By Hochberg                                           H.B. No. 1899

         75R7753 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to public participation in alcoholic beverage licensing or

 1-3     permitting hearings.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter B, Chapter 5, Alcoholic Beverage Code,

 1-6     is amended by adding Section 5.435 to read as follows:

 1-7           Sec. 5.435.  PUBLIC PARTICIPATION IN LICENSING OR PERMITTING

 1-8     HEARINGS.  (a)  The commission or the party conducting a hearing

 1-9     under this code that relates to an application for an alcoholic

1-10     beverage license or permit, the renewal, suspension, or revocation

1-11     of an alcoholic beverage license or permit, or other disciplinary

1-12     action against the holder of an alcoholic beverage license or

1-13     permit shall adopt rules or policies that provide the public with a

1-14     reasonable opportunity to appear before the commission or the party

1-15     conducting the hearing and to speak on any issue related to the

1-16     hearing.

1-17           (b)  The commission or the party conducting the hearing shall

1-18     consider the public testimony in making a decision on the hearing.

1-19           (c)  This section does not prohibit the commission or the

1-20     party conducting the hearing from adopting rules relating to:

1-21                 (1)  the conduct of the hearing, the order of

1-22     witnesses, or rules of conduct for participants, including

1-23     witnesses, at the hearing; and

1-24                 (2)  the reliability, relevance, or authenticity of

 2-1     evidence presented at a hearing, except that a rule adopted under

 2-2     this subsection may not prevent a party from presenting testimony

 2-3     or evidence at a hearing or prevent the commission or the party

 2-4     conducting the hearing from considering the testimony or evidence

 2-5     under Subsection (b).

 2-6           SECTION 2.  (a)  This Act takes effect September 1, 1997.

 2-7           (b)  The changes in law made by this Act apply only to a

 2-8     hearing that is initiated on or after the effective date of this

 2-9     Act.

2-10           SECTION 3.  The importance of this legislation and the

2-11     crowded condition of the calendars in both houses create an

2-12     emergency and an imperative public necessity that the

2-13     constitutional rule requiring bills to be read on three several

2-14     days in each house be suspended, and this rule is hereby suspended.