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. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1899 was passed by the House on April 11, 1997, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 1899 was passed by the Senate on May 26, 1997, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor