant who submits a permit or license application on or after
3-6 the effective date of this Act.
3-7 (b) A person described by Section 109.061, Alcoholic
3-8 Beverage Code, as added by this Act, who provides application
3-9 filing assistance to an applicant who submits a permit or license
3-10 application before the effective date of this Act is governed by
3-11 the law in effect at the time the permit or license application is
3-12 submitted, and the former law is continued in effect for that
3-13 purpose.
3-14 SECTION 3. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended.